By Comrade Peter Esele

Though the recent bank robbery by five Nigerian men was given an ethnic slant by Ms. Abike Dabiri, President Mohammadu Buhari’s special adviser on foreign affairs and diaspora, Comrade Peter Esele, a former president of the Trade Union Congress (TUC) of Nigeria, chose instead to scrutinize its effects on Nigerians while probing her response to the incident.

The recent report of five Nigerians arrested for armed robbery in Dubai and the response by the senior special assistant on foreign affairs and diaspora to the president has brought upon me the above caption. Indeed robbery and drug trafficking are despicable acts that deserve unequivocal condemnation. Time and time again we often wonder why people would persevere with perpetrating crimes abroad knowing the ultimate price of jail terms and even death in some cases. However, making haste to offer banal official statements ridden with diplomatic clichés and moral sentiments do not offer much by way of solutions. We know this does not help because the problem persists. Condemnation tempered with critical thinking that raises key questions for a productive national conversation might be the way to go. Between the presidential statement and the ethnic debate that polarised Nigerians on social media, where are the deeper questions we should be asking? How many countries disparage their citizens the way we do here? Let us flip the coin for a second. If five foreign nationals were caught in a robbery scandal in Nigeria, it is the laxity of our security agencies and judiciary that will frame the debate. The errant foreign citizens will be condemned by their governments in a roundabout, convoluted language that still preserves the dignity of what it means to be an American or British citizen. The denials and all out condemnations are, of course, reserved for dual-nationals quickly rejected. Mrs. Abike Dabiri- Erewa the president’s aide, should have known that her primary responsibility is to defend and support Nigeria and Nigerians in foreign countries come what may. Rebuke with diplomacy. That is the art of her office. Therefore, initiate a consular visit to these Nigerians to ensure their rights are protected. Investigate the broader context. Did the Dubai five enter the UAE with weapons from Nigeria? If no, how were the arms procured? How easy is it to buy weapons there? Were these Nigerians contracted by locals to carry out this raid? Could it be another attempt to humiliate Nigerians? On the other hand, could there be an emerging ring of Nigerian gangs resident in the UAE making it easy for those coming to travel light? This could open up deeper issues that might lead us to understanding what is actually going on beyond “all Nigerians should be good ambassadors abroad”. Where do such clichés leave us? Does it tell us how fair and equitable the UAE justice system is? How many Nigerians have been murdered in the past in the UAE? Was justice served? We must never forget this Nigerians are innocent until the court of law says no. Mrs Dabiri-Erewa herself has in the past admitted to the shoddy treatment and possible innocence of some Nigerians caught up in alleged heinous crimes abroad. It is the responsibility of our government to stand by any Nigerian anywhere as it is done in other climes. Recently a British national was accused of spying abroad. His government fought tooth and nail to get him home while also carrying out their own investigations and vigorous diplomatic engagements on his behalf. The point is, ride or die, when one too many nationals start falling through the loop, the value of what it means to be a British citizen will be diminished abroad both for the innocent and guilty. After all, if their government does not value them, why should any other? I am not justifying crimes. I am simply making the point that the Nigerian government should stand for its people abroad and conduct a critical analysis of the situation. They should act in accordance with laid down processes and rule of law. When you name, shame and humiliate the so-called guilty, you make it harder for others, even the innocent to be respected and treated with dignity abroad. The sad part is that as with everything Nigeria, the ‘D5 saga’ has been buried under ethnic debates in the media, particularly social media platforms. There is a bigger picture here we should be looking at and that is how it affects us all. What can be done to mitigate such incidents and equally ensure no Nigerian is maltreated anywhere in world? How do we also stop those with criminal intents from this perennial crises of national image defamation regardless of their tribe and creed? I am neither Igbo nor Yoruba. I am Nigerian and I care what happens to us all and this is why I have decided to cry rather than laugh at the fallout from this saga. Peter Esele, a former president of the Trade Union Congress (TUC) of Nigeria.

