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What’s the Holdup at the Connecticut Supreme Court?

The Connecticut Supreme Court is struggling to issue its decisions in a timely fashion

By Connecticut Law Tribune Editorial Board 

Supreme Court hears cases from October to April every year and decides virtually all of them by the end of June, the Connecticut Supreme Court is struggling to issue its decisions. As of July 12, the court had issued opinions on 10 of its approximately 17 cases argued last September, 12 of the 17 cases argued last October, seven of its 17 cases argued in November, three of its 14 cases argued in December, one of its 16 cases argued in January 2019, one of its seven cases argued in February, and none of its cases argued this spring.

Read more:https://www.law.com/ctlawtribune/2019/07/18/whats-the-holdup-at-the-connecticut-supreme-court/?kw=What%27s%20the%20Holdup%20at%20the%20Connecticut%20Supreme%20Court?%20%7C%20Connecticut%20Law%20Tribune&utm_source=email&utm_medium=enl&utm_campaign=dailypaid&utm_content=20190725&utm_term=tal

 

WHEN, WHY AND HOW CAN A GUARANTOR/SURETY BE HELD LIABLE FOR DEBT GUARANTEED

DAILY LAW TIPS (Tip 380) By Onyekachi Umah, Esq., LLM. ACIArb(UK)

A guarantor/Surety is technically a debtor because where the principal debtor fails to pay a debt, the guarantor will be called upon to pay the loan he/she guaranteed. The guarantor can however, be saved from liability if he/she can show that the principal debtor has paid the loan.

”In matters of guarantee of this nature, there is sometimes the need to recognize the three parties, namely: the creditor, the principal debtor and the secondary debtor or guarantor. Either of two situations could thus arise. One is that the guarantor may not primarily undertake to discharge the liability but only if the principal debtor failed in his obligation. There is the other situation where a person by his undertaking makes himself the real debtor.”

“It is settled that the liability of a guarantor becomes due and mature immediately the debtor/borrower becomes unable to pay its/his outstanding debt. The guarantor’s liability is then said to have crystallised. A Surety or Guarantor, is bound by the written agreement it/he entered into.”

“The fact that the obligation of a guarantor arises only when the principal has defaulted in his obligations to the creditor does not mean that the creditor has to demand payment from the principal or from the surety or give notice to the surety before the creditor can proceed against the surety. Nor does he have to commence proceedings against the principal, whether civil or criminal unless there is an express term in the contract requiring him to do so.”

“A creditor is entitled to proceed against a guarantor immediately the debtor or borrower becomes unable to pay his outstanding debt. The guarantor is bound by the written agreement he entered into.”

In summary, when you stand or sign as a guarantor for any person, you have accepted to bear the liabilities and debts that such a person owes or may owe someone else. And, once the person you guaranteed fails to pay, it becomes your duty pay and going to court against you is an option. A guarantor is never free until the person he guaranteed pays all debts guaranteed or he pays such himself.

 

My authorities are the judgements of the Supreme Court and Court of Appeal in the following cases;

1. CROWN FLOUR MILLS LTD. V. OLOKUN (2007) ALL FWLR (PT. 393) 24 AT 62, PARAS. G – H (CA)
2. FORTUNE INTERNATIONAL BANK PLC V. PEGASUS TRADING OFFICE (GMBH) & ORS. (2004) LPELR-1288(SC)
3. CHIEF PETER AMADI NWANKWO & ANOR V. ECUMENICAL DEVELOPMENT CO-OPERATIVE SOCIETY (EDCS) U.A(2007) LPELR-2108(SC)
4. AFRICAN INSURANCE DEV. CORP. V. NIGERIAN LIQUIFIED NATURAL GAS LTD. (2000) 4 NWLR (PT. 653) 494.
5. ALHAJI IBRAHIM GAJIMI v. FIRST BANK OF NIGERIA PLC (2018) LPELR-43996(CA)


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Feel free to reach the author, ask questions or make inquiries on this topic or any other via [email protected] or [email protected] or +2348037665878.

NOTE: Sharing or 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. Please share this publication till it gets to those that need it most. Save a Nigerian today!

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Can The House Of Representatives Takeover Any State House Of Assembly In Nigeria

DAILY LAW TIPS (Tip 378) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

CAN THE HOUSE OF REPRESENTATIVES TAKEOVER ANY STATE HOUSE OF ASSEMBLY IN NIGERIA.

Both federal legislature and state legislatures are created by the constitution of the Federal Republic of Nigeria with powers to make laws. Federal legislature is the National Assembly and it is made up of the Senate and the House of Representatives. State legislatures are the State Houses of Assembly in the 36 states in Nigeria.
In situations of war or any other circumstance that makes a house of assembly unable to hold meetings and transact its business, the National Assembly has powers to takeover the house of assembly and make laws for peace, order and good government of the state but can not remove the governor or deputy governor of the state.
Note that the House of Representatives, alone, is not the National Assembly rather makes up the National Assembly along side the Senate. Hence, the House of Representatives, alone, cannot takeover a house of Assembly or exercise any the powers vested on the National Assembly to do or not to do anything. Any act done contrary to constitutional provisions is unconstitutional.

 

My authorities are sections 4, 11(3),(4),(5), 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.

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Feel free to reach the author, ask questions or make inquiries on this topic or any other via [email protected] or [email protected] or +2348037665878.

NOTE: Sharing or 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. Please share this publication till it gets to those that need it most. Save a Nigerian today!

