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Managing Workplace Politics: If You Don’t Play, You Will Pay

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I had two bosses of mine who wanted me to work with them directly in 2002. Both bosses were highly competitive and I was caught in a crossfire, kind of.
Both of them sent a mail to HR requesting for me and HR now sent me a mail that I should make a choice. The HR person copied both bosses the mail sent to me. How do I make a choice without offending the other?

Eventually, I told both of them (separately) that they are my bosses and whatever they decide is okay with me. One of them now sent a mail to HR that I agreed to work with him.
I was subsequently deployed to him- of course, the other person felt slighted but the issue was handled well because the mail did not emanate from me. That was actually my introduction to office politics.
All workplaces are political because of 3 major reasons:

  1. We carry our personal lives into our professional lives.
  2. Politics is about people. Where there are people, there will be politics.
  3. Everyone has an agenda in the workplace. For some it’s promotion, salary, etc
    For as long as there are diverse opinions, competing interests and different personalities, there will be politics in the workplace. You can’t run away from office politics as if you don’t know how to play well, you’ll pay for it.
    Your work alone will not get you promoted, especially at certain levels. There is someone else who knows what you know. How well you manage or handle office politics is a predictor to how far you will go. You’ll be left behind if you don’t know how to handle it.
    You don’t have to play dirty. The higher you rise in your career, the more politically savvy you must be. Achieving set targets and your KPIs is just half of the job. Talent is not enough.
    There are 3 major factors that may help us understand the workplace:
  4. Power & Influence Structure

Who are the real brains behind the business?

Who are the key decision makers?

Who are the influencers?

Who is respected?

Who champions or mentors others?

In every office, there are formal and informal leaders. There are leaders without titles. The secretary to the boss may be very influential. Know who holds power or wield influence.

  1. The Rules

There are written rules and unwritten rules. Written rules include staff handbook, etc. Unwritten rules can be as basic as who sits where, etc.

  1. The Culture

Is it conservative? Innovative? Hierarchical?

Culture is the way things are done.
During the banking consolidation era, I was part of two organisations that came together. In my legacy company, we had a first-name basis policy.
However, when we merged with the other organisation, I called another colleague in the other company by his first name and he took a serious exception to it. I had to prostrate to apologize because he threatened to deal with me. Understand the culture of the place where you work
12 tips on handling workplace politics:

  1. Understand the political landscape and culture. Don’t ‘jump’ when you get to a new place or environment. Observe.
  2. Develop your social skills and relational intelligence.

Network. Build relationships.

  1. Don’t wear your emotions on your sleeves at work. Be careful how you send mails. Never send mails when angry. Don’t get personal.
  2. Mind your speech when you’re with power brokers or in the office. Don’t say what you’ll be ashamed of if you’re quoted. Be careful when others carry gossips to you. Silence can never be misquoted.
    Never speak ill of your boss. .

I end up hearing what my subordinates say about me.

  1. Be quick to adapt when there is a leadership change. Change is constant- expect it.
  2. Be good at reading people, especially your superiors. Study their moods. You’ll be more effective if you can read your bosses more correctly.
  3. Give credit to your boss and demonstrate loyalty. Every boss likes those who make them look good. It’s just human nature.
  4. Be in the good books of the immediate staff of your boss. Don’t under- rate them. They have more influence than you think.
  5. Cultivate relationships. You’ll go far if you know how to manage relationships. Your relational intelligence will take you father than IQ can. Be likeable. People recommend only those they like.
  6. Never display your ambition openly.

Everyone has ambitions. Be careful who you share your plans with. Don’t cast your pearls before swine. Maintain a guard on your lips.

  1. Develop other abilities that make you relevant and indispensable at work.

Have cross-functional skills. Don’t be a one-role specialist.

  1. Be professional in all you do.

You’ll be hard to get if you’re professional.

(Excerpts of a presentation at a workshop) copied.

The Story of Qaphela Titus Gobodo who is turning tragedy to truimph

To celebrate the birthday of former South African President Nelson Mandela, Ultimate Rugby has decided to share the story of Qaphela Titus Gobodo whose life was almost taken away from an act of jealousy, hatred and racial prejudice.

Nelson Mandela’s birthday is now celebrated across the globe with the idea that each individual has the power to transform the world, the ability to make an impact. The idea is that Mr Mandela spent 67 years making the world a better place and the campaign asks you for 67 minutes of your time doing something positive for their communities in honour the late Nelson Mandela.


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Today, we share the story of Qaphela Titus Gobodo from Wellington, Western Cape in South Africa. 

