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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”

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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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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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

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.

Businessday Apologises to Osinbajo Over False Allegation on TSA Funds

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Reading Time: 2 minutes

SWITZERLAND, AUGUST 14 – Businessday newspaper has apologised to Vice President Yemi Osinbajo over the publication of a report wrongly alleging his involvement in an illegal N10bn withdrawal from the Treasury Single Account (TSA).

In a statement published on its online platform, Businessday said that the story failed to meet its editorial standards and acknowledged that it was baseless, unfounded and unsupported by any factual substance.

“We hereby convey our sincere, profound and unstinted apology for allowing our newspaper to be used as a platform by which the said news item was conveyed. The said publication is highly regretted by us and we urge our esteemed readers and the general public not to ascribe or attach our reputation for disseminating accurate information that we expect the public to trust to it,” the statement partly reads.

The report was also published by The Sun newspaper, which the vice president has threatened to sue to court if it does not retract the story and tender an apology within seven days.

Read the full statement below:

“On 9th August 2020, businessday.ng published a story titled “Ex APC spokesman asks Buhari to probe Osinbajo, AuGF over alleged N10bn withdrawal from TSA.”

“That story failed to meet the editorial standards of Business Day Newspaper, as we have since discovered that the story was baseless, unfounded and unsupported by any factual substance.

“We have already disabled the links to the story and hereby retract it completely and unreservedly.

“Business Day apologises to His Excellency, Professor Yemi Osinbajo SAN, the Vice President of the Federal Republic of Nigeria, his family, friends, colleagues and well-wishers for the unwarranted inconvenience and embarrassment the publication has occasioned.

“We hold the Vice President in very high esteem and appreciate his enormous worthy and enviable achievements in the private sector as a respected Professor of Law – of multiple decades standing and Senior Advocate of Nigeria, amongst others; and the worthy and enviable strides he has made in public service as the former Attorney General and Commissioner for Justice Lagos and presently Vice President of Nigeria.

“We hereby convey our sincere, profound and unstinted apology for allowing our newspaper to be used as a platform by which the said news item was conveyed. The said publication is highly regretted by us and we urge our esteemed readers and the general public not to ascribe or attach our reputation for disseminating accurate information that we expect the public to trust to it.

“A letter conveying our unreserved apology has since been sent to the Vice President.”

WOW !!!: Lai Mohammed Wrote 6th Code Alone, We Have No Hands In It – NBC Board Distances Self

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The Board of the National Broadcasting Commission has distanced itself from the six edition of the NBC code announced by the commission in June.
The Board said the new broadcasting code was singlehandedly reviewed by the Minister of Information and Culture, Alhaji Lai Mohammed without consulting any member of the Board.


Ikra Bilbis, the Chairman of the NBC Board disclosed this on Thursday, August 13, 2020, during a press conference in Abuja.

Bilbis said the procedure for the NBC code review, which usually involves staff of the NBC, former DGs, retired Directors and all other relevant stakeholders in broadcasting was flouted by the minister.

He said, “The minister’s version of the revised code does not meet any known criteria of due process and inclusiveness of stakeholders.”

Bilbis further said that Mohammed sidelined the Broadcasting Organisations of Nigeria, Independent Broadcast Association of Nigeria, private media outfits, broadcasters, notable media intellectuals, communication experts, digital team and the academia and singlehandedly carried out the review.

According to the Board Chairman, the sixth edition of the NBC code was borne out of observations made by members of the Federal Executive Council to Mohammed at one of their meetings in 2019.

The FEC members were said to have expressed worry about the divisive broadcasts engaged in by some broadcast media before, during and after the 2019 general elections, and also urged the NBC to strengthen its operations to avert future recurrence.

Bilbis said instead of directing appropriate authorities to act on the observation, the minister went ahead to review the broadcasting code all alone.

He said, “This noble observation of Mr. President was unfortunately misunderstood by the minister of information. Instead of studying and following the law, relevant rules and regulations, and direct the appropriate authorities as stipulated by the law to act on, he erroneously embarked on the review alone.