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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.

VAAP Act: FIDA concludes Abuja schools’outreach

That violence of diverse shades is frighteningly on the rise across the country and the world at large is restating the obvious.

Religious places, schools, homes, workplaces, relaxation hubs, and every conceivable place are sadly becoming centres of horrifying experience to many people, especially women and children, as a result of the unspeakable violations and acts of violence increasingly playing out there.

Where violence is intensely focused – as in Gender-Based Violence (GBV) –, age, educational status, class, religion, race, ethnicity, and tribe are immaterial. Thus, where women and girls across varied societal strata are not being violently and involuntarily engaged in sexual acts, they are either being freely violated by despicable traditional practices like early marriage, female genital mutilation, and intolerable widowhood practices, or psychologically violated through patriarchal inequitable systems.

To create more awareness on what the law says about these issues, the International Federation of Women Lawyers (FIDA) in the past weeks embarked on a campaign. Presently, FIDA Nigeria is implementing an Oxfam supported Project titled: Enabling Capacity for the adoption and effective utilisation of the Violence Against Persons Prohibition Act (VAPP) 2015. The project activities include amongst others, advocacy outreach in schools.

Consequently, FIDA Abuja and its members undertook intensive awareness creation campaigns on the VAPP Act in Senior Secondary Schools across Abuja.

The event commenced on the 17th of June with a visit to Anglican Girls Grammar School (AGGS) Apo. Next was Redeemer’s Private School, Living Spring, Karu on Tuesday 18th June then Government Secondary School (GSS) Garki on Monday 1st July 2019; Government Secondary School (GSS) Tudun Wada, Zone 4, was visited on Tuesday the 2nd. Thereafter, Government Secondary School (GSS), Apo, Government Secondary School, Karu, Government Secondary School (GSS) Wuse Zone 3, Fouad Lababidi Islamic Academy, Wuse Zone 3 and Regina Pacis Secondary School, Garki, Abuja all placed host to the FIDA team.

Rounding off the advocacy programme last Monday at Regina Pacis Secondary School, Garki, Abuja which saw a lot of the association’s members in attendance, Chairperson of the Association, Rekiya Adejo-Andrews, Vice Chairperson, Chibuzo Maureen Nwosu and other executive committee members expressed delight that in all, students of the various schools visited were not only excited to listen to them but demonstrated high levels of intelligence and candour which was demonstrated by the probing questions they asked at the end of each session. They also commended the heads and teachers of these schools for the warm reception received and for giving them the opportunity to reach out to these young ones.

Several copies of the simplied edition of the Act were also donated to all of these schools.

The VAAP Act came into being on account of agitations for protection of persons against various forms of violence that have in recent times consumed many a person; particularly young persons in the country.

That said, the need to protect the entire citizenry from violence such as envisaged by the Act, is key to attainment of equity and justice.

 

Rate of Men Taking Paternity Leave Falls—Again

So staying home for an extended period of time to change diapers, clean up puke and cater to a fussy child isn’t what it’s cracked up to be?

By Vivia Chen 

What’s the deal? Do they want it or not?

First, we were told that they’re different from their fathers, that they want to be hands-on parents and that management better get on the stick.

And, by golly, they got their wish: Big Law and other elite professions started offering paid paternity leaves that would have been unthinkable just a few years ago. Though some firms only offer a meager two weeks of paid leave for “secondary caregivers,” others are offering 10 weeks, 18 weeks or whatever your heart desires.

So are battalions of men now marching off to care for their babies months at a time with nary a thought about what’s happening in the office? Well, that’s what they keep saying. Ask most firms about paternity leave and they will tell you, “It’s not a big deal here. All our lawyers take their full leave—and without stigma!”—as if we’re living in the new age of gender enlightenment. The party line is that paternity leave is wildly popular and used.

Maybe it’s popular. But how many men take leave, particularly if it’s more than a week or two?

Read more:https://www.law.com/americanlawyer/2019/07/24/rate-of-men-taking-paternity-leave-falls-again/?kw=Rate%20of%20Men%20Taking%20Paternity%20Leave%20Falls%26mdash%3BAgain&utm_source=email&utm_medium=enl&utm_campaign=dailypaid&utm_content=20190725&utm_term=tal

TAXATION IN NIGERIA

The collection of taxes in Nigeria is three–tiered; Federal, State and Local Governments. At each tier of government, there is an authority with powers to collect the relevant taxes; the Federal Inland Revenue Service (FIRS) at the federal level, State Inland Revenue Service (SIRS) across the 36 states and the local government tax authority for the local governments within the states.

Examples of federal taxes collected in Nigeria

 

Personal Income Tax which is

paid by

 

• Members of the armed forces

• Members of the police other than in civilian capacity

•Families, communities, trustees and estates resident in the FCT

• Officers of the Nigerian Foreign Service

• Non-resident individuals who derive profit/income from Nigeria

 

 

Capital Gain Tax which is paid by

 

• Body corporate and individuals’ who derive profit /income from the sale of capital assets in Nigeria

 

Companies Income Tax which is paid by

 

• All registered companies except petroleum companies

 

 

• Non resident (foreign companies) that derive income and profit from Nigeria

 

 

• Companies limited by guarantee that are engaged in profit making other than promoting their primary objectives

 

 

• Liquidator, receiver or their agent, of a taxable company

 

Petroleum Profit Tax which is paid by

 

•Companies engaged in petroleum exploration and production operations in Nigeria (up-stream operations)

 

 

• A person resident in Nigeria employed in the management of the petroleum operations carried on by a non-resident company

 

Value Added Tax which is paid by

• Individual, corporation sole, group, body corporate or organizations that consume, buy, procure or import taxable goods or services.