Qaphela was attacked by four boys who were walking behind him, one of the boys hit him on the head causing him to collapse to the ground. The boys poured paraffin or thinners, all over his body, and set him on fire. An ambulance was called, and he was rushed to Paarl Hospital.

Why was this done? All of this was because he got a bursary from Hoerskool Garsfontein in Pretoria after he displayed his rugby ability at his school where he happened to be the only great black player amongst his teammates.

When he went back to school, he received no but he became a laughing stock. He didn’t care what his peers said or thought about his appearance. All he wanted was to recover, so he could go back to the field and do what he does best, play rugby!!!

Qaphela wasn’t receiving the best medical attention, as his mother didn’t have enough funds to get him the best medical help.

Today he is on the road to full recovery and has started training for rugby again and recently posted photo shoots he had on the rugby field. 

Those who can lend a hand and help in any way can get in touch with Qaphela via his Facebook page here . No justice has yet been done concerning the boys who committed this heinous crime.

A crowd funding page has been launched to help Qaphela and his family. 

CLICK HERE TO DONATE TO QAPHELA

Story via: Joyful FM

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My story,and what I learnt about vision

By Kingsley Moghalu

I decided at age 13 that I would have a global career in the international civil service of the United Nations. My friends in secondary school laughed at me and called me a “dreamer”. Later, at the Law Faculty of University of Nigeria Nsukka (Enugu Campus) I would make sure I sat behind the class, reading TIME magazine as a particular professor of a particularly boring law subject droned on (needless to say I didn’t do particularly well in his exams!).

I joined the UN at 29. In the 16 years in between, my vision never wavered. In Lagos, where, after my National Youth Service Corps assignment as a Legal Officer in Shell Petroleum, I was on my first job as General Counsel of Newswatch Communications, publishers of the leading newsmagazine Newswatch at the time, I passed up a chance to join a new bank in Lagos to go abroad for a master’s in 1991. “You are too idealistic Chiedu”, an older friend and wealthy businessman who was dangling this banking-job prospect told me. “Sit down in Lagos and let us make money!”

But I knew exactly what I wanted and where I was going, and applied the principle of delayed gratification – the long view. When I wrote to the US Embassy in Lagos that I’d been accepted at The Fletcher School of Law and Diplomacy at Tufts University in Boston and needed a visa, they were impressed. “Many of our best were trained there”, I was told.

“Just send your passport over”. I did. They returned it with a student visa stamped on it and a travel grant to cover my ticket plus some change. I left for the US without physically touching foot at the embassy, with a ticket they bought for me, and joined the UN straight from my master’s degree at The Fletcher School (I later did my doctorate part-time at the London School of Economics while working in the UN system in Geneva).

A full 18 years later I returned home as a Deputy Governor at the Central Bank of Nigeria. That wasn’t part of the original plan, but we are not in total control of our lives, and sometimes destiny plays out in ways unforeseen. The rest, including returning to the elite institution as a professor after my tenure at CBN, is history.

Have a vision. Hold it in front of your mind’s eye, work hard, and look unto God. The vision may tarry awhile, but it will be realized in due time.

God does not come down to earth to intervene, but acts through human beings for His Will to come to pass. And so there are, of course, other players-destiny helpers – in my story: my late father Isaac Moghalu for one, who strongly encouraged my interest in world affairs when he noticed I had that passion early on. Ray Ekpu, then CEO and Co-founder of Newswatch with the late Dele Giwa, Dan Agbese, and Yakubu Mohammed – “the quartet”. Professor Bolaji Akinyemi, our former Foreign Minister (and an alumnus of The Fletcher School) whose intervention with the prestigious institution after I approached him with my admission letter helped me secure the Joan Gillespie Fellowship that covered my tuition. Dr. Yemi Ogunbiyi, then of The Guardian, who, along with Ray, provided professional and character references to the US Embassy.

There were Rafeeuddin Ahmed of Pakistan and Dr. Shashi Tharoor of India (now Member or Parliament of India and Chair of the Foreign Affairs Committee) two senior UN officials in those days who also were alumni of The Fletcher School (“The Fletcher mafia”). Both were instrumental to my joining the UN. Of course there was also the late Kofi Annan, my boss in my early years in the Organization even before he later became Secretary-General.

There was Sanusi Lamido Sanusi, now Muhammadu Sanusi II, ex-Emir of Kano, who recommended me to President Umaru Yar’Adua for appointment as his deputy at the CBN, a recommendation backed up strongly by Dr. Ngozi Okonjo Iweala. And then there was Admiral (Dr.) James Stavridis (Ret.), former Supreme Allied Commander of NATO, who, as Dean of The Fletcher School of Law and Diplomacy, hired me as a Professor of Public Policy at the institution after my time at CBN.

