The Nation Newspaper

Category: Law

  • Lagos, monarchs partner against gender violence

    Lagos, monarchs partner against gender violence

    • By Adebisi Onanuga and Elizabeth Eze

    Lagos State government has held a strategic engagement with  traditional rulers in the State to further deepen the drive on the creation awareness on Domestic and Sexual Violence in their respective kingdoms.

    No fewer than 50 monarchs attended the engagement organized  in partnership with the Ministry of Local Government and Chieftaincy Affairs and which held on Thursday at the banquet hall of the Lagos Chamber of Commerce and Industries (LCCI), Alausa, Ikeja.

    Executive Secretary of DSVA, Mrs Titilola Vivour-Adeniyi at the event said  that 336 men sought it’s intervention from abuse in 2023.

    She said this explains why the agency  is now seeking partnership from these influential members of the society in a bid to create group awareness and mutual respect, among their subordinates.

    Mrs Vivour-Adeniyi said the need to engage the traditional rulers on issues relating to gender-based violence  has become imperative as they play  a vital role in swift response and prevention of domestic and sexual violence.

    “Any one can be a victim having previously attended to thousands of survivors including a seven-month  old baby and a 74year old woman.

    “Over the years we’ve gotten reports that survivors have been to the palaces to complain about sexual and gender based violence.

    “So we know that they are addressing this issue in the way they know how to. And so it is important that we leverage on existing institutions such as traditional institutions, equip them and letting them know that these are crimes committed against the state and letting them know their roles in preventing and responding, letting them know the referral pathways that should be activated and letting them know where their intervention should stop and when government should step in.”

    Mrs Vivour-Adeniyi stated that the State Governor,  Babajide Sanwo-Olu has declared zero tolerance for all forms of Sexual and Gender-Based Violence and it is important that everyone plays their role on the same page in addressing the menace.

     “Today we stand united with our traditional rulers as key stakeholders with collective commitment to eradicate Sexual and Gender-Based Violence.

    “You play a pivotal role in shaping the cultural and social fabric of our communities, your involvement is essential in spreading awareness debunking stereotypes and fostering an environment that rejects Violence.

    “As royal majesties, you are trusted figures in the communities and in the different kingdoms that you represent, you have power to inspire change. By actively engