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TRUE LIFE STORY: The 2,000-Year-Old Body That Still Has Hair, Eyelashes, And Blood In Her Veins

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Interesting story of Xin Zhui who is also known as Lady Day was the Marquise of Dai during the Western Han dynasty in ancient China. Her tomb was found 2,000 years after her death inside a hill named Mawangdui in China with hundreds of valuable artifacts and documents alongside her body. What surprised everyone, however, was how incredibly well preserved her body was thousands of years after her death.

In 1971, workers in China’s Hunan Province unearthed one of the world’s most amazing archaeological sites. The area contained three elaborate tombs. One belonged to a well-to-do civil servant named Li Kang, who held the illustrious title of Marquis of Dai. The other two tombs contained his wife, Lady Dai, and their son.

The family lived during China’s Han Dynasty (206 BCE – 220 CE). Lady Dai passed away around 163 BCE, more than 2,000 years ago, but her near-perfectly preserved corpse, and the family’s funerary items, have helped historians piece together important information about life in ancient China.

The Dai family was discovered thanks to “ghost fire”

The remarkable archaeological find was discovered during what was expected to be an uneventful project. Labourers in the city of Changsha were digging a hole for an air-raid shelter in the side of Mawangdui Hill, a spot that meant nothing to locals.

Workers were in for a shock when they decided to take a smoke break and their matches suddenly lit up from a blast of cool air emanating from deep inside the hill. Scientists were called in to investigate what locals were calling GUI Huo (“ghost fire”). That’s when they happened upon the Dai family’s remains.

The following year, archaeologists began excavating the site. With only a tiny amount of funding from the government (about $854 by today’s exchange rate), archaeologists enlisted the help of 1,500 high school student volunteers who helped excavate one of the world’s most remarkable archaeological finds.

The ‘Diva Mummy’ is unearthed

Archaeologists soon learned that the innermost coffins contained the remains of the marquis, his wife, and son, while the outer coffins were created to hold over 1,000 valuable items for the afterlife. The objects inside Xin Zhui’s tomb were so opulent that she’s been nicknamed the “Diva Mummy.”

Some of the objects researchers discovered included 100 lavish silk garments, 182 pieces of expensive lacquerware, along with various makeup and beauty accessories. Since a woman of her stature in society would also need servants, 162 carved wooden statutes symbolizing her attendants were also placed in her tomb. Other family objects sent off with the Dai family to assure their contentment included a variety of lacquered, wooden and bamboo kitchenware, cooked food, containers filled with wine, and staples such as lotus roots, beans, fruits, and vegetables.

There’s even a lovely lacquered cup with a cloud design and an inscription that reads, “Please drink.” Other afterlife necessities packed into the tomb included beautiful clothing, musical instruments, maps and 28 books about medicine, astronomy, and spiritual life were thrown in as well.

Unfortunately, the tombs belonging to Lady Dai’s husband and son (or possibly her husband’s brother) weren’t nearly as exciting. It’s thought that the two noblemen died much earlier than Xin Zhui, whose burial seems to have been better planned.

Medical researchers study a mummy to Dai for

More than 2,000 years after her death, Lady Dai’s autopsy provided as many clues to her life and death as a modern corpse. Scientists were able to do a complete internal examination of her body. Xin Zhui’s stomach contained 138 melon seeds, telling researchers that she probably died in the summer when fruits were plentiful and that she passed just a few hours after eating. Pathologists discovered she’d suffered from a variety of parasitic infections, blood clots, back problems, and liver disease.

But what probably killed Lady Dai was her lavish, over-the-top lifestyle. Scientists believe Xin Zhui died at the approximate age of 50 due to heart disease. She also suffered from a gallstone that was blocking a bile duct and that excruciating pain may have caused her to go into cardiac arrest.

Lady Dai’s Mummification Mystery

Unlike the dried-out mummies found in ancient Egypt and other parts of the world, Lady Dai’s remains were remarkably preserved. After 2,000 years, her skin was still supple, she’d retained her hair and eyelashes, and her limbs and joints were still flexible.  Researchers even found Type A blood in her veins. Her autopsy revealed that all of her organs were intact and still moist.