“From the history, traditions and the convention of the NBC, no Minister of Information has ever interfered in any NBC Code review. After the 2019 presentation of the 6th code (which is the present one), the minister has acted alone with just a handful of his loyalists who have written a new NB Code that has created uproar in the industry, threatening to destroy investments and lead to job losses.

“The NBC Code is a regulatory framework put together jointly by stakeholders to guide their operations in the industry. It is therefore not a unilateral government instrument and is already covered by law hence, not requiring any further Presidential approval. This might be the reason why till date the Hon. Minister cannot show us a copy of the Presidential approval.

“President Buhari is a stickler for due process and he always insists on organisations doing the right thing. The Minister’s version of the revised code does not meet any known criteria of due process and inclusiveness of stakeholders.”

source: https://www.gistmania.com/talk/topic,469967.0.html

Nigeria approves gender and climate change action plan

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The action plan was presented at the virtual meeting of the FEC that was presided by President Muhammadu Buhari on Wednesday, August 12, 2020.

While paving a way for gender responsive climate change initiatives in the country, the National Action Plan is expected to provide guidance to the implementation of different environment and climate change actions to Ministries, Departments and Agencies (MDAs) of government at all levels, including the private sector.

The National Action Plan is the outcome of a collaboration involving the Department of Climate Change of the Federal Ministry of Environment, United Nations Development Programme (UNDP), Women Environment Programme (WEP) and Both Ends.

environewsnigeria

Bank admits Adoke’s $2.2m Was for Loan Repayment

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The Unity Bank Plc admitted on Thursday that the $2.2 million received from former Attorney General of the Federation (AGF) and Minister of Justice, Mr Bello Adoke SAN, was for repayment of a N300M naira he obtained from the bank.

Former Acting Managing Director of he bank Mr Rislanudeen Mohammed made the confirmation at the federal high court in Abuja during the ongoing trial of Adoke and oil magnate Alhaji Aliyu Abubakar on alleged corruption changes.

This is coming as trial judge, Justice Inyang Ekwo, warned reporters to stop linking the trial with Malabu Oil issue, adding that they have access to court records and should ask if they need clarification.

Adoke and the businessman, Abubakar are standing trial on a 14 count amended criminal charge bordering on alleged money laundering and corruption preferred against them by the Economic and Financial Crimes Commission (EFCC).

Mohammed, a second witness of the EFCC in his evidence told the court how Adoke obtained a loan of N300M from the bank and the efforts he made to ensure Adoke repaid the loan.

He said that the loan was finally liquidated when Adoke handed over to him a sum of $2.2 million and that when converted to naira, it exceeded the principal loan amount.

The EFCC witness further disclosed that the former AGF collected the balance and closed the account after the bank deducted all necessary interest regarding the transaction.

Under cross examination by Adoke’s lawyer, Chief Kanu Agabi SAN, the witness admitted accepting $2.2 million dollars on behalf of the bank to liquidate the loan.

He further stated that the $2.2 million was not a proceed of crime because it was in repayment of a loan Adoke obtained from the bank.

“I received the money as an agent of the bank. The money is not available to be confiscated because it is not a proceed of crime.

“I have no reason to believe it is a proceed of crime. The money is not in Adoke’s account because it belongs to the bank”, he said.

The witness further told the court that collecting the money from Adoke’s house did not in anyway constitute an offence because he acted as an agent of the bank.

Testifying further, the witness said upon the full payment of the loan, the title deed used as security by the bank was released by the bank to the second defendant as an indication that the loan has been fully defrayed.

Earlier, the first prosecution witness, a Manager in charge of foreign exchange trade at the Central Bank of Nigeria, Mr Clement Osagie, tendered foreign exchange transaction rates covering August, September and October, 2013 and was admitted as exhibits.