 

Tertiary Education Tax

 

• Payable by all corporate entities.

 

 

 

 

Withholding Tax

 

 

 

 

Stamp Duties

 

Industrial Training Fund Contribution

 

 

 

 

 

(NITDF) levy on companies and enterprises with an annual turnover of N100, 000,000.00 and above operating as:

 

• GSM Service Providers or telecommunications companies

• Cyber companies and internet providers

• Pensions managers and pension related companies

• Banks and other financial institutions, Insurance companies.

 

 

Examples of State Taxes collected in Nigeria

Examples of Local government taxes

Gaming and Casino Tax, Pool Betting and Lotteries;

 

Shops and Kiosks rates;

Personal Income Tax (PAYE and direct taxation/self-assessment);

 

Slaughter slab fees

Stamp duties on instrument executed by individuals;

 

Marriage, birth and death registration fees;

 

Capital gains (individuals only);

Market levies excluding those funded by state finance;

Withholding tax (individuals only)

Motor park levies;

Stamp duties on instruments executed by individuals;

 

Merriment and road closure levy;

Business premises registration in urban and rural areas within the state;

 

Vehicle road license fees

Market levies and taxes where state finance is involved;

 

Signboard and advertisement permit fees;

Road taxes

Public toilet, sewage and refuse disposal fees;

Development levy not more than N100 per annum

Right of Occupancy fees on land in rural areas, excluding those collected by the federal and state governments;

Right of Occupancy fees on lands owned by the State government in Urban areas; etc.

 

Wrong parking charges;

 

Tenement rates

FILING OF TAX RETURNS

 For the purpose of tax administration, the requisite forms for filing annual tax returns at the federal level can be obtained at the FIRS. This will apply to personal income tax and other taxes on individuals, taxes on companies, VAT etc. All other returns shall be prescribed by the relevant tax authorities responsible for the collection of such taxes.

REQUIREMENTS FOR SELF-ASSESSMENT FOR COMPANY INCOME TAX

  1. Duly completed Self-Assessment Form
  2. Audited financial statement signed by two Directors which will include
  • Balance Sheet
  • Profit and Loss Account
  • Statement of change in equity
  • Statement of Cash flow
  • Notes of significant accounting policies and other explanatory information
  • Comparative figures of preceding year on the Generally Accepted Accounting Principles (GAAP) basis to be included in the returns.
  • Tax Computation
  1. Capital Allowance Computation
  2. Schedule of fixed assets
  3. Evidence of payment of the taxes due (e-ticket from the bank).

The accounts must be audited and signed by two external auditors who must be members of a recognised professional body.

Self-assessment returns shall be filed within six months from the end of the accounting year for an existing company or eighteen (18) months from the date of incorporation.

REQUIREMENTS FOR SELF-ASSESSMENT FOR PERSONAL INCOME TAX – SELF EMPLOYED

  1. Duly completed Self-Assessment Form II.
  2. Duly completed income tax form (Form A)
  • Statement of full amount of income earned in the preceding year from all sources;
  • Particulars of income, relief, deductions and allowances the person is entitled to;
  • Declaration and attestation of correctness and completeness of return by the taxable person;
  • Evidence of payment of tax (e-ticket from the bank as evidence of payment) The due date for the filing of self-assessment returns under the Personal Income Tax Act shall be on or before the 31st day of March of every year.

REQUIREMENTS FOR SELF-ASSESSMENT FOR PERSONAL INCOME TAX – PAYE

  1. Duly completed Self-Assessment Form
  2. Duly completed income tax form (Form A)
  • Income other than employment income earned from all sources in the preceding year;
  • Income earned from employment in the current year;
  • Declaration and attestation of correctness and completeness of return by the taxable person;
  • Evidence of payment of tax (e-ticket from the bank as evidence of payment) PAYE returns must be submitted for each month on or before the 10th day of the month following the month to which the tax deductions relate using the appropriate schedule.

REQUIREMENTS FOR ANNUAL RETURNS BY EMPLOYERS

  1. Completed form A (income tax form for returns of income and claims for allowances and relief)
  2. Form H1 (Annual Income declaration)
  • A schedule of tax deduction from the employer containing the following information
  • Name of employer
  • Tax identification No. of employer (TIN)
  • Names of employees
  • Tax identification Nos. of employees
  • Total emolument for each employee
  • Consolidated relief
  • Tax deducted
  • Overall total tax charged and remitted
  1. Evidence of payment of tax (e-ticket from the bank as evidence of payment)

Every employer is required to file a return not later than 31st of January of every year

REQUIREMENTS FOR FILING ESTIMATED TAX RETURNS FOR PETROLEUM PROFIT TAX

  1. A statement of estimated income and expense for the period
  2. A statement of estimated adjusted profit and loss
  • Estimated tax and capital allowances computation for the period
  1. Computation of estimated monthly tax payment

A return is filed not later than two (2) months of the commencement of the accounting period

REQUIREMENTS FOR FILING ANNUAL TAX RETURNS FOR PETROLEUM PROFIT TAX

  1. Audited financial statement and accounts for the period
  2. A statement showing all qualifying expenditure incurred during the period
  • Computation of chargeable profits and loss for the period
  1. A statement of other sums deductible, the liabilities of which were incurred for the period
  2. Computation of capital allowances claimable for the period
  3. Computation of actual (and final) tax payable for the period
  • Signed declaration of the correctness of the returns
  • Evidence of payment of the final (13thinstallment)

Every company which has or is engaged in petroleum operation with respect to any accounting period of the company is required to file a return within 5 months after expiration of the period.

