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CAN Calls On President Buhari To Send Back The 2020 CAMA To NASS For Amendment, Says Its An Ungodly Law

The leadership of the Christian Association of Nigeria, CAN, has condemned the Companies and Allied Matters Act, CAMA, 2020 that was assented to by President Muhammadu Buhari recently calling for its immediate suspension.

In a statement on Thursday, CAN President, Pastor Adebayo Oladeji, maintained that by implications, Buhari has repealed the Companies and Allied Matters Act, 1990.

According to Oladeji, “The law, to say the least, is unacceptable, ungodly, reprehensible and an ill-wind that blows no one any good. It is a time bomb waiting to explode.”

CAN recalled that during the First Term of the President, there was a Public Hearing conducted by the National Assembly on the Non-Governmental Organisations Bill tagged: ‘Bill for an Act To Provide For The Establishment Of The Non-Governmental Organizations, NGOs, Regulatory Commission For The Supervision, Co-ordination And Monitoring of Non-Governmental Organizations’ which CAN attended by and many NGOs.

Oladejo stated, “At the Public Hearing, the Bill that sought to bring the religious organizations and NGOs under the control and influence of the government was totally rejected because it would snuff life out of the church and rank the church as a secular institution under secular control.

“We thought it was all over until we heard of the CAMA that was assented to by the President, making the rejected bill a law.

“The satanic section of the controversial and ungodly law is Section 839 (1) and (2) which empowers the Commission to suspend trustees of an association (in this case, the church) and appoint the interim managers to manage the affairs of the association for some given reasons.

“While we are not against the government fighting corruption wherever it may be found, yet we completely reject the idea of bringing the Church, which is technically grouped among the NGOs, under control of the government.

“The church cannot be controlled by the government because of its spiritual responsibilities and obligations.

“This is why we are calling on the Federal government to stop the implementation of the obnoxious and ungodly law until the religious institutions are exempted from it.

“We call on President Muhammadu Buhari to urgently return the law to the National Assembly for immediate amendment. Nigeria should not be compared with any other nation when it comes to the relationship between religious institutions and the government. In Nigeria, people’s religions are tied to their humanity and of course, their life.

“How can the government sack the trustee of a church which it contributed no dime to establish? How can a secular and political minister be the final authority on the affairs and management of another institution which is not political? For example, how can a non-Christian head of Government Ministry be the one to determine the running of the church? It is an invitation to trouble that the government does not have power to manage.”

CAN, therefore, urged government to face the business of providing infrastructure for the people, focus on better health provision, food, education, adequate security employment, among others.

Oladejo continued: “The government should not be a busy body in a matter that does not belong to it. The government does not have the technical expertise to run the church of God because of its spiritual nature.

“If the government is bent on imposing a law on us which the entire Church in Nigeria is against, then, they have declared war on Christianity and the agenda to destroy the Church which we have spoken against before now is coming to the open more clearly.

“If you cannot give us good amenities of life, we would not allow you to take away our liberty to worship our Maker.

“What good thing again will you not take away from the people in the name of being in power? Are we not running a democracy which is a government of the people by the people and for the people? Is this not gradually becoming a dictatorship or what was the essence of the Public Hearing you called us to when you had made up your mind not to consider the position of Christians at all which we presented during the Public Hearing?

“We call on all well-meaning Nigerians to ask the Federal Government to suspend the law because we do not need it in this nation.”

Nigerian Embassy In Canada Shuts Down After ‘Attack’ On Staff

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THE Nigerian High Commission in Canada, says it is suspending consular activities indefinitely till further notice due to lack of passport booklets and unruly behaviour of applicants.

The Commission located in Ottawa, announced this in a statement published on its official website on Tuesday, noting that there has been an influx of requests for passport renewals by Nigerians.

“The high Commission of the Federal Republic of Nigeria in Canada wishes to inform Nigerian communities in Canada and the general public that the Mission remains closed to the public. The special intervention arrangement whereby emergency cases were being handled on a discretionary basis is hereby suspended,” the statement read.

“We would like to draw attention to the fact that with the closure of the air space our ability to bring much needed passport booklets into the country has been impaired. This is another area we intend to focus on.”

The High Commission stated that it had previously devised a system to attend to emergency cases following directives from the Federal Government of Nigeria and in line with public health guidelines informed by the COVID-19 pandemic.

However, it alleged that citizens defied the system, disclosing that many applicants would show up at the chancery without appointments and insist on gaining audience with staff members in charge of processing passport renewals.

“On a number of occasions people seeking passport renewal came to the chancery without an appointment and acted in the a most unruly manner, disturbing the peace and acting in an abusive manner, banging windows,” it said.

It further stated things got worse on August 14, when a group of applicants caused mayhem at the embassy, refusing people entrance and holding a staff member hostage for several minutes.

“Matters came to a head on Friday August 14, when a group showed up at the high commission and refused to allow the embassy staff members to attend to those who had appointments. They insisted that we had to attend to everybody who showed up,” the statement read.

“They went as far as holding a female staff member who went to address them hostage for over twenty minutes and subjected them to physical abuse.”

Premium Times reports that an applicant identified as Ruth had been left disappointed after traveling a long distance for passport renewal.

According to the report, Ruth who works as a researcher booked an appointment to enable her secure a new passport before travelling to Turkey but had her plans disrupted when no one attended to her upon arrival.

