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What The Act Says On VC’s Sack

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What The Act Says On VC’s Sack

A UNIVERSITY is noted for excellence. It is a citadel of character and learning.

In the university system, teaching, research, service to the community, committee system and its non-negotiable law, the University Act, cannot be compromised. Procedures, due process and other cherished traditions are strictly followed. They give content, form, predictability and reputation to the system. They are the foundation of its permanent integrity.

The Governing Council, led by the Chairman/Pro-Chancellor, is the employer of the vice chancellor. It can hire and fire its employee. But, to prevent arbitrary, the law, which is sacrosanct, cannot be brushed aside.

The University of Lagos Act is the grundnorm. Section 17 of the Act (as amended) stipulates the procedure for the removal of the VC.

According to the clause, “if it appears to the Council that there are reasons for believing that the Vice Chancellor, the Deputy Vice Chancellor, the Provost of a College or any other person employed as a member of the academic or administrative staff of the University or a College should be removed from his office or employment on the grounds of misconduct or of inability to perform the functions of his office, the Council shall:

(a) Give notice of those reasons to the person in question,

(b) Make arrangements:

(i) For a Joint Committee of the Council and the Senate to investigate the matter, where it relates to the Vice Chancellor, the Deputy Vice Chancellor, the Provost of a College or the Registrar, and to report on it to the Council; or

(ii) Make arrangements for the person in question or his representative to be afforded an opportunity of appearing before and being heard by the investigating committee with respect to the matter, and if the Council, after considering the report of the investigating committee, is satisfied that the person in question should be removed as aforesaid, the Council may so remove him by an instrument in writing signed on the directive of the Council.”

Were these legal provisions followed before Prof. Toyin Ogundipe was sacked as Vice Chancellor of the University of Lagos by the Governing Council presided over by Dr. Wale Babalakin (SAN)?

If they were followed, it is the end of an era. The curtains have been drawn on Ogundipe’s tenure. If they were set aside by the polarised Council, it is up to the temple of justice to decide.

NYSBA President, Scott M. Karson Says MOU Recognizes Importance Of Women In Legal Profession, As NBAWF & NYSBA Strike Partnership

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NYSBA President, Scott M. Karson Says MOU Recognizes Importance Of Women In Legal Profession, As NBAWF & NYSBA Strike Partnership

*Legal Profession has moved away from a male-dominated to diversity & gender-balanced one — Paul Usoro, SAN
*The partnership, a progressive & milestone event— Prof. Bamigbose
*NBA will give all necessary supports to women under my watch—Olumide Akpata
*NYSB Women In Law Section will advance the interest of women through the MOU— Chair, NYSB Women in Law Section
*Strengthened relationship with Africa largest Bar is vital & critical—Carlos Ramos-Mrosovsky
*MOU, pathways to gender equality—Ayotola Jagun

The Nigerian Bar Association Women Forum (NBAWF) and New York State Bar Association (NYSBA) Women In Law Section have signed a memorandum of understanding partnership.

This was signed at the virtual ceremony held on 13th day of August, 2020.

Meanwhile, the virtual ceremony witnessed the attendance of NYSBA President, Scott M. Karson; NBA President, Paul Usoro, SAN; NBA President-elect, Mr. Olumide Akpata; Chair, NYSBA-Women In Law Section, Terri A. Mazur; Chair, NBA Women Forum, Prof. Oluyemisi Bamgbose, SAN; Senior Vice-Chair, International Section of NYSB, Mr. Carlos Ramos-Mrosovsky; Mrs. Ayotola Jagun; Sheryl B. Galler amongst others and moderated by Dr. Foluke Dada, Head, Advocacy Committee, NBA Women Forum.

However, the moderator noted that the virtual occasion is “truly historical and one worth the ceremony” being done, while she called on the President of NYSB to give his opening remarks.

In his opening remarks, President Scott M. Karson stated that “it is a honour and pleasure to join in the wonderful event” and on behalf of the 70,000 members of New York State Bar, he welcomes everyone to the virtual ceremony.

In addition, he described the virtual event as an “historical occasion” and stated that it is hoped “this will lead to a further future engagement”. Also, he described the Coronavirus pandemic as one that has changed the way we view the world noting that the forecast of scientists has been very true about the pandemic. Hence, the need to embrace technology in order not to allow all matters grounded, an example of the virtual ceremony being held.