To this day, scientists are mystified as to how Lady Dai’s body was so well preserved. The warmth and humidity around the Yangtze River Valley would normally not have been an optimal location for preserving bodies. But the Dai family’s tombs had been placed 12 meters inside the hill, which kept the corpses relatively cool.

Her body was also found tightly wrapped in 20 layers of silk, preventing bacteria from causing her remains to decompose, placed in four nesting coffins, sealed with a heavy lacquer. According to Ask a Mortician, the burial vault was then covered with five tons of charcoal and a moisture-blocking clay and then filled with soil. It wasn’t until her corpse was removed from the tomb that it began to decompose.

A mysterious red fluid is discovered, too

Another oddity was that Xin Zhui’s body was found immersed in a mildly acidic reddish fluid. Scientists have debated if the fluid was placed in the coffin to help preserve her body or if, instead, water molecules accumulated in her coffin over the last 2,000 years. The depth of the tomb, along with the constant temperature and humidity most likely played a role in keeping Lady Dai’s corpse fresh, researchers are still debating how her remains were so perfectly preserved, especially since blood and not embalming fluid was found inside her corpse.

Other tombs of wealthy Chinese citizens have also contained a similar mystery fluid, but none of the corpses has fared as well as Lady Dai. Perhaps China’s ancient morticians perfected their technique when she passed. And while experts can’t seem to answer how Xin Zhui’s body was preserved, it’s been reported that a secret fluid was injected into her corpse with the hope of keeping maintained it for future generations.

A look at China’s “Sleeping Beauty”

Hoping to bring history to life, China Criminal Police College Professor Zhao Chengwen was able to use computer technology to create a wax model depicting how Xin Zhui may have looked like at the age of 30. The beautiful figure is currently on display at the Hunan Provincial Museum and while lovely, some scientists are sceptical that the image is a true representation of how Lady Dai looked while alive. Thanks to her indulgent lifestyle, her body showed signs of obesity and chronic illness.

The discovery of the Dai family tomb may not have been impressive to the Chinese government back in the early 1970s, but today the discovery is seen in a new light. “Mawangdui is considered one of the most important findings in Chinese archaeological history,” Willow Weilan Hai Chang of the China Institute Gallery in New York City told the publication Archeology.

One of the most important – and beautiful findings – was a T-shaped six-foot-long banner placed on the innermost coffin. While the exact purpose for the banners is unclear, it’s almost certain that it is associated with the afterlife. Lady Dai’s banner is also remarkable since it’s the earliest known portrait seen in Chinese art and depicts naturalistic scenes combined with symbols.

https://youtube.com/watch?v=7VDIx5uhIWg%3Fautoplay%3D1%26controls%3D1

A banner depicts Lady Dai’s life after death

The banner is comprised of three sections. The upper part of the banner shows the heavens. The middle section depicts hopeful scenes of the afterlife, with Lady Dai wearing a decorated silk robe and walking staff gazing at two servants who have bowed down to present the noblewoman with a platter. Three other servants watch her from behind. To Lady Dai’s left and right, fearsome dragons can be seen swirling up to the heavens. Mourners can be seen directly below as they prepare Lady Dai’s body and tomb. The bottom shows images of the underworld.

Symbolic fish, snakes, goats, toads, and birds are depicted on the colourful silk cloth. Xin Zhui’s death banner is certainly stunning, but more importantly, it gives historians insight into the lives and beliefs of upper-class families living during the Han Dynasty. Lady Dai may have died in pain caused by her excessive lifestyle, but the tomb prepared so lovingly by those who waited upon her was designed to bring her eternal happiness and joy.

Court orders Access Bank to pay N5m to customer; declares PND order illegal

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A Lagos high court has ordered Access Bank to pay the sum of N5 million to its customers, Blaid Construction Limited and Blaid Properties, for breach of bank-customer relationship.

The court also declared that a post-no-debit alert action by the bank and continued denial of the customers’ rights to access and operate their accounts since 2015 were unlawful, illegal and void except within the periods between July and September, 2016.