May God bless these men and women.

The point is that hard work matters. Integrity and character matter. People are more inclined to support people who’s hard work and track record already speaks to their potential. And one has also met rejections – several – along the way. So don’t think it’s just one straight-line story. No. But, always, my advice is to be focused, and keep your eye on the price, whatever that price is for you.

Ndigbo, scorned in Nigeria, making waves globally

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By Ikechukwu Amaechi

Kelechi Madu taking his oath of office as Minister in Canada last year

Two Nigerians of Igbo extraction recently pulled off spectacular world-class feats that exemplify possibilities in an environment that rewards hard work and merit. 

In July, Leeds Trinity University in the United Kingdom appointed Professor Charles Egbu Vice Chancellor to take over from Professor Margaret House on November 1.

Egbu has been everything in British university circles in the past 25 years after he obtained a first class degree in quantity survey from Leeds Metropolitan University and a doctorate in construction project management from the University of Salford.

He was Pro Vice-Chancellor at the University of East London and Dean of the School of Built Environment and Architecture at London South Bank University.

He was previously at the University of Salford, Glasgow Caledonian University and University College London.

He was director, trustee and chairman of the professional standards and knowledge committee of the Association for Project Management.

In May 2017, Egbu was admitted to the Worshipful Company of Constructors and earned the Freedom of the City of London. He is the immediate past president of the Chartered Institute of Building (CIOB) and was a governor and member of the London Design and Engineering UTC.

By his new appointment at Leeds Trinity University, he is the first Nigerian and Black African to become VC of a ranked UK university.

A man of excellence, Egbu has written 12 books and contributed to more than 350 publications in various international journals.

Jamie Hanley, Chair Designate of the Board of Governors at Leeds Trinity University, said: “Professor Egbu brings with him a wealth of experience and extensive knowledge of the higher education sector.

“His energy and vision stood out throughout a very competitive recruitment process …”

And there is Kelechi Madu, 46, who made political history in Alberta, Canada in 2019.

At the time, self-acclaimed Nigerian political maharishis were calling his kinsmen back home politically naïve – and the political fortunes of Ndigbo were, expectedly, floundering in the cesspit of Nigerian politics and its asinine leadership recruitment process.

But Madu was making waves in faraway Canada, rekindling the belief that where merit is the yardstick for success, Ndigbo will hold their own, retaining positions of strength in challenging situations.

On April 30, 2019, Madu took oath of office as Minister of Municipal Affairs of the Province of Alberta, Canada with the third largest portfolio of over $3.7 billion.

But that was only half of the story then.

On May 21, he also took another oath of office as a lawmaker, elected same year to the Legislative Assembly of Alberta representing Edmonton South-West.

Madu’s achievements in Canada are so remarkable because not only was he born and raised here in Nigeria, he also had his tertiary education at the University of Lagos where he read law and was later called to the bar.

When he migrated to Canada in 2005 with his wife, Emem, he was already 31 years.

But in 14 years, he became the toast of Canada’s sophisticated political class, a feat he couldn’t have dreamt of, not to talk of achieving, outside his home state of Imo if he had stayed back in Nigeria to pursue his political career.

Even in Imo, it would have been a tall order not being a money bag and not having the capacity for violence.

A lone United Conservative Party (UCP) lawmaker in Edmonton, where UCP remains an opposition column, Madu won in one of the closest races garnering 7,742 votes to beat John Archer of the New Democrat Party (NDP) who polled 6,974 votes and Mo Elsalhy of the AP with 2,111 votes.

When he won the UCP nomination in December 2018 defeating fellow party members Sohail Quadri and Kevin Greco, party leader, Jason Kenney, now Alberta Premier, said: “He is a member of the Igbo Cultural Association of Edmonton and supports his community league activities and his church.

“Kaycee’s legal expertise and his unique understanding of the challenges faced by newcomers to Canada make him a valuable member of the United Conservative team as we work to present Albertans with a common-sense alternative to the NDP.”

His being Igbo and identifying with his people is not a liability for him in Canada. In Nigeria, you are expected to denounce your “Igboness” to be accepted as a good Nigerian. 

The values that matter in the leadership recruitment process in Canada are character, hard work and excellence. These are the qualities that earn someone an invitation to the leadership table.

Madu has them, and today he is the toast of the global political community.

