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Dangote Group, BUA Group, the FCCPC & Sugar Price Fixing.

Dangote Group, BUA Group, the FCCPC & Sugar Price Fixing. Daily Law Tips (Tip 790) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

 Introduction:   

BUA Group is a food and infrastructure conglomerate based in Nigeria, owned by Nigerians and formed by Mr. Abdul Samad Rabiu in 1988. Dangote Group is the largest conglomerate in West Africa, formed in 1981 by Mr. Aliko Dangote, having in investments in food and shelter, among others. Both business entities have huge investments in the Nigeria’s sugar industry. Relying on newspapers reports, Mr. Aliko Dangote of Dangote Group and Mr. John Coumantaros, Chairman of Nigeria Flour Mills Plc both signed and sent a petition against BUA Group vide a letter dated 28 January 2021. 

The petition was addressed to the Minister of Industry, Trade and Investment, and it alleged that BUA Group was involved in activities that are contrary to the National Sugar Master Plan (NSMP) of the Federal Government of Nigeria. It was alleged in the petition that BUA Group does not intend to invest on development of sugar plantations, so as to qualify for raw sugar importation quotas, rather that BUA Group plans to only import and refine raw sugar through its new sugar refinery in Port Harcourt, Rivers State. The petition led to several other letters and a shocking allegation that

Dangote Group was involved in price fixing and had sought BUA Group to join the illicit exercise, but that the refusal of BUA Group, prompted the petition of allegations of Dangote Group. The allegation is weighty in a country with a competition and consumer protection regulator. This work focuses on price fixing and the powers of the Federal Competition and Consumer Protection Commission (FCCPC) to ensure fair competition and the expected interventions of FCCPC in the Dangote Sugar V. BUA Group price fixing allegation. 

Dangote Group, BUA Group and the Price Fixing Allegation:

Following the petition of Dangote Group, the Minister of Industry, Trade and Investment wrote BUA Group via a letter dated 10 February 2021 and requested that a response be sent to him on or before 19 February 2021. By a letter dated 11 February 2021, Mr. Abdul Samad Rabiu of BUA Group responded to the letter of the Minister and stated that the company was not in violation of the NSMP. He further reiterated that the operations of the BUA Group were on the

approval of the President of Nigeria and that the petition of the BUA Group’s competitors (Dangote Group and the Nigeria Flour Mills Plc) was a challenge to the powers of the President of Nigeria. BUA Group assured the Minister that its activities will rather save Nigerians from price fixing and manipulations in the sugar sector; “the only way it will affect Nigerians is that Nigerians will pay lower prices for sugar …” and “where it is absolutely necessary- in the face of arbitrary price increases and collusion to force scarcity of the product locally.” 

The response of BUA Group has been popularly interpreted to insulate that the BUA Group’s competitors (Dangote Group and the Nigeria Flour Mills Plc) may be involved in price fixing and manipulation. Furthermore, according to RipplesNigeria, “Dangote Sugar representative had allegedly approached BUA Sugar founder, Abdulsamad Rabiu, to increase price of sugar during Ramadan last year due to improved demand. Rabiu was allegedly asked to join their plan to fix price of sugar. But BUA turned down the suggestion, choosing to leave its price at the same rate. Prior to Ramadan, the price was N13,000 per bag, but Dangote and one other market competitor wanted the price increased to N30,000 per bag.”

However, Dangote Group has since denied being involved in any price fixing/manipulation, through Mr. Ravindra Singhvi (its Group Managing Director), and confirmed that, “DSR does not engage in artificial price manipulation of its products, either during the Holy month of Ramadan or at any other time.” “We have never ever increased price of our food items or commodities during the Holy month of Ramadan in the history of our operations.”. So far, the is no news or information about any investigation by Federal Competition and Consumer Protection Commission (FCCPC) on the allegation of price fixing in the sugar sector.

The FCCPC and Price Fixing: 

Although, it is in the news that both Aliko Dangote and Abdul Samad Rabiu have reconciled their differences, through the intervention of Mr. Abdullahi Umar Ganduje (Governor of Kano State), the legal implications of their allegations and counter allegations have not settled, rather they call out the Federal Competition and Consumer Protection Commission (FCCPC) to play its statutory roles. 

Federal Competition and Consumer Protection Commission (FCCPC) is a federal agency established on 30 January 2019 to promote and maintain competitive markets in the Nigerian economy. It has the objective to prohibit restrictive and unfair business practices, which prevent, restrict or distort competition or constitute an abuse of a dominate position of the market power in Nigeria. It is the apex consumer protection agency. 

FCCPC is established by the Federal Competition and Consumer Protection Act (FCCPA) and the FCCPA criminalizes all forms and shades of unfair competition agreements in the Nigerian economy. Specifically, section 59 of the FCCPA prohibits all agreements that may actually or likely prevent, restrict or distort competition and also declares all such agreement as invalid and void. For avoidance of doubt, section 59 of the FCCPA went further to list out some common anti-competition practises, like; fixing a purchase or selling prices of goods or services. This is where the FCCPA clearly prohibits and criminalizes all agreements relating to price fixing/manipulation of all sorts. 

By section 69 of the FCCPA, any entity that has an anti-competition agreement is punishable with an imprisonment term of not more than 5 years or fine of not more than N5 Million Naira, where the offender is a human being. Where the offender is a corporate being, the punishment is a fine that is not more than 10% of the turnover of the corporate being in the preceding business year and each of its directors are to be punished with an imprisonment term of not more than 5 years or fine of not more than N5 Million Naira or both.

The FCCPA, clearly in section 107, describes and criminalizes price fixing. It frowns at any business entity that directly or indirectly, by agreement, threat, promise or any other means, seeks to influence or conspire to influence an increase or decrease in prices of any other business entity, where that other business entity is not part of the entity seeking the price fixing.  

Price fixing is punishable with imprisonment for not more than 3 years or fine for not more than N10 Million Naira or both, where the offender is a human being. Where the offender is a corporate being, the punishment is a fine that is not more than 10% of the turnover of the corporate being in the preceding business year and each of its directors are to be punished with an imprisonment term of not more than 3 years or fine of not more than N10 Million Naira. 

Conspiracy between entities on price fixing is also an offence and it is punishable with 3 years or fine for not more than N10 Million Naira or both, where the offender is a human being. Where the offender is a corporate being, the punishment is a fine that is not more than 10% of the turnover of the corporate being in the preceding business year and each of its directors are to be punished with an imprisonment term of not more than 5 years or fine of not more than N10 Million Naira, under section 108 of the FCCPA.

The FCCPC, Dangote Group and BUA Group: Which Way?:

By section 2 of the Federal Competition and Consumer Protection Act (FCCPA), all government and non-government agencies involved in commercial activities in Nigeria are bound by the FCCPA and under the supervision of the FCCPC. The Dangote Group, BUA Group and all other business entities in Nigeria or outside Nigeria with interests in Nigeria are under the supervision of the FCCPC. Hence, the FCCPC should quickly investigate the alleged allegation of price fixing. 

The FCCPC has powers by virtue of the sections 27, 28, 29, 30 and 31 of the FCCPA to authorize (on warrant of court or without warrant, in urgent cases), that the facilities and properties of Dangote and BUA Groups be searched, inspected and to remove any article, document or extract for the purpose of ascertaining whether there has been a price fixing or not. Also, Dangote and BUA Groups have the duty to assist and ensure that their facilities are properly searched and necessary materials taken away by FCCPC. Obstructing the search and investigation of FCCPC is a criminal offence and it is punishable with not more than 2 years imprisonment term or not more than fine of N5 Million Naira or both.  

Also, the FCCPC can also write and demand that the Dangote and BUA Groups provide information to assist with investigation. And, the FCCPC can also summon any person in Dangote and BUA Groups to appear before the FCCPC during hearings. Furthermore, by sections 32 and 33 of the FCCPA, failure of the Dangote and BUA Group to provide any requested information to FCCPC or to appear at the hearings of the FCCPC is a criminal offence. This offence is punishable with an imprisonment term of not more than 3 years or fine of N20 Million Naira or both. The destruction of records/information or any materials by any person (the Dangote Group or BUA Group) is a criminal offence punishable with an imprisonment term for 3 years or fine of not more than N50 Million Naira or both. 

Assuming that the allegation of BUA Group against Dangote Group is found to be true, the punishment will be a fine that is not more than 10% of the turnover of the corporate being in the preceding business year and each of its directors are to be punished with an imprisonment term of not more than 3 years or fine of not more than N10 Million Naira. 