In a judgement dated August 13, Justice I.O Harrison of the Lagos high court noted that the judgement was delivered outside of the 90-day period prescribed by the 1999 constitution due to the COVID-19 pandemic.

She added, however, that the court is well aware of the facts of the case and submission of the counsels.

Details of the judgement, obtained by PREMIUM TIMES, showed that the suit was instituted against the defendant, Access Bank, in May 2017.

The claimants’ statement of claim include a declaration that the post no debit alert and continued denial of the claimants’ right to access or operate their bank accounts is illegal and unlawful; an order directing the defendant to immediately remove and take down the post no debit alert placed on the account; N500 million damages for breach of bank-customer relationship; and costs of the actions.

The court said the defendant filed its defence submission in June 2016 while the claimants filed a series of documents, including cheques, solicitors’ letters, among others.

Details showed that the defendant opened its case on October 22, 2019, by calling its sole witness, Olugbenga Kutemi, the zonal head business banking division of the bank. He adopted his statement on oath dated June 11th, 2019 and tendered two documents out of the six documents mentioned.

The court said that the post-no-debit alert placed on the claimants’ accounts was removed by the bank in December 2017.

The case was closed on January 14, 2020.

The claimants (Blaid) claimed that the bank was obligated to allow unrestrained access to its accounts, alleging that the bank’s action made it suffer. Within the period, the claimants said their accounts terribly diminished in value and lost “over forty percent of its purchasing power.”

In its judgement, the court said the bank “unilaterally restrained” about seven accounts belonging to the claimants and placed post-no-debit alert on the accounts in September 2015 even though a letter by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) letter only referred to two accounts.

The court noted also that the ICPC did not obtain any order from a competent court authorizing the PND order, contrary to a prevailing law. Similarly, while the Economic and Financial Crimes Commission obtained a valid order from a court, the order was to lapse three months.

“Thus, from 30/9/2016 till the PND was lifted,” the court said, the claimants accounts were frozen without any court order.

The court noted further that when ICPC instructed the bank to lift the PND order, it failed to comply and a warrant of arrest was issued against the bank and its managing director.

In its defense submissions, the bank noted that in obedience to the letter from ICPC, it was in the process of lifting the PND when another letter dated 9/11/17 from the special presidential investigation panel for the recovery of public property instructed them to place PND on the accounts and they were confused and had to seek the directive of the federal attorney general over the conflicting directives.

But, the court, in its judgement, found that the bank is in breach of its banker-customer relationship.

The customer has equally suffered loss that does not require specific evidence, the judge added.

The court, thereafter, ordered the bank to pay N5 million to Blaid Construction Limited and Blaid Properties, adding that the PND order was illegal and unconstitutional.

It remains unclear whether the bank will appeal the judgement as of press time Monday afternoon.

Efforts to reach the bank between Sunday night and Monday morning were unsuccessful.

Jane Fraser, Citi’s new CEO, is the first woman to lead a major U.S. bank

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Fraser will replace a retiring CEO Michael Corbat in February, the company announced yesterday.

By Zlati Meyer

The new CEO of Citigroup will be the first woman ever to helm a major U.S. bank.

Jane Fraser will replace a retiring Michael Corbat in February, Citi announced this morning.

Fraser has been Citi’s president and CEO of global consumer banking since 2019, overseeing business in 19 countries, including retail banking and wealth management, credit cards, mortgages, and the associated operations and technology. She joined Citi 16 years ago after working at McKinsey & Company, Goldman Sachs, and Asesores Bursátiles.

A member of the Board of Dean’s Advisors at Harvard Business School, Stanford University’s Global Advisory Council, and the Council on Foreign Relations, Fraser has an M.B.A. from Harvard Business School and an M.A. in economics from Cambridge University.

Fraser grew up in Scotland, but then moved to Australia for high school. At the time, she thought she wanted to be a doctor, but wasn’t good at biology, she told Fast Company‘s Stephanie Mehta in January. Fraser discovered that she loved economics and math and in the 1980s, got into banking. At that time, women in banking were rare, and those who were there she described as “a little scary.” They weren’t really the role models Fraser wanted, so she moved to consulting for 10 years. When her two sons were older, she went back into banking, because she missed it.