In Nigeria, a Kaycee Madu from a very humble background – family of 11 children, illiterate parents, a 90-year-old father who was a petty trader and farmer – without sacks of money and zero appetite for thuggery would never have been invited to that table. 

It is instructive that while Madu with neither a political godfather nor a deep pocket, was making these giant political strides in his adopted country in 2019, his kith and kin in Nigeria were being visited with violence in parts of the country for daring to vote for candidates of their choice in a general election.

For daring to exercise their franchise according to the dictates of their conscience, they were branded illegal immigrants and unconscionable land grabbers in Yoruba land by people like Femi Kusa, a veteran journalist, who should have known better.

But Canada is not Nigeria. There is no envy, no jealousy. Public office is a call to service. It is a sacrifice.

Societies that want to make progress go for the best, which explains why a year after, Madu was appointed Minister of Justice and Solicitor General for the Government of Alberta and Provincial Secretary and Keeper of the Great Seal of the Province of Alberta – another new high – he became the first African Minister of Justice in a Canadian government.

On his twitter page, he promised to ensure that everyone in Alberta has access to equal justice.

“Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination.

“I look forward to working on many critical democratic reforms, including recall legislation and important citizenship initiative referendums, and taking the lead role on the implementation of our government’s fight for a fair deal within confederation,” he said.

That is the essence of governance.

President Muhammadu Buhari described Madu’s appointment as “historic,” and a proof that Nigerians are go-getters, who will always “distinguish themselves in different walks of life.”

Former Vice President Atiku Abubakar said Madu’s feat is proof that “Nigerians are indeed global players with unlimited capacity to impact our world positively.”

While these tributes are deserved, the truth remains that it would have been impossible for Egbu, an Igbo from Abatete, Idemili LGA of Anambra State, to be appointed Vice Chancellor of University of Lagos in today’s Nigeria, no matter how brilliant he is.

Even if Madu, an Igbo from Umuokirika, Ahiazu-Mbaise LGA, Imo State, was born and raised in Lagos, he would still have been declared a persona-non-grata for daring to contest election in the state where he was born.

Societies desirous of making progress in the 21st century use the ennobling qualities of character, integrity, competency and sundry skill-sets as yardsticks for leadership recruitment.

In Nigeria, we deploy debilitating primordial ethno-religious sentiments in making the decision. And yet, we wonder why the country continues to plumb the depths of mediocrity, abject poverty, squalor and misery.

Indeed, there was a country, as the late literary icon, Professor Chinua Achebe, would say.

thenicheng

CUPP rejects fuel price increase

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..describes increase as wicked, insensitive and a plot to kill more Nigerians with suffering

..plans legal action

…Will commence reach out and mobilisation of civil society organisations and organised groups for mass civil action.

The Coalition of United Political Parties (CUPP) has received with shock and disbelief the decision of the Muhammadu Buhari administration to approve astronomical increase in fuel price at this time that Nigerians are already suffocating under the weight of numerous taxes.

Opposition political parties note that this increase is coming barely one day after the increase in electricity tariff by this same government took effect.

We therefore reject this senseless, heartless, insensitive and wicked increase in its entirety.

The CUPP holds the view that this latest poison from the chalice of the All Progressives Congress’ government is meant to kill more Nigerians with suffering contrary to the oath Buhari swore to protect them.

We are therefore calling on this government to rescind this unpopular decision with immediate effect.

Failure to do this, the CUPP will be taking a legal action to force this government to do so.

Apart from the legal option, we shall also begin to reach out with a view to mobilising civil society organisations and organised groups for mass action.The Opposition Coalition Human Mobilisation head,Barr.Kenneth Udeze will in the days ahead start meeting with organised groups to mobilise them to be on same page with the Opposition

We urge Nigerians to be ready to take active part in the proposed mass civil action in case the Federal Government, in its usual style, turns a deaf ear to our legitimate and patriotic call.

Ikenga Imo Ugochinyere
National Spokesperson of Nigeria Opposition Coalition CUPP

Udoma & Osagie, Bowmans forge Alliance

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Leading African law firms, Udo Udoma & Belo-Osagie (UUBO) and Bowmans, have announced that they are taking a major step forward in collaborating to support clients across the continent.

From 1st September 2020, UUBO and Bowmans have entered into a formal Alliance Agreement that will see the two firms working much more closely together. This Alliance will replace the ‘best-friends’ arrangement that has been in place for several years.

With a presence in eight key African countries: Ethiopia, Kenya, Malawi, Mauritius, South Africa, Tanzania, Uganda and Zambia, and over 400 specialist lawyers, Bowmans’ reputation for providing specialist legal services in the fields of corporate law, banking and finance law and dispute resolution spans over a century.

