Home Blog Page 972

How to Get Bail After 24 Hours of Arrest in Nigeria.

3

How to Get Bail After 24 Hours of Arrest in Nigeria. Daily Law Tips (Tip 648) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

In Nigeria, every person (including suspects and defendants/accused persons) is assumed to be innocent until a court declares a person guilty. This is a constitutional right that should not be violated by any person (including law enforcement agencies, institutions, leaders and government).  However, the reverse is the case, with overzealous law enforcement agencies, going in the circles of; abuse, arrest, abuse, detain and abuse again before taking the suspect to court (if the suspect is fortunate to be arraigned). In Nigeria, “Bail” is mostly seen in law books and movies, since many suspects are detained without bail for weeks in all parts of Nigeria and lawyers get beaten up for seeking bail for clients. This work reveals the quickest means of obtaining bail after 24 hours of arrest in any part of Nigeria. 

There is a big gap between criminal law and human rights as contained in our law books and as applied in reality. There are three groups of law enforcement agents in Nigeria; the first group understands the law and applies it thoroughly, the second group understands the law but will not apply it due to corruption, nepotism and fear while the third group does not understand the law and does not care. Unfortunately, the last group seems to be dominating followed by the second group, as such human rights suppressed. Among the concerned human rights are; right to life, right to dignity of human person, right to personal liberty, right to fair hearing and right to freedom of movement. 

The essence of bail is to enable a suspect to go home and about his affairs while ensuring the suspect will at a later date, appear in a given place (like the office of a law enforcement agency or in court for investigation or to answer to his case). Bail is not a privilege or favour done to a suspect rather a right of a suspect. Remember that a suspect is not guilty so he/she should not suffer or be treated as if he is guilty. Consequently, a suspect that is detained for an offence not punishable with death (non-capital offences) is entitled to bail within 24 hours of being arrested.  Click to read more on offences that are bailable within 24 hours in Nigeria.

The police (any law enforcement agency) time for detaining a suspect arrested for an offence that is not to be punished with death (non-capital offences) is 24 hours. Time starts counting from the moment a person is arrested, ceased or appears to answers an invitation of a law enforcement agency (whatever the language/term, so far as a person is no longer free). So, once a suspect is arrested, the law enforcement agency must ensure that its further investigation, bio-data capturing, granting of bail and seeking for advice, approval and any indoor management/protocol is completed within 24 hours. Where a suspect is detained beyond 24 hours for an offence that is not punishable with death, the suspect can be granted bail by a court having jurisdiction over the offence.  

In Nigeria, a detained person may not be allowed to approach a court to seek his own bail or to even access a lawyer of his/her choice, by overzealous law enforcement agents working on ignorance or corruption. Hence, where a suspect is not granted bail by a law enforcement agency within 24 hours over a non-capital offence, any person can go to court and institute a case against the concerned law enforcement agency (and its agents) on behalf of the suspect. The court will order the suspect to be produced (brought to) court and inquire into the circumstances of the detention. Where the court desires, the court will grant bail to the suspect. The required application for bail in court, can be written or oral, even if the court is a superior court (High Court/Federal High Court/National Industrial Court). 

It is better to engage a lawyer to assist with bail application in court. Bail is a right and not a favour. Bail is free because it is a constitutional and fundamental human right, provided freely by the Constitution of Nigeria. Report any law enforcement agent, court staff, magistrate, judge or legal practitioner that request for money/gift in order to grant bail. However, a legal practitioner is entitled to charge for his legal services but no to charge any fee to be paid as bribe or gift for bail. Click to read earlier works on Arrest, Bail and the Rights of a Suspect in Nigeria.

My authorities are:

  1. Sections 32, 161, 162, 163, 164, 494 and 495 of the Administration of Criminal Justice Act 2015 and its equivalent in states across Nigeria. 
  2. Sections 34, 35, 36, 230, 237, 249, 255, 260, 265, 318 and 319 of the Constitution of the Federal Republic of Nigeria 1999. 
  3. Judgment of the Supreme Court of Nigeria (on the nature and effect of Bail) in the case of SULEMAN & ANOR v. COP PLATEAU STATE (2008) LPELR-3126(SC)
  4. Judgement of the Supreme Court of Nigeria (on bail) in the case of UGWU v. STATE (2020) LPELR-49375(SC)
  5. Judgement of the Court of Appeal (that every person is presumed innocent) in the case of ALAYA v. STATE  (2007) LPELR-8841(CA) citing Eyu v. The State (1988) 2 NWLR (Pt.78) 602 at 610, Abiola v. FR.N. (1995) 7 NWLR (Pt.405) 1 at 155
  6. Judgment of the Court of Appeal (on whether bail can be granted in non-capital offences) in the case of OGEDE v. FRN (2018) LPELR-46816(CA)
  7. Judgment of the Court of Appeal (on whether bail can be granted in capital offences) in the case of OGEDE v. FRN (2018) LPELR-46816(CA)
  8. Judgment of the Court of Appeal (that oral bail application can be made in any court, including courts of record) in the case of Chief Alhaji Moshood Kashimawo Abiola V. Federal Republic of Nigeria (1995) NWRL PART 370 P.155.
  9. James Ezeh, “Nigerian Lawyer Hospitalised after Police Assault, NBA Demands Justice” (Premuim Times, 13 October 2019) <https://www.premiumtimesng.com/news/headlines/357339-nigerian-lawyer-hospitalised-after-police-assault-nba-demands-justice.html> 1 September 2020.