If the allegation of BUA Group is true, and both entities are found to have conspired to fix price on sugar, their conspiracy will be punished. Each of them will be punished with a fine that is not more than 10% of its turnover in the preceding business year and each of its directors are to be punished with an imprisonment term of not more than 5 years or fine of not more than N10 Million Naira.

The alleged BUA Group allegation against Dangote Group should be investigated by the FCCPC. If the BUA Group continues with its allegation at the FCCPC and the investigation of FCCPC finds the allegation to be false, then BUA Group should be punished for giving false and misleading information. By section 112 of the FCCPA, the punishment for giving false/misleading information by BUA Group is a fine that is not more than 10% of the turnover of the corporate being in the preceding business year and each of its directors are to be punished with an imprisonment term of not more than 5 years or fine of not more than N10 Million Naira. 

Conclusion: 

The two major sugar giants in Nigeria (Dangote Group and BUA Group) have fought over the Nigerian sugar sector. It is in the news that the fight is over, thanks to Governor Ganduje of Kano State, for intervening in the fight between two indigenes of his state (Mr. Aliko Dangote of Dangote Group and Mr. Abdul Samad Rabiu of BUA Group). 

However, the alleged allegation of BUA Group against Dangote Group on price fixing, is an issue that is high and above the reconciliatory powers of Governor Ganduje. Price fixing is a criminal offence and is clearly provided by the FCCPA and only the FCCPC has the powers to investigate and prosecute such matter. 

Price fixing aside its unhealthy market competition impacts, has a huge impact on consumers, and sits only on the statutory plate of the FCCPC. The role of sugar in households and in the production of Fast Moving Consumables (FMCs) makes price fixing on sugar a national issue and a threat to the NSMP. Hence, the alleged allegation of price fixing against Dangote Group by the BUA Group is an issue that should be immediately investigated by the FCCPC and the result of such investigation should be made public.

My authorities, are:

  1. Sections  1, 2, 3, 27, 28, 29, 30, 31, 32, 33, 59, 69, 107, 112 , 167 and 168 of the Federal Competition and Consumer Protection Act, 2019.
  2. BUA Group, “About Us” <https://buagroup.com> accessed 6 May 2021
  3. “Dangote Group” <https://en.wikipedia.org/wiki/Dangote_Group> accessed 6 May 2021
  4. Pro Share, “Dangote Vs BUA; The Sugar Wars Unredacted” (ProShare, 18 April 2021) <https://www.proshareng.com/news/Stock—Analyst-Updates/Dangote-Vs-BUA–The-Sugar-Wars-Unredacte/56840> accessed 6 May 2021
  5. Chike Olisha, “Dangote, BUA reconcile over sugar plant dispute after meeting with Ganduje, others” (Nairametrics, 15 April 2021) <https://nairametrics.com/2021/04/15/dangote-bua-reconcile-over-sugar-plant-dispute-after-meeting-with-ganduje-others/> accessed 6 May 2021
  6. James Emejo, “Dangote, Flour Mills, BUA at War over New Sugar Refinery” (ThisDay, 9 April 2021) <https://www.thisdaylive.com/index.php/2021/04/09/dangote-flour-mills-bua-at-war-over-new-sugar-refinery/> accessed 6 April 2021
  7. Martins Oloja, “Dangote vs BUA: Borrowing from Ganduje’s Initiative” (The Guardian, 18 April 2021) <https://guardian.ng/opinion/dangote-vs-bua-borrowing-from-gandujes-initiative/> accessed 6 May 2021
  8. Ripples Nigeria, “Dangote responds to BUA’s price fixing allegations” (RipplesNigeria, 9 April, 2021) <https://www.ripplesnigeria.com/dangote-responds-to-buas-price-fixing-allegations/> accessed 6 May 2021
  9. Wiseman Ubochioma, “BUA Group vs. Dangote Group debacle: Competition law and limits of price fixing” (TheGuardian, 27 April 2021) <https://guardian.ng/features/law/bua-group-vs-dangote-group-debacle-competiton-law-and-limits-of-price-fixing/> accessed 6 May 2021.
  10. Onyekachi Umah, “Punishment for Price Increment during COVID-19 Lockdown in Lagos State” (LearnNigerianLaws.com, 13 April 2020) <https://learnnigerianlaws.com/punishment-for-price-increment-during-covid-19-lockdown-in-lagos-state/> accessed 23 April 2021
  11. Pic Credit: PremiumTimes

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Has Nigeria truly failed? By Lasisi Olagunju

By Lasisi Olagunju Ph.D

“Nigeria as a state has moved from fragility to failure. It is panting, helpless and rolling in what Rotberg calls “a maelstrom of anomic internal conflict.” And it is scary. Criminals make demands which must be met. Last week, we exchanged one bandit for 29 students of an agric school in Kaduna. Fair deal, good bargain? Is that our new exchange rate? How many more of such trade-by-barter are in the works? Everywhere you turn, the plaintive questions you hear are: How did we get here? What do we do now? Where is the Federal Government in all these? We see meetings and eating; we see designer caps and shoes. We hear presidential appeals to bandits to have mercy on the state. We read lamentations about arms still flooding markets and forests despite presidential decrees. We read of felons attacking security formations, murdering cops and escaping calm and collected. So, we ask: What is a ‘failed state’? If state failure and state collapse still mean a country losing “authority over its territory and peoples, and, cannot protect its national boundaries,” then, sadly, we are there. The pot is broken.”

We used to boast that no matter what we do to our country, something always pulled us back from the brink. Now, it looks like we’ve lost that magic. We should be worried at what may be coming. The world appears to have an idea too. Robert Rotberg, with whom Campbell is co-authoring Nigeria’s report card, is the President Emeritus of the World Peace Foundation and the founding director of the Program on Intrastate Conflict and Conflict Resolution at Harvard University’s Kennedy School of Government. He is further described as “a frequent commentator on conflict and conflict prevention in the developing world, especially Africa, Asia, and the Caribbean, on failed and fragile states, on good governance and encouraging good governance, on genocide and ethnic cleansing, on corruption, and on specific civil wars and other contemporary issues in Sudan, Kenya, Rwanda, Zimbabwe, South Africa, Somalia, Burma, Sri Lanka, and Haiti.” Take a deep look at that resume and at those countries and their history of conflicts and wars. We have done enough to ourselves to get seated with Sudan and Somalia in the same club house of failure.

You go out, bandits get you; you stay at home, they come for you. The world is alarmed at what we have made of our country. We are shocked too that it could be this bad. The United States in April described Nigeria’s security problems as extraordinary. To be extraordinary is to be more than ordinary, to be very unusual, very big. UNICEF, in a December 2020 video documentary, told a troubled world that “big problems require big solutions.” And big solutions come only from ‘big’ brains, not from ratty, resource eaters. Our country is in a very big mess; it is in a turmoil because we are an incredible people, towing the truck of Nigeria with a Volkswagen Beatle. We do not need Americans to tell us that it is finished. We don’t have to be told that the solution to our “extraordinary” security problems lies beyond the capacity of the present ‘ordinary’ leadership we have blessed ourselves with. We have a ‘big’ presidency that begs bandits, fires abuse, not at terrorists, but at “disgruntled religious leaders” and at teary bereaved women and men. We have a federal government that thinks, seriously, that banditry and kidnapping are not its responsibility. We ask what is the definition of state failure? Check.

Is our case completely hopeless? Once in a season of famine, Tortoise was found cooking stones. He told his critics that he was at least, doing something to keep hope alive. No bread is stale in the mouth of famine. In the absence of big solutions from big Abuja, where do we turn? Some talk of breaking down the problems into “manageable, time and resource-dependent steps.” Nigeria is not completely an orphanage. Regions and states are stepping in to contain the flood from Nigeria’s collapsed dam. In the South West where I live, I know serious-minded elders stopped sleeping long ago; they are working. Obas have gone back to their ancestors to save them from the shame of failure. They hold a trove of facts and information, method and means that may calm the sea and pull the land back from the precipice. I hope the state taps them. Some governors are also awake and we can talk to them without the fear of insults. They are the reason we still speak about government and governance in Nigeria. Just on Saturday, speakers of South West Houses of Assembly met in Ibadan. They asked their governors to invest in drones and surveillance helicopters to battle insecurity. In the absence of the pilot, Nigeria’s cabin crew members are scrambling to avert a crash. That appears to be what the governors and the obas are doing at the moment: each taking his bits and working on them to stop the crash.