Furthermore, he noted that New York “has a preeminent state in the world stage” and also, with “an unparalleled reputation in the world arena”. Thus, New York State Bar has managed for have a strong network base across the globe. This, he said, is driven by one of its key initiatives by opening membership to Lawyers across the world and thus, “we urge others to join us”, he said.

Meanwhile, he stated that the MOU recognizes the importance of women in the Legal Profession and he applauded the “women colleagues” in the giant stride achievement.

He also noted that for more than 30 years, the Women In Law Section of NYSB has been the largest and one of the best-driven section of the Association. Therefore, he stated that when the report was submitted on the proposed partnership, he took into cognizance several things.

“Our world is in uncertain times” as a result of the pandemic and “we believe Lawyers in this time are more important and meaningful than ever”.

Finally, he urged that Lawyers in this trying times take up pro bono cases and access to justice initiatives.

In another development, President of the Nigeria Bar Association NBA, Paul Usoro, SAN , equally gave his opening remarks and congratulated the 121st President of NYSB and stated that “hope to reach out to the Atlantic” and have a “handshake”.

In addition, he gave a brief background of Nigeria and stated that it is the largest economy in Africa amongst others.

Similarly, he gave a brief account of the Nigerian Bar Association(NBA) and Nigerian Bar with 125,000 qualified Lawyers as members.

Furthermore, he noted that the profession has moved from a male-dominated profession to one driven by inclusiveness, “diversity, gender-balance & encourages our women”. With this, he cited the example of the first female Chief Justice of Nigeria, Justice Maryam Aloma Mukhtar stated to be one of the most brilliant mind produced and equally, he alluded to the President of the Court of Appeal, a testament of women participation.

Besides, he noted that Prof. Bamigbose, SAN is one of those examples, having attained the apogee in practice of Law and academics. Thus, the reason why she was selected to head the NBA Women Forum by him.

Meanwhile, he stated that Nigeria and a world he envisages or visualizes is one driven by women participation across board.

Finally, he wished the NBA & NYSBA “greater successes in this endeavor.

In addition, Prof. Bamigbose, SAN extends her cordial appreciation and describes the ceremony as “progressive and milestone event”.

She introduced the NBA and noted that several committees were established by President Paul Usoro, SAN for a better and efficient service delivery.

Thus, she expressed her delight that the virtual ceremony is being held projected at the welfare of the women in the two Associations.

In another development,the NBA President-elect, Mr. Olumide Akpata expresses his great delight and thanked the incumbent President, Paul Usoro SAN for providing the NBAWF an opportunity to thrive.

He stated that in all his life, he has been “gender-blind” and therefore promises women colleagues that he “will support NBAWF and other elected officials will collaborate” to ensure that all supports are given to them. He equally stated that he believes in capacity building and finally on the event, he noted that he is “proud of NBAWF”.

Furthermore, the NYSB Women In Law Section Chair, Terri A. Mazur equally expressed her delight and noted that the section has been driven by effort to take care of domestic violence against women, child abuse amongst others.

Meanwhile, he noted that the Association has many committees saddled with different responsibilities like Legislative Affairs Committee , Programming Committee amongst others.

She stated that they shall strive to attain the goals stated in the MOU for the advancement of women. Thus, she concluded that “we look forward to a national collaboration.”

Also, Carlos Ramos-Mrosovsky noted that the International Section of NYSB has over 2,000 members and geared towards capacity building through webinars, internships etc.

In addition, he noted that a strengthened relationship with Nigeria is vital and critical being the largest Bar in Africa.

Finally, he stated that the MOU is a fantastic step.

Furthermore, Ayotola Jagun gave her remarks on the expected outcomes of the partnership.

She noted that there are several benefits of the MOU driven by gender equality advocacy. Also, she stated that the MOU is geared at deployment of knowledge exchange, networking opportunities, promotional support and introduction to experts from diverse fields from both Associations.

Besides, she noted that the partnership is timely and a coordinated one meant to expand the pathways to gender equality. Meanwhile, she noted that the implementation of the MOU is a successful collaboration which is key to the alliance.

Finally, the MOU was signed by the NYSBA President, Karson together with Tom Richard and one other as witnesses. He promises to ensure that the goals of the MOU are met.

In addition, Prof. Bamigbose signed on behalf of the NBA President, Paul Usoro, SAN who promised to sign later as a result of unavailability.

Meanwhile, it was witnessed and signed by Mrs Ayotola Jagun, Head, NBAWF External Relations Committee and the Secretary of NBAWF, Mrs Aideyan.

Equally, Sheryl further congratulated the both Associations.

Finally, the vote of thanks was given by Mrs. Chinyere Okorocha, Vice Chair, NBAWF who described the virtual ceremony as “iconic, historic and fulfilling session”.

Who Can Legislate On Data Protection In Nigeria? An Opinion

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In recent times, I have had a number of stimulating on and offline conversations with privacy professionals and enthusiasts on the reasons for the dearth of data protection laws and materials in Nigeria and possible solutions.

There is no gainsaying that our country remains on the list of African Countries without a data protection law (the Nigeria Data Protection Regulation 2019 (NDPR) is not considered a law in this context). It is further sad that, in spite of being a signatory to the ECOWAS Supplemantary Act on Personal Data Protection 2010 and African Union Convention on Cyberscurity and Personal Data, we are yet to have a general data protection law.

It must however be noted that, some commendable attempts have been made by in the past by the National Assembly in the mould of the Data Protection Bill 2010 (HB 276, HB 45) and later the Data Protection Commission Bill 2019 as presented to the Executive in May 2019 but it was not deemed worthy of presidential assent for some right or wrong reasons. I also understand that two (2) Data Protection Bills are currently pending before the 9th National Assembly as sponsored by Hon. Yakubu Dogara (HB: 564) and Hon. Ndudi Elumelu (HB: 504) but not so much has been heard about the progress of these very significant bills.

However, as the Federal Government continues to, with respect, struggle in its tracks to deliver a Data Protection Act to the country, States’ Governments have also appeared uninterested in legislating data protection with the exception of one of the states in the southwest which I hear, has concluded works on a bill on data protection in readiness for sponsorship to their House of Assembly.

As it appears that, the States may come to our nation’s rescue faster than the Federal Government, we may need to interrogate the legislative competence of the various Houses of Assembly to make laws on data protection under our extant Constitution.

Data protection as a component of right to privacy

An interrogation of legislative competence must necessarily start from first ascertaining the nature of ‘data protection’ as a concept within the context of law-making powers of the legislative houses concerned. For localization purposes, I will restrict myself to some Nigerian academics who have written on the subject for clarity on the vexed argument as to the relationship of data protection with right to privacy.

Dr. Kemi Omotubora, lecturer of Information Technology Law, University of Lagos, is perhaps, the fiercest critic of conflation of data protection and privacy. In a recent paper she co-authored with another academic from Leeds University, United Kingdom, the learned data protection lecturer decried the problematic definition of personal data because it has blurred the fine lines between the concepts of privacy and data protection that has been drawn from the inception of the data protection regime”

However, she went ahead to acknowledged that: “Following the same track, the European courts have consistently conflated data protection and privacy and treated the former as an extension of the latter.” She referred to a number of decisions (Breyer, Volker, Rundfunk etc) reported in my Casebook on Data Protection, where the European courts ruled on the fusion of data protection with privacy. See ‘Next Generation Privacy’ Information and Communications Technology Law accessible at https://doi.org/10.1080/13600834.2020.1732055

In another co-authored paper titled “Personal Data Protection in Nigeria: Reflections on opportunities, options and challenges to legal reforms”, Dr. L.A. Abdulrauf of the Department of Public Law, Faculty of Law, University of Ilorin, states that:

“In spite of its commercial purposes, there is no denying that, data protection has its roots in the right to privacy in international human rights instruments…Thus, the normative basis of data protection is in the human rights instruments which arguably makes it human right too. While some jurisdictions do not even distinguish privacy from data protection, others have anchored their data protection laws on right to privacy. The relationship between data protection and other human rights also strengthens the argument in favour of it being a human right.”