#SabiLaw

#DailyLawTips

#SabiBusinessLaw

#SabiElectionLaws

#SabiHumanRights

#SabiLawOnBeatFm

#SabiLawLectureSeries

#CriminalJusticeMonday

#SabiLawVideoChallenge

Speak with the writer, ask questions or make inquiries on this topic or any other via [email protected] or [email protected] or +2348037665878. To receive our free Daily Law Tips, follow our Facebook Page:@LearnNigerianLaws, Instagram:

@LearnNigerianLaws and Twitter: @LearnNigeriaLaw

Please share this publication for free till it gets to those that need it most. Save a Nigerian today! NOTE: Sharing, modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted.

This publication is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

Powered by www.LearnNigerianLaws.com {A Free Law Awareness Program of Sabi Law Foundation, supported by the law firm of Bezaleel Chambers International (BCI).}

A Nigerian With Dual Citizenship Can Contest For Any Election In Nigeria.

830

A Nigerian With Dual Citizenship Can Contest For Any Election In Nigeria. Daily Law Tips (Tip 650) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

It is common to find Nigerians with dual and multiple citizenship (dual nationality). There are deep misconceptions about the eligibility of such persons to contest for elections or be appointed to political offices in Nigeria. At some point, some persons have been unlawfully and ignorantly led/forced and cajoled to deny their dual citizenship. So the salient questions are; Are persons with dual citizenship prohibited from contesting for any election in Nigeria? Can the President of Nigeria have dual citizenship? These and more questions will be examined and answered in this work, using case laws and the Constitution of Nigeria.

The greatest of all laws in Nigeria, is the Constitution of the Federal Republic of Nigeria. It is greater than all other national, regional or international laws, conventions and treaties. The constitution has a chapter containing 8 sections dedicated to issues of citizenship. 

Specifically, section 28 of the constitution of Nigeria is on issues of dual citizenship. Also, many other sections in the constitution, make reference to citizenship and made citizenship a condition to certain rights and privileges. For example, some fundamental human rights are only open and accessible to Nigeria citizens (like, the Right to Private and Family Life, the Right to Freedom of Movement, the Right to Freedom From Discrimination and the Right to Acquire and Own Immovable Property. Also, elections to any office in Nigeria, is only open to Nigerian citizens.

To understand the impact of dual citizenship on eligibility of Nigerians to contest for elections, one must critically examine the constitution of Nigeria. In the interpretation of the constitution, the first and easiest approach is to read the constitution in whole and in its plain language. It is dangerous to read any section or part of the constitution in isolation. The resultant danger will be shown below. 

Among the sections of the constitution of Nigeria, that make reference to section 28 of the Constitution (ie, relating to Dual Citizenship) are sections relating to disqualification/requirements for persons to be elected into offices in federal and state levels. The specific sections, are:

  1. Section 66 of the constitution which is on disqualification/requirement for election into National Assembly (the House of Representatives and the Senate)
  2. Section 107 of the constitution which is on disqualification/requirement for election into the House of Assembly in any state in Nigeria.
  3. Section 137 of the constitution which is on disqualification/requirement for election of the President of Nigeria and section 142 for Vice-President of Nigeria 
  4. Section 182 of the constitution which is on disqualification/requirement for election of the Governors and section 187 for Deputy-Governors in states in Nigeria.

All the above sections make citizenship a requirement for any person to be elected into legislative or executive office in Nigeria. The sections of the constitution cited above refer readers back to section 28 of the constitution. So the strength of those sections is founded on section 28. At this point there is need to examine section 28 of the constitution. 

Section 28 of the constitution of Nigeria, clearly provides that a person that is a Nigerian citizenship by birth can have dual citizenship and be a citizen of another country. However, a person that is a Nigerian citizen by naturalization or registration and also a citizen of another country not by birth, automatically losses his Nigerian citizenship. The key determinant here is citizenship by birth. A person that is a citizen of Nigeria by birth can afford to have another citizenship from another country (even countries) and that does not affect his/her citizenship or his/her right to vote or be voted for in any election in Nigeria. 

Even the appellate courts in Nigeria, have emphasized on this in the following words;

  1. … it is clear and I hereby hold that the acquisition of dual citizenship by a Nigerian per say is not a ground for disqualification for election to the National Assembly particularly where the Nigerian citizen is a citizen by birth. That is the clear meaning of the provisions in sections 66(1) and 28 of the 1999 constitution when taken together. The only Nigerian citizen disqualified by the said sections is one who is a citizen of Nigeria by either registration or naturalization who subsequently acquires the citizenship of another country in addition to his Nigerian citizenship…”  Onnoghen JCA (later, Chief Justice pf Nigeria) JSC) in the Case of WILLIE OGEBIDE V. MR. ARIGBE OSULA (2004) 12 NWLR Part 886 page 138 paras C-E.
  2. “… when a Nigerian by Naturalisation or Registration acquires the citizenship of another country he loses his right as a naturalized Nigeria. Such a person would not be able to contest any election into any elative office in Nigeria. However, a Nigerian by birth who thereafter acquires the citizenship of another country i.e. America as in the instant case does not lose his right to vie for any elective office in Nigeria being a citizen by birth and not by naturalization or registration.” Per, MUDASHIRU NASIRU ONIYANGI ,J.C.A ( Pp. 18-23, paras. F-A ) in the case of LABOUR PARTY & ORS v. ISHOLA & ORS (2014) LPELR-24386(CA)

Hence, dual citizenship cannot prevent any Nigerian citizen by birth from voting or being voted into any elective position or being appointed into any position or office in Nigeria. However, dual citizenship will prevent any person that became a Nigerian citizen by registration or naturalization from being elected into any elective position in Nigeria. Citizenship by birth is ultimate and superior to any other form of citizenship and there is not limitation to it. Click to read earlier works on citizenship in Nigeria.

My authorities are:

  1. Sections 1, 25, 26, 27, 28,  37, 41, 42, 43, 66(1), 107 (1), 137 (1), 142(2), 182 (1), 187(2), 318 and 319 of the Constitution of Nigeria, 1999.
  2. The judgment of the Court of Appeal in the case of Dr. Willie Ogebide v. Mr. Arigbe Osula (2004) 12 NWLR Part 886 page 138 paras C-E.
  3. The judgment of the Court of Appeal in the case of LABOUR PARTY & ORS v. ISHOLA & ORS (2014) LPELR-24386(CA)

#SabiLaw

#DailyLawTips

#SabiBusinessLaw

#SabiElectionLaws

#SabiHumanRights

#SabiLawOnBeatFm

#SabiLawLectureSeries

#CriminalJusticeMonday

#SabiLawVideoChallenge

Speak with the writer, ask questions or make inquiries on this topic or any other via [email protected] or [email protected] or +2348037665878. To receive our free Daily Law Tips, follow our Facebook Page:@LearnNigerianLaws, Instagram:

@LearnNigerianLaws and Twitter: @LearnNigeriaLaw

Please share this publication for free till it gets to those that need it most. Save a Nigerian today! NOTE: Sharing, modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted.

This publication is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

Powered by www.LearnNigerianLaws.com {A Free Law Awareness Program of Sabi Law Foundation, supported by the law firm of Bezaleel Chambers International (BCI).}

Igboman and his God

0
  • Insights Into His Stubbornness, Resilience & Attitude Towards Overbearing Human Authorities…
    By Anayo M. Nwosu

A natural Igbo man is a born rebel even to his own God. The stubbornness of the Igbos to their various deities and to even the Christian God is very legendary if not more defiant than any race I can think of.

Igbos continuous worship of a deity or a supernatural force is based on the deity’s performance and not entirely out of fear.

Therefore, it’s a common saying in Igbo that “Arụsị nyebe nsogbo egosi ya osisi ejiri pịa ya” meaning that “if a deity becomes unreasonable, it will be shown the wood from which its symbol was carved”.

It is a common practice in Igboland to “dis-God” a deity by a general consensus or acclamation in a properly constituted meeting of all the village heads or kindred.

Once a sentence of “no more worship” or “sack” is passed on a deity in a general meeting of the worshippers, the shrine of the dis-goded deity is destroyed and the deity is expected to take a flight and leave the community.

The same goes for the evil forest owned by powerful deities.

Nnewi people capture this by a saying that “ọ bụ mmadụ sịrị Edo nwelu Nkwọ” meaning ” that Edo deity owns Nkwọ market land and the adjoining thick forest was because it was so decided and dedicated by human beings” and that the same citizens could as well repossess their property from the deity if they so wish.

Edo is the supreme deity of Nnewi people.

The power of Igbos in abridging the influence of their gods was proven in the 1980s at Nnewi when the town agreed to clear the dreaded Edo thick forest to build the Agbọ Edo International Market.

The initial attempts by the state government’s contractors to clear the forest were resisted and frustrated by the deity as powerful snakes, bees and mysterious birds openly chased the workers away even with their earthmoving equipment. They were too hasty.

It wasn’t until all the Ndị Isiobi (or village heads) led by the traditional ruler of the town, Igwe KON Orizu, assembled at the precinct of forest and announced to the deity, the decision of Nnewi people to repossess their land, that the clearing of the forest became possible.

The Igwe symbolically felled a shrub and the other village heads of Ụshuagụ, Ụmụdim and Nnewichi followed suit, one after the other. By this singular act, the supreme deity had been subdued. She had to comply. After all, she was not being sacked.

The contractor who was asked to commence clearing after this common ritual was surprised that none of those dangerous animals or spiritual soldiers opposed or harmed their workers until the entire evil forest was cleared and a modern market erected.

There is a long list of many deities in Igbo land sacked for either demanding more expensive sacrifices or acting against the interests of the general populace or their worshippers.

It is noteworthy that no one person, not even the chief priest of a deity can summarily sack or de-god a community deity. There must be a consensus otherwise a unilateral action without general support is severely punished by the deity itself.

Many ignorant converts of new religions have gone mad or their children seriously afflicted with misfortunes because they single-handedly destroyed shrines of their community gods or appropriated property belonging to a deity without first securing the permission of the entire family or community members.