‘There are strong existing synergies between us – in services, culture, values, ethics and professionalism’, says Aniekan Ukpanah, Managing Partner at UUBO. ‘The Alliance gives us the opportunity to tap into the Africa-wide capabilities and presence that Bowmans offers.’

‘I’m delighted with this development,’ adds Robert Legh, Bowmans’ Chairman and Senior Partner. ‘UUBO is recognised as one of Nigeria’s elite law firms. Nigeria is the continent’s largest economy and the 26th largest economy globally. It’s also Africa’s most populous nation. Our Alliance with a firm of the calibre of UUBO is very good news for our respective clients across the continent.’

Having been in a best-friends relationship for several years, the two firms appreciate one other’s strengths and capabilities and have developed a mutual understanding and trust.

Mr. Legh continues, ‘Nigeria has significant potential, but is also a complex jurisdiction from a legal and regulatory perspective. It will be good to be able to work with the team at UUBO to better serve our clients, not only in Nigeria, but elsewhere on the continent.’

UUBO has 15 partners and 72 associates working from offices in Nigeria’s three main commercial centres, Lagos, Abuja and Port Harcourt, as well as an associated firm in Ghana. The firm is highly ranked and has maintained Tier 1 status across several of its practice areas, including Corporate Advisory, Banking & Finance, Private Equity, and Projects and Energy.

Mr. Ukpanah concludes, ‘While the Alliance is not a merger and both firms will remain independent, the Alliance also gives UUBO a valuable opportunity to extend the firm’s reach into the African market, in pursuit of our vision of providing pan-African legal services and supporting our respective clients and our people as they seek to overcome challenges and unlock opportunities across the continent.‘

The Minimum Financial Threshold for EFCC Cases.

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The Minimum Financial Threshold for EFCC Cases. Daily Law Tips (Tip 644) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

What is the minimum amount of money (financial threshold) that must be involved in a financial crime, for the Economic and Financial Crimes Commission (EFCC) to get involved in investigation/prosecution? Rightly or wrongly, there is a believe out there, that Economic and Financial Crimes Commission (EFCC) has a financial threshold for crimes it can investigate or will want to investigate. Ever wondered what a high profile case is and how that term penetrated Nigerian legal system? This work examines the financial threshold of the EFCC through legislative (doctrinal) and sociological (non-doctrinal) tools.

The EFCC is a federal government agency, created by law in June 2004 as the Financial Intelligence Unit in Nigeria, empowered to fight money laundering and to enforce all laws dealing with economic and financial crimes in Nigeria. The specific relevant functions of the EFCC, as stated by its establishing law, are;          

  1. “the investigation of ALL financial crimes including advance fee fraud, money laundering, counterfeiting, illegal charge transfers, futures market fraud, fraudulent encashment of negotiable instruments, computer credit card fraud and contract scam”; 
  2. “the co-ordination and enforcement of ALL economic and financial crimes laws and enforcement functions conferred on any other person or authority”; as well as 
  3. “the examination and investigation of ALL reported cases of economic and financial crimes with a view to identifying individuals, corporate bodies or groups involved”.

One common word in all the above three (3) functions of the EFCC, is “ALL”. In summary the EFCC has powers and the responsibility to enforce all laws relating to economic and financial crimes in Nigeria as well as to investigate ALL financial crimes on its own, even where there is no report/compliant/petition and also to powers to investigate ALL reported cases of economic and financial crimes.  Special powers of the EFCC, is that it can on its own commence investigation on any person, group or corporate entity, especially “where the person’s lifestyle and extent of the properties are not justified by his source of income”.

All through the 47 sections of the federal law that establishes the EFCC, there is no threshold or financial limitation/cap on the economic and financial crimes that the EFCC can investigate and prosecute. Furthermore, by the words of the law, no threshold was intended or implied rather an unlimited powers is offered and rested on the EFCC over all the economic and financial crimes. Hence, the EFCC has statutory duty to investigate all economic and financial cases and where there is a probable case, the EFCC is to prosecute. This is the reason, the EFCC can be sued by a person, for the EFCC to be compelled by court to investigate a financial crime.

Unfortunately, in reality and operations, the EFCC cannot investigate all the petitions/complaints it receives in a day. Imagine this picture, Nigeria with a huge population (unofficially rated at over 200 million), with many politicians, scammers, companies and businesses as well as unregistered businesses and foreigners in Nigeria, only one federal agency is to combat economic and financial crimes. With low access to justice, part of the works of the EFCC will include to investigate and reject many civil disputes often disguised as crimes, maliciously or ignorantly by complainants and their lawyers. 