Comrade Peter Esele, a former president of the Trade Union Congress (TUC) of Nigeria.

By Chidi Odinkalu

Despite manifest incongruities in the official story-line concerning Buhari’s decision to remove the Chief Justice of Nigeria in Jan 2019, I was willing to suspend my disbelief & wait for government to present evidence to support its claims of asset malfeasance in the Onnoghen trial

When it launched its fevered campaign against the Chief Justice before the Onnoghen trial in the month before #NigeriaDecides2019, the government claimed through its hired hands that he had money running into Billions in multiple bank accounts and over 55 houses

Hired amplifiers were procured to skewer a man who could not defend himself. In the media, he was a thief, a rogue and much worse.

Digital lynch mobs, many of them amplifier bots with transparent ends to serve created a mood music with a life of its own.

#OnnoghenTrial

Given the opportunity to back up its claims, the government’s case at the #OnnoghenTrial has turned out to be a despicable, venal fantasy.

There were no billions, no 55 houses, no fantasy FOREX in make-believe domiciliary accounts. A government decided to make up lies against an innocent man

By way of a useful comparison-based evidence from the #OnnoghenTrial, Chief Justice Walter Onnoghen, who has spent a lifetime in private legal practice and judicial public service, is much poorer than Yusuf Buhari who has just been “awarded” his NYSC discharge certificate.

If the Onnoghen trial showed that the Chief Justice had anything like the assets the government originally claimed, he’d surely have had a case to answer.

Now it’s clear that was all made up; the government has a burden to investigate and explain how it chose to mislead Nigerians and the world.

In the end, it’s difficult for the Buhari government to escape the perception that it conspired to orchestrate Onnoghen trial because of personal animus towards the man related to his origins and to factors that had nothing to do with his performance on his job.

Government should not do that!

The damage done by the Buhari administration in the manner that it  procured the Onnoghen trial will take more than a generation to address.

This is more than about one man and his fate. If a government can conspire to pervert institutions as it has done in this case, no one is safe!

Prof. Chidi Odinkalu, former Chairman of Nigeria’s National Human Rights Commission is currently the senior team manager for the Africa Program of Open Society Justice Initiative.

The judge found the DA’s prosecutors “were acting as investigators searching for probable cause, as opposed to acting as prosecutors with probable cause preparing for prosecution. As such, at this time, prosecutorial immunity does not protect the actions.”

A former Texas district judge who was wrongfully convicted of nine felonies and later acquitted—because the allegations against her broke no Texas law—has moved a step closer to holding prosecutors accountable for alleged malicious prosecution.

Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas ruled yesterday that the prosecutors who investigate and prosecuted former 380th District Judge Suzanne Wooten of Collin County cannot claim that prosecutorial immunity protects them because they acted as detectives, rather than just prosecutors.

“This was not a case where the police investigated a crime to find a suspect, but rather where the prosecutors investigated a suspect to find a crime,” wrote Mazzant in the March 27 opinion in Wooten v. Roach, which denied all but one argument in the defendants’ motions to dismiss Wooten’s lawsuit.

The defendants are Collin County, its former District Attorney John Roach Sr. and former Assistant District Attorney Christopher Milner, former Texas Attorney General Greg Abbott—he’s now Texas governor—and former Assistant Attorney General Harry White. White and Abbott’s press office didn’t respond to a request for comment. Matthews, Shiels, Knott, Eden, Davis & Beanland partner Bob Davis of Dallas, who represents Collin County, Roach and Milner, declined to comment.

Wooten’s lawyer, Scott H. Palmer, said she feels elated by the ruling.

“She understands there’s probably more to come,” said Palmer, president of Scott H. Palmer PC in Addison. “These guys did this on their own: They targeted her and took this on lock, stock and barrel, and investigated their own case. That’s not what prosecutors do normally. It sends a message to prosecutors across the state and the land: Don’t engage in this type of behavior, because if you do and it blows up in your face, you are going to get sued.”