No amụful Igbo man or one that suckled his mother’s breasts will kill or would fight a war or shed blood to secure converts for any God. The Igbos wonder how a deity, God, or Allah would expect mere humans to help it punish its enemies. Such abdication of duty by a supreme being is incomprehensible to an Igbo man or woman.

In Igbo land, a deity that worths its reverence or worship demonstrates its ability to fight its own battle.

An Nnewi man would ask “ewulu isi m chụọ àjà ka ana dị mma, agam esozikwo lite ya ulu” meaning that “if my head is used for appeasement sacrifice, does it make sense as I won’t be alive to benefit?”

The tested power to strike dead (as Amadiọha deity has) or the power to cause a bloating stomach of offenders (as Udo deity does) are the marketing tools employed by the deities to awe their worshippers.

It is by afflicting miserable diseases and misfortunes on enemies and showing instant justice to innocent supplicants that the obeisance, trust, and greater worship are obtained from Igbo followers of a spiritual being.

Igbos believe that the job of a drummer should be separated from that of a dancer. Hence, Igbos would never obey an instruction from any deity that asks them to beat the drums and at the same time expect them to do the dancing. A god should fight its own fight.

For an Igbo, it smacks of a high fraud for a spiritual being to recruit them to kill and coerce unbelievers to worship it when simple miracles or signs and wonders which should be hallmarks of such a deity, Allah or God, can do the job.

If an Igbo man must kill a fellow human being, it has to be for an earthly gain or an instant reward, not a reward that would be received hereafter.

This is the belief of the Igbos; the very same reason why they fear no human authority just like they can and fearlessly disinherit, banish and even sack their own gods.

You can now see how dangerous a road it is for some other Nigerians who work and interact with Igbos and who attempt to play God in their careers and lives. It is a matter of time before that Igbo will de-god you.

[email protected]
Ikenga Ezenwegbu Nnewi

COVID-19: NOTAP Shelves 2020 African Intellectual Property Day

0

By Mohammed Mohammed

The Director-General, National Office for Technology Acquisition and Promotion (NOTAP), Dr. Ibrahim DanAzumi,

has said expressed regret that the Office has to inevitably shelve the commemoration of the African Intellectual Property Day (AIPD) because of the ravaging COVID-19 pandemic.

Usually, 13th September of every year is commemorated in all African States as African Day for Technology and Intellectual Property (IP) Right, the Office affirmed in a statement made available to SHARPEDGENEWS on Sunday night.

This commemoration, the agency said is usually in compliance with the resolution made by the then Organization of African Unity (OAU) now African Union (AU) Council of Ministers and Assembly of Heads of State and Governments at Addis Ababa-Ethiopia in July, 1999 to celebrate the day across the continent.

According to the DG, the event is usually held to arouse the latent creativity and inventive spirit of young inventors and innovators being one of the ways through which rapid development of a nation can be assured.

He added that it was also to further sensitize and facilitate the domestication of Technology and development of the Intellectual Property Right (IPRs) system in Africa and reawaken the creative ability of the people in the continent to eradicate poverty and drive sustainable development.

He further stated that no nation of the earth can grow without adequate development and deployment of science, technology and innovation.

‘NOTAP as an agency saddled with the responsibility of promoting the inventive and innovative spirit of Nigerian has over the years, on behalf of the Federal Ministry of Science and Technology commemorated this day to demonstrate to our children and youth the importance of IPR to nation-building.”

He reiterated that technology and intellectual property systems have long been recognized to be among the foremost important factors in nation-building and wealth creation. “Ideas and knowledge are increasingly becoming veritable instruments in international trade relations as codified in the Trade-Related Aspects of Intellectual Property (TRIPS) under the World Trade Organization (WTO) agreement to which Nigeria is a signatory since January 1, 1995”.

He further said that NOTAP had in the past celebrated the day through technology exhibitions by secondary and Vocational schools within and around FCT, Nigerian young inventors and innovators as well as the Association of Nigerian Inventors (ANI).

He said that young Nigerians have demonstrated high intellect and commitment to the development of the Nigerian innovation sector through their products.

He said because secondary schools children are the major exhibitors at the event and in accordance with the global and Presidential Committee on COVID-19 protocols, the Office decided to shelve it and prepare adequately for 2021 Commemoration.

He stressed that in today’s knowledge-based economy and global business environment, absorption of new technology has become a veritable component for companies to survive through maintaining their competitive positions in the market place and for a nation-state, technology is used as a tool to enhance national competitiveness. “Nations are no longer valued in terms of their population, geographical landmass or mineral resources but on the organic mass of knowledge in its citizenry.”

According to him, “Unless Nigeria develops the technical manpower to attract and domesticate foreign technology for our daily operations, it may be difficult for it to meet up with the challenges of unemployment, poverty, wealth creation and youth restiveness.

He said NOTAP is working seriously in collaboration with other stakeholders to ensure rapid technological development of the nation, hence the need to continuously sensitize Nigerians and indeed other African Countries on the need to develop indigenous technology.

BREAKING: Driver, passengers escape death as bus rams into train in Lagos

0

An unidentified driver and his passengers narrowly escaped death  on Monday as the bus taking them to their destinations rammed into a moving train around the PWD area of Oshodi, Lagos State.

The Director-General, Lagos State Emergency Management Agency, Olufemi Oke-Osanyintolu, said the vehicle suddenly veered onto the tracks and collided with the train.

He noted that some of the victims, who sustained injuries resulting from the impact of the collision, had been provided with immediate medical care.

Oke-Osanyinntolu said that the wreckage of the bus had been safely removed and normalcy restored.

“The agency received distress calls on the above. Upon arrival at the scene, it was discovered that a passenger motor GGE 972 GE had veered onto the train tracks while crossing the rail at PWD inward Oshodi and subsequently collided with a scheduled commuter train”, he said.

UNKNOWN GUNMEN ATTACK SOME FRSC STAFF ENROUTE UDI AT MARARABAN UDEGE IN NASARAWA.

0

Some personnel of the Federal Road Safety Corps traveling from Sokoto and Kebbi States Command of the Corps for a training programme at FRSC Academy, Udi were reportedly attacked by Bandits/Kidnappers at Udege junction, along Mararaban-Udege between Adoka, Nasarawa state today Monday 14th September, 2020 at about 8am . The Officers totalling 26 in number were travelling in two buses.

According to the FRSC Corps Public Education Officer, Assistant Corps Marshal Bisi Kazeem, one of the Officers in the vehicle conveying the staff of the Corps reportedly died during the attack while another officer died in the hospital and four others were injured, 8 escaped unhurt, ten unaccounted for as they were allegedly kidnapped by the assailants.

The Corps Public Education Officer noted that the Corps Marshal, Dr. Boboye Oyeyemi, has immediately reported the incident to relevant authorities for prompt rescue of the kidnapped staff while investigations to ensure that the assailants are brought to book is ongoing.

Kazeem noted that the Corps Marshal has called on all staff of the Corps not to be deterred by this unfortunate incident. He assured that the Corps will work closely with relevant security to ensure that the criminal elements are brought to book and justice is served while the missing personnel are found

Partners and staff of one of Zimbabwe’s leading law firms, Mtetwa and Nyambirai perform the Jerusalema dance challenge.

0

Here’s the Jerusalema Challenge as performed by the partners & staff of one of Zimbabwe’s leading law firms, Mtetwa & Nyambirai. In case u ask, the white guy in the clip is partner, Doug Coltart. Enjoy the week…

Falana drags FG, Kano to African Commission Over death sentence on Kano singer

0

Human rights lawyer and Senior Advocate of Nigeria Femi Falana has petitioned the African Commission on Human and Peoples’ Rights in Banjul, The Gambia over the death sentence on Kano singer Sharif Yahya Sharif.

Falana is asking the Commission to exercise its mandates and authority under the African Charter on Human and Peoples’ Rights and pursuant to the commission’s order 100(1) of the commission’s Rules of Procedure, 2020.

Falana in the petition dated 8 September 2020, states: “I am writing to you on behalf of Sharif Yahya Sharif to ask the Commission to consider this request for provisional measures. The request is submitted in conjunction with our communication on behalf of Sharif Yahya Sharif convicted and sentenced to death for blasphemy in Kano State of Nigeria.”

The petition reads in part: “Our communication details multiple violations of his right to life and fair trial rights guaranteed under the African Charter on Human and Peoples’ Rights, and resolutions on moratorium on executions adopted by both the African Commission on Human and Peoples’ Rights and the Third Committee of the UN General Assembly.”

“We respectfully submit that the Commission should urgently invoke its rules of procedure and its mandates and authority under the African Charter on Human and Peoples’ Rights to request that Nigeria adopt these provisional measures in order to stop the irreparable damage that would be caused to the petitioner and his Charter rights.”

“The petitioner is a Nigerian citizen, who has been found guilty of the offence of blasphemy against Prophet Mohammed (PBUH) contrary to section 382 (B) of the Kano State Shari’a Penal Code Law 2000 (which carries death sentence), and convicted.”

“Despite their obligations under the African Charter on Human and Peoples’ Rights and other international treaties to which Nigeria is a state party, the Nigerian authorities continue to violate the fair trial and other rights of the petitioner, and put him at risk of imminent execution.”

“In particular, there are serious, persistent and irreparable violations of the petitioner’s rights to life; and to fair trials, including to competent and effective legal representation.”

“According to our information, on August 10, the Upper Sharia Court sitting in Kano, Kano State convicted Sharif Yahaya Sharif of blasphemy and sentenced him to death by hanging. The request for a certified true copy of the judgment of the Court was also not granted on time.”

“When the petitioner informed the Court that he could not afford and secure the services of a Lawyer to defend him, the Court ordered the Legal Aid Council to assign him a Lawyer so that the petitioner could enjoy access to legal representation. However, the order was disobeyed by the Legal Aid Council. The Legal Aid Council is the body established by law to provide legal support to indigent citizens especially in cases involving death penalty.”

“An appeal at the Kano State High Court against the conviction and death sentence imposed on the petitioner has been filed, but we submit that the petitioner will not enjoy a fair hearing, as he continues to face imminent execution by hanging. The petitioner is currently held incommunicado and without access to the outside world, including his lawyers.”

“The petitioner is at risk of imminent execution. Nigeria is a state party to the African Charter on Human and Peoples’ Rights but there is growing crackdown on human rights including the rights to freedom of expression, peaceful assembly, and attack on the rule of law and independence of the judiciary in Nigeria. As a result, human rights continue to be violated with impunity.”