She was named one of Fast Company‘s Most Creative People last month.

“I will do everything I can to make all of our stakeholders proud of our firm as we continue to build a better bank and improve our returns,” Fraser said in a statement. “We will invest in our infrastructure, risk management, and controls to ensure that we operate in a safe and sound manner and serve our clients and customers with excellence. Citi is an incredible institution with a proud history and a bright future. I am excited to join with my colleagues in writing the next chapter.”

Fraser also was elected to replace Corbat on the bank’s board of directors.

FastCompany

FG Disburses N20bn As COVID-19 Allowance To Health Workers

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The Federal Government says it has paid N20 billion as COVID-19 allowance to health workers in the country.

This is according to the Minister of State for Health, Dr Olorunnimbe Mamora who spoke on Channels Television’s Sunrise Daily on Wednesday.

“We’ve been able to disburse close to N20 billion and I repeat close to 20 billion. So, to now say nothing has been done, that is not true,” the minister said.

Dr Mamora explained that the Federal Government had to stop the payment of hazard allowance to the health workers because of renegotiation with them.

“We were able to pay April, May full, June, part of it has been paid but not fully paid and it’s because of the economic situation and these funds have to be sourced for one way or the other,” he added.

According to the Minister, the funds were paid to “Federal health institutions” across the country including Federal Medical Centres (FMCs), teaching hospitals among others.

On the N5,000 hazard allowance for doctors and health workers, the Minister stated that the payment has existed in the country for about 30 years but was suspended due to the COVID-19 pandemic.

– ‘No Exemptions’ –

The National Association of Resident Doctors (NARD) had on Monday embarked on an indefinite nationwide strike to press home its demand.

According to the union, the doctors are downing tools and demanding a pay rise, better welfare, and adequate facilities.

“We have kicked off the strike today,” NARD president Aliyu Sokomba told AFP, adding that medics treating virus cases would join the action this time around.

“There will be no exemptions,” he said.

“We have arrears of 2014, 2015, 2016, salary shortfalls that were supposed to have been paid over six years ago, still pending,” Sokomba added. “These are the issues we have and they appear not to have been addressed up till this day.”

DMO: FG, 36 states, FCT debts now N31trn

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The Debt Management Office on Wednesday put Nigeria’s debt at N31 trillion, an increase of N2.38 trillion in three months.

According to the DMO, Nigeria’s total public debt stock as of June 30, 2020, included that of the Federal Government, the 36 states, and the Federal Capital Territory.

The Office also released reports on Nigeria’s Actual External Debt Service Payments in the Second Quarter 2020, as well as Nigeria’s External Debt Stock.

According to it: “The data shows that in naira terms, the total public debt stock which comprises the debt stock of the Federal Government, the 36 state governments and the FCT stood at N31.009trn or $85.897bn.

“The corresponding figures for March 31, 2020, were N28.628trn or $79.303bn.”

The debt office explained that the increase in the debt stock by N2.381trn or $6.593bn was accounted for by the $3.36bn budget support loan from the International Monetary Fund, new domestic borrowing to finance the revised 2020 Appropriation Act.

Other contributory factors, according to it, included the issuance of the N162.557 billion Sukuk, and promissory notes issued to settle claims of exporters.

A statement by the office reads: “The DMO expects the public debt stock to grow as the balance of the new domestic borrowing is raised and expected disbursements are made by the World Bank, African Development Bank and the Islamic Development Bank which were arranged to finance the 2020 Budget.

“Recall that the 2020 Appropriation Act had to be revised in the face of the adverse and severe impact of COVID-19 on government’s revenues and increased expenditure needs on health and economic stimulus, among others.”

Meantime, the Office has announced that additional promissory notes would be issued during the current year.

Replace striking doctors with corps members, FG tells hospitals

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Friday Olokor, Abuja

The Federal Government has directed the Chief Medical Directors and Managing Directors of federal tertiary hospitals to “immediately” commence the use of consultants and doctors on the National Youth Service Corps to provide routine services.

The government also directed that locum staff should “be brought in when and where necessary to forestall services’ disruption when applicable and affordable”.