“The man who I had informed before booking my flight ticket, told me that they couldn’t attend to me because I did not tell him prior to the trip. I spent 1,500 Canadian dollars on the trip alone. I was so angry.”

“I was not the only one. I met so many Nigerians who came from Alberta, Ontario, Prince Edward Island and other cities in Canada. They were all angry,” she told Premium Times.

According to Ruth, several other people suffered the same fate and must have driven a revolt against the staff members of the commission.

“I wasn’t there so I can’t say much. However, it is to be expected that people will revolt when being treated like they don’t matter on sensitive issues. They must have been extremely frustrated. We push people to the wall too often as Nigerians,” Ruth narrated to Premium Times.

Meanwhile, Nigerian passport is ranked 47th in Africa, making it 7th least influential in the continent and 95th in the world.

This is according to the 2020 passport index report published by Henley & Partners, with data from International Air Transport Association (IATA); a trade association which maintains the world’s largest database of travel information.

IGP Adamu Says Bandits Disturbing The North Not Nigerians

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The Inspector-General of Police (IGP) Mohammed Adamu, has said that the lingering banditry in the North-West and North-Central Nigeria has an international dimension.

Adamu said this during a town-hall meeting on peace and security held on Wednesday in Zuru, Kebbi State.

“We have realised that most of the banditry has an international dimension. The bandits come from outside the country. We arrested Sudanese, Nigeriens and Malians, among other nationals.

“Also we believe that because of what is happening in the North-East and the fact that the military troops are doing a great job in the fight against insurgency there, most of the bandits are running toward the North-West of the country and we have evidence.

“When we operated in Kaduna, Birnin Gwari, where we attacked a group of bandits, we realised that most of them came from Islamic State of West Africa, who are terrorists, kidnapping for ransom.

“So, the issue is not at the level you are looking at it, it is a big issue and we must work together to address it.

“This is why President Muhammadu Buhari does not rest because of these complaints coming from the North-West

and North-Central on banditry,” the IGP said.

Adamu urged every Nigerian to see the fight against insecurity as a collective responsibility.

NAN

Nasir el-Rufai and the carnage in Southern Kaduna

By Ikechukwu Amaechi

([email protected]; 08055069065)

Governor of Kaduna State Nasir El-Rufai

Nigerians should not forget the real issue in the interminable Southern Kaduna crisis, despite the diversion caused by the invitation of Obadiah Malaifa by the Department of State Services (DSS).

Malaifa, former Central Bank of Nigeria (CBN) deputy governor, was invited based on his allegation that an unnamed Northern governor is the commander of Boko Haram terrorists.

What he said should be of interest to the security agencies. But to be fixated on what he said rather than what stirred his flare-up, which is the carnage in Southern Kaduna, parodies Nero’s fiddling on his violin while Rome burned.

There is an emergency in Southern Kaduna. The bloodbath needs to stop and must stop. Any action that does not address this overarching imperative is trivial, irresponsible and diversionary.

But make no mistake about it. Those who want Nigerians to take their eyes off the ball by dwelling on trivialities know what they are doing. Through unbridled disinformation and obfuscation, they intend to wheedle the unwary and create doubts.

Kaduna State Governor, Nasir el-Rufai, is at the vanguard of this attempt to bury the truth under the rubble of deceit.

Rather than rising to the occasion and confronting the challenges headlong, he is throwing tantrums, making baseless accusations, defaming his enemies – real and perceived – and rubbing insults into bleeding wounds.

Rather than use the bully pulpit provided by his high office to restore the people’s moral compass, el-Rufai uses empty rhetoric to divide them.

On August 16, he once again mounted his mendacious high horse to claim that some Southern Kaduna leaders – who accused him, rightly, of taking sides in the crisis – are doing so because they want to be “appeased” with “brown envelopes.”

For crying out against injustice, el-Rufai labelled them criminals. For demanding an end to the senseless shedding of the innocent blood of their kith and kin, he said the distraught leaders were idle interlopers.

“I have no time for nonsense. I will not appease criminals. I will not appease idle people who have nothing to do but to raise a spectre of genocide.

“They do that to get money into their bank accounts and get donations from abroad instead of standing up,” el-Rufai hubristically said.

Assuming, without conceding that el-Rufai was honest in his narrative, it still raises the question of when it became a taboo for him to pay off murderers.

Is this not the same el-Rufai who without prompting regaled bewildered Nigerians with tales of his escapade with murderous Fulani herdsmen who he chased to far-flung countries to pay them off with brown envelopes for killing Nigerian citizens and begging them to kill no more because one of their own – a Fulani – was now at the helm of affairs?

His words: “For Southern Kaduna, we didn’t understand what was going on and we decided to set up a committee under Gen. Martin Luther Agwai (rtd) to find out what was going on there. What was established was that the root of the problem has a history starting from the 2011 post-election violence.

“Fulani herdsmen from across Africa bring their cattle down towards the Middle Belt and Southern Nigeria. The moment the rains start around March, April, they start moving them up to go back to their various communities and countries.

“Unfortunately, it was when they were moving up with their cattle across Southern Kaduna that the elections of 2011 took place and the crisis trapped some of them.

“Some of them were from Niger, Cameroon, Chad, Mali and Senegal. Fulanis are in 14 African countries and they traverse these countries with the cattle.

“So many of these people were killed, their cattle lost and they organised themselves and came back to revenge.