The timeliness of the Amotekun initiative did so much to scare the enemy, rouse and help Western Nigeria. The West is the only zone so far without the orgy of upscale violence we see in other zones. The West is the only region that has not donated its powers and space to criminals who daily attack security forces, murder policemen and raid schools. Some states have enacted laws banning open grazing of cows to stop herdsmen’s atrocities. Has it worked? Not really. Benue is one example. We heard the cries of Governor Samuel Ortom two weeks ago. Unfortunately those he was crying to don’t hear anything. They carefully choose what to hear and whom to listen to. The problem of Ortom’s people is not the biblical wall of Jericho. Noise cannot defeat the enemy of the people of Benue. The enemy is without ears. The governor needs to cook something better than what he has in his pot.

If there is a southern state that needs to be really worried about getting the Benue experience, it is Oyo State. Its geography, history and current demographics lay it out as a state very vulnerable to attack from Fulani bandits beyond the present episodic cases of ambush and kidnap. The Ibadan-Ijebu Ode road is almost as deadly as the Abuja-Kaduna road. The vast swathes of forested plains from Ibarapa to Oke Ogun has a history of bandits incursion dating back to the 19th century. It was between Oyo town and Oke Ogun area that Samuel Ajayi Crowther, his mother, grandmother, sisters, cousin and everybody in his village were, 200 years ago, literally hunted down and sold into slavery by the Fulani. In his 1837 letter to Rev. Williams Jowett, then Secretary of the Church Missionary Society, Crowther told his gripping story: “The morning in which my town, Ocho-gu (Osogun), shared the same fate which many others had experienced, was fair and delightful; and most of the inhabitants were engaged in their respective occupations. We were preparing breakfast without any apprehension; when, about 9 o’clock a.m. a rumour was spread in the town that the enemies had approached with intentions of hostility. It was not long after when they had almost surrounded the town, to prevent any escape of the inhabitants…the enemies entered the town after about three or four hours’ resistance…Your humble servant was thus caught — with his mother, two sisters (one an infant about ten months old), and a cousin…” Crowther said the attackers were Fulani actively assisted by some Yoruba felons, who tied them, “with a noose of rope thrown over the neck of every individual” like goats. They were then led through the town by their captors. He added that “before we got half-way through the town, some Foulahs (Fulbe or Fulani), among the enemies themselves, hostilely separated my cousin from our number.” These horrific details came in the first quarter of 1821, exactly 200 years ago. That was a moment of state failure in Yorubaland.

Now, the felons have reincarnated. We are back to the past. That Oyo area has lived up to that reputation. Tales of woe from residents and visitors blight lives and living there. So, when I read the Oyo State governor recently launching a new technology-driven security initiative deep in the kidnappers den along Ibadan-Ijebu Ode road, I said we may be getting there. It was cheering that in a week that President Muhammadu Buhari’s Katsina State announced using untrained ancestral hunters’ dogs to protect schools and students, there was a state government elsewhere that knew we were in the 21st century. Governor Seyi Makinde told the media at the Ibadan- Ijebu-Ode road event: “This particular place has been in the news for kidnapping, people coming across the border to perpetrate evil here. This is a pilot project, we want to secure all the entry and exit points to Oyo State. This is the border with Ogun State. We have CCT cameras here that are being monitored from the control room in Ibadan. If anything is going on here, we will get alerted for the security agencies to quickly deal with the situation appropriately. If any crime is committed inside the state and the criminals want to run, we will activate the process and get them arrested.” I pray this works. If it works, replication by other (neighbouring) states will be a viable expectation. You see why we ask for a decentralized, unbundled Nigeria?

Nigeria as a state has moved from fragility to failure. It is panting, helpless and rolling in what Rotberg calls “a maelstrom of anomic internal conflict.” And it is scary. Criminals make demands which must be met. Last week, we exchanged one bandit for 29 students of an agric school in Kaduna. Fair deal, good bargain? Is that our new exchange rate? How many more of such trade-by-barter are in the works? Everywhere you turn, the plaintive questions you hear are: How did we get here? What do we do now? Where is the Federal Government in all these? We see meetings and eating; we see designer caps and shoes. We hear presidential appeals to bandits to have mercy on the state. We read lamentations about arms still flooding markets and forests despite presidential decrees. We read of felons attacking security formations, murdering cops and escaping calm and collected. So, we ask: What is a ‘failed state’? If state failure and state collapse still mean a country losing “authority over its territory and peoples, and, cannot protect its national boundaries,” then, sadly, we are there. The pot is broken.

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JUSUN Strike And The Tragedies Of Failed Leadership In Nigeria

By S.O. Akobe, Esq.

On the 6th of April, 2021, JUSUN (an umbrella association or union of all Judiciary workers in Nigeria) embarked on an indefinite industrial action. The reason for the strike is to ensure that the Governors of all the States of the Federation implement the much talked-about financial autonomy for the judiciary.

In an ideal democratic clime, three Arms of Government thrive: The Executive, the Legislature, and the Judiciary. See sections 4, 5 and 6 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). By constitutional provisions under the 1999 Constitution, the three arms of Government ought to be independent of each other but without prejudice to certain stipulated checks and balances amongst them as provided by the Constitution itself. The independence and/or or autonomy envisaged under the Nigerian Constitution includes control of finances by the respective arms of Government. For the State Judiciary, section 121 (3) of the Constitution provides, “Any amount standing to the credit of the Judiciary in the Consolidated Revenue Fund of the State shall be paid directly to the heads of the courts concerned.” (Emphasis ours). Equivalent provision is contained in section 81(3) of the Constitution for the Federal Judiciary.

The above constitutional provision is supreme and same is binding on all persons and authorities in Nigeria including all the 36 Governors in Nigeria and their non-juristic Nigeria Governors Forum (NGF). What is more, the word “shall” is used in the said section 121 (3) of the Constitution, and by judicial authorities, the use of the word “shall” in an enactment connotes mandatoriness which does not give room for discretion. The Supreme Court of Nigeria in General Muhammadu Buhari v. Independent National Electoral Commission (2008) LPELR – 814 (SC), held thus; “When the word “shall” is used in a statute it connotes the intendment of the legislator that what is contained therein must be done or complied with. It does not give room for manoeuvre of some sort, or evasiveness. Whatever the provision requires to be done must be done, and it is not at all negotiable…” (per MUKHTAR, JSC (as he then was, at pages 276 – 277, PARAS. E –D). On the mandatory connotation of the word “shall” in a statute, the Court of Appeal per Owoade, JCA in Mr. Udak Etim Okon v. Mr Ekaette Udak Okon (2016) LPELR – 42056 (CA) at page 9, paras. D-F, held thus: “As a general rule the use of the word “shall” connotes and conveys a mandatory message in a statute. See Melaye v Tajudeen (2012) 15 NWLR (Pt. 1323) 315. Fidelity Bank Plc v Monye (2012) 10 NWLR (Pt. 1307) 1, Adeosun v Governor Ekiti State (2012) 4 NWLR (Pt. 1291) 581, Dantata v Mohammed (2012) 8 NWLR (Pt. 1302) 366”.

Unfortunately, rather than simply obey the above cited mandatory Constitutional provision on financial autonomy for the Judiciary, the Nigerian Governors under the aegis of Nigeria Governors Forum (NGF) have decided to constitute themselves into a clique of stumbling blocks against the enforcement and implementation of the letters and spirit of the Constitution. Rather than being concerned with public good, the NGF is only determined to build their members’ (the Governors) selfish interest for as long as they remain in office.

Without mincing words, I hold the firm view that having regard to the use of the word “shall” in section 121(3) of the Constitution, the Nigerian Governors and their Forum thereof have no say let alone an approval to give as far as financial autonomy for the Judiciary is concerned. As a matter of fact, even the President has no power or discretion to exercise on the issue of financial autonomy for the Judiciary. Hence, we dare say with every sense of responsibility that even the so-called Executive Order No. 10, 2020 signed by President Muhammed Buhari was not only superfluous but also a clear case of a militarily-inclined mockery of the Constitution. The Executive Order No. 10 of 2020, in my humble assessment, is a veiled monster cynically designed to subject the financial autonomy of the Judiciary to the control of the Attorney-General of the Federation. It is like granting financial autonomy to the Judiciary with one hand and taking same away  from them with another hand. That is a gift of the devil!