The Minister of Health, Dr. Osagie Ehanire, gave the directive in a statement issued in Abuja on Wednesday.

He was reacting to the nationwide strike by the National Association of Resident Doctors over the non-payment of their COVID-19 hazard allowance and other demands.

He said, “lt is with deep concern that l view the ongoing strike by the Nigerian Association of Resident Doctors which commenced yesterday (Tuesday) September 7, 2020.

“We must remember that the primary duty of doctors and all health workers is to save lives. Embarking on a strike in this time that the country is battling with the COVlD-19 pandemic is ill-timed and ill-advised.

“lt is a critical time in which all well-meaning medical professionals should close ranks and confront the common enemy, which is the COVlD-I9 pandemic threatening mankind.

“This is therefore one strike too many. Besides, most of the demands have been met and others, though, difficult, are at an advanced stage of implementation. A little patience would have made a big difference.

“The Federal Ministry of Health finds it necessary to ensure measures are put in place to mitigate the effect of this strike on the generality of our populace by directing the CMDs/MDs of our federal tertiary hospitals to immediately do the following: COVlD-19 treatment outlets should continue to function as before.

“Emergency services should continue to run as before. Routine services should be maintained with Consultants, NYSC Doctors. Locum staffers to be brought in when and where necessary to forestall services disruption when applicable and affordable.

“I call on the NARD to return to work and engage the Federal Government in completing the ongoing due process of implementing the MoU between NARD and government.

“I wish to assure the general public that measures have been put in place to ensure that they continue to access services at all our federal tertiary hospitals across the country.”

I Paid Adoke’s Co-Defendant, Lawyer $9.084m In Cash, Witness Tells Court

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A prosecution witness in the trial of an ex-Justice Minister, Mohammed Adoke and a businessman, Aliyu Abubakar told a Federal High Court on Wednesday how he handed $$9, 084, 700 to Abubakar and his agent, Barrister A. U. Mustapha.

The witness, Alhaji Farouk Suleiman, a Bureau de Change (BDC) operator testified as the prosecution’s fourth witness (PW4) and gave details of how he received N2billion from Abubakar and converted some to dollars.

Suleiman, who gave the names of some of his businesses as Farsman Holdings Limited and Farsman BDC, was led in evidence by lead prosecuting lawyer, Bala Sanga.

Adoke and Abubakar are being prosecuted on a 14-count charge bordering on money laundering related offences.

Suleiman told the court that he was introduced to Abubakar sometime in 2011, following which the second defendant approached him sometime in 2013 to help convert N2b to dollars.

“Sometime in 2013, the 2nd defendant told me about a business transaction. He handed me a number of cheques, totally N2b. He wanted me to source for dollars to exchange it”, the witness said.

He added that the cheques were drawn in the name of a firm, Equal Access, which he lodged in Farsman Holding Limited’s account with Heritage Bank Plc.

Suleiman said he later went around fellow BDC operators to source for dollars equivalent of the N2b which he later paid to Abubakar and Barrister A. U. Mustapha (who he said Abubakar instructed to collect the money from him) in cash on six occasions.

The witness, who gave a breakdown of how and when he handed the dollars to Abubakar and Mustapha, said both men signed the receipts he issued to them, acknowledging collecting the cash from him.

Sanga later tendered copies of the receipts, which the court admitted in evidence as :Exhbits PW4 A1 – A6.

Lawyer to Adoke, Paul Erokoro (SAN) did not cross-examine the witness when Suleiman concluded his evidence in chief.

Under cross examination by Abubakar’s lawyer, Olalekan Ojo (SAN), the witness said the 2nd defendant’s name was not written on the cheques, but that he (Abubakar) handed the seven cheques, drawn in the name of Equal Access, to him.

The witness admitted that neither Abubakar nor Mustapha produced written document indicating that the lawyer was acting as his (Abubara’s agent.

He however said the second defendant told him to hand the money to the lawyer, who came to his office on five occasions to collect dollars in cash.

As against the suggestion by Ojo, the witness insisted that Abubakar signed one of the receipts (Exhibit Pw4 A6) acknowledging that he collected dollars in cash from Farsman Holdings Ltd.