“So a lot of what was happening in Southern Kaduna was actually from outside Nigeria …

“We took certain steps. We got a group of people that were going round trying to trace some of these people in Cameroon, Niger Republic and so on to tell them that there is a new governor who is Fulani like them and has no problem paying compensations for lives lost and he is begging them to stop killing.”

Have we forgotten this unforced error from a man who tweeted on April 26, 2013 that “Any society that responds to crimes by forgiving and bribing the criminals will inevitably create large contingents of criminal waanabes?”

For crying out loud, this was Nasir el-Rufai on December 3, 2016.

So, what has changed? When did it become less fashionable to hand brown envelopes to murderers in exchange for peace? Could it be because in his opinion the murderers this time are no longer Fulani and, therefore, undeserving of the same largesse he extended to his brethren?

El-Rufai is angry that some Southern Kaduna leaders, including a lawmaker representing Zagon Kataf/Jaba Federal Constituency, Amos Magaji, are pointedly accusing him of taking sides in the crisis.

His response is to counter punch with inane allegations.

“Anyone that is moderate, anyone that is promoting peaceful co-existence between various ethnic groups is considered a sell out,” he said.

“And for a governor like me, who does not appease them because they are used to being appeased, they cause troubles. They organise these killings and then, their leaders are invited by the governor, they wine and dine and they are given brown envelopes. That’s what they have been doing for 20 years.”

“Most of these people have no means of livelihood; they were living off the governments. The governments before us were paying them money every month, they called it peace money. We stopped it. This is why they say I am taking sides.”

Pray! When did el-Rufai become a peacemaker? Is Saul now among the prophets?

Before now, he had also alleged that Christian leaders were behind the killings so they could get overseas funding.

Aren’t these allegations laughable? The governor knows those behind these killings, yet he has not ordered for their arrest and prosecution? So, Southern Kaduna leaders are killing their own people so they could blackmail el-Rufai into paying them blood money?

In 2016, he claimed the crisis started from the 2011 post-election violence, but last Sunday, he changed gear claiming that it has a 40-year history. So, which is which?

In 2016, el-Rufai claimed that “a lot of what was happening in Southern Kaduna was actually from outside Nigeria.” In 2020, it is now Southern Kaduna leaders orchestrating the killing of their own people in order to extort money from him.

El-Rufai thinks he is smart. Maybe! After all, he can rightly argue that if he is not, how could he have occupied all the plum positions in this Fourth Republic?

But the truth is that he is only being smart by half. As long as this carnage persists in Kaduna State while he sits on his palm doing nothing, the joke will be on him.

It is easy to preach peace as he seems to be doing, but how can a people accommodate those who come in the dead of the night to kill and maim? How can el-Rufai claim to be doing his best when nobody is arrested for these butcheries?

The villains operate without any restraint, despite the so-called glut of security operatives and vanish into thin air; only for the victims to be harassed, abused and maligned by those whose responsibility it is to protect them.

El-Rufai should continue to have his day in the sun for as long as it lasts but he should remember that moral compass defines leadership.

A leader should have empathy, knowing full well that words can summon a people’s better angels or awaken their worst instincts.

El-Rufai’s words do not summon the better angels of Kaduna, nay, other Nigerians. They awaken the worst instincts.

He should be worried that under his watch, Kaduna State has become the epicentre of this national tragedy of incessant, unconscionable bloodletting and he cannot explain it away by playing, as Americans would say, whack-a-mole politics with his decisions.

And in the event that he persists on this ill-advised trajectory, Nigerians must make a conscious decision to call him out now with the intention to ultimately hold him to account at the fullness of time.     

Acceptance Of Gift And Effect Of Failure To Accept Gift

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Daily Law Tips (Tip 636) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

Acceptance of Gift and Effect of Failure to Accept Gift.

Any person can accept gift. Every person has right to accept gift but such rights may be waived by its owner by virtue of profession, office or position. Often, by virtue of office or position and society, some people are prohibited from accepting gifts, generally or from particular persons.

In Nigerian, public servants and public office holders are prohibited from accepting gifts that may affect their judgment (in support of fight against bribery and corruption). Also, by the Rules of Professional Conduct, for lawyers and other professionals, lawyers are prohibited from accepting gifts from the opponents of their clients. Many organisations, clubs and political parties prohibit their members and staff from receiving gifts from public, customers or business associates.

“Acceptance” is a vital part of making a gift. A gift is not complete or perfect until the desired receiver accepts the gift or his appointee or guardian does so, on his behalf. Where there is an unaccepted gift, there is no gift.