Under cross examination by Olalekan Ojo SAN, lawyer to the second defendant, the witness who stated that the documents tendered were generated from the electronic system of the CBN, said he was not a personnel of the Information Technology (IT) department of the CBN.

Answering a question, Osagie said that the CBN’s licenced Bureau de Change (BdC) operators file report of transactions in CBN forex which are kept by the Trade and Exchange department but he cannot talk on the activities of the BdC.

While admitting that he does not know the defendants in the case, he disclosed that his statement to the EFCC was made after the last court’s proceedings, adding that, “I thought I would just come and tender the documents before the court and go”.

Trial however has been adjourned to September 7, 8, 9, 10 and 11 for continuation of cross examination of the second prosecution witness.

Public Service Rules: D.G. Nigerian Copyright Commission, Asein Replies Detractors

Director-General of Nigerian Copyright Commission, Mr John Asein, has replied his detractors and accusers, who alleged that he was keeping another employment and drawing salaries from both ends long after his retirement.

The NCC boss was accused of keeping the position of the Executive Director of Reproduction Rights Society of Nigeria, a collective management organisation regulated by the commission, a practice, which outrightly violates the public service rules and the code of conduct for public officers.

The economic confidential search further reveals that contrary to the said allegations, Mr Asein had on January 15, 2019 formally resigned from REPRONIG through a letter addressed to Chairman of the Board, Prof Olu Obafemi.

Further investigation reveals that in accepting Asein’s resignation, Obafemi appealed to him to continue rendering a free service of assisting REPRONG in the collection and disbursements of incoming funds as pro-bono project coordinator to receive and distribute project funds to the beneficiary partners.

Meanwhile, in an official memo written to the Board and sighted by Economic Confidential, Mr Asein among other things said the board could not meet because the Chairman of Copyright Commission, Dr. Tonye Clinton Jaja, said he was waiting for a formal report of an investigation by the Federal Ministry of Justice on a petition of conflict of interest against the DG.

The DG NCC’s memo to Jaja further reads, “ With due respect, I wish to note that while the Chairman has repeatedly drawn the attention of the board members to a petition against me, he is not placing the matter before the board to determine the next line of action. Rather, the Chairman has severally by-passed the supervisory Ministry and the Board to initiate his own petitions based on the documents he claimed to have ‘received’”

He also said that he was aware that the Chairman in the month of May 2020 again wrote to the DSS office and he has since lodged a report of the development with the parent ministry of justice.

According to him, he has no doubt that the same letters must have gone to the presidency as well as security and anti-corruption agencies in line with the proclamation of Chief Tony Okoroji at a press conference that he held at COSON House, Ikeja, Lagos on March 10, 2020.

The memo to the Board Chairman further stated that on or about Sunday, February 2nd, 2020, the Chairman of the Board called him to tell him that based on damning petitions from stakeholders, the minister was considering suspending him from office. He said in view of his reputation and goodwill, he should not risk having Chief Okoroji go public and smear his reputation and suggested he should instead consider putting in a letter of resignation to avoid embarrassment that would follow a ministerial action, only to discover later that the minister’s intended actions were not true.

In the said memo, the DG also said the Chairman had reached out to the various in-house unions in the commission with a view to obtaining information from them or instigating them against management all in a bid to have him removed from office as D-G and to reverse the decision to audit the accounts of COSON.

Checks also reveal that the DG of NCC in the memo accused the Chairman of plagiarising his manuscript sent to him in the course of his duties with him. He said In August 2019, the Chairman published a book: Compendium of Nigerian Copyright Law Reports 2019. He noted that two cases out of the 6 cases in that publication were plagiarized from the manuscript he had emailed to him on June 23, 2019. He said rather than own up to the infraction, even though he was willing to overlook it, the Chairman treated him with disdain and brushed the matter aside and later threatening further action against him.

Meanwhile, Asein told the Board members that intelligence report indicate that high-profile pirates have resolved to mobilize all resources available to support the ongoing fight against the commission in the hope that they can work together to remove him from office.