On the issue of financial autonomy for the Judiciary, the provision of the Nigerian Constitution is enough to be relied upon for its full implementation! No Executive Order is needed to implement and/or enforce the provisions of the Nigerian Constitution especially where there is no ambiguity in the constitutional provision(s) sought to be enforced. Even where there is ambiguity in the Constitution or any other law, it is the courts that are constitutionally empowered to interpret same.

The above having been said, the begging question therefore is, from which legal source did the Governors under the auspices of NGF draw their strength and powers of opposition against the full implementation of financial autonomy for the Judiciary? Obviously, the Nigerian Governors and/or their umbrella Association (NGF) are arrogating to themselves powers which in law they do not possess and while enjoying the pleasure of this brazen impunity, they have magnified themselves over and above the Nigerian Constitution which carries a mandatory provision on financial autonomy for the Judiciary.

In my view, President Muhammed Buhari has not lived up to expectation on the ongoing JUSUN strike as he appears to be lacking the needed political will for the full implementation of financial autonomy for the Judiciary. Thus, it is either the President is secretly behind the rebellious Governors or he has become too weak to the extent that Governors are now more powerful that the President on constitutional issues of public importance. If it were not so, what will it cost the President to put necessary measures in place and direct the Minister of Finance and/or the Accountant General of the Federation to deduct from source and pay directly to the heads of courts any amount standing to the credit of the Federal and States’ Judiciaries as contemplated under sections 81(3) and 121 (3) respectively, of the Constitution? Is the Minister of Finance answerable to the Governors or the President? I understand that there may be lacunas in the Constitution as to how the provision of section 121(3) of the Constitution may be enforced or implemented but that should not be a justification for the resistance of financial autonomy for the Judiciary by the Governors more so, as there is an unappealed judgments of the Courts in favour of financial autonomy for the judiciary as a constitutional ordinance. (See the following cases: Judiciary Staff Union of Nigeria v. National Judicial Council and Governors of the 36 States in Suit No: FHC/ABJ/CS/667/13; Olisa Agbakoba v. FG, the NJC and National Assembly in Suit No: FHC/ABJ/CS/63/2013; and Olisa Agbakoba v. AG, Ekiti State & 2 Ors. in Suit No: NAD/56/2013). In all these cases, the Courts held that financial autonomy for the judiciary is a constitution provision. Unfortunately, the Governors are not ready to obey the decisions of the courts on this point.

Well, beyond the current JUSUN strike, one undisputed fact is laid bare as far as the Nigerian Governors vis-à-vis matters of public interest are concerned. That undisputed fact is that when it comes to issues affecting their political interests with less importance to the good of the masses, the NGF will be divided along party lines to the applaud of some gullible Nigerians but when it comes to issues of public importance, the NGF will be very much united in opposing same. On the ongoing JUSUN strike, all the Governors are speaking with one voice in opposition to it except the Bauchi State Governor who has openly expressed his readiness to implement financial autonomy for the Judiciary in his State. There is nothing like PDP Governors or APC Governors on the current issue all because their selfish interest is at stake. This is the provocative situation we find ourselves as a nation and it is indeed, a very sorry spectacle.

The Judiciary and the Legislature are arms of Government just as the Executive is. No arm of government should be superior to others just because it exacts unconstitutional monopoly of the money meant for the other arms. If the Executive Arm of Government cannot obey the Nigerian Constitution as well as court judgment, what other good can one expect from them? One would ordinarily expect some Governors like Nyesom Wike Rivers State, Rotimi Akeredolu (SAN) of Ondo State and Aminu Waziri Tambuwal of Sokoto State, who are Legal Practitioners to lead the struggle for financial autonomy for the Judiciary but that is not the case at the moment as they appear to be the most relunctant and docile Governors on the issue of implementation of financial autonomy for the Judiciary in Nigeria.

Sincerely speaking, I know not of any democratic nation in the world that would allow its courts to be grounded for one month and still counting without its leaders being bothered at all as it is in Nigeria. Even under the military regime, the courts function. Ironically, under a supposed democratic dispensation the courts are dispensed with for more than a month now and no one cares to solve the problem. What a tragedy!

As JUSUN strike continues, many inmates awaiting trials are in various prisons in the Country with no certainty as to when the strike would be called off. One of the dangers of this is that disgruntled inmates may embark on jail break if the strike continues to linger. Apart from the inmates in prisons, a lot of fortunes have been lost as a result of this strike. There are several cases of wrong Bank transfers which would have been remedied through court order but for the current strike. Several rights are violated daily with no place to go for redress. Lawlessness abound as people now resort to self-help since courts do not exist in Nigeria anymore! As a matter of fact, nothing is left out to certify Nigeria as a Failed State! Show me a country where there is leadership failure and I will give you a perfect picture of a failed State.

The ongoing JUSUN strike was avoidable assuming we have good leaders in Nigeria. JUSUN is not asking for too much; they are only fighting for the implementation of what the laws of our land have provided. The NGF has no authority in law to dictate otherwise! It is a sad commentary that an arm of government is asking for financial autonomy in the hands of another arm of government! This is not what democracy contemplates and neither is it what our Constitution envisages. The Governors are guilty of constitutional rape on issue of financial autonomy for the judiciary which led to the ongoing JUSUN strike. Just because of 36 Governors in a Country of above 200 million population all the courts in Nigeria are locked up indefinitely and the rights and interests of millions and millions of Nigerians are trampled upon daily without redress for the past one month. If indeed this is what democracy is all about, then I pray the Military to take over because under the military, the courts operate!

Sadly, the Nigerian State is bleeding at the behest of the bad leaders in the helm of affairs. In Nigeria, it is one problem, too many. What we have are leaders who fight against the common good of the people they profess to lead. Constitutionally, a Governor cannot stay beyond eight years in office. Hence, Governors come and go like the nomads of this world but government and its various arms and institutions abide always. Thus, instead of supporting policies that can make our government and its institutions better off for centuries to come, our Governors are all saying in unison, “Though it may be, but certainly not in our own time”!

The struggle for the implementation of financial autonomy for the Judiciary is a long-term agitation for the good of our judicial system but for their own short-term pleasures, greed and selfish interest, the Nigerian Governors are opposing same. They will surely fail!

Dear JUSUN, hold unto your agitation(s) and do not give up for I sure know that the Pharaohs and Herods of this nation shall soon collapse and fade away!

     (S.O. Akobe, Esq. can be reached via [email protected])

Judicial Timidity And Executive Lawlessness: A Consequence Of The Absence Of Judicial Autonomy

By Ekezie Kingstonjoe Onumajulu Esq.

Introduction

An independent judiciary is necessary for a democracy to thrive. It ensures the rule of law and encourages the realization of human rights and also the prosperity and stability of a society. Prof. Nnamdi Obiaraeri in his book titled ‘Human Rights in Nigeria’ highlighted judicial timidity and executive lawlessness as huge impediments to the realization of fundamental rights in Nigeria. Judicial timidity and executive lawlessness remains an obstacle towards the realization of a true democracy, rule of law and administration of justice in Nigeria. The absence of judicial autonomy has further fueled the disregard for the judicial arm of government by the executive arm. This paper will basically deal with an aspect of judicial autonomy which is financial independence.

Sections 81(3) of the 1999 Constitution (as amended) provides that any amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the Federation shall be paid directly to the National Judicial Council for disbursement to the heads of the courts established for the Federation and the State under section 6 of this Constitution. Section 121(3) of the 1999 Constitution (as amended) also provides that any amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the State shall be paid directly to the heads of the courts concerned.

To give credence to this constitutional postulation, the courts in their wisdom have given a judicial recognition to these unambiguous provisions of the Constitution which gave the judiciary its due autonomy in a suit filed by the Judiciary Staff Union of Nigeria (JUSUN) against the governors of the 36 States and others in suit number FHC/ABJ/CS/667/13. One may ask why a Government who swore to uphold the provisions of the Constitution resorts to negotiations before respecting the letters of the Constitution or obeying a simple order of court.

In Labour Party V. INEC (2009) LPELR – 1732 (SC) (p. 25 paras. C), the Supreme Court per Ogbuagu JSC had this to say “it is now firmly settled that a court order must be obeyed even if such order is perverse, until such a time that the order is set aside by a competent court. Saulawa JCA as he then was, quoting the eminent and fearless American jurist Mr. Justice Frankfurter in the case of Zenith Bank V Igbokwe (2013) LPELR-2197(CA) stated that “The courts authority… possessed of neither the purse nor the sword…ultimately rests on sustained public confidence in its moral sanction.”