1. The apex court has concluded that; “The essential thing to consider is that the gift is complete when the donee has accepted it. If that condition is satisfied the donor has no right to revoke the gift. See Dewar v. Dewar (1975) 2 All E.R. 728 at 732.” Per UTHMAN MOHAMMED, J.S.C (Pp. 23-24, paras. F-B ). Quotation in the case of ANYAEGBUNAM v. OSAKA & ORS (2000) LPELR-508(SC)
2. Generally, and in all cases, “Thus, a gift becomes valid in law once it is validly made and the donee has taken possession thereof.” Per IBRAHIM TANKO MUHAMMAD, J.C.A (Pp. 13-16, paras. B-F ). Quotation from the case of SAFETI & ORS v. SAFETI & ANOR (2006) LPELR-7579(CA)
3. Specifically, for gift of land in customarily law or Islam, “Again, this claim was premised on gift of landed property from father to his children. This is lawful, more so, when peaceful enjoyment/possession was taken by the donees. It is explicitly stated in the Ihkamul Ahkami as follows:- Translation: If a father makes a gratuitous gift of a thing to his sons big and small who was introduced by the father and the big son takes practical/actual possession of the thing given to the small one, the gift is complete. But where the big son takes actual possession of the thing given or (where even) he did, not take possession and the father (donor) dies the whole gift becomes void. On the other hand, where the big son takes possession of the thing given to him and the one given to his small brother or vis-versa, the gift is complete in both situations. See further Al-Kashnawis Ashalul Madariki, vol.3 page 88.” Per IBRAHIM TANKO MUHAMMAD, J.C.AÂ ( Pp. 13-16, paras. B-F ). Quotation from the case of SAFETI & ORS v. SAFETI & ANOR (2006) LPELR-7579(CA)
4. “Acceptance is as much as customary lay as the delivery of possession in the presence of witnesses; without it the gift is invalid, such acceptance must be made with as much publicity as possible…Actual delivery is not mere evidence of the gift but is part of the gift itself.” Per CHINWE EUGENIA IYIZOBA, J.C.AÂ ( Pp. 16-18, paras. A-C ). Quotation from ORIDO v. AKINLOLU (2012) LPELR-7887(CA)

My authorities are:

1. EKWEOZOR & ORS v. REG. TRUSTEES OF THE SAVIOUR’S APOSTOLIC CHURCH OF NIG (2020) LPELR-49568(SC)
2. UGHUTEVBE v. SHONOWO & ANOR (2004) LPELR-3317(SC)
3. ANYAEGBUNAM v. OSAKA & ORS (2000) LPELR-508(SC)
4. IMAH & ANOR v. OKOGBE & ANOR (1993) LPELR-1497(SC)
5. OKWUWA v. STATE (1964) LPELR-25195(SC)
6. CHIBUZOR & ANOR v. CHIBUZOR (2018) LPELR-46305(CA);
7. IGBOZURUIKE & ANOR v. ONUADOR (2015) LPELR-25530(CA)
8. ISIOHIA & ORS v. ELECHI (2018) LPELR-44988(CA)
9. DAVIES v. RAHMAN-DAVIES & ANOR (2018) LPELR-46557(CA)
10. ABAH v. OGBE (2012) LPELR-14842(CA)
11. JOVINCO NIGERIA LTD & ANOR v. IBEOZIMAKO (2014) LPELR-23599(CA)
12. GABDO v. USMAN (2015) LPELR-25678(CA)
13. SAFETI & ORS v. SAFETI & ANOR (2006) LPELR-7579(CA)
14. ORIDO v. AKINLOLU (2012) LPELR-7887(CA)
15. ENADEGHE v. EWEKA (2014) LPELR-24479(CA)
16. OLAJIDE v. AKINBOBOYE (2018) LPELR-46166(CA)
17. EZENWORA & ORS v. EZENWORA (2018) LPELR-43944(CA)
18. DASHE & ORS v. JATAU & ORS (2016) LPELR-40180(CA)
19. YESUFU & ORS v. OKE BAALE (OSOGBO) NUT CO-OPERATIVE INVESTMENT AND CREDIT SOCIETY LTD & ANOR (2014) LPELR-22102(CA)

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CAMA 2020 AND RELIGIOUS BODIES: REASONS FOR THE ALARM

The Companies and Allied Matters Act 2020 (“CAMA 2020”) which came into force on 7 August 2020 has been described as long over due, given the many good amendments, the updates and innovations it introduced since it was earlier passed thirty years ago. The bulky piece of legislation contain certain provisions whose core objectives and effects would be better appreciated as time go on with implementation.

Suspension of trustees and appointment of interim managers

One of the new introductions into the CAMA is the provisions seeking to regulate the activities of religious bodies and other associations. Section 839 provides that the Corporate Affairs Commission (“the Commission” or “CAC”) may by order, suspend the trustees of an association or a religious body and appoint an interim manager(s) to coordinate its affairs where it reasonably believes that there has been any misconduct or mismanagement, or to secure the property of the association or religious body (or the application of the property to the objects of the association or religious body), or where the affairs of the association or religious body are being run fraudulently or where it is necessary or desirable for the purpose of public interest.

A look at the provisions clearly shows that an Order is required before the Commission can take the regulatory steps mentioned such as suspension of trustees and appointment of interim manager(s) over the affairs of an association or religious body. The order in question must be an order of a court of competent jurisdiction as Section 839(6) states and not an order by the Registrar-General of CAC or the President of Nigeria.

The process of securing the order would require the filing of an application/petition by way of a motion in court supported by a strong affidavit evidence showing reasons why a suspension order and/or order for appointment of interim managers should be made. The application may be made by the Commission or one-fifth of members of the association or religious body. See Section 839(2). Meanwhile, Section 839(6)(a) states that the suspension cannot last forever as it must not exceed 12 months.

The provisions of Section 839 are robust in that the Section provides for the procedure for the possible suspension and appointment of interim managers. The court, the Commission and members of the association and religious bodies are all involved as stakeholders.

Clearly, the provisions touch on other associations. The extention to religious bodies including the churches is the cause for alarm and below are some of the reasons.