Statutory powers and duties need resources; funds and capacity to come to life. Like we say in Nigeria, “good soup na money make am” (good results are products of good/hard work). Both the budget and operational/technical abilities of the EFCC are very poor even as they are expected to investigate hundreds of cases in a country without reliable database of ex-convicts, social security numbers and houses addresses of citizens. 

Furthermore, the  report of Umar, Samsudin and Mohamad, reveals that the EFCC is under performing due to “factors such as lack of commitment; inefficient judiciary; insufficient budgets; and incompetent personnel.” By the way, the internal structure and leadership of the EFCC is not left out, with the report stating that, “there also exists insufficiency of personnel, professionalism and the dominance of police in the realm of the leadership of the EFCC”. With the recent 2020 reports and investigations of corruption in the leadership of the EFCC, one wonders what is left of the alleged insufficient budget and personnel incompetency of the commission.

High profile cases in Nigeria are cases with enormous attention, often caused by the status/network/networth of the parties involved (suspect, complainant, victim or government), the sum involved, frequency of crime, media focus or political gains. High profile cases are also good for the profile and the ego of leadership of any concerned law enforcement agency in Nigeria. Parties involved in high profile cases are popular, with easily traceable investments, addresses and reliable data; so they are easier jobs for law enforcement agencies, where there is political will and no corruption. Hence, it is not strange that the EFCC may invest its very limited resources in high profile cases. However, there are no little thieves and all financial crimes are crimes enough. There  is no need for justice to sought based on the sum or party involved. 

The effect of the present approach of the EFCC, includes; lack of trust by the public and the assumption that the EFCC is unserious, discriminatory, political and that there is a financial cap/limit for crimes to be handled by the EFCC. Many people believe that economic/financial crimes involving less than One Million Naira (N1,000,000.00) or without highly placed Complainants may not receive the attention of the EFCC. By the way, fraudsters are off radar once they diligently maintain their crimes below the perceived financial threshold of the EFCC. 

To further maximise the low resources of the EFCC is “Plea Bargain”, which is often employed in high profile cases and utilised enormously by politically exposed persons. According to Justice Dahiru Musdapher (former Chief Justice of Nigeria), “Plea Bargain” is designed “to provide [a] soft landing to high profile criminals who loot the treasury entrusted to them.” A report of high profile cases in 2007 to 2010 under the EFCC, according to The Stolen Asset Recovery Initiative (a partnership between the World Bank Group and the United Nations Office on Drugs and Crime (UNODC)), shows 54 cases of politically exposed persons (mostly former governors, federal ministers, federal legislators and heads of big corporations) and the least sum therein was the case of 10 million Naira against Iyabo Obasanjo-Bello (then serving Senator). 

The discoveries of Hassan Umar and Kasim Umar from field study conducted with questionnaires, to assess the “perception of Nigerians on the strength of the EFCC against its functional responsibilities to determine the adequacy and appropriateness of the powers”, are more shocking. According to Umar and Umar, relying on primary and secondary sources, their research revealed that “… EFCC lacks adequate prosecutorial powers; it also cannot effectively ensure and monitor compliance to the limit of foreign currency transfer ($10000) and the local cash transaction limit; the court system in Nigeria has also frustrated the efforts of the commission in addition to the unruly behavior of some senior legal counsels who often connive with some judges to subvert justice….”. 

Furthermore, the Umar and Umar study revealed that “… the areas of crime  covered by the EFCC as provided for by the law is much for the EFCC that some crimes like in the casino operations, drugs and narcotics, use of supernatural powers, etc. received less attention (3.67). EFCC should focus more on financial crimes, fraud and advance fee fraud only (4.03). The Nigerian court system has frustrated the efforts of the EFCC through delays and incessant  injunctions  (4.01).  The  senior  legal  counsel  usually  connive  with  the  judges  to  subvert/manipulate judgements in favour of their clients (3.75)…”.

In summary, statutorily there is no law or regulation that stops the EFCC from investigating and prosecuting any economic or financial crime cases. However, the EFCC has little resources to apply to the too many pending cases and new demands for investigation. Hence, the EFCC appears to be unserious and discriminatory in its investigation and prosecution, focusing on high profile cases involving huge sums and often politically exposed persons. Expectedly, this has created a safe heaven for some offenders in crimes involving low sums, poor complainants or  persons that are not out politically/religiously/militarily/royally exposed or connected. 