REQUIREMENTS FOR VALUE ADDED TAX

  1. Total Value of Supplies made during the period
  2. Disclosure of the value of output tax charged on its invoice
  • Total value of purchases on which input tax was paid
  1. Schedules of both input and output tax attached to the VAT returns, together with any adjustments made during the period, for bad debts, credit notes etc.
  2. Net VAT due i.e. the excess of output tax over input tax, with evidence of payment of the VAT
  3. A signed declaration of completeness and correctness of returns All taxable persons and agents of Ministries, Departments and Agencies of government subject to Value Added Tax (VAT) shall make VAT returns not later than the 21st day of the month following that in which the transaction was made.

REQUIREMENTS FOR EDUCATION TAX RETURNS

  1. Computation of education tax payable
  2. Duly completed self-assessment form attested to by a director or secretary of the company
  • Evidence of payment of education tax due (e-ticket from the bank) All Companies registered in Nigeria shall contribute to the education tax fund at the rate of two per cent. This shall be charged on the assessable profit of a company registered in Nigeria. The returns of education tax are made along with those of Companies Income Tax or Petroleum Profit tax whichever applies, but paid separately.

REQUIREMENTS FOR CAPITAL GAINS TAX RETURNS

  1. Duly completed self-assessment forms
  2. Computation of Capital Gains Tax payable
  • Schedule of Assets including proof of sale
  1. Evidence of asset and asset improvement
  2. Evidence of payment of CGT (e-ticket from the bank)
  3. Other relevant information Capital Gains tax is paid at the rate of 10% on the disposal of chargeable assets

REQUIREMENTS FOR NITD LEVY

  1. Computation of tax payable
  2. Evidence of payment of tax due (e ticket from the bank) NITD Levy is 1% of the profit before tax and is tax deductible when paid by companies and enterprises.

REQUIREMENTS FOR WITHHOLDING TAX

Submit a schedule of withholding tax deducted, showing:

  1. Period covered
  2. Name, address and Tax Identification Number (TIN). of each supplier or beneficiary
  • Nature of supply and gross amount of supply
  1. WHT rate amount of tax deducted
  2. TIN of company/organization making remittance
  3. Evidence of Payment

WHT is filed for all companies apart from petroleum companies within 21 days from the date the amount was deducted or the time the duty to deduct arose.

In the case of petroleum companies, WHT is filed within 30 days from the date the amount was deducted or the time the duty to deduct arose.

PENALTIES

The failure to pay tax, levy or fee will incur a penalty for non-compliance and is imposed by the tax law, rules or legislation of either the federal, state or local government, depending on the service that is responsible for regulating the tax, levy or fee.

 

                             

 

Supreme Court sides with ‘subversive’ clothing designer in First Amendment case

By Robert Barnes 

The Supreme Court on Monday ruled that a federal ban on registering “immoral” and “scandalous” trademarks is unconstitutional, saying the government’s disapproval of offensive speech cannot justify withholding a government benefit.

“The most fundamental principle of free speech law is that the government can’t penalize or disfavor or discriminate against expression based on the ideas or viewpoints it conveys,” Justice Elena Kagan said in announcing the decision.

“The ban on ‘immoral’ and ‘scandalous’ trademarks does just that.”

Five justices joined Kagan’s opinion in Iancu v. Brunetti. Los Angeles artist Erik Brunetti had sued the government, saying it violated the First Amendment by refusing to register the trademark for his “subversive” clothing line: FUCT.

Other justices on both sides of the court’s ideological divide worried that the ruling went too far and would leave the Patent and Trademark Office powerless to refuse, in the words of Justice Sonia Sotomayor, “registering marks containing the most vulgar, profane, or obscene words and images imaginable.”

Sotomayor feared that the government would now be forced to register trademarks that include even a “particularly egregious racial epithet.” The Justice Department declined to comment on the decision or the trademark office’s next steps.

Justice Stephen G. Breyer worried that approving particularly divisive trademarks could lead to violence. “Just think about how you might react if you saw someone wearing a t-shirt or using a product emblazoned with an odious racial epithet,” Breyer wrote.

Read more:https://beta.washingtonpost.com/politics/courts_law/supreme-court-sides-with-apparel-maker-who-said-government-violated-first-amendment-by-denying-subversive-clothing-line-trademark/2019/06/24/717eb058-968a-11e9-916d-9c61607d8190_story.html?outputType=amp

BAZE University appoints Adetokunbo Kayode Network of African Students Entrepreneurship club Patron

0

A country with a healthy youth population gives an indication of overall development and progress. Likewise, youth entrepreneurship in any society is a sign of progress. It has an impact on social as well as cultural and economic progress of the society.

Undeniably, the need to create value in the lives of our youths has given rise to numerous appeals for instilling entrepreneurship skills amongst them. One of the major challenges faced by most of the countries in the world today is youth unemployment. The overall unemployment rate is growing at an alarming speed. Amongst the unemployed, unemployment of youth seems to be alarming

Since entrepreneurship involves wealth creation leading to gainful employment and advancing society, the need therefore to strengthen entrepreneurship programmes has become imperative.