At the conclusion of Suleiman’s testimony, Sanga sought an adjournment to enable him produce the fifth prosecution witness, on whom a subpoena had been issued.

Justice Inyang Ekwo granted Sanga’s adjournment application, which Erokoe and Ojo did not oppose, and adjourned till September 11 for continuation of trial.

Ekiti AG, Fapohunda Seeks Support To End Land Grabbing

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The Ekiti Commissioner for Justice and Attorney General, Olawale Fapohunda, on Wednesday sought the cooperation of traditional rulers in the state government’s effort to curb the activities of rapists and land grabbers.

Fapohunda, made the call when he visited Ado, Irepodun/ Ifelodun and Ekiti West Local Government Areas, to begin a sensitization tour to educate the people on key public interest Laws including the Property Protection (Anti-Land Grabbing) and Gender-Based Violence (Prohibition) Laws.

He visited the palaces of the Ewi of Ado-Ekiti, His Majesty Oba Adejugbe Aladesanmi; Onigede of Igede, His Majesty Oba Adelusi Aladesuru and Alara of Aramoko, His Majesty Oba Olu Adeyemi.

He commended the monarchs for the warm reception accorded his team.

Thereafter, he noted the rising cases of land grabbing in the State.

”This is negatively affecting the economy .

”It is disheartening to note that sometimes notable people in the society are behind these land grabbers.

”The Ekiti Property Protection (Anti-Land Grabbing) Law, 2019 was enacted to deal with these land grabbers,” he said.

He said:” it is also disheartening to note that cases of rape and sexual assault have become a daily occurrence in Ekiti.

”Babies, grandmothers and boys are being raped on daily basis. We need the support of our traditional rulers to curb the ugly trend.

”Let me make it clear that the Ekiti Gender-Based Violence (Prohibition) Law is under review to accommodate life sentence for sexual offence”.

The commissioner urged indigents to seize the opportunity of free Legal services provided by the Directorate of Citizens’ Rights in the Ministry of Justice as well as Office of Public Defender whenever they have legal issues. NAN

Malabu: Nigeria In Milan Court Demands $1.1 Billion From Shell, ENI

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The federal government has asked Eni and Royal Dutch Shell to make an advance payment of $1.092 billion as damages for their involvement in the OPL 245 scandal, Reuters is reporting.

At an ongoing hearing into the corruption that allegedly took place during the acquisition of the Malabu offshore oil field, Lucio Lucia, lawyer for the Nigerian government, said the advance payment would be part of a larger damages package to be decided by the court.

The federal government alleges that the $1.1 billion paid by the companies were siphoned by government officials and Dan Etete.

In July, the prosecutors urged the court to fine Eni and Shell and some of their executives including Claudio Descalzi, Eni CEO.

On April 9, 1998, the federal military government awarded OPL 245 to Malabu Oil and Gas Ltd, which was said to be owned mainly by Mohammed Abacha, son of the Sani Abacha, and Etete, who was the petroleum minister at the time.

On July 2, 2001, President Olusegun Obasanjo revoked Malabu’s licence and assigned the oil block to Shell — without a public bid. Malabu went to court, but ownership was reverted to it in 2006 after it reached an out-of-court settlement with the federal government.

Shell fought back and commenced arbitration against Nigeria, but when President Goodluck Jonathan came to power in 2010, the controversy appeared to have been resolved with Shell and Eni agreeing to buy the oil block from Malabu for $1.1 billion.

In January, a federal capital territory (FCT) high court in Gwagwalada issued a warrant of arrest against Dan Etete, former minister of petroleum, over his alleged involvement in the $1.1 billion Malabu oil deal.

thenigerialawyer

CAMA 2020: How CAC Appoints Overseers For Churches

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By Chief Mike Ozekhome, SAN

INTRODUCTION

Why has the new Companies and Allied Matters Act, 2020 (CAMA) generated so much hoopla and controversy? It is because its unique provisions make it possible for CAMA officials to take over a Church, Mosque, or an NGO, appoint a Bishop, Imam, Overseers, or Executive Director of their choice, and even decide what sermon, homily or Khutbah shall be disseminated to the adherents. This sounds like a fairy tale. But, it is real, if not carefully handled.