Above all, like Odi Nwankwo recommended, “… activities or programmes of the anti-corruption agencies in Nigeria such as the Economic and Financial Crime Commission (EFCC) … should be strengthened” and effectively checked. I add that the EFCC should respect rule of law, be independent of politicians, have higher budget and accountability process and it’s leadership should not be limited to police officers. Click to read my other works in criminal justice in Nigeria.

My authorities are:

  1. Sections 1, 2, 6, 7, 46 and 47 of the Economic and Financial Crimes Commission (Establishment) Act 2004. <https://www.imolin.org/imolin/amlid/data/nir/document/economic_&_financial_crimes_commission__establishment__act_2004.html> accessed 29 August 2020.
  2. Umar, Samsudin and Mohamad, “Ascertaining the effectiveness of Economic and Financial Crimes Commission (EFCC) in tackling corruptions in Nigeria” (2018) 25(7) Journal of Financial Crime. 1, 9. <https://www.researchgate.net/publication/326564312_Ascertaining_the_effectiveness_of_Economic_and_Financial_Crimes_Commission_EFCC_in_tackling_corruptions_in_Nigeria> accessed 29 June 2020.
  3. Hassan Umar and Kasim Umar, “The  Economic  and  Financial  Crimes  Commission  and Corruption  Management  in  Nigeria:  A  Perceptual Assessment of its Legal Framework” (2016)3(2) Asian Journal of Social Sciences and Management Studies. 140, 144 <https://www.researchgate.net/publication/97755483_The_Economic_and_Financial_Crimes_Commission_and_Corruption_Management_in_Nigeria_A_Perceptual_Assessment_of_its_Legal_Framework> accessed 29 August 2020.
  4. Odi Nwankwo, “Impact of Corruption on Economic Growth in Nigeria” (2014) 5(6) Mediterranean Journal of Social Sciences. 41, 45 <https://www.researchgate.net/publication/271104628_Impact_of_Corruption_on_Economic_Growth_in_Nigeria> accessed 29 August 2020.
  5. Hanibal Goitom, “Plea Bargining: Nigeria” (Library of Congress, 2019) <https://www.loc.gov/law/help/plea-bargaining/nigeria.php> accessed 29 August 2020, citing Ikechukwu Nnochiri, CJN Abolishes Plea Bargain, Vanguard (Nov. 16, 2011), https://perma.cc/C3TS-VMHV.
  6. The Stolen Assets Recovery Initiative, “ECONOMIC&FINANCIAL CRIMES COMMISSION, EFCC ON-GOING HIGH PROFILE CASES – 2007- 2010” (SARI) <https://star.worldbank.org/corruption-cases/sites/corruption-cases/files/documents/arw/Ibori_Nigeria_EFCC_High_Profile_Cases.pdf> accessed 29 August 2020.

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Oral Application for Bail is Allowed in High Courts.

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*Oral Application for Bail is Allowed in High Courts.* Daily Law Tips (Tip 643) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

In Nigeria, like in other countries, there are types of courts (inferior/state-owned and superior/federal-owned courts). There is a hierarchy, with some courts being at the base for small claims and simple offences. The courts at the base of the hierarchy of courts are courts of summary jurisdiction, with little need for writing/documentation (they are often referred to as “inferior courts”). The inferior courts are created by state laws and often allow oral applications (motions, prayers/requests). Since the Federal Capital Territory (FCT) has no state legislature, the federal legislature (National Assembly) creates inferior courts for the FCT.

On top of the inferior courts are the Superior Courts, created by the National Assembly through federal laws, like the Constitution of Nigeria and several establishment Acts. The superior courts are courts of records, they always require applications to be in writing and not orally made. Among the inferior courts in Nigeria, are Customary Courts, Area Courts and Magistrate Courts. The Superior Courts include; State High Courts, Federal High Courts, Sharia Court of Appeal, Customary Court of Appeal, National Industrial Courts, Court of Appeal and the Supreme Court (the apex court).  

Unlike the inferior courts that normally/regularly accept oral applications, there are few situations where the superior courts allow oral applications. One of such is in cases for bail for suspects that have been detained for more than 24 hours for non-capital offenses. In such cases, oral applications for bail are allowed in all courts. Under the Administration of Criminal Justice Act 2015 and similar state laws in states across Nigeria, a suspect must be released within 24 hours of his being arrested, especially where the alleged crime is not punishable with death (capital offence). 

Where a suspect is not granted bail within 24 hours, any person can go to court/institute a case against the concerned law enforcement agency (and its agents) on behalf of the suspect. The court will order the suspect to be produced (brought to) court and inquire into the circumstances of the detention. Where the court desires, the court will grant bail to the suspect. An application for bail in court, can be written or oral, even if the court is a superior court (High Court/Federal High Court/National Industrial Court). Click to read my other works on Bail in Nigeria. 

My authorities are:

1. Sections 32, 494 and 495 of the Administration of Criminal Justice Act 2015 and its equivalent in states across Nigeria. 

2. Sections 34, 35, 36, 230, 237, 249, 255, 260, 265, 318 and 319 of the Constitution of the Federal Republic of Nigeria 1999. 

3. The Court of Appeal judgment in the case of Chief Alhaji Moshood Kashimawo Abiola V. Federal Republic of Nigeria (1995) NWRL PART 370 P.155.

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@LearnNigerianLaws and Twitter: @LearnNigeriaLaw

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IG, Police shun court order, fail to produce detained Guber candidate

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The Nigerian Police, on Wednesday, failed to honour the order of the Federal High Court, Abuja, directing it to produce the Bayelsa governorship candidate, Vijah Opuama, who had been in police detention since Aug. 15.

The News Agency of Nigeria (NAN) reports that Justice Taiwo Taiwo had, on Monday, ordered the police to produce Opuama in court on Wednesday following an ex-parte application by his Lawyer, Michael Odey, asking it to show cause why the detainee should not be released unconditionally.

While the Inspector-General (I-G) of Police, Mr Adamu Mohammed, is the 1st respondent, the Assistant Commissioner of Police in-charge-of the I-G’s Monitoring Unit is the 2nd respondent in the suit.

Besides failing to produce the detainee in court at the Wednesday’s sitting, the police was neither represented in court nor filed any defence as earlier ordered by Justice Taiwo Taiwo.

The judge, however, frowned at the police violation of his Monday’s orders.

After hearing, Justice Taiwo issued a fresh order, directing the two respondents to provide the detainee in court on Sept. 7 “unfailingly.”
“The applicant shall be produced unfailingly in court on Monday September 7, 2020 at 10am prompt by any person holding him or the respondents named on the court processes i.e. the Inspector General of Police and the Assistant Commissioner of Police Monitoring Unit,” he ruled.

According to the judge, the IGP and his subordinate joined as the 2nd respondent in suit risked being personally summon should they fail to comply with the fresh order.

“That if the applicant is not brought before the court as specified on September 7, 2020, this court will not hesitate to order the appearance of the respondents before it,” the judge said.

NAN reports that Opuama, the Liberation Movement’s governorship candidate in the Bayelsa State’s Nov. 16, 2019 election, was said to have been arrested by the police at the premises of the state’s Governorship Election Petitions Tribunal in Abuja, on Aug. 15 while waiting for judgment to be delivered on his petition, challenging the outcome of the disputed poll.

Opuama’s wife, Ebikoboere Amaebi, stated in the affidavit filed in support of her husband’s application that she was with the governorship candidate at Wuse Zone 6, Magistrate Court, Abuja, venue of the Bayelsa State Governorship Election Petition Tribunal, waiting for the tribunal’s judgment to be delivered in his case, when “some unidentified men” allegedly violently arrested him.(NAN)

Prophet Israel Ogundipe, Genesis Global Celestial Church, Drags Yemi To Court For Defamation

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Funke Busari, Lagos

One Eniola Yemi has been dragged before a Magistrate Court 2 sitting in Igbosere in Lagos for alleged defamation.

The four count charge accused the defendant of conspiring with others now at large to threaten and intimidate Prophet Oladele Israel Ogundipe of Genesis Global Celestial Church.

The offence is brought under the provision of Section 56(1)(a),(b) of the 2015 Criminal Law of Lagos.

Fourty-two years old Eniola was also accused of conspiring with those at large of behaving in a manner likely to injure the reputation of Prophet Ogundipe by uploading his videos and audios recording on social media network and there committed an offence punishable under Section 375 of the Criminal Code Act Cap C38 Laws of the Federation of Nigeria, 2004.

Eniola Yemi was also in the third charge accused of colluding with others sometimes in June connived with others to cause the breach of peace by publishing defamatory matters against Prophet Israel Ogundipe of Genesis Global Celestial Church contrary to the provisions of Section 168 (1),(d),(2)  of criminal law of Lagos.

She was brought before Chief Magistrate Kikelomo Ayeye who released her on bail in the sum of N500,000 and adjourned the matter to November 9 for trial.