“The right to a fair trial including to legal representation is a fundamental safeguard to assure that individuals are not unjustly punished. It is indispensable for the protection of other human rights such as the right to freedom from torture and the right to life. However, when people are subjected to unfair trials, justice cannot be served.”

“The petitioner contends that he has been deprived of his liberty and other fair trial rights and his right to life may be irreparably violated. Like the African Charter, Article 6 of the International Covenant on Civil and Political Rights (CCPR), which Nigeria has also ratified, provides that no one shall be arbitrarily deprived of his life. The word “arbitrarily” here means both ‘illegally’ and ‘unjustly’.”

“Furthermore, the African Commission on Human and Peoples’ Rights at its 44th Ordinary Session in Abuja, Nigeria, in November 2008 adopted a resolution calling on African States, including Nigeria, that still retain the death penalty to observe a moratorium on the execution of death sentences with a view to abolishing the death penalty.”

“For the above reasons, the petitioner considers that the application of the death penalty in his case will be illegal and unjust. The petitioner considers supervening factors such as those highlighted above to be sufficient grounds for setting aside the death sentences imposed on him.”

“Prisoners are not denuded of their rights by mere conviction. If carried out, the death sentence on the petitioner would amount to inhuman or degrading treatment. The petitioner has been deprived of his liberty and other fair trial rights and unless the African Commission urgently intervenes, his right to life may be irreparably violated.”

“The petitioner considers that the application of the death penalty in the case of Sharif Yahya Sharif will be illegal and unjust. We consider supervening factors such as those highlighted above to be sufficient grounds for setting aside the death sentences imposed on the petitioner.”

“Given the climate of persistent human rights violations in Nigeria and the impunity of perpetrators, the urgent intervention by the African Commission is required to protect the petitioner against irreparable damage.”

Falana is therefore asking the Commission to find that Nigeria:

By virtue of its consistent denial of fair trial and other rights of Nigerians, find that Nigeria has violated Articles 1, 2, 3, 4, 5, 6, and 7 of the Charter;

By virtue of the decision to execute the petitioner, find that Nigeria has violated his right to life under Article 4 of the African Charter, and the resolutions on moratorium on executions adopted by both the African Commission on Human and Peoples’ Rights and the UN General Assembly.

Find that Nigeria has deliberately and wilfully disregarded the request by the African Commission to the effect that African countries, including Nigeria that still retain the death penalty should fully comply with their obligations under the African Charter on Human and Peoples’ Rights, and guarantee to every person accused of crimes for which capital punishment is applicable, fair trial standards, including access to legal representation.

Ask Nigeria to immediately and unconditionally release the petitioner who is facing imminent execution simply for exercising his human rights, and to pay appropriate compensation to the petitioner for the multiple violations of his Charter rights and freedoms.

Ask Nigeria to faithfully and fully implement resolutions on moratorium on executions adopted by both the African Commission on Human and Peoples’ Rights and the Third Committee of the UN General Assembly.

Provisional Measure No. 1: Immediately remove the petitioner from imminent execution or any risk of execution, and fully accord the petitioner his fair trial and other human rights, pending this Commission’s decision. Unless the African Commission urgently intervenes in this case, there is a risk of irreversible denial of the petitioner’s rights, which in turn will render nugatory the resolutions on moratorium on executions by the African Commission and the Third Committee of the UN General Assembly.

Provisional Measure No. 2: Give assurances that the petitioner facing imminent execution will not be executed.

The Nigerian authorities should also give assurances that they will fully implement the resolutions on moratorium on executions by the African Commission and the Third Committee of the UN General Assembly.

Provisional Measure No. 3: Impartially, independently and transparently investigate whether the petitioner received fair trial and other international human rights guarantees applicable to his situation. Pending the government’s fulfilling this important responsibility, the Commission’s urgent intervention is required to ensure that the petitioner’s rights to life and fair trial are not unjustly and illegally violated.

Provisional Measure No. 4: Undertake a prompt review of its legal framework and administrative practices on the use of the death penalty to ensure their consistency with the resolutions on moratorium on executions by the African Commission and the Third Committee of the UN General Assembly

Meanwhile, Chairperson of the African Commission Dr Solomon Ayele Dersoo has confirmed that the commission is now considering the petition. In his response to the petition yesterday, Dr Dersoo stated that, “Your petition and request are well received. The Secretariat will take steps for following up on this as per the Rules of Procedure of the Commission without prejudice to other steps already in motion.”

Abuja (Sundiata Post) – Human rights lawyer and Senior Advocate of Nigeria Femi Falana has petitioned the African Commission on Human and Peoples’ Rights in Banjul, The Gambia over the death sentence on Kano singer Sharif Yahya Sharif.

Falana is asking the Commission to exercise its mandates and authority under the African Charter on Human and Peoples’ Rights and pursuant to the commission’s order 100(1) of the commission’s Rules of Procedure, 2020.

Falana in the petition dated 8 September 2020, states: “I am writing to you on behalf of Sharif Yahya Sharif to ask the Commission to consider this request for provisional measures. The request is submitted in conjunction with our communication on behalf of Sharif Yahya Sharif convicted and sentenced to death for blasphemy in Kano State of Nigeria.”