Reasons for alarm

A country where a former Chief Justice of Nigeria (Hon. Justice Walter Samuel Nkanu Onnoghen) was suspended based on an ex parte motion, brought pursuant to no known law or Rules of Court, contrary to the established procedure in the Constitution, calls for attention. Due process does not particularly enjoy a pride of place in Nigeria. Thorough investigation of allegation of facts cannot be guaranteed at all times. The provisions as it pertains to religious bodies pose worries considering the fact that Nigeria is made up of people of diverse religions, predominantly Muslims and Christians. Anything related to religion in Nigeria is considered delicate. The Commission can move against any association and there will not be much problem or agitation. But with religious bodies, care must be taken because matters of faith in Nigeria appears to be a matter of life and death. Recently, Pastor Oyedepo was reported to have expressed his reservations concerning the provisions with some less than accurate information. For example, he inadvertently failed to reckon with the fact that the order for suspension was to be made by a court. In a country where many Southern Christians have concerns over the dominance by Northern Muslims of virtually all sensitive top positions in Government today, there is growing discomfort that cannot be simply wished away. 

The above are some of the reasons it is ordinarily important to avoid certain loopholes that can be easily exploited and to be more circumspect when a religious body is involved. For instance, it ought to be expressly stated in the statute that in the case of religious bodies, an interim manager must be a person who is a member of the faith and shares the same or similar religious beliefs. A Muslim cannot be made to act as interim manager in a church and vice versa. The Catholic Church cannot entertain a pentecostal acting as interim manager and vice versa. The courts are encouraged to exercise high discretion along these lines in the absence of clear express provisions.

Call to action

Beyond the above, the provisions make it clear however that the suspension of trustees and appointment of interim managers is to be invoked where there is misconduct or mismanagement, or where the affairs of the associations or religious bodies are being run fraudulently or where it is necessary or desirable for the purpose of public interest. This means that ordinarily, the State is willing to protect either the association or religious body and even the public as a whole. This is a call for religious bodies and other associations to remain on the path of righteousness and manage their affairs properly like a people who have the fear of God.

No constitutional violation

Let us quickly note that it cannot be safely concluded that the provisions gag freedom of religion. No. So, any agitation in this respect should be jettisoned. Aside the instant provisions, religious bodies are under the authority of the Government. That is why they are all registered with the Commission in the first place. Also, the Government in the wake of Covid-19 banned religious activities and the ban stood. Religious bodies also enjoy the mandate to work hand in hand with the Government. For instance, religious bodies especially the churches assist the Government to administer marriages under the Marriage Act, by issuance of valid Government marriage certificate after the celebration. Religious leaders assist the Government in making certain critical decisions. 

How necessary are the provisions as it pertains to religious bodies?

On a close look, this question is pertinent in that we do not have any report establishing compelling reasons the Government wants to move against or in support religious bodies in this fashion. Whichever way one looks at it. It is common knowledge that religious bodies have effective internal mechanisms for sorting out issues of mismanagement or misconduct, even criminal allegations such as fraud. In appropriate cases, religious bodies will report allegation of criminality to the relevant authority for action. Where Dispute relating to property arises, we have seen religious bodies resort to court for determination of rights. It is submitted that whatever the good wishes of the Government might be in introducing Section 839 to apply to religious bodies, it is unnecessary! The Government should focus her attention to other important areas of governance and manage her own affairs more effectively. 

Conclusion

In view of the foregoing, it is advised that the Government and its agencies should rise up to the occasion and ensure that due process is followed at all times and that the Constitution is respected and upheld. The Government and its agencies, especially the Commission, must not allow any act of dictatorship and reckless show of power. When a Government is responsible and enjoys credibility and integrity, the people will exercise more faith in its mission.

We call on the Government to take steps to expunge the provisions of Section 839 of CAMA 2020 as it relates to religious bodies.

EXCLUSIVE: Police In Kaduna Allegedly Assault, Evict 85-year-old Retired Army Officer, Family Members On Orders Of Governor El-Rufai

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The police in Kaduna State have been accused of beating up and forcefully evicting one Paul Ojo, an 85-year-old retired Staff Sergeant of the Nigerian Army and his family from his house in Kaduna.

The incident happened on Tuesday at L2 Kasupda Quarters, Kabala Costain, Kaduna. 

SaharaReporters gathered that the police invaded the house without any prior notice or court order and asked the occupants to vacate the building.

Armed policemen drafted to carry out the operation were said to have descended on Ojo, who insisted that the property was still under litigation and pending before the court. 

He also demanded from the gun-wielding officers the court order or warrant that authorised his eviction.

The request did not go down well with the police as they pounced on the old man, dragged him on the floor and threw out his properties. 

Also, his 75-year-old wife, Veronica, and children were not spared in the assault as the policemen inflicted injuries on one of the son, Isaac, for challenging them for beating up his father.

Paul’s son, Isaac Ojo.

Leader of the team, one DSP Ahmed, reportedly fired several gunshots during the operation.

Findings revealed that residents, who initially bidded and bought the houses in the area from government, were predominantly christians and had in 2017 instituted a suit at the state high court challenging the decision of the state government to revoke the properties.

A bank draft sighted by SaharaReporters also showed the payment of the sum of sum N235,000 made by Ojo which represented the 10 per cent of first installment of the total sum.

It was also gathered that buyers of the properties according to the terms and conditions were to pay in three installments of 10, 25 and 65 per cent respectively.

Ojo said he had paid the first installment in line with the agreements and wanted to pay the second installment but was turned down.

He explained that he wrote several letters notifying them of his readiness to pay the second installment but all to no avail.

In a  court document obtained by SaharaReporters with suit No. KDH/KAD/904/2017 between Paul Ojo ( plaintiff) and Kaduna State governor, Attorney-General and Commissioner for Justice and Committee on the Sale of Residential Houses in Kaduna State, as 1st, 2nd and 3rd defendants respectively.

The plaintiff (Paul Ajayi) had prayed the court that he was the rightful and legal owner of the property and his allotment was based on public auction of the Kaduna State Government residential quarters.

The eviction was allegedly authorised by the state’s Solicitor-General, Chris Umar, who delegated one Samuel Madaki to lead the operation.

In an interview with SaharaReporters,  Ojo’s lawyer, Kimi Livingstone Appah, said the matter on the property was pending before the court and that they had close their case but the state government represented by Tahir Ladan from the Ministry of Justice had refused to open defence.

He confirmed that his client was assaulted by the police, who came to carry out the eviction without any court order.

Appah said the house in question was  bought by his client but later allocated to one Mr Abbas Mohammed Ango, who filed a suit at the Customary Court of Tribunal with the intention to taking over the house.  

He explained further that he had filed a preliminary objection in the suit challenging the jurisdiction of the court in the matter.

He said the police physically assaulted and dragged his client on the floor in his presence when he approached Madaki, who was leader of the team to provide the warrant or court order to carry out the eviction.

He said, “When we met Samuel Madaki who is the leader of the team that you cannot do this and it is wrong, he told us to go to hell that as far as the governor had given order, he was following the directive. 

“In my presence, they were beating the old man who just came back from the hospital. He was dragged on the floor like a goat. He is an hypertension patient and has leg problem. 

“They also beat up his 75-year-old wife and arrested two of his sons, Isaac and Michael. They were detained in the police station for 10 hours.

“There is a pending matter over the property. There is no judgment yet, the case is in court. The governor sold the houses and most of the people including my client bidded and bought the properties but government later revoked it and gave it to their Muslim brothers. 

“We went to court and challenged it that since they had.not returned the money to those who bought the houses, they had no right to allocate it to another buyer or evict them.”

DOCUMENTS: Police In Kaduna Allegedly Assault, Evict 85-year-old Retired Army Officer, Family Members On Or… by Sahara Reporters on Scribdhttps://www.scribd.com/embeds/472997143/content?start_page=1&view_mode=scroll&access_key=key-CZ4JD8dncAoS362ms5zL

When SaharaReporters reached out to leader of the team, Samuel Madaki, for reaction, he said he was not in best position to speak on the matter.

Police spokesperson in Kaduna could not be reached for comments as of the time of this report.

SaharaReporters

Nigeria’s sovereignty and Chinese loans

By Ikenna Emewu

We are in the season of distraction from the issues that face us to chase the shadows they throw on the ground. Nigeria is borrowing recklessly as if the only thing it can do to survive is borrowing. We read it very early in life that ‘he who goes a borrowing goes a sorrowing’. The truth of this saying can never fade, but Nigeria doesn’t care.

In the past five weeks, we have seen some of the worst drama of the present government in unbridled sleaze when we were promised no tolerance for corruption. The matters were getting adequate national attention and all of a sudden, someone threw a huge distraction into the mix. We have left those compelling issues to bicker over the shadow.

The substances are the EFCC probe and the ousted acting chairman’s alleged soiled hands running into hundreds of billions of naira.

Today, instead of discussing what is going on, they brought us a potent distraction that a loan giver, the China EXIM bank signed or compelled Nigeria to sign loan deal to cede Nigeria’s sovereignty.

I saw the bait when the Transportation Minister, Hon. Chibuike Amaechi asked Nigerians if anything is wrong with China giving a condition on Nigeria’s sovereign immunity waiver as clause.

If for instance, Amaechi doesn’t understand the legal interpretation of the clause that contains the sovereign immunity issue, the lawyers that signed for Nigeria do. So why are the Attorney General of the Federation and the Finance Ministry and in fact, the foreign ministry silent on telling Nigerians the true meaning of that clause that has nothing to do with Nigeria ceding her sovereignty to any country?

Even a lay man would ask of the possibility of a country being stripped of its sovereign immunity endowment. Simply put, waiver of a state’s sovereign immunity means losing its statehood.

It became better understood when Amaechi started by asking the National Assembly to stop probing the loans conditions signed with the Chinese capital exporting institution, the EXIM Bank.

Why a minister of a country made such request, and asserting in a very confusing manner that China would be cold towards honouring the loan facility if the National Assembly probes it is surprising. Which country or loan giver in the world would be annoyed that a probe is conducted by a state to ensure due process and proper utilization of a facility it gave? Reason Nigeria is sinking in debt is the culture of loans obtained in the past being diverted to private coffers and the state left to pay.

Did the minister forget that China punishes fraud in public office with death to show its total intolerance for fraud? So why would such country that knows the recovery of its loan or loan of its agency is assured when only the loan is judiciously used be against public probe?

For the records, loans China extends to any country in Africa are not from the government. For Africa, China operates the China Africa Development Fund (CADFund) created in 2015 after the Johannesburg summit of the Forum on China Africa Cooperation (FOCAC) and endowed with US$5 billion which was later raised to US$10 billion in 2016.

So, when I read Article 8(1) of the loan conditionalities that has been latched on to as the offending ingredient, I would not find any reasonable meaning in the obfuscated interpretation. The clause described the loan as COMMERCIAL. That is a loud qualification in public international law.

It reads “The borrower hereby irrevocably waives any immunity on the grounds of sovereignty or otherwise for itself and its property in connection with any arbitration proceedings pursuant to Article 8(5) thereof with the enforcement of any arbitral awards pursuant thereto, except for the military assets and diplomatic assets.”

There is no stretch of interpretation of this clause that connotes Nigeria losing her sovereignty to China.

What it simply means is that if the borrower defaults in repaying, and the lender takes the borrower to arbitration to decide how the loan would be recovered, the borrower can’t plead it is a sovereign state and won’t subject to the jurisdiction of the arbitral panel.

Sovereign immunity is a rule in public international law that precludes sovereign states from subjecting to the jurisdiction and decisions of the court of another state. This rule applies in two arms – absolute sovereign immunity or restrictive sovereign immunity.

The absolute sovereign immunity applies in issues related to pure state activities termed acta jure imperii. The restrictive immunity applies in matters that are commercial in nature and called acta jure gestionis. So, this issue of loan is COMMERCIAL and the rule of absolute sovereign immunity can never apply. That is why the clause exempted military and diplomatic assets. I don’t think, with due respect, that whoever entered into that treaty ceded Nigeria’s sovereignty as we hear.

This rule didn’t start with China and Nigeria loans. It is an old one and consolidated even with Nigeria in the case of Trendtex Trading Company v. Central Bank of Nigeria in 1977 in a judgment of a London court. ([1977] 2 WLR 356)

In this case, the Swiss company sued our own CBN for reneging on its obligation to honour the payment for cement supplied Nigeria government and the demurrage that accrued to it after delay in berthing and offloading in the Lagos ports. CBN entered appearance at the London court and pleaded sovereign immunity to opt out of the litigation. But the court disagreed and interpreted the deal on RESTRICTIVE SOVEREIGN IMMUNITY because the CBN, though an agency of a sovereign state was involved in commercial activity (acta jure gestionis) and held it liable for the default.

Before our CBN was a celebrated case in 1961, Harris & Co. Advertising v. Republic of Cuba, 127So.2d 687 (Fla. App. 1961) between the company and state of Cuba. Cuba lost its plea of sovereign immunity in Florida, USA court because what was at stake was a commercial matter, also applying the rule of restrictive sovereign immunity.

It might also interest us to know that the IMF and World Bank vet all international loan conditions, and if that Article 8(1) was at variance with the rules, it would not have been allowed to stand in the first place.

Recently, one of the most favourite past times of the world has been China bashing in factual and fictitious shades and US has been the champion and creator of the rave. Last week, even Reuters, a prominent US news agency reported from its Lusaka base a refutal of the government of Zambia of a statement credited to the White House that a Chinese company has taken the Zambian electricity agency, ZESCO over loan default.

What should worry us so much is why Nigeria keeps borrowing endlessly and nothing is done in the public interest with the loans. Our debt stands at N33 trillion as at May 2020. We keep borrowing when the drain pile is not yet plugged and keep losing the same loans we got to individuals that run the state.

  • Emewu, journalist is of Afri-China Media Centre. He wrote from Lagos.

Na’Abba, Mailafia: Utomi flays assault on freedom of expression

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By Simeon Ndaji

CO-CHAIRMAN, National Consultative Front, Professor Pat Utomi, yesterday, expressed worry over the assault on freedom of expression in the country, urging Nigerians to resist a return to dictatorship.

Utomi, in a statement, said: “If we resisted the military, surely, the people can resist civilians bound towards fascism.

“My co-chair of the National Consultative Front, Mr. Ghali Na’Abba and Dr. Obadiah Mailafia, were invited by the Department of State Security, DSS, on account of remarks they made. For Dr. Mailafia, it was a second journey within a week.

“History shows us that such invitations bear ominous foreboding because freedom of expression is usually the first victim in the decent toward totalitarianism. Check the trends in the early days of Hitler’s East Germany.

“Much blood has been shed to prevent our country from under-served fate of a totalitarian order. That blood flow includes that of General Shehu Musa Yar’Adua, the annulment of the elections of June 12, 1993, and the life of Chief MKO Abiola, who we have come to honour posthumously, including many undergraduates, like Kyle Adepeju of the University of Ibadan 48 years ago. Adepeju was shot by the police and probably would have been a grandfather today. Should his grandchildren be denied the freedom he gave his life for?

“These security harassments of citizens exercising their fundamental human rights to express themselves and request accountability from those who ostensibly represent them are coming one month to the day the United Nations set aside, September 15, to mark the International Democracy Day, leads me to call on the global community, from the Secretary General of the United Nations, the prosecutors of the International Criminal Court, and our development partners to note development in Nigeria, and prepare to act appropriately.”

Vanguard

OBADIAH AND SOUTHERN KADUNA CARNAGE

Sonnie Ekwowusi writes that are our strength lies in our common humanity

He says his first name means “man of peace”. His surname means “servant of the most powerful God”. He comes down severely on the rulers of darkness who are sponsoring the genocide against the Christians in Southern Kaduna. He is eloquent as much as he is vociferous. He is courageous. He calls things by their names. He says he is ready to lay down his life to save his people. Like prophet Obadiah, one of the prophets of the Old Testament, he exhorts the people to trust in the power of God and justice of God, and not in the fleeting and precarious power of tyrannical rulers. Southern Kaduna is the kingdom of God not the kingdom of the devil.

Justice is coming, nemesis is coming, he announces. He is unruffled. “I am not making this up. I have a PhD from Oxford. I am not a sensationalist, I am an economist and a central banker; by nature we are not given to sensation. Let me make it clear: I am a humanist; I am a man of peace. Even my name, Mailafia, means a man of peace. From the bottom of my heart, I love our country dearly and I abhor all the killings and violence which the innocent people of this country have been subjected to. I pray that Nigeria will never experience another civil war. The most elementary duty of government is to protect its citizens. When a government fails to protect its citizens, to protect little children that is a serious matter. Any innocent boy or girl that is killed is my own child. I love Nigeria. Like Mandela, let me say if need be, I am prepared to give my life for Nigeria”, he said last week.

In case you are still aghast wondering whom I am referring to, he is the former Deputy-Governor of the Central Bank of Nigeria (CBN) Dr. Obadiah Mailafia. Last week his voice rang out like a lone voice in the wilderness in condemnation of the sponsored genocide against the Southern Kaduna Christians. Hear from Obadiah, “…they told us that one of the Northern governors was the commander of Boko Haram in Nigeria. Boko Haram and the bandits are one and the same. They have a sophisticated network. During this lockdown their planes were moving up and down as if there was no lockdown. They were moving ammunition, moving money, and distributing them across different parts of the country. “They are already in the South, in the rain forests of the South. They are everywhere. They told us that when they finish these rural killings, they will move to phase two. Phase two is that they will go into urban cities, going from house to house killing prominent people.”

This is weighty. It serves no useful purpose to dismiss it with a wave of the hand as if the blood being shed is not the blood of human beings. Of course, it is the blood of our fellow human beings: It is the blood of our brothers and sisters, members of the same human family. Look, the killing of our fellow human beings ought to stir in us the revulsion to hate our human existence. If I may ask you one question: How would feel if you are told that some religious-fanatic-murderers had forcefully gained entrance into your parents’ house, seized your parents and your sibling including your three-year old baby-sister and hacked all of them to death, and, thereafter set fire on the entire house? Obviously the tragic news will likely make you go insane.

Well, this is the tragedy that occurs in Southern Kaduna almost on a daily basis – families are wiped out just like that. It is a tragedy that is known to the whole world. In fact the fundamental reason why the U.S. has placed Nigeria on her Special Watch List, her travel ban list and visa restriction list is mainly traceable to the Southern Kaduna genocide. We don’t need a Dr. Obadiah to tell us what we already know about the Southern Kaduna genocide. But let’s assume for a moment that Obadiah is a rhapsodic rabble-rouser who is mischievously inciting the people against the government as the DSS would want us to believe; just google “Nigerian Soldiers and Fulani herdsmen/Boko Haram killings” and you will read the complaints of some Nigerian soldiers to the effect that the war against Boko Haram is failing in Nigeria because the war is being sabotaged by some people at the top.

If the Nigerian soldiers in the frontline are telling us that, who are we lesser mortals to doubt them? In fact some soldiers fighting Boko Haram in the North-East have expressed their anger against President Buhari over his release of over 1, 400 “repentant Boko Haram” terrorists. The soldiers could not understand why their killers are being offered amnesty. In February 2020, the Borno State Commissioner for Information, Babakura Jato, frayed up in anger upon discovering that the so-called “repentant Boko Haram” terrorists were not repentant at all because they had gone back to join their killer-colleagues in the killing fields. He also said that a lot of soldiers are not happy about this ugly development. According to one Nigerian soldier, “We were at the Maimalari barracks when some of these Boko Haram people were released.

The authorities are releasing them, but Boko Haram are killing soldiers that they capture. This does not make sense to us at all. We continue to sweep across the bushes to flush these people out, and then the government will release them. Does that not amount to wasted efforts?” Another soldier said, “You wonder why Boko Haram members are on the increase? When we arrest them and bring them here, some top people would come and start negotiating their release. But, I will tell you some of these so-called suspects are returning to the bush and they were never repentant.” The objective of Boko Haram, said Bishop Mathew Hassan Kukah, is to enthrone an Islamic dominance in Nigeria. Bishop Kukah persuasively argues that there is no difference anymore between the government and Boko Haram except that the latter uses bombs to achieve its objective.

You see, no man, no woman of good conscience can keep quiet over the Southern Kaduna killings. No street can remain silent amid the stillness of death everywhere in Southern Kaduna. In some of the lines of Paul Laurence Dunbar’s poem entitled; “We Wear the Mask”, we may be wearing the masks covering the grins and lies. With torn and bleeding hearts we may be smiling but we may not know peace until the blood of the murdered innocent children of Southern Kaduna is avenged. What do murderers gain by spilling the blood of innocent children? Nothing! Absolutely nothing!! What do the living gain by keeping quiet in times of religious persecution and religious genocide? Nothing! Absolutely nothing !!. And if they do at all gain anything it is the hottest places in hell as Dante teaches in his Inferno. Since civilization is not an attribute of religious fanaticism or religious killing or curl of hair or curve of the lip or human accent we should re-scrutinize our heritage with sharper eyes than before in order to win our civilization.

Though tribes and tongues may differ; though some self-serving politicians may ride on the crest of religious fanaticism to murder our parents and sibling and set our houses ablaze, our strength lies in our common humanity. It is our only weapon with which we hope to conquer fundamental wrong, fundamental error, fundamental injustice in order to arrive at fundamental truth. If the government wants her name removed from the U.S. Special Watch list, U.S. travel ban list and the U.S. visa restriction list then she should stop the Southern Kaduna genocide forthwith.

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