In his contribution to a book titled “African Data Privacy Laws”, Iheanyi Samuel Nwankwo, a research associate at Institute for Legal Informatics, Leibniz Universitat, Hannover, Germany states at page 47 that:

“But irrespective of these conceptual differences, this chapter will focus on information privacy in Nigeria, that is, the aspect of the law that regulates how personal information is collected, processed, accessed, shared and stored by others….The words “data protection” and “information privacy” are used interchangeable and they are intended to mean the same thing…”

From the foregoing interventions, it appears that, from whatever perspective one decides to view ‘data protection’, the underpinning presumption, especially in Nigeria where there exists no judicial decision at the moment, favours the concept of data protection as an integral constituent of right to privacy and that is where this writer has, unassertively, chosen to pitch his tent until a defining decision is handed down by our courts.

Can State governments legislate data protection?

Apparently, “data protection” or its semblance does not exist under the exclusive legislative list but some commentators have curiously argued that, only the Federal Government of Nigeria has the legislative competence to make laws relating to data protection. Senator Ihenyen, Esq.- a consistent Information Technology Lawyer, in a data guidance note, stated that:

“Following Nigeria’s federal system, only the National Assembly has the power to legislate on broadcasting, posts, telegraphs, telephones, televisions, wireless communication and any incidental matters. This is in accordance with the provisions of the second schedule of the Constitution. The implication of this is that, if Nigeria’s federal legislature failed to legislate on data and privacy related matters, state legislators do not have the power to legislate on them”

Without necessarily commenting on the aptitude or otherwise of Mr. Ihenyen’s opinion above, it is worth of note that, item 28 of the exclusive list provides for “fingerprints identification and criminal records” which are universally classified as sensitive data covered by data protection laws, but that is not to say that, sensitive data alone forms the whole gamut of data protection to make it an exclusive matter.

Although a direct answer to the poser here cannot be found in the Constitution which does not prohibit states from legislating fundamental rights, I will attempt an answer by drawing inferences from a similar but specific data protection laws passed by States Houses of Assembly in relation to fundamental right to privacy.

Freedom of Information Act 2011 (FOIA)

The FOIA was passed in 2011 by the National Assembly to, among other things, make information freely available and for the protection of personal privacy. This Act has been repeatedly argued in various courts to guarantee freedom of expression which includes “freedom to receive information” under section 39(1) and right to privacy under section 37 of the Constitution.

In that same 2011, the Ekiti State House of Assembly followed suit when it passed its own Freedom of Information Law to make information available and protect personal privacy. Not long after that Imo and Delta States also passed their own Freedom of Information Laws which, in part, protect personal data as well.

Conclusively, although these laws are not comprehensive as far as standard data protection provisions are concerned, they are nevertheless States enactments on data protection and right to privacy.

With the absence of any item under the exclusive legislative list ceding sole powers to legislate data protection to the Federal Government, it is this writer’s respectful opinion that, States’ Houses of Assembly possess requisite legislative competence to make laws on the subject.

Olumide writes from Lagos, Nigeria.

We Will Arrest You If You Insult A Governor, Senator, President’ – NBC

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We Will Arrest You If You Insult A Governor, Senator, President’ – NBC

The Nigerian Broadcasting Corporation (NBC) on Thursday said it would take legal action against any broadcaster that violates its rules. It cautioned the media to understand the rules and regulations of the profession.

Lagos State NBC Director Chibuike Ogwumike made the announcement in a press release.

Explaining a section of the Broadcasting Code: Section 3.1.: Professional Rules: 3.1.1: No broadcast shall encourage or incite to crime, lead to public disorder or hate, be repugnant to public feelings or contain an offensive reference to any person or organisation, alive or dead or generally be disrespectful to human dignity.

“We expect Broadcasters, especially anchors to show professionalism in the handling of programmes such that guests or callers that exhibit such tendency are professionally handled.

“The recourse to abusing, denigrating and insulting the President, Governors, MPs, and other leaders does not show us as cultured people.” He added.

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JUST IN: NJC Recommends Appointment Of 4 Supreme Court Justices, 3 Heads Of Court, 11 Judges & 4 Khadis [FULL LIST}

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JUST IN: NJC Recommends Appointment Of 4 Supreme Court Justices, 3 Heads Of Court, 11 Judges & 4 Khadis [FULL LIST}

The National Judicial Council has disclosed its decision to recommend to President Muhammadu Buhari, the appointment of four Justices to the Supreme Court of Nigeria.

This is contained in a statement issued by Soji Oye, ESQ., Information Director which was made available to TheNigeriaLawyer.

Furthermore, it further states that it would recommend three heads of Court, eleven Judges of States High Court, and four Khadis of Shariah Court of Appeal to the respective Governors.

The statement reads:

The National Judicial Council under the Chairmanship of the Chief Justice of Nigeria, Honourable Dr. Justice I. T. Muhammad CFR, at its 2nd Virtual Meeting held on 11th and 12th August, 2020, considered the list of candidates presented by its Interview Committee and resolved to recommend the under-listed names of twenty-two (22) successful candidates to President Muhammadu Buhari, GCFR, and their respective State Governors for appointment as Justices of Supreme Court of Nigeria, Heads of Court and other Judicial Officers in Nigeria.

They are as follows:

APPOINTMENT OF FOUR JUSTICES, SUPREME COURT OF NIGERIA
Justice Tijjani Abubakar
(North-East Zone)

Justice Mohammed L. Garba
(North-West Zone)

Justice Abdu Aboki
(North-West Zone)

Justice Mohammed M. Saulawa
(North-west Zone)

The Supreme Court of Nigeria currently have a total number of 12 Justices including the Hon. The Chief Justice of Nigeria, consisting of two (2) Justices from North Central, one (1) from the North East, one (1) from North West, three (3) from South East, one (1) from the South South and three (3) from the South West.

APPOINTMENT CHIEF JUDGE, YOBE STATE
Justice Gumna Kashim Kaigama
APPOINTMENT OF GRAND KADI, SHARIA COURT OF APPEAL, KATSINA STATE
Kadi Muhammed Abubakar
APPOINTMENT OF PRESIDENT, CUSTOMARY COURT OF APPEAL, IMO STATE
i) Justice Mathew Emeka Njoku

APPOINTMENT OF SIX (6) JUDGES, HIGH COURT OF JUSTICE, KANO STATE
Jamilu Shehu Suleiman
Maryam Ahmen Sabo
Sanusi Ado Ma’aji
Abdu Maiwada Abubakar
Zuwaira Yusuf
Hafsat Yahaya Sani
APPOINTMENT OF TWO (2) JUDGES, HIGH COURT OF JUSTICE, TARABA STATE
Clara Jummai Kataps
Kazera Blessing Kodiya

APPOINTMENT OF FOUR (4) KADIS SHARIA COURT OF APPEAL, KADUNA STATE
Muhammad Aminu Danjuma
Mustapha Umar
Muhammad Tukur Rashid
Muhammad Nasir Sidi

APPOINTMENT OF THREE (3) JUDGES, CUSTOMARY COURT OF APPEAL, DELTA STATE
i) Gabriel Nkeiruka Dele Okafor
ii) Grace Abanre Ibiye
iii) Jessica Susan Gberevbie

All recommended candidates are expected to be sworn-in after approval by the President, Muhammadu Buhari, GCFR and their respective State Governors and confirmation by the National Assembly and the respective State House of Assemblies.

NBC’s N5M Fine Imposed On Nigeria Info Over Obadiah’s Interview, Illegal — Femi Falana, SAN

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Rights lawyer and Senior Advocate of Nigeria, Femi Falana, has described as illegal the fine of N5m imposed on Nigeria Info by the National Broadcasting Commission.

The NBC fined the radio station over comments by a former Deputy Governor of the Central Bank of Nigeria, Obadiah Malafia, saying the station grossly violated the revised Nigeria broadcasting code.

The senior advocate posited that the fine was illegal, adding that the revised NBC code was yet to come into effect as the NBC board had not approved it.

He also queried the speed at which the NBC slammed the fine on the radio station, saying the investigation was yet to be completed.

Falana said, “The Chairman of the NBC Board disclosed that the amendment of the Code authorising the payment of the fine of N5m was not approved by the Board.

“That means that the amendment of the Code has not come into force. Assuming that the Code was properly amended the Board cannot charge a suspect with criminal offences, prosecute, convict and impose a fine on him.

“The investigation being conducted into Dr. Obadiah’s interview by the State Security Service has not been concluded. So why was the NBC in a hurry to violate the fundamental right of the broadcasting station to fair hearing?”

Falana also stated that section 33 (4) of the constitution provides that anyone charged with a criminal offence shall be tried before a competent court or tribunal.

He added that the revised code lacks legal competence to impose any fine on broadcast station without finding it guilty by a “properly constituted criminal court”.

He added, “Only a competent court of law is empowered to try, convict and impose a fine on a criminal suspect after a trial has been conducted before a competent court.

“In Mobil Producing Nigeria Unlimited in suit FHC/UY/CS/1623/2016 – National Oil Spill Detection & Response Agency (NOSDRA) vs. Mobil Producing Nigeria Unlimited the Federal High Court per Honourable Justice Ojukwu held that the imposition of fines by regulatory agencies was unlawful. The judgment of the learned trial judge was upheld by the Court of Appeal in the case of Nosdra v Exxon Mobil (2018) JELR 41137 (CA).

“In view of the fact that the imposition of the N5m fine was anchored on a purported amendment of the Code and since the NBC lacks the legal competence to impose a fine on any broadcasting station without a finding of guilt by a properly constituted criminal court the NBC should suo mutu quash the illegal fine.”

“Fighting Corruption Within The Judiciary Has Raised Issues Surrounding The Welfare Of Judges And Magistrates”

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“Fighting Corruption Within The Judiciary Has Raised Issues Surrounding The Welfare Of Judges And Magistrates”

The recent publication “Please Save Our Judges” By Dr. Muiz Banire, SAN has once again brought the welfare of members of our Judiciary to the fore.

There is no time better than now to consider the issue of the remuneration of Judges and Magistrates vis-a-vis the prevalence of corruption within the revered 3rd arm of Government.

I will not repeat what the learned silk has said. You may read his article here: Please Save Our Judges

I will however focus on the welfare of Magistrates, Customary Court Presidents and other lawyers working in the lower Courts in this addendum to what the learned silk had stated.

A Magistrate in Lagos State is paid about 250K per month (no need to state what a President of the Customary Court receives which is less).

A Magistrate and lower court judge are no less of a judge than a High Court, Court of Appeal and Supreme Court Judge. They all are subject to the same professional and moral standards. The only fundamental difference is the Jurisdiction of cases they each handle BUT they are all LAWYERS and subject to the same principles.

It may interest you to know that the case docket of an average Magistrate in Lagos State is between 300 to 700 or more cases. So it’s not an issue of the workload

It is presumed that 70% of all disputes begins at the magistrate court level while more than 80% of all criminal cases is handled and determined at the magistrate courts.

Lawyers of more than 20yrs post call can be found in the magistrate courts while more than 35% of Magistrates have been Magistrates for more than 10years.

The remuneration of Magistrates is abismally poor, the courts they occupy are grossly ill-equipped and they barely have experienced support staff to aid them.

In my fight against Corruption within the Judiciary, I have come to understand the inner workings of the Judiciary, the intrigues and the politics that plays out.

From the moment a Magistrate is appointed he is at the mercy of the system, an unspoken code, never to complain but be ready to do the biding of their superiors who themselves are under some influences of powerful politicians and others who prey on making the judiciary their personal tools to get whatever they want.

Dr. Banire SAN noted accurately that the Judges are part of the society with the same economic needs. I like to think that his article was not only for the JUDGES but for all lawyers working within the Judiciary …….so I take the liberty to retitle is article to read: “SAVE OUR JUDICIARY”.

Another interesting point to note is that while the Judges receive their salaries from the Federal Government through the National Judicial Council, the Magistrates receive theirs from the State Judicial Service Commission, this simply means that while the Judges salary are uniformed across State lines, Magistrates are paid according to the capacity of each State. It is also important to note that respective State Governments have supported Judges by providing extra resources and comforts for judges but our Magistrates are not that fortunate.

In Lagos for instance, the last time some Magistrates got an official car was in 2012 or so. The State Government has only now managed to get some cars for the senior cadre of Magistrates 8 years after. The new Magistrates in Lagos and some older ones take public transport to work yet they are expected to adjudicate on disputes of up to 10million Naira and on criminal matters that involve really dangerous accused persons. I ask: Where is their safety and security, where is the incentive to do their jobs with pride and honour?