Presently in Nigeria, there are numerous decisions of various courts of records yet to be complied with. This is remotely linked to the fact that ‘he who pays the piper dictates the tune’.  It is more worrisome that encomiums are poured on any member of the executive arm of government who conveniently obeys the judgments of the courts. The executive arm of government at the Federal and State level have always been applauded for paying salaries to judicial workers and buying official cars to judicial officers as if the purchase of those cars is an extension of the margins of their executive magnanimity. Arising from the foregoing is the reason why many key players in the justice sector applauds Rivers State as one of the States enjoying the dividends of an independent judiciary. With the greatest respect to those involved, such statements are rooted in a bewildering predilection of self deception.

Where lies the hope of the common man when he has a case with an arm of government that pays the judiciary? How can the common man have confidence in a sector that is so handicapped? Further, the security situation which is a concomitant effect of a lack of confidence in the judiciary has resulted to citizens preferring self help than wait for his adversaries to comply with order of court.

The Way Forward:

M.P. Singh an Indian lawyer once said:

The most important aspect in the independence of the judiciary is its constitutional position. Just as the constitution provides for the composition and powers of the executive and the legislature, it should also provide for the judiciary. If the constitution vests the judicial power in the judiciary, so much the better. Otherwise the constitution may provide for the composition of the courts and their jurisdiction, and for the appointment, terms of office, and tenure of the judges. The Constitution must ensure a constitutional position of dignity to the judiciary. The constitution must also ensure administrative independence of the judiciary, such as supervision and control over administrative staff, preparation of its budget, and maintenance of court buildings. It must prohibit ad hoc tribunals and the diversion of cases from ordinary courts, ensure the natural judge principle, ordain respect for and enforcement by the other branches of the government of court decisions, provide for separation of judges from the civil services, and prohibit diminution of judges’ service conditions. Some of these matters may be trusted to legislation; however, there must be enough assurance in the constitution to that effect so that the judiciary is able to command respect in the eyes of the people and is able to attract the ablest persons as judges. Again, judicial tenure and appointment must be beyond the control of the executive.

One of Nigeria’s greatest problems is not the laws but the institutions and implementation of such laws. As earlier posited, the Constitution has so far preliminarily dealt with the aforementioned position of M.P. Singh. Little wonder, JUSUN presently embarked on a national strike to ensure compliance with judicial autonomy. The underlying purpose of the independence of the judiciary is that judges must be able to adjudicate on disputes before them according to law, uninfluenced by any other factor. To achieve this, the judiciary must be financially independent to weather the storm of the other arms of government.

Moving forward, for judges to adhere to the law in adjudicating over disputes without fear or favor, the provisions of the Constitution on financial autonomy must be followed to the latter. This will be the first step towards actualizing the many reforms needed in the justice sector.

Conclusion

There are pertinent areas of the Constitution on the judiciary which are ripe for amendment. One of areas is the role of the executive and legislative arms in the appointment of members of the bench. In as much as there is clamor for a free and independent judiciary, in a democracy, there must be checks and balances in place to ensure discipline and compliance with the laws and to discourage tyranny. Although no arm of government can stop another arm from exercising its constitutional functions, where the functions so performed are seen to be manifestly in contravention of the Constitution something can be done to check it. See Inakoju V. Adeleke (2007) LPELR-1510 SC.

In conclusion, the framers of the Nigerian Constitution had a grand vision anchored on a free and just society based on the rule of law. An independent judiciary will promote the rule of law and reposition the judiciary as the last hope of the common man. This will also enhance public confidence in the judiciary. The judiciary must not just be seen to be independent but must be actually independent.

Written By Ekezie Kingstonjoe Onumajulu Esq

Tribute to Innocent Chukwuma (1966 – 2021)

Innocent Chukwuma

By Atedo N A Peterside

I was always struck by the fact that our mutual friends and associates assumed that Innocent Chukwuma and I had known each other for a very long time. In reality, our paths only crossed for the first time around 2014.

I was a late addition to an email chat group that Innocent and a few other friends belonged to and so I first got to meet Innocent through the views he expressed on important national issues before I met the man in real life. Ours was therefore essentially a virtual interaction which metamorphosed into a real life engagement.

What brought Innocent and I together therefore was the power of his written ideas and his penchant for analysing complex national problems honestly and sincerely. It was also about the depth and quality of his insights. I loved reading Innocent’s emails because they were overflowing with remarkable insights and dotted with subtle hints regarding the best way forward. His style was never explicit nor forceful. He wrote like somebody who was more interested in teaching you how to fish than in serving you fish to eat.

Eventually, Innocent and I established contact offline because the feelings that his writings evoked in me were similar to what my modest written contributions evoked in him; perhaps a case of birds of the same feather flocking together. For the record, Innocent was by far the larger bird, but it is fair to say that our relationship blossomed on the strength of mutual respect. Innocent made it clear that he respected me, not on account of my corporate and business experience, but more on account of my interest and desire to speak up for the common man and the common good. These were the exact same things that I respected Innocent for, especially since many of his insights were deeper than mine.

If I only met Innocent in 2014, then I shudder when I recount the long list of very remarkable people, who mean well for Nigeria, and whom Innocent went out of his way to introduce me to. These were not business tycoons. They were largely men and women who were serving Nigeria in a variety of ways and who loved their fatherland and were ready to sacrifice their time, energy and limited resources to fight for the greater good. In a nutshell, Innocent helped to embed me within an ecosystem that was sincere and highly motivated and from which I drew lots of oxygen and also gave back some oxygen periodically.

When the COVID-19 threat became very real from March 2020 onwards, Innocent was one of the first people I contacted to become a member of the 18-member Anap Foundation COVID-19 Think Tank. This was a voluntary assignment and his assigned responsibilities included linking us up with Aid agencies and other NGOs as well as reaching out to the NCDC, whom we were determined to support. Innocent achieved all of this in record time and also got Ford Foundation to help contract an Epidemiologist that would support our work, as an Adviser, in the early months.

There were too many other rich engagements to list here e.g. Impact Investing, the educational element of ART X Lagos which focused on sponsoring and exposing under-privileged school children under the Ford Foundation umbrella to attend the West African art fair. Innocent spoke in terms of possibly unearthing a future Ben Enwonwu or Van Gogh by catching them young.

A friend is gone but his impact has not gone with him. It is ironic that his last argument with me was about Impact Investing. I eventually declined a formal role, but opted to be a friend of the project. Little did I know that Innocent’s greatest impact on many of us would be the ideas he left us with and prepared us to run with but without his continuing physical presence.

My regular joke with Mr Chukwuma was that he was not “innocent” because he was constantly trying to lure me out to play greater roles on matters that concerned the common good. I invited him for what would have been a last supper last week. Innocent could not make it because he was unwell. It never occurred to me that it would be our last discussion. Even that last discussion was about urging me on. It was never about himself and that is the greatest memory of all.

Rest in Peace my friend.

My condolences to Josephine, the children and the rest of the family.

The scourge of ritual killings in Nigeria, By Dakuku Peterside

Iniobong Umoren was a young woman in her early 20’s who lived in Uyo, the  Akwa  Ibom  State capital. She shared, on Twitter, her need for a job, and one Twitter user named Uduak Akpan asked her for a private chat concerning her application.  According to police reports, Mr Akpan asked Ms Umoren to meet him at a particular location in Uyo. 

When the unsuspecting lady got there, the sinister man raped her, killed her, and buried her in a shallow grave. Unfortunately for the serial rapist and murderer, the lady gave her friend the phone number of the person who invited her for an interview. This number led to the apprehension of the culprit after the lady was declared missing for days.

There were reports that Ms Umoren’s gruesome murder was not just a case of rape and murder but that it also involved ritual killing. Mr Akpan’s entire family is  said to be involved in the barbaric business of ritual killings.

Two weeks ago, a report indicated that in Kwara State, a next-door neighbour allegedly murdered a groom-to-be for ritual purposes. According to the account in Vanguard, the deceased, who was said to be a devout Christian, did not know that his neighbour with whom he used to eat together was a serial killer and ritualist who has twice served jail terms. This wolf-in-sheep-clothing neighbour allegedly killed his victim, removed some sensitive body parts, poured acid on his remains for speedy decay to prevent it from fouling the area. 