Wrongful Conviction

The opinion explained the background of the case. In March 2008, Wooten defeated incumbent 380th District Judge Charles Sandoval in the Republican primary in Collin County. Sandoval filed a complaint against Wooten, alleging she cheated during the election. The DA’s office, headed by Roach at the time, investigated Wooten’s campaign without law enforcement’s help. Later, the AG’s Office joined the prosecution. The two-year investigation ended with Wooten indicted in October 2010, and re-indicted in July 2011.

The prosecution’s theory was that a married couple, David and Stacy Cary, gave contributions to Wooten’s campaign through James Spencer, Wooten’s campaign consultant, who also did consultant work for the Carys. The central allegation was that the Carys funneled money through Spencer to Wooten’s campaign, in exchange for Wooten to file to run as a judge, campaign against Sandoval and issue favorable rulings in the Cary family law cases, Texas Lawyer reported.

The Carys and Spencer became co-defendants in Wooten’s case, and each was tried separately and convicted by juries. As for Wooten, she faced convictions for six counts of bribery, one count of engaging in organized criminal activity, one count of money laundering and one count of tampering with a government record, the opinion said.

Texas Lawyer previously reported that in the end, a jury convicted Wooten of the nine felonies in November 2011, and the state offered her 10 years of probation if she would resign and waive her right to appeal. She accepted but still pleaded not guilty and never waived her right to habeas corpus relief. She was sentenced to 10 years of probation and a $10,000 fine.

Mazzant wrote that Spencer took a plea deal. The Carys appealed their convictions, and eventually, those appeals wound up in the Texas Court of Criminal Appeals, which in December 2016 acquitted the Carys of all counts, ruling the allegations against them weren’t a crime under Texas law.

Using that reasoning, Wooten filed for habeas corpus relief and won her acquittal in May 2017. She had been disbarred because of her conviction, but upon her acquittal, Wooten won back her law license.

Continue reading: https://www.law.com/texaslawyer/2019/03/28/wrongfully-convicted-ex-judge-wins-ruling-in-malicious-prosecution-lawsuit/

By Kirsten Okenwa

Living in Northern Nigeria has made me somewhat thick skinned to girl-child brides. I do not cringe anymore when I pass them on the streets, or in the markets or malls. I am sure many citizens are like me. We have grown callous to this evil, and often look the other way. I used to be very vocal about my displeasure in child marriage and the resultant health and psychological problems. Now, I just try.

Child marriage continues to be one of the greatest barriers that prevent girls from realising their full potentials. It curtails their education, exposes them and their children to increased risks in childbirth, and limits their opportunities for the future. 

Unlike some of us, many young people in Africa are at the forefront of ending this practice of child marriage. Below, is the remarkable mission of a young lady, Maryam from Northern Nigeria where only 4% of girls complete secondary education. She is campaigning to end child marriage and sexual abuse, and to ensure girls have access to education and reproductive rights. Writer, singer, reporter and leader, Maryam uses her voice to hold governments accountable.

Maryam from the Save the Children Foundation :

 “I am campaigning to end to child marriage and sexual abuse, and to ensure girls have access to education and reproductive rights. For the past four years, I have worked with various organisations and the media to promote the well-being of girls. I organise discussions with adolescent girls where they talk about issues they face.I use my voice to hold government accountable. I produce songs and speak at forums on girls health and education. I am a youth reporter and the leader of the Chibok girl’s ambassadors, where I organized marches demanding the release of the Chibok girls.

I would like my community to change the mindset about educating girls because educating and empowering girls is one of the best ways to eradicate poverty. I would also like my community to change their views on child marriage, because it leads to many health challenges for girls. 

I am calling on our leaders to include us when making decisions that affect our lives. I urge them to set up programs that will remove social barriers that limit us or hurt us, and to establish laws and policies that protect our rights. 

I will be 30 when the Sustainable Development Goals will end. This means my generation is responsible for holding leaders accountable for delivering these goals. By investing in my health, my education and my decision making capacity, the cycle of poverty can be broken and all of the sustainable development goals can be achieved simply by empowering me to reach my full potential.”