On the 7th of August 2020, President Buhari signed the CAMA into Law. The Act repeals the Companies and Allied Matters Act, of 2004. The Act addresses the lapses in the old Act and equally introduces new provisions to regulate businesses in line with international best practices. It has been hailed in several quarters as the most important business legislation to come out of Nigeria in the last thirty years. However, despite the resonating plaudits generated by the Act, in numerous quarters, we must be circumspect and cautious in our euphoria and cyber-rattling. There is need for this cautious oxymoron of making haste slowly”.

SOME LITTLE HISTORY

The new CAMA has roots in the Companies Act, 1968. However, the 1968 Act had itself been repealed by the CAMA Act of 1990; which improved on the 1968 Act.

With the passing of the new CAMA bill to amend the 1990 CAMA by both Houses of the NASS since 2019. However, in the snail like pace and frustrating nonchalance that the Buhari administration has become typically legendary and accustomed to, there was neither an assent nor a veto of the Bill by the President throughout the remainder of President Buhari’s first tenure. The Bill for the amendment of CAMA, 1990, had to be represented to the Senate by the current Senate Leader, Senator Abdullahi Yahaya. It was subsequently passed by the Senate on10th March, 2020.

It again took the President over six months to finally assent to the Bill on 7thAugust, 2020.This was the first major challenge of the Act that raised eyebrows, having regard to section 58(4) of the Constitution which gives the President only thirty days from the day that a Bill is presented to him to grant Presidential assent or refusal. In the case of the amended CAMA, 2020, it took over six months after the amendment bill had been passed by the NASS for the President to grant his assent. Is the 2020 CAMA Act constitutional?

The provision of Section 839 of CAMA has generated much hoopla and ruckus. A barrage of criticisms from churches, the Civil Society and of course, public commentators, has since visited it.The contentious Section 839 of CAMA provides:

“(1)  The  Commission  may  by  order  suspend  the  trustees  of  an  association  and appoint  an  interim  manager  or  managers  to  manage  the  affairs  of  an association where it reasonably believes that:

(a)  there  is  or  has  been  any  misconduct  or mismanagement  in  the  administration  of  the association;

(b) it is necessary or desirable for the purpose of  —

(i) protecting the property of the association,

(ii) securing a proper application for the property of the association towards achieving the objects of the association, the purposes of the association of that property or of the property coming to the association,

(iii) public interest; or

(c)  the affairs  of  the  association  are  being  run fraudulently.

(2) The trustees shall be suspended by an order of Court upon the petition of the Commission or members consisting one-fifth of the association and the petitioners shall present all reasonable evidence or such evidence as requested by the Court in respect of the petition”.

In a nutshell, Section 839 of CAMA 2020 states that the Corporate Affairs Commission can unilaterally suspend the trustees of any Association that is registered as Incorporated Trustees, such as the Heads of churches, Mosques,Executive Directors of NGOs, etc. The Section goes on in a mindless arrogation of supremacy to the CAC over the Constitution, to provide that such trustees can be removed where the Commission “reasonably believes” that the trustees are involved in “misconduct or mismanagement in the affairs of the association”; or where the removal of the Trustees would be necessary for the protection of the property of the Association; or where the removal of such trustees is “in public interest”; etc. This Section also appears to donate untrammeled powers to the CAC, to usurp the investigative powers of law enforcement agencies.

This provision virtually confers supremacy on the CAC over constitutional provisions, to the extent that the CAC can remove the trustees of an Association based solely on its“reasonable belief”. This portends danger for Nigeria’s fragile and already over conscripted civic space, because by virtue of the amended CAMA, all that would be required to remove the Executive Director or the General Overseer or Bishop of a registered Church,or Imam of a Mosque whom the Government is not comfortable with, is the magical wand of“reasonable belief” that such Executive Director, General overseer or Bishop has been involved in the mismanagement of the NGO or Church. This is arbitrary, whimsical and capricious. Also affected by the section 839 are charitable organizations, educational institutions, socio-cultural organizations and clubs, etc.