Last February in Port Harcourt, a suspected ritual killer was arrested while attempting to sacrifice a nine-year-old girl in the Ibaa community in  Emuoha  Local Government Area of Rivers State. According to a report in Punch newspapers, the girl’s parents had raised the alarm over her sudden disappearance after she went to dispose of refuse in a nearby bush. It happened that the suspect had taken the minor to an abandoned compound, tied her with white cloths, applied white clay on her body with a coffin already stationed for the ritual purpose. He was in the process of performing the ritual when he ran out of luck.

In 2019, Port Harcourt made international headlines in ritual killings with the case of Gracious David-West, Nigeria’s most celebrated ritual killer in recent times. From July to September 2019, David-West killed at least 15 women, mainly in the Rivers State capital city. After his arrest, he confessed to at least 15 murders.

Official statistics indicate that there has been an increase in the number of missing persons all over the country in recent times. Some are found, while others are not. There is speculation that majority of those who disappear perpetually without a trace are often victims of ritual killings.

Incidents of ritual killings have assumed an alarming rate in Nigeria. There seems to be little or no effort by concerned government agencies to checkmate the trend. We expect that such cruel and barbaric act would no longer exist in our society given our level of exposure, enlightenment, and civilisation. Ironically, as our communities seem to be getting more religious given the proliferation of churches and mosques in all nooks and crannies of the country, it seems these heinous acts are increasing as the quest for filthy lucre pervades our society.

It is disheartening to point out that as developed societies invest in science and technology to keep abreast with a dynamic world, ours are still stuck in the mistaken belief that sacrificing human blood is the surest route to wealth, safety, and protection. 

No doubt, ritual killings are performed to obtain human body parts for rituals, potions, and charms. Ritualists search for ‘human parts’ at the request of herbalists, who require these to make sacrifices or prepare various magical potions to give power and wealth to an individual. Some people engage in ritual killings to obtain charms that would make them invincible and protect them from business failure, illness, accidents, and spiritual attacks. Whether they succeed or not is open to debate. However, it is not easy to prove a link between such sacrifices and financial success or any type of success empirically. 

Amongst a large group of Nigerians, including the well-educated and people from different faiths and social backgrounds, there is a strong belief in the supernatural and the effectiveness of rituals. This belief has a direct correlation to the prevalence of ritual killings. It is a well-known fact that some elite in society indulge in ritual killings. Some people apprehended for ritual killings, and witch doctors who perform the sacrifices accused politicians, government officials and wealthy businessmen  as their  sponsors. They are said to use human beings for rituals to sustain their affluence and remain in positions of power. 

Therefore, it is not surprising that there are usually  increased cases of mysterious disappearances and ritual killings during elections. Some desperate, fetish and superstitious politicians always consult herbalists and native doctors during elections to help them overcome their opponents. These spiritualists usually demand human heads and other body parts to perform hedonistic rituals. 

Given the rate of increase of ritual killings, no one is immune from becoming a victim. But some people are at greater risk. People with mental illnesses and virgins are unique targets as the ritualists allegedly believe that their eccentrics and purity make for a more viable sacrifice. Also, people living with albinism have equally become victims of ritual killings, fuelled by the belief that their ‘body-parts’ could allegedly make one wealthy or prolong one’s life.

Sometimes, it is difficult to understand the mind of the ritual killer. How can someone take another person’s life in the quest for wealth, protection, and power? More worrisome is that sometimes it is not just an issue of a depraved mind but also a depraved group of minds. 

Sometime in 2017, Lagos State, the country’s commercial hub, was gripped by Badoo ritual killings. According to news reports, over 50 people were killed by a Badoo Boys group, who moved about with an air of invincibility until the Nigerian Police routed them. 

The Vanguard newspaper reported about the activities of the group thus: “Before the raid and subsequent arrest of over 200 suspected members of the cult group by the Police with the support of the Oodua Peoples’ Congress, OPC local vigilante and the Neighbourhood Watch Corps, Badoo Boys had been unleashing an orgy of killings, during which they crush the skulls of their victims. Their modus operandi included storming victims’ residences while they are asleep”. 

People suspected that they usually hypnotise their victims, as none of them had ever been conscious of their presence. After that, they would smash the heads of their victims with a grinding stone and use a handkerchief to clean the blood and brain before leaving the scene. 

During interrogation, one of the suspects confirmed that “they sold each handkerchief stained with blood for N500,000. He further revealed that they were mere errand boys for rich politicians within and outside Lagos State. But in their case, the blood and semen-stained handkerchief were used to prepare the spiritual defence for  some wealthy Nigerians.”

What are the root causes of ritual killings? How can society tackle this menace? What role should the government and relevant agencies play in ameliorating the negative impact of these dastardly acts? 

Poverty and economic hardship in the land are reasons for ritual killings. However, these are not justifiable reasons to commit ritual murder.  Impunity encourages ritualists to commit murders because they believe they will not be apprehended or punished.

Another reason for ritual murders is the collapse in our moral values, ignorance and superstition, and lack of an adequate punishment system. We should also consider poverty and unemployment as a significant risk factor. If Nigerians have equal opportunities to earn income legitimately, there will be a reduction in horrific crimes such as banditry, human killings for ritual, and terrorism. 

Besides, the inordinate quest and pursuit of quick wealth are said to be driving some people to resort to the use of human parts for rituals. And some usual suspects include fake clerics and herbalists who carry out the ritual practices for their clients.

Some analysts have recommended that government should investigate suspected pastors and imams and checkmate their activities because what they do under cover of being religious leaders sometimes leaves much to be desired.

To curb the increase in ritual killings, the government should thoroughly explore the intelligence-gathering approach and prosecute arrested culprits. Timely arrest and prosecution of arrested suspects would serve as a deterrent to anybody contemplating perpetrating ritual killing. Record of successful prosecution of ritualist is not in the public domain. When there are no consequences for deviant behaviour, it is incentivised.

For the public, commuters should always write down the identification markings of public conveyance vehicles they enter and make phone calls to loved ones to pass on the information. In the case of  Iniobong  Umoren  mentioned earlier, the fact that she confided in her friend about the phone number of the person that invited her for an interview was instrumental in apprehending the culprit. 

Most ritual murderers always wish to be unidentified.  They want to kill people but do not wish to be apprehended. Once information about them has been exposed to someone else, it becomes difficult for them to remain anonymous and perpetrate evil. 

Commuters should also assess public transport vehicles before boarding in order not to board vehicles occupied by hoodlums. I advise ladies to carry whistles on them to raise the alarm if there is an attempt to abduct them.

In addition to these, people should avoid staying in isolated areas where criminals can quickly attack without being noticed, and everybody should be conscious of their immediate environment. 

The spate of ritual killings has become so problematic that our political leaders should declare a national emergency on the crises. I call for stiffer jail sentences to deter potential perpetrators from engaging in ritual killings. Citizens should have trust and confidence to motivate them towards providing credible intelligence for security operators.

We should also make good use of whistleblowers. These are invisible law-abiding citizens whose primary function is to disseminate information that provides details towards the arrest of suspected ritual murderers. They should be anonymous, and the law-enforcement institution should not reveal them as their link persons.

The fight against ritual killings and other menaces in our society is for all. We should not rest until we create a culture where we always uphold the sanctity of life at all cost and the safety of everyone is guaranteed irrespective of social status, religion, or ethnic background. This task calls for authentic leadership. We must swim or sink together. Our only option is to swim to survive the social disaster we are becoming as a nation because of the collapse of morality, ethics, and law.  

Mbaka kneels down during church service, begs Bishop for forgiveness

Reverend Father Ejike Mbaka, Spiritual Director of the Adoration Ministry, Enugu, has condemned the invasion by protesting youths and women of Bishop’s Court at Igboeze street Independence Layout and Holy Ghost Cathedral Enugu last Wednesday.

Mbaka, who kneeled down while celebrating mass at adoration ground on Sunday in Enugu, begged for forgiveness from Bishop Calistus Onaga and all Catholic Church worldwide.

Recall that there was tension in Enugu on Wednesday as Mbaka’s followers poured into the streets after they declared him missing.

They marched from the Adoration ground in Emene, Enugu, to the Bishop’s Court at Igboeze Street, Independence Layout Enugu where they destroyed some parts of the building.

The protesters did not stop at that as they also headed for the Holy Ghost Cathedral where several church facilities were vandalised.

Mbaka, later appeared, addressed his followers and said he would have been kept incommunicado by the Bishop for 30 days but for their protest.

Mbaka, who warned his followers against the destruction of Catholic Church properties, said he never sent his followers to embark on such destruction.