And so when the authorities of the Baze University, Abuja invited Prince Adetokunbo Kayode, President of Abuja Chamber of Commerce and Industry (ACCI), to become its Patron to the Network of African Students Entrepreneurship (NASE) club, it was heralded as brilliant.

Adetokunbo Kayode, a corporate lawyer, tax expert, international arbitrator, Life Bencher has served Nigeria as minister in four different positions: Culture and Tourism; Labour, Employment; Federal Attorney General and Hon Minister of Justice and as Minister of Defence. 

In a letter signed by the Coordinator, Entrepreneurship Programme of the University, Ms. Shulammite Paul, Prince Kayode was described as a man whose wealth of experience, midas touch, contacts and wherewithal can be used to effectively impact of budding entrepreneurs.

The Senior Advocate of Nigeria in the letter was enjoined to use the opportunity to contribute to the much needed efforts to building the nation’s economy from the entrepreneurial perspective.

He is to work to “impact on young and vibrant minds at the University with a special focus on making the institution entrepreneur hub committed to creating innovative solutions to social and economic problems by exposing her students to relevant creative skill development experiences thereby making them solution providers to the socio-economic problems bedeviling their communities and the nation at large.

“Your valuable experience in this very frontier is needed to help the university achieve this laudable goal.

“In line with global practice and to meet the needs of their immediate communities, we will certainly appreciate your assistance and experience in putting this in place”, the institution emphasised.

Also, Provost of the ACCI Business Entrepreneurial Skills and Technology (BEST) Centre, Prof. Adesoji Adesugba and Director of the Vemtre, Victoria Akai were selected to serve as advisors and mentors.

Base University said it is poised on creating an entrepreneurship centre in the institution to enhance skill training opportunities to her student in line with the global practice and digital age to meet with their needs of their immediate environment/communities.

“Base University is focused on making the institution an entrepreneurship hub which is committed to creating innovative solutions to Social and economic problems by exposing her students to relevant creative skill development experiences, thereby making them solution providers.”

They will be inducted at the launching of the Baze University chapter of the Network for African Students Entrepreneurs (NASE) on the 16th of July, 2019.

It is a known fact that entrepreneurship in any society is a sign of progress. The IT business in US has been the bedrock for youth entrepreneurship and created stars and multi-millionaires in Bill Gates, Steve Jobs to Google’s Sergy Brin and Larry Page and many more. There are similar such stories in other countries and Nigeria could join them too. 

See also: https://www.forbes.com/sites/robynshulman/2017/07/10/10-different-ways-to-encourage-youth-entrepreneurship/#2f3e3f701b64

 

 

 

Why was Senator Abbo not charged under VAPP Act?

0

…as more details of his travails emerge

The measured violence with which he dealt the blows was like that of someone used to practicing on punching bags. The anger in his voice as he meted out the violence was so strange and shocking it was hard to believe the person being punched was a total stranger.

He turned out to be a senator; the youngest senator in the 9th Senate of the Federal Republic of Nigeria. A legislator. A lawmaker.

The police on Monday, July 8, arraigned Senator Elisha Abbo, in a Zuba Chief Magistrates’ Court, Abuja, for allegedly assaulting a nursing mother. Again the politician who never shies away from controversy was caught on camera taking selfies inside the courtroom. Abbo who represents Adamawa north senatorial zone however, pleaded not guilty to a two-count charge of criminal force and assault levelled against him. The police prosecuting counsel, James Idachaba, told the court that the matter was reported by one Warmate Osimibibra of plot 426 Adebayo Adodeji Street Utako, at the Maitama Police station Abuja on May 14.

Why the police choose arraign Abbo under the Penal Code and not the Violence Against Persons (Prohibition) Act (VAPP), 2015 will perhaps be better explained by the force.

Section 2, Sub section one of the Act deals with inflicting physical injury on another. The section provides that:

(1)    A  person who wilfully causes or inflicts  physical  injury  on  another  person by means of any weapon, substance  or  object, commits an offence and is liable on conviction to a term of imprisonment not exceeding 5years or a fine not exceeding N100,000.00 or both.

 

Subsection 4 relates to wilfully placing a person in fear of physical injury and the first part provides that:

 (4)   A  person who or knowingly places a person in fear of physical injury  commits an offence and is liable on conviction to a term of imprisonment not exceeding 2 years or to a fine not exceeding N200,000.00 or both.

 

Sun online reports that for the embattled Senator Elisha Abbo, there is no end in sight to his self-inflicted travail. The infamous video of his assault of a nursing mother at an Abuja adult toy shop is the Pandora’s box that brought him to bad light. Now, the floodgate is open and more damaging revelations are coming into the open, as grave allegations surface from different quarters.

Two of his accusers spoke with Saturday Sun. The worse allegation came from Eunice Tochukwu Ojukwu, his sister-in-law, who alleged that Senator Abbo, battered his late wife, Eucharia Uche Ishiaku, who eventually died ofHIV.

Eunice Tochukwu Ojukwu made this allegation when she visited the Ikeja office of the Sun newspaper yesterday.

“I am the immediate junior sister of Eucharia Uche Ishiaku who was married to the man you all now know as Senator Elisha Abbo,” she declared. “His real name is Clifford Ishiaku, that’s the name we knew him till we saw the story on social media that he is now a senator.”