The petition reads in part: “Our communication details multiple violations of his right to life and fair trial rights guaranteed under the African Charter on Human and Peoples’ Rights, and resolutions on moratorium on executions adopted by both the African Commission on Human and Peoples’ Rights and the Third Committee of the UN General Assembly.”

“We respectfully submit that the Commission should urgently invoke its rules of procedure and its mandates and authority under the African Charter on Human and Peoples’ Rights to request that Nigeria adopt these provisional measures in order to stop the irreparable damage that would be caused to the petitioner and his Charter rights.”

“The petitioner is a Nigerian citizen, who has been found guilty of the offence of blasphemy against Prophet Mohammed (PBUH) contrary to section 382 (B) of the Kano State Shari’a Penal Code Law 2000 (which carries death sentence), and convicted.”

“Despite their obligations under the African Charter on Human and Peoples’ Rights and other international treaties to which Nigeria is a state party, the Nigerian authorities continue to violate the fair trial and other rights of the petitioner, and put him at risk of imminent execution.”

“In particular, there are serious, persistent and irreparable violations of the petitioner’s rights to life; and to fair trials, including to competent and effective legal representation.”

“According to our information, on August 10, the Upper Sharia Court sitting in Kano, Kano State convicted Sharif Yahaya Sharif of blasphemy and sentenced him to death by hanging. The request for a certified true copy of the judgment of the Court was also not granted on time.”

“When the petitioner informed the Court that he could not afford and secure the services of a Lawyer to defend him, the Court ordered the Legal Aid Council to assign him a Lawyer so that the petitioner could enjoy access to legal representation. However, the order was disobeyed by the Legal Aid Council. The Legal Aid Council is the body established by law to provide legal support to indigent citizens especially in cases involving death penalty.”

“An appeal at the Kano State High Court against the conviction and death sentence imposed on the petitioner has been filed, but we submit that the petitioner will not enjoy a fair hearing, as he continues to face imminent execution by hanging. The petitioner is currently held incommunicado and without access to the outside world, including his lawyers.”

“The petitioner is at risk of imminent execution. Nigeria is a state party to the African Charter on Human and Peoples’ Rights but there is growing crackdown on human rights including the rights to freedom of expression, peaceful assembly, and attack on the rule of law and independence of the judiciary in Nigeria. As a result, human rights continue to be violated with impunity.”

“The right to a fair trial including to legal representation is a fundamental safeguard to assure that individuals are not unjustly punished. It is indispensable for the protection of other human rights such as the right to freedom from torture and the right to life. However, when people are subjected to unfair trials, justice cannot be served.”

“The petitioner contends that he has been deprived of his liberty and other fair trial rights and his right to life may be irreparably violated. Like the African Charter, Article 6 of the International Covenant on Civil and Political Rights (CCPR), which Nigeria has also ratified, provides that no one shall be arbitrarily deprived of his life. The word “arbitrarily” here means both ‘illegally’ and ‘unjustly’.”

“Furthermore, the African Commission on Human and Peoples’ Rights at its 44th Ordinary Session in Abuja, Nigeria, in November 2008 adopted a resolution calling on African States, including Nigeria, that still retain the death penalty to observe a moratorium on the execution of death sentences with a view to abolishing the death penalty.”

“For the above reasons, the petitioner considers that the application of the death penalty in his case will be illegal and unjust. The petitioner considers supervening factors such as those highlighted above to be sufficient grounds for setting aside the death sentences imposed on him.”

“Prisoners are not denuded of their rights by mere conviction. If carried out, the death sentence on the petitioner would amount to inhuman or degrading treatment. The petitioner has been deprived of his liberty and other fair trial rights and unless the African Commission urgently intervenes, his right to life may be irreparably violated.”

“The petitioner considers that the application of the death penalty in the case of Sharif Yahya Sharif will be illegal and unjust. We consider supervening factors such as those highlighted above to be sufficient grounds for setting aside the death sentences imposed on the petitioner.”

“Given the climate of persistent human rights violations in Nigeria and the impunity of perpetrators, the urgent intervention by the African Commission is required to protect the petitioner against irreparable damage.”

Falana is therefore asking the Commission to find that Nigeria:

By virtue of its consistent denial of fair trial and other rights of Nigerians, find that Nigeria has violated Articles 1, 2, 3, 4, 5, 6, and 7 of the Charter;

By virtue of the decision to execute the petitioner, find that Nigeria has violated his right to life under Article 4 of the African Charter, and the resolutions on moratorium on executions adopted by both the African Commission on Human and Peoples’ Rights and the UN General Assembly.

Find that Nigeria has deliberately and wilfully disregarded the request by the African Commission to the effect that African countries, including Nigeria that still retain the death penalty should fully comply with their obligations under the African Charter on Human and Peoples’ Rights, and guarantee to every person accused of crimes for which capital punishment is applicable, fair trial standards, including access to legal representation.

Ask Nigeria to immediately and unconditionally release the petitioner who is facing imminent execution simply for exercising his human rights, and to pay appropriate compensation to the petitioner for the multiple violations of his Charter rights and freedoms.

Ask Nigeria to faithfully and fully implement resolutions on moratorium on executions adopted by both the African Commission on Human and Peoples’ Rights and the Third Committee of the UN General Assembly.