He said: “I want to plead with my Bishop and Catholic Church Diocess over the ugly incident which occurred last week Wednesday. I will never disrespect my Bishop because I’m under him.

“Bishop and I never had any misunderstanding and we will continue to work together to win souls and preach the gospel to the people,” he said. (Daily INDEPENDENT)

KAYODE BADRU ALLEGEDLY ROASTED IN A CELE CHURCH: WHY THE LAW SHOULD TAKE ITS COURSE

By Stephen Azubuike

A heartbreaking news had it that a popular socialite, Kayode Badru, recently lost his life in an avoidable religious tragedy. Mr Badru was a member of Celestial Church of Christ (CCC). He was based in Dubai. He was said to have returned to Nigeria to celebrate with some members of the Church whom were beneficiaries of his scholarship awards. The unfortunate incident reportedly took place at CCC Imole parish, Nureni Yusuf Way, Alagbado area of Lagos. 

According to Celestialnewsonline, a brief account of the tragedy resulting in the death of Badru was that:

While kneeling down, a prophet began to spray perfume on his body and he also held one candle in his hands surrounded by seven elders. Within a few minutes, his body was on fire due to his closeness to the candle sticks and strong attraction from the perfume…

The name of the alleged presiding prophet was Prophet Felix Alebiosu. 

The above scenario is one of the numerous risks some Nigerians take in the name of practising their religious beliefs. We have witnessed situations where people dressed in the regular attire of members of CCC would move their praying activities to the bank of Lekki Beach, Lagos, at night praying for subjects as they appear to be invoking the powers that control the waves. They often do this with little or no precautions. 

Apparently, Prophet Felix Alebiosu and the seven elders never contemplated the inflammable tendencies of the perfume being applied on Badru while he was surrounded by a circle of candlelights. The seven elders didn’t live up to expectation. It is said that an elder does not sit at home and watch the she-goat suffer the pain of childbirth tied to a post. How about the deceased Badru? He was probably not ignorant of the risk. The only possible explanation is that being a religious subject could rob one of every capacity to reason. After all, one is not expected to approach spiritual matters from the realm of the physical. While this general understanding has its merits, it is also true that the point has been so ignorantly exploited and applied to bring about unexpected results.

Should the law take its course?

Celestialnewsonline reports that there was the possibility of a conspiracy leading to the death of Badru. The prime suspects (Prophet Felix Alebiosu and the seven elders) are now cooling off with the Police for allegations bordering on conspiracy to kill and murder. It will be an upheal task proving the mental element needed to secure their conviction. For instance, Section 24 of the Criminal Code states that a person is not criminally responsible for an event which occurs by accident. For an event to qualify as an accident, it must be a surprise to the ordinary man of prudence, that is, a surprise to all sober and reasonable people. The test is always objective. Audu Umoru v. State [1990] 3 NWLR (Pt. 138) 363. Was it a surprise that the body of the Late Kayode Badru caught fire after the application of perfume on his skin and he was made to draw close to the candlelights around him? Is it not common knowledge that perfumes often contain inflammable elements? 

Criminal negligence also negates the defence of accident. For an act to constitute criminal negligence, it must not be a simple lack of care or mere inadvertence but gross negligence. Killing of a person through act of gross negligence constitutes manslaughter. Samson Uzoka v. State [1990] 6 NWLR (Pt. 158) 680; Akeem Idris v. State [2006] 2 FWLR (Pt. 311) 2360.

Meanwhile, Prophet Alebiosu and the seven elders also have to struggle with the principle of criminal responsibility which holds that a person is said to intend the natural consequences of his act.

Is it necessary for the law to take its course by delving into dangerous religious affair in order to restore sanity in the society? Yes. The incident should be thoroughly investigated. Few years ago, the Court of Appeal held in the case of Ezeugo v. State [2013] 9 NWLR (Pt. 1360) 508 at 588 that it is an abomination to kill innocent people in God’s name. 

Posers

The statement found on Celestialnewsoline is even more troubling. The author, Alonge Michael, stated that:

To so many people who have violated the order of the church by using their human knowledge to carryout out order of service, this should be a big lesson to them.

Clearly, it is difficult to pinpoint the exact point being made by the author. Too many questions begging for answers. Whatever the case, the real lesson is that people should not let down their thinking faculty in exercising and demonstrating their right of worship. It would hardly be the expectation of the Late Kayode Badru that he would become a burnt offering allegedly sacrificed by Prophet Felix Alebiosu and the seven elders.

This article was originally published April 9, 2021 on https://stephenlegal.ng/kayode-badru-allegedly-roasted-in-a-cele-church-by-a-prophet-and-7-elders-why-the-law-should-take-its-course/ by Stephen Azubuike  a lawyer with expertise in Commercial Dispute Resolution and Technology Law practice. He is a Partner at Infusion Lawyers. He has successfully argued cases from the High Courts of various jurisdictions to the Appellate Courts on behalf of financial institutions, other corporate bodies and multinationals. He has worked with a number of startup tech companies. He tweets @siazubuike.

Pendulum: The Logic And Illogicality Of The Nigerian Nation

By Dele Momodu

Fellow Nigerians, let me say very proudly that I attended an institution I believe to be one of the best Universities in the world from 1978-82. It is certainly the best University in Nigeria, whatever anybody else may say. The University was then known as the University of Ife, or by its moniker Great Ife. It has since metamorphosed into the Obafemi Awolowo University, in honour of the late sage and political colossus, Chief Obafemi Awolowo, who got apotheosised on 9 May 1987, which is 34 years ago tomorrow. One of the things that made Ife great for us as pioneer JAMBITES was the fact that Philosophy was made compulsory of which the study of Logic was an integral part. Awolowo, or Papa Awo, as he was called with great reverence, is certainly one of the great philosophers of the ages. He was also a highly esteemed legal luminary.

It is fitting and a well-deserved tribute that I am penning this column today dealing with logic, philosophy and the law all of which Papa Awo was most renowned and reputed for particularly as it also concerns our beloved country, Nigeria, a country that he served most passionately and devoutly as the great patriot that he was.

Why am I writing about logic and illogicality today? I see the absence of logic in the manner our leaders are governing our dear beloved country. Please, feel free to educate me about the logic in threatening critics of government who bear no arms or weapons, not to mention weapons of mass destruction. This more so when the location of terrorists, bandits, insurgents are well known, with a few sacred cows sauntering in and out of the forests of a thousand daemons in full glare of journalists, camera crew and klieg lights, and nothing is done about them. Indeed, Government does not even as much as criticise them and the government’s usual attack dogs on social media have been unusually quiet and docile. Terrorism has become a veritable showbiz content being spewed forth by all media organisations like a James Bond film with all the special effects.

Please, tell me, where’s the logic in an omnipotent and omniscient Federal Government announcing that some unscrupulous elements are planning a coup and government will deal ruthlessly with them. This is the same government that has failed to deal in any way, shape or form with the terrorists, insurgents and bandits that are now running riot in our polity and holding the entire nation to ransom. Moreover, no one should know more about coup plotting and coup busting than Major General Muhammadu Buhari who is a veteran of the dangerous game. His aides should know that by the time it leaks out that a coup is in the offing, some of the plotters would have soaked themselves in some pots of pepper soup. That is why the latest tales by moonlight emanating from government was greeted with incredulity by most Nigerians who cleverly discerned and dismissed it as a cock and bull story circulated to engender total distraction, but which failed abysmally in achieving its objective.

I beg, I’m not done. Kindly avail me the logic in knowing the major source and cause of a calamity and yet studiously and obstinately refusing to put an end to it. Who does not know that the biggest threat of insecurity Nigeria faces comes primarily from the Fulani wanderers from abroad who have been given unfettered access to the porous borders in most parts of Northern Nigeria and have been made to feel they have a godfather or an avuncular benefactor and protector inside the Aso Rock Presidential villa? That is the simple and incontrovertible fact. The itinerant herdsmen who have traversed our countryside in search of grazing for their cattle are different from these terrorists that assail, rape, pillage, maim and murder our citizens. Those herdsmen have always travelled in no more than multitudes of 4 or 5. They are not organised like the insurgents and bandits that we now talk about in hushed tones. They certainly have not carried or had access to the sophisticated weapons that we are now terrorised with by these terrorists. If and when President Buhari is willing and ready to end the campaign and reign of terror that these irascible characters have subjected us to, he knows what to do. DISOWN and DISCARD them like the pesky irritants they have become. We all know the problems afflicting Nigeria and we all know the solutions, but our leaders have been too spectacularly selfish to act. It is all the more annoying and unacceptable because we have a retired army General not just in government but supposedly firmly in power.