Where is the right to fair hearing guaranteed by section 36 of the 1999 Constitution,which is the grundnormand the font et origo of Nigeria’s statehood?

The mere fact that the CAC can unilaterally remove the Trustees of an Association on nothing more than its “reasonable belief” of “misconduct”by the trustees is ominous – not just for the Associations, but also for the entire civic space.

Section 839(2) CAMA however appears to douse this fear by providing that “the trustees shall be suspended by an order of court upon the petition of the Commission or Members consisting of one-fifth of the association and the petitioners shall present all reasonable evidence or such evidence as requested by the court in respect of the petition”.

If one may ask, what are the conditions precedents before a case for the removal or suspension of a Trustee for 12 months can be instituted based on a petition by the CAC,which leads to appointment of trustees for “the proper administration of the association”? Yes, the CAC can even appoint an interim manager to act as receiver and manager over the church’s property.

Furthermore, the grounds for the unilateral removal of the trustees of an association by the CAC are, to say the least, quite vague. For example, Section 839(1)(b)(iii) basically entails that the CAC can remove the trustees of an association “in the interest of public interest”. What is this “public interest?”.Who determines it? What is the measure of “public interest”?The vagueness of some decisive terms is definitely problematic. As a budding journalist, David Hundeyin, explained, “the Buhari Administration or any of its successors can now legally take over Amnesty Nigeria,SERAP or any similar organisations it has previously antagonised openly, if their definition of “public interest” means “the government must not be embarrassed.” Surely, this is dangerous for our already overburdened democracy.

THE FEARS

The amended CAMA 2020 attempted to enhance the ease of doing business in Nigeria and to generally bring Nigeria up to speed with globally accepted best practices. But, in trying to do so, the Act has become a burdensome albatross on the neck of civil societies, the Church and Mosque. It presents a ready opportunity for the Nigerian State apparatus to further shrink Nigeria’s civic state, and unleash its deadly arsenal on opposition, rights Activists, dissenters and critics of government.

To this end, these identified negative aspects of the amended 2020 CAMA should be resisted by all men and women of goodwill Civil societies and religious bodies (who are the main targets of the Act) must instigate a serious legal challenge to ensure that the Act does not bastardise their activities. The validity and constitutionality of these sections of the Act must be tested at every level of courts in Nigeria.

ALLAYING THESE FEARS

The fears generated by the new CAMA may have however been overblown. Section 839 (a) for example only penalizes for misconduct, fraud or mismanagement in the administration of an association, and to protect its property towards achieving its objectives. Section 839 (2) makes it clear that 20% of members of the trustees of such an organization must sign a petition before a court of law.

Who is afraid of provisions of a law meant to instill discipline in the affairs and conduct of a church, mosque, or NGO? Are they saying the society should remain indifferent to stinking corruption within them? I wholly disagree with them.

The point must equally be emphasised that these “not-for-profit”organisations, whether Churches, Mosques, etc, NGOs must themselves be above board like Caesar’s wife. The only reason they are accorded tax-free existence is because of the belief that they will add value to the society, by ploughing back their would-be taxation into the society to help the needy and most vulnerable. Are many of them actually do this? It does not appear so. Many of them plough their income and tithes into profitable ventures, building universities, buying private jets, building mansions, etc. Why should they not pay tax for such commercial activities? Mercifully, the Catholic Church is quite different from this new genre of Pentecostal Churches, that are mostly profit-driven and very worldly in their orientation and affairs.

The greatest edge the Catholic Church however has over them is that the Catholic Church is holy, one, universal and apostolic, It therefore requires no registration with the Corporate Affairs Commission (CAC). The Catholic Church is the only church founded by Christ Himself. In Mathew 16.18, Jesus said to peter, “Thou art Peter, and upon this rock I will build my Church; and the gates of hell shall not prevail against it. And I will give unto thee the keys of the kingdom of heaven; and whatsoever thou shalt bind on earth shall be bound in heaven: and whatsoever thou shall loose on earth shall be loosed in heaven”. One can also, albeit cautiously, therefore say that the fears of a take-over of its affairs by the CAC under CAMA, will not arise.

THOUGHT FOR THE WEEK

“Nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced.” (Albert Einstein).