Provisional Measure No. 1: Immediately remove the petitioner from imminent execution or any risk of execution, and fully accord the petitioner his fair trial and other human rights, pending this Commission’s decision. Unless the African Commission urgently intervenes in this case, there is a risk of irreversible denial of the petitioner’s rights, which in turn will render nugatory the resolutions on moratorium on executions by the African Commission and the Third Committee of the UN General Assembly.

Provisional Measure No. 2: Give assurances that the petitioner facing imminent execution will not be executed.

The Nigerian authorities should also give assurances that they will fully implement the resolutions on moratorium on executions by the African Commission and the Third Committee of the UN General Assembly.

Provisional Measure No. 3: Impartially, independently and transparently investigate whether the petitioner received fair trial and other international human rights guarantees applicable to his situation. Pending the government’s fulfilling this important responsibility, the Commission’s urgent intervention is required to ensure that the petitioner’s rights to life and fair trial are not unjustly and illegally violated.

Provisional Measure No. 4: Undertake a prompt review of its legal framework and administrative practices on the use of the death penalty to ensure their consistency with the resolutions on moratorium on executions by the African Commission and the Third Committee of the UN General Assembly

Meanwhile, Chairperson of the African Commission Dr Solomon Ayele Dersoo has confirmed that the commission is now considering the petition. In his response to the petition yesterday, Dr Dersoo stated that, “Your petition and request are well received. The Secretariat will take steps for following up on this as per the Rules of Procedure of the Commission without prejudice to other steps already in motion.” sundiatapost

Flood Sweeps Away Two Children, Displaces Families In Lagos

0

Residents of Alapere area of Lagos on Saturday recorded another tragedy as two yet-to-be-identified children were swept away as people battled flood after a downpour that lasted for hours and submerged many parts of the area.

The incident occurred at about 8:00pm at Oyebanjo Street, Ketu.

While the rain forced some residents to stay indoors, a few others suffered personal tragedies as the downpour and flooding led to destruction of properties.

The Lagos State Emergency Management Agency in a situation report on Sunday said a search operation was ongoing to find the missing children.

LASEMA’s Director-General and Chief Executive Officer, Dr Olufemi Oke-Osanyintolu, noted that it was discovered that the children were missing around 8:00pm on Saturday.

He said, “The agency received distress calls concerning the above. On arrival at the scene of the incident it was discovered that, around 8:00pm, two children had been caught up by floodwater.

“A joint team of responders comprising agency responders, LASG Fire Service and LASAMBUS was at the scene.

“The agency’s tiger team commenced a search and rescue operation along the path of the floodwater.

“Initial observations revealed a sloping topography with a direct channel of drain water into the canal. This has proven to be rather challenging to navigate. Rescue operation remains ongoing.”

Will MDAs beat Budget 2021 deadline as Presidency agencies meet?

0

Federal government agencies in the Presidency have held consultations for the 2021 budget, as the rush continues to meet the deadline to get budget proposals from President Muhammadu Buhari to the National Assembly this month.

The frenzy is on to get the financial proposals to the federal lawmakers, who beat their own record last year to get out the Appropriation Bill out of the Assembly for Buhari’s signature before the beginning of 2020. This effectively re-introduced the traditional January to December financial year into the polity.

The National Assembly gloated over the feat, but the unexpected entry of Covid-19 dampened spirits as all calculations were upturned, and Nigeria, like other countries of the world, resorted to ingenious measures to stay afloat.

Whether the 2020 Budget was of any tangible benefits is a matter of contention among economists, but the Permanent Secretary, State House, Mr Tijjani Umar, led the 2021 budget bilateral meeting between Government Agencies under the Presidency and officials of the Federal Ministry of Finance, Budget and National Planning.

The virtual meeting took place on Saturday, September 12, 2020, at the conference room of the State House administrative block.

It was attended by Chief Executives and key budget, finance and accounts staff of the Bureau of Public Enterprises (BPE), Bureau of Public Procurement (BPP) Nigeria Extractive Industries Transparency Initiative (NEITI), National Institute of Policy and Strategic Studies (NIPSS), Nigerian Financial Intelligence Unit (NFIU), National Agricultural Land Development Authority (NALDA) and the Economic and Financial Crimes Commission (EFCC).

According to the State House Permanent Secretary, “the preparation of the 2021 budget estimates takes into consideration the policies and strategies contained in the 2021-2023 Medium Term Expenditure Framework and Fiscal Strategy Paper (MTEF/FSP), which is the Federal Government pre-budget statement.”

Umar also explained that in line with the directive issued by the Ministry of Finance, Budget and National Planning, the annual budget is being prepared using the Zero-Based Budget (ZBB) approach and in compliance with the government’s policy thrust as articulated in the MTEF/FSP and Nigeria Economic Sustainability Plan (NESP).  

Citing a September 1, 2020 circular issued by the Minister of Finance, Budget and National Planning, Dr Zainab Ahmed, the Permanent Secretary, State House, said MDAs have been directed to work assiduously to conclude the budget bilateral meetings as scheduled in order to get the 2021 budget ready for transmission to the National Assembly (NASS) by President Muhammadu Buhari this month.

The latest  budget circular issued by the Ministry of Finance, Budget and National Planning put the expenditure ceiling of the 2021 pre-bilateral proposal for the Presidency at N10 billion compared with N15.3 billion of the revised 2020 budget passed by the National Assembly. Everyday