Nigeria’s problems are huge but not insurmountable. All it takes is for the President to cure himself of nepotism, parochialism and tribalism which are the cast holding together the foundation of all our challenges. The summary of Nigeria’s problems are as follows, not in any particular order:

1. Archaic mindset: A country that parades some of the most educated, brilliant, intelligent, smart, energetic, resilient people on earth should have no space for the mediocre, and worse, who are the opposite of these attributes at the very top. In exceptional cases such that threw up a Buhari, the President would have done extremely well by allowing Professor Yemi Osinbajo to help cover his monumental deficiencies. All the glory would still have come to him as the man at the helm of affairs.

2. Religious bigotry: Religion should ordinarily and naturally be a matter of personal relationship between man and God but not in Nigeria. Any government that can sanely and safely return Nigeria to the secular state that the Constitution, which governs the country, says it shall be would have done us a world of good.

3. Ethnic jingoism: President Buhari’s biggest weakness is readily noticeable in his absolute lack of respect for Federal Character which is enshrined in the Constitution and which a fledgling, nascent democracy like ours requires for the time being. I must confess that I believe in merit over Federal Character, but if merit is sacrificed at all, then the concept of Federal Character demands that those who lack the necessary attributes should not be imposed wholesale on those who are truly deserving. In essence Federal Character must be a two-way street and not a one way close that leads nowhere but a cul-de-sac. If by some miracle, President Buhari wakes up and ejects himself from the gilded cage and cocoon of ethnic bigotry, the world will definitely give him a standing ovation and the current temperature of 100+ degrees will subside and tension and hypertension in the land will calm down.

4. Rigid, uninformed, visionless, selfish, incompetent and dictatorial leadership: My illiterate but naturally intelligent mother used to tell me repeatedly that “a man who asks for the directions to his destination will never go missing!” I concur. If Buhari had acted on merit by promoting excellence, he would have avoided the present roadblocks and he would have joined the pantheons of world statesmen but rather, he’s been too aloof, incredibly taciturn, abominably rigid and unbelievably reticent. These are character flaws that he must find ways to exorcise if he seriously expects history to be kind to him.

5. Docile, acquiescent and slavish citizenry: While we can conveniently apportion the largest chunk of the blame to our leaders, the citizens must also be held responsible for ever being so docile, and culpable in all the vices attributed to the leadership. No government can continue to misbehave without the active participation and collaboration of the citizenry. This is sadly the case in a democracy where the citizens have the power to jettison the political class holding them at bay.

6. Lack of true Federalism: I firmly believe this is at the heart, liver and kidney of our intractable backwardness. An ill-conceived and poorly executed Constitution that is so patently steeped in deceit and favouritism can never bring peace and unity to any country. To those who may not understand and appreciate the clarion call for Restructuring, this is actually the crux of the matter. I do also believe that it is the lack of veritable structures and strong institutions that has led us to where we are. When the entire country stops relying on government, but on enterprise in all forms, then we will make the progress that we clamour for, and our unity will be assured. I shall endeavour to spend some time and space on this very important part of my epistle today. I have made effort to consult one of Nigeria’s greatest Constitutional lawyers, Chief Mike Ozekhome (SAN) on this matter by sending him a questionnaire that was also forwarded to me just yesterday by a London-based British-Nigerian IT Guru, Ms Oriyomi Balogun, and I’m grateful for both of their contributions and the prompt response and action of the learned Senior Advocate of Nigeria and highly respected constitutional lawyer. Ms Balogun forwarded the following posers:

“ The 1999 Constitution:
1. Promulgated by military decree 24 of 1999.
2. Not signed into law by NASS or President.
3. Not subjected to referendum.
4. Was written by a select few Nigerians.
5. Does not provide for State constitutions to create true federation.
6. Kept a secret till after all inaugurations, State and National in 1999.
7. Not printed by government printer in 1999.
8. Takes care of one religion in sections 275 – 279 & neglects all others.
9. Over centralised governance.
10. Centralised the whole judiciary.
11. Gave NASS power over concurrent items.
12. Created a unitary government, not federal government.
13. Falsely claims Nigerians willingly handed over their land & resources to the FG, thus pauperising States & Nigerians.

14. Sections 275 – 279 negate section 10 regarding non-state religion.
15. Calls State governor’s chief security officers but does not give them security outfits or power over Nigeria Police.
16. A civilian government can never meet section 8 requirements for the creation of new States & local government.
17. Says married girls less than 18 years old are adults who can sue, be sued, vote & be voted for, for no clear reason.

18. The military Land Use Decree (later, Act) and NYSC decree (later, Act) were embedded in the Constitution, so not easy to amend, for no stated reason.
19. Provided for only one police force unlike other federations.
20. Section 6 frees government from liability regarding citizen rights provided in Chapter 2, thus, these rights are not justiciable.”

The response I got from Ozekhome are as follows:
1. Nos 1-7 correct.
2. No 8 is correct only to some extent. Although section 10 of the 1999 Constitution provides for secularity, sections 275-279 provide for Sharia Court of Appeal of a State. But this is counter-balanced by the equal provision for the Customary Court of Appeal of a State in sections 280-284. There’s however no provision stricto sensu for English or Christian or Canon Law which governs Christians. To that extent, it can be argued that this discriminates against Christians. (However, in further exposition and clarification of Ozekhome’s views, I believe that Canon Law has never been a direct source of law in Nigeria, but Sharia/Islamic law has been. Furthermore, these provisions relate essentially to personal law and are not binding on non-Moslems).

3. Nos 9-13 correct.
4. No 14 follows no 8 mutatis mutandis.
5. No 15 is correct. Section 214(4) of the Constitution.
6. Nos 16-20 correct.

Further, on no 20, section 6(6)(c) of the Constitution specifically ousts the jurisdiction of Courts from inquiring into whether chapter 2, sections 13-24 of the Constitution, which deals with the Fundamental Objectives and Directive Principles of State Policy embedded in the said chapter 2, have been complied with by government. This ousts the jurisdiction of Courts from interrogating those critical provisions dealing with obligations of the government to the governed, and the political, economic, social, educational, foreign policy, environmental, cultural responsibilities of the government to the governed. So, they are mere platitudes meant to be obeyed. However, they are more honoured in the breach than in the observance by governments throughout the country.

No 17 is not quite correct. Indeed, section 42(1) prohibits discrimination on the basis of sex, religion, ethnic group, place of origin or political opinion.
No 18 is correct. Indeed, it is not only the Land Use Act that is affected by this restriction, the NYSC, National Security Agencies, and the Public Complaints Commission are also affected.
No 19 is correct – section 214(1) of the Constitution…”

7. Bloated political system: President Buhari was expected to cut down the size of political jobbers and drastically reduce and discourage the profligacy associated with political office in Nigeria but alas, the APC apparatchiks have refused to share in Buhari’s frugality, if any such thing ever existed.

8. Corruption: Security and Corruption were supposed to supply Buhari’s highest marks but unfortunately this has not happened… We are now a totally unsafe and indescribably corrupt country.

When a towering giant is brought to its knees by a pebble, as we are now experiencing with the twin evils of insecurity and graft, the giant falls mightily accompanied by the loud thud of an elephant felled by a high velocity rifle. That is almost the point that we have now reached. It is only God that can save us now. Will God???

The Bank Employees, etc. (Declaration of Assets) Act, 1986

Click to download: The Bank Employees, etc. (Declaration of Assets) Act, 1986

As far back as 1986, Nigeria made a federal law to mandating all owners, employees, full time workers and part-time workers in the financial sector, the Nigeria Customs Service and the Central Bank of Nigeria to declare their assets to government, upon employment, during employment and even two (2) years after employment.

The Bank Employees, etc. (Declaration of Assets) Act, (BEDA Act) came into force on 26 day of September 1986. This date falls into the military administration of General Ibrahim Babangida (Military Ruler of Nigeria between 1985 and 1993). The essence of the law as can be inferred from the long list of the law and its general provisions is for the declaration of assets by employees of banks operating in Nigeria, the Central Bank of Nigeria, the Nigeria Customs Service and any other category persons that the President orders that the law extends to. Among other things, it criminalizes failure to unjust enrichment, false declaration of assets, refusal to declare assets and allows the investigation of assets of family members, friends and associates of persons required to declare their assets.

Click to download: The Bank Employees, etc. (Declaration of Assets) Act, 1986

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