She lamented that her sister would have been alive if her husband had informed her about his health status.

The second story, from Owolabi Olumuyiwa Tayo, a former business associate of the Adamawa Senator, chronicled in detail their business dealing way back when the man at the centre of the storm was a mere political jobber. Owolabi’s gritty story of abuse of power, disrespect for contract and lack of regard for friendship adds to the grisly portrait of the man who is reportedly Nigeria’s “youngest lawmaker.”

The grim story of his stormy marriage

Without much ado, Eunice Ojukwu spilled the details.

According to her, the couple met sometime before 2009 and before they got married, he converted from Islam to Christianity. On September 26, 2009, they had their church wedding at a Catholic church in Mubi, Adamawa.

Months after, she took ill and thereafter was treating a regular ailment, not knowing that she had been infected with HIV.

“I got to know about her illness in 2012,” she said.

“On her sick bed, she told me everything that happened, especially how she got to know that she was infected with HIV.

She told me that she later discovered that her husband was already infected but held that information from her while they were dating. Unknown to her, he was going for treatment and was still sleeping with her without protection.

“It was destroying her system gradually and that made her sick.” Someone who observed the frequency of her illness had urged her to go for a general test.

The Good Samaritan also paid for the test.

“This was how she found out that she was infected with HIV and that it was at a critical stage. When she confronted him with her result, instead of confessing, Senator Abbo battered my sister mercilessly.”

Ojukwu claimed the family got to know about the battering and made an effort to rescue their daughter from the toxic marriage. “We knew that he was raping our sister. He even tried to bring his friend so that both of them will sleep with my sister at the same time. She took a lot of stitches as a result of anal sex forced on her,” she said.

At a point, their father had contacted Ohanaeze Ndi-Igbo in Mubi, begging them to bring back her daughter.

“The day she finally left in 2012, Senator Abbo followed her to the motor park and created a scene. He wanted to drag her back but my father pleaded with the driver to ensure that my sister boards the bus back to our village in Anambra.”

Of her sister, she said: “She was a calm person who did not want to lose her marriage, so she kept the information to herself. There were several fights and when my sister calls me, I will plead with her to leave that man but she will refuse. She believed so much in that marriage until she was very sick. There was an instance where he battered her so much in their house in Abuja and dragged her out of the house naked. Anytime that he was beating her up, neighbours tried to intervene and he’d threaten them with a gun.”

She continued: “When they were in Abuja, he would dump her in the hospital for days, and no one would be there to give her food till the hospital alerted us and we’d send someone to her. We were in and out of the hospital for six months before she died in 2013. When my sister died, he called that he was going to deal with me that I was the one that killed my sister.”

She gave an insight into how her sister met him.

“Eunice said that they started dating during her National Youth Service Corps days in Nasarawa in 2008. He had worked for so many known politicians in the north. He visited their orientation camp and they met and became friends. When our sister came up with the story of marriage, my family kicked against it.

My family was against the marriage because they were not in support of inter-tribal marriage. We do not know much about the northerner and their culture. When she died and I posted it on my Facebook wall, her friends doubted it because Senator Abbo did not say anything about it on his Facebook wall.”

Saturday Sun wanted to know why she is coming out with the story now.

Eunice Ojukwu replied: “I want justice for my sister. In 2013, when my sister died, I posted it on Facebook and no one took it seriously. He was a nobody and I was the daughter of a nobody. Then social media was not as strong as it is now. All I want is justice, let no one be deceived by those tears, he is an evil man.”

In a face-saving video circulate on social media, Abbo had apologized to Nigerians over his shameful action, cutting a figure of a remorseful man.

Ojukwu warned: “We are used to that his crocodile tears, whenever he comes begging. Nigerians should not be deceived.”

Death threat and false accusation

On Thursday, four days after the infamous “Assault in a Sex Toy Shop” video went viral, Owolabi Olumuyiwa Tayo was a guest of Saturday Sun. He also came to narrate his ordeal at the hand of Senator Elisha Abbo.

Owolabi, from Ekiti State, was an official photojournalist to former Ekiti State governor, Ayodele Fayose in 2014. He rendered an account of his chilling encounter with the Senator.

What was the bone of contention? The Senator refused to pay him for a service he rendered, Owolabi alleged.

“Senator Ishaku had to be a consultant to Fayose then. After the election, he saw my tenacity and approached on my job, he approached me to work with him and I agreed. Then he was aspiring for a senatorial seat under APC in Mubi North, Adamawa State. We travelled together down to Osun State during Omisore’s election because he worked with Omisore as a consultant then. We were in Celebration Hotel for months where I kept recording and doing my job as usual.”

After the job at Osun, he recalled, the Senator left for Abuja and he had to join him there.

“I was at his house for almost six months. We lived together. We were working, travelling down to Yola and back to Abuja.

“We had a contract and I put my proposal to him through his Head of Administration, Mr Adekoya. The first time we lodged at Lelewa Hotel, Adamawa, opposite Adamawa Polytechnic. I did my work as usual and we travelled to his hometown Mushala after Vintim, some kilometres to Cameroon. There I did both the video and photography for him”.

The second time they travelled together was when the incident happened.