Let me make a very important point here ….The lack of proper welfare support for Judicial Officers is not in anyway an excuse to be corrupt! There is no excuse for a judge or magistrate who swore an oath to do justice and uphold the constitution to fail in his oath .

They perform the duty that only God is fit to execute flawlessly BUT they are only humans with all our flaws and sins.

We cannot guarantee that corruption will cease to exist if the Judiciary is well funded but at least we can all get an acceptable standard of Justice if our Judiciary has the basic tools for which to function.

I, therefore, call upon all stakeholders and especially the NBA and all its Branches to take a closer look at all issues concerning the judiciary with the aim of making it the best it possible can.

We owe it to our profession to support our Judiciary because only Lawyers are responsible for this arm of Government.

Insecurity: Gov Ortom Proposes Ownership Of AK47

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Insecurity: Gov Ortom Proposes Ownership Of AK47

Benue State Governor, Samuel Ortom has urged the Federal Government to grant licences to responsible citizens to carry sophisticated weapons such as AK47 to deter criminals from attacking innocent and helpless Nigerians.


He said the policy should be backed by a strict legal framework to prevent illegal possession of arms by the citizenry without exception.


These were some of the submissions contained in the paper Governor Ortom presented Wednesday during the virtual meeting convened by Centre for Values in Leadership, CVL, in collaboration with Nigeria Governors’ Forum(NGF).

In the paper titled ‘Insecurity and Governance Challenges in the New Normal’, the Governor said governments at all levels must come to terms with the fact that insecurity was a real threat to development of the country and be willing to sincerely tackle the menace.


He also recommended adequate funding of security agencies and continuous training of their personnel to enable them be abreast of global dynamics in the fight against insecurity.


The Governor urged the Federal Government to embrace ranching as it was the global best practice of animal husbandry and enact a law to end open grazing, which often comes with attacks on farming communities by armed herdsmen militia.


Ortom also advocated improved educational standards and enhanced public enlightenment campaigns to give the people, particularly youths the needed orientation to shun negative acts and become more patriotic.


He called for the repositioning of National Drug Law Enforcement Agency through training, funding and logistics to successfully confront drug barons and peddlers; a move he said would stop illegal drugs from entering and circulating in the country.


Ortom also recommended that the embargo on employment be lifted and more job opportunities created to take Nigerian youths from the streets.


He tasked the federal, state and local governments to show greater commitment to developing the agricultural value chain to generate more jobs for Nigerians.


Governor Ortom concluded his presentation by stating that Benue State has made significant contributions to national development and as the food basket of the nation, if the state was threatened by insecurity, the negative impact would be on the entire country.

He, therefore, solicited the support of all stakeholders in tackling security challenges and pledged the resolve of his administration to ensure the safety of lives and property.

Southern Kaduna Killings: Military Takes Over Flash Points.

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Southern Kaduna Killings: Military Takes Over Flash Points.

In a bid to curb the lingering attacks an killing in southern Kaduna, the Military has deployed special operation forces towards securing the lives and properties in the area. 


The special Task Force, Operation Safe Heaven (OPSH), maintaining peace in Pleateau, Bauchi as well as part of the southern Kaduna were deployed to the joint operations area covering the various flash points. 

Coordinator Defence Media Operations, Major General John Enenche, who disclosed this during the weekly news conference in Abuja, explained that the move was expected to achieve the desired results with the provision of credible and actionable intelligence specifically from the primary sources.

He, however, to this end he urged residents in the area not to panic but rather cooperate with the security agencies by availing them the required information that would be useful to achieve the collective objective of curbing the criminal activities from the area.


Also speaking on the warning earlier sounded by the United States of America African Command (US AFRICOM) on the infiltration of the Islamic state in Syria (ISIS) and Al-Qaeda in some parts of the country, Enenche said the security agencies were ahead of the evolving security challenges, adding that the Forces were not taking the warning signals for granted. 

“sequel to the warning by US AFRICOM that extremists have begun deploying several strategies to silently re-establish themselves across some regions in Africa including the West Africa sub-region, the Armed Forces of Nigeria and all the relevant security agencies is leaving nothing to chance.

“Consequently, actions in place in this regard are being reviewed to handle this all-important intelligence appropriately. I am directed to assure the general public that this is not a one-off but continuous effort as it were to ensure that the security agencies are ahead of this evolving security challenge”. 