His recollection: “I travelled to Lagos to do some things for him. We were supposed to go to Abuja together that very day, but on my way, I couldn’t meet up; my car broke down on the road along Lokoja, so I got to Abuja late. I had to take a flight from Abuja to Yola. That day was the eve of Boko Haram invasion of Mubi, so we were supposed to be in Mubi that very day. When we heard about the news, we couldn’t go, so we lodged at Danzol Hotel in Yola. At this point, I couldn’t take the risk of Boko Haram, so I decided to leave. I approached the Senator to ask for part-payment of my money so that I could go and meet my family and leave that environment. At first, I sent him a text and he did not respond. I called, but he wouldn’t pick. That day some of his people that escaped from Boko Haram came from Mubi to meet him at that hotel and he was giving them money and everything they needed to feel comfortable. I was frustrated because he refused to pick my calls. So around that 5 pm, I tried to reach him but I couldn’t. Out of frustration I went and sit at the doorstep of his room for more than three hours waiting for him to come out and attend to me. On coming out of his hotel room, he said, “Muyiwa you are embarrassing me”, and I told him that I wasn’t embarrassing him, but rather pleading with him to give me my money so that I could go and meet my family.”

At last Owolabi came to the crux of his story: “The next thing he did was to start beating me. He called his orderly to bundle me out of the Hotel at that odd hour. The policemen beat the hell out of me that day. They cocked the gun at me and I said my last prayer. The Senator said that he would tell his people that I was a Boko Haram. I became afraid because I didn’t understand their language. There was nobody I could call; I don’t have a family there. I went there based on my job. That was when I kept quiet. I was just saying my last prayer and I was asking for mercy from God. One of the policemen told him that they should take me to Kaliwa District Police station in Yola. We were there for more than an hour because I did not allow them to take me away from where people were at that odd hour because I did not know where they were taking me. So it was around 2 am that they took me there in their pickup van to the police station. When we got there, there was nobody, no light until one policeman brought a torch and they told him to put me in a cell. They were speaking but I did not understand what they were saying because they were speaking Hausa.”

Did he write any statement at the police station?

He said no, and went on to detail how he was manhandled by the policemen.

“When they were carrying me I was shouting “my ankle. They twisted my neck. I was in severe pain. They tore my clothes. I had to beg the IPO to help me by allowing me to use his phone to call one of my relatives because I did not know anybody there. He obliged and I called one of my brothers who pleaded that the person should assist me. They knew that his action was wrong but he is their person and I am a stranger to them, so there was nothing I could do.”

Succour came his way in the morning when the DPO arrived and after listening to his story, directed that he should be set free.

“Some of the staff that I worked together with came that very morning and they pitied me when they saw my condition. I was helpless, they tore my clothes, broke my ankle, they beat me mercilessly with their guns, the slapped me,” he said.

By Owolabi’s estimate, Senator Abbo owed him N2.8m.

“I did both video and photography. I calculated it per day as we were working for him. It was during the campaign. We were in Celebration Hotel in Ife for a month and we worked at Omisore Radio station. These are the things that accumulated to that amount. His Head of Administration knew about the contract.”

Out of the N2.8m, Abbo paid only N240, 000, Owolabi claimed.

As to why he decided to bring out the issue now after about five years, Owolabi explained: “When I saw the video of the lady he beat, I was so furious that he shouldn’t have gone to that extent. Again, some people were trying to defend him, so I have to tell them that I too have experienced such a thing from him and this is my story.”

Asked if he is driven by an ulterior motive, Owolabi said: “I am not blackmailing him. He can’t deny me. His brothers can’t deny me. I have their contacts. They have called me time without number today, people that we worked together. His Personal Assistant, Musa, that we worked together has called me and said I should ‘die’ down the issue if he tries to pay me.”

Regrettably, the Senator had refused to respond to his efforts to get his attention. “His people have been calling since I opened up. I don’t know if he is the one sending them. I have the conversations of one of his staff in Abuja that is pleading that I shouldn’t have gone too far. He is asking how much I have to collect, and that they can personally rally the money and pay me without even involving the Senator”.

What if the Senator had picked his call?

“I wouldn’t have even done this at all if he had responded to my text messages and phone calls,” he replied. “I pleaded time without number to pay out of the money. I even sent my wife’s account number for him to at least pay something into the account so that my wife can use it to take care of the family I left for months, but he wouldn’t respond to my call”.

He went on:

“It’s not that he does not have money; I can assure you he has money to pay. After the incident, he called me to meet him in Lokoja. Then he wanted to work for late Audu Abubakar. We were in a hotel for two weeks, but I think Audu Abubakar did not give him much audience. I thought he wanted to use the avenue to pay me my money because I wanted to sort it out amicably. My brother wanted to contact media houses to make it public, but I discovered that if I had made a move then it would be dangerous for me. Again, I was working with Governor Fayose back then and it was on the eve of his inauguration, so I discovered that it might affect so many things.”

What does he want from the Senator––apology or his money?

“I want both,” Owolabi said.

Source: Sun News

 

Justic Karatu: FIDA, W4Wc say no to intimidation of women and judicial officers

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… video a depiction of the low regard for the law

You could almost mix up the two names. Elizabeth Kafaru and Elizabeth Karatu.

The later was a household name in Nigeria in the 1990s. She was a household name because of her knowledge of healing the body with herbs. Many followed her teachings with great results. She was a master in her own right. The former (Elizabeth Karatu ) is today nearly a household name. Not on account of the legal sagacity for which she has been known for over 30 years. Not for the healing she has brought countless minds and souls through her judgments or soundness of her reasoning but for the most banal reasons!

A couple of days ago, a video emerged online where an officer of the Nigeria Security and Civil Defence Corps (NSCDC) prevented Hon. Justice Elizabeth Karatu from entering the courtroom. Many have condemned the action.

In a press statement signed by its National President, Rhoda Prevail Tyoden, the International Federation of Women Lawyers (FIDA) called for an end to the intimidation and harassment of judicial officers all over the country and for further investigations to be made into the incident.

Another group, Women for Women Community (W4Wc) in Nigeria has expressed sadness that the entire saga has assumed religious and gender coloration. Earlier the Nigerian Bar Association (NBA) denounced the conduct stressing that it has launched an investigation into the matter.

Restating the Independence of the Judiciary as a separate arm of government, NBA urged agencies under the Executive arm to desist from intruding or doing things that would amount to unlawful interference with judicial functions and perversion of justice.

In the letter, addressed to the Governor of Kebbi State, Alhaji Atiku Bagudu, W4Wc said the escalation of this dispute was unfortunate given the fact that with the low participation of women in governance across Nigeria, yet another woman is being subjected to such twists and bends in the twilight of her career. 

Meanwhile FIDA in its release reiterated that: “The video is a depressing depiction of the lowly regard that is had for the law and for the judicial arm of government, in this country.”

“Nigeria is disheartened by the viral video which shows Justice Elizabeth Karatu, Justice of the High Court of Kebbi State, being prevented from entering the courtroom by a staff of the Civil Defense Corps. The video is a depressing depiction of the lowly regard that is had for the law and for the judicial arm of government, in this country.

“In the viral video, Justice Karatu can be heard explaining to the Corps officer that she only wanted to deliver her judgements as she still had one more day before her retirement was to take effect, to which the officer responds that he is working on instructions from management and that she should speak to them. As a result, Justice Karatu was prevented from entering the court and consequently, innocent people were denied their right to a prompt and fair trial.

“In response to the video, the Commandant General of the Civil Defense Corps, Abdullahi Gana Muhammadu has said that the Corps officer was only trying to prevent the court room from being vandalised, as the court room was under lock and key. It is contended that such an excuse is belittling of the Judge’s position in the court. It is worth noting that a few months ago, Justice Karatu was denied confirmation as Chief Judge of Kebbi state on allegations that her primary school certificate was altered. Alternative allegations suggest her denial was based on her religious beliefs, since she is a Christian and the people of Kebbi State are predominantly Muslim.

“As is stated in the preamble of the Code of Conduct for judicial officers, “an independent, strong, respected and respectable Judiciary is indispensable for the impartial administration of Justice in a democratic State”. The treatment of the most senior judge in the state, a day before her retirement, highlights a lack of respect and regard for her position as judicial officer of the state. The saga surrounding the denial of Justice Karatu’s appointment, coupled with the embarrassing treatment depicted in the video point to the larger issue of the denigration of the judiciary in Nigeria. The viral video just throws light on how the integrity and high status on the third arm of government is being ridiculed.

“As an organisation with a mandate to promote, protect and preserve the rights of women and children, FIDA Nigeria further contends that the treatment of Justice Karatu also points to the marginalisation and discrimination against women which is evident in various spheres of the Nigerian society. Unfortunately, the courts of justice are not even exempt from this. From female judges like Justice Nyako being divested of cases as a result of their husbands trials, to female judges like Justice Karatu who are hardhanded out of office, reports suggest that the treatment of female judges has been discriminatory. FIDA Nigeria uses this opportunity to call for an end to the discriminatory and disrespectful treatment meted out on Justice Karatu and other female judges in Nigeria.

FIDA Nigeria joins the Nigerian Bar Association in calling for an end to the intimidation and harassment of judicial officers all over the country and for further investigations to be made into the incident.”

W4Wc in the 7th July 2019 letter with the heading “The Matter of Justice Elizabeth Karatu” made a number of observations and recommendations.

“That Justice Elizabeth Karatu has served her entire productive life in the service of the Kebbi state government and has no other constituency to seek redress and/or recognition from.

“That the alleged accommodation given to her by you is indication that she was fully qualified to serve as chief judge of kebbi state as and when the preceding CJ retired.

“That her failure to be so appointed for the reasons alleged, seems to have precipitated a chain of unprofessional responses culminating in her Lordship being physically prevented from exercising her duties before finally bowing out from the judiciary this month.

“That we are saddened by the fact that the public discussion of what happened has assumed the coloration of religion and gender, thereby putting what started as  a matter of confirmation of appointment as Chief Judge of Kebbi state into political over drive.

“We condemn the escalation of this internal dispute and the fact that with the low participation of women in governance across Nigeria, yet another woman is being subjected to such twists and bends in the twilight of her career. 

“We urge you in the light of the above, the cordial relations with the judiciary and this concerns this issue has generated across the country, to show decisive leadership by ensuring that this matter is not drawn out any further and Justice Karatu receives her full entitlements as a Chief Judge of Kebbi state (whether acting or not).

“Notably, we observe that this dispute benefits nobody, nor is her further subjection to humiliation healthy for the system and intergovernmental relations particularly, where her intervention has become very toxic.

“Lastly your Excellency, Women 4 Women community is open to discuss this matter in further details and will be asking some of our high profile leaders to engage and break the deadlock to meaningful and inclusive communication.”