On operations in the North West Zone of the country, the Coordinator said troops of Operation Hadarin Daji have continued the aggressive clearance operations in the entire zone. 


 He said “for the past one month, we have witnessed downward trend in the activities of armed bandits and cattle rustlers in the general areas of Katsina, Kebbi, Zamfara, Sokoto and adjoining states.


“Most of these criminal elements have been decimated. Gradually there is restoration of human activities in the zone. Farmers have returned to their farms while other economic activities have picked up across the zone. 


“The troops have continued to dominate the general area with clearance patrols, aggressive fighting patrols and confidence-building patrols. Enenche added. 


The Coordinator also spoke on the alleged report that troops deployed to fight insurgency in Baga areas of Borno State were dealing in livestock and farming and dismissed the allegations saying that “in line with military procedures, it was investigated and found to be baseless”

HATE SPEECH AND FAKE NEWS ARE NOT OFFENCES IN NIGERIA

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HATE SPEECH AND FAKE NEWS ARE NOT OFFENCES IN NIGERIA

Following the presentation of the Reviewed version of the 6th Edition of the National Broadcasting Code, the media has been awash with the news of increase in the penalty for hate speech and or fake news from five hundred thousand Naira to five million Naira only. It is interesting that no media practitioner or lawyer has taken the time to ask a pertinent question, is there any offence in the Laws of Nigeria known as hate speech or fake news? 

There are no offences or crimes in Nigeria known as, called, or referred to as either hate speech, and fake news. The Nigerian Broadcasting Commission (NBC) cannot create either the offence or crime of fake news or hate speech.

The combined reading of the powers of Commission in Section 2 of the Nigerian Broadcasting Commission Act, to regulate and control the broadcasting industry, establish and disseminate a national broadcasting code and set standards with regard to the contents and quality of materials for broadcast; monitoring broadcasting for harmful emission, interference, and illegal broadcasting; and determining and applying sanctions including revocation of license of defaulting stations which do not operate in accordance with the broadcast code and in the public interest, still does not give it any statutory power or authority to create an Offence through the Broadcasting Code.

There is no provision for payment of financial penalties in the Act. The power to impose a financial penalty can only be given to the NBC by the Law. The NBC cannot give itself the power to create offences and penalties. That power must be specifically conferred on the NBC, which the NBC Act has not. The NBC, therefore, has no power to make subordinate or subsidiary legislation. What the NBC has done in the Code is a usurpation of legislative powers of the National Assembly.

The non-inclusion of fines and penalties as sources of income or revenue for the Commission is evidence that the Act did not mean to impose financial penalties. The identified sources of funding of the Commission are (a) such percentage of fees and levy to be charged by the Commission on the annual income of licensed broadcasting stations owned, established or operated by private individual(s), Federal State or local government; (b) such moneys as may, from time to time, be lent or granted to the Commission by the Government of the Federation or of a State; (c) all moneys raised for the purposes of the Commission by way of gifts, loans, grants-in-aid, testamentary disposition or otherwise; (d) all other assets that may, from time to time, accrue to the Commission. Nowhere in the Act does penalties from fines paid by licensees and Broadcast Stations constitute a source of revenue for the Commission. It appears that the only mention of financial penalties in the Act is in the power of the NBC to prescribe an appropriate fee payable for licenses.

The NBC Act states clearly that the NBC has no power to institute and carry on criminal proceedings for any offence, whether relating to a matter in relation to which they have functions.

In the absence of any provision in the NBC Act, the NBC cannot make subsidiary legislation. The NBC cannot create an offence in the Broadcasting Code, wherein it is the accuser, prosecutor, judge, and executor. If the NBC’s Broadcast Code turned “Penal Code” is allowed to stand, then we would have a Law that discriminates to the extent that what is hate speech and fake news on Radio and Television is not an offence in the print media world of newspapers and magazines.

The attempt by NBC to create a non-existing offence of hate speech to strangulate free speech and free media is the exercise of impunity in the extreme. Our Constitution states in unequivocal words that “ … a person shall not be convicted of a criminal offence unless that offence is defined and the penalty, therefore, is prescribed in a written law …”

Hon. Nimi Walson-Jack
Executive Director
Public Education Works Initiative

Wednesday, 12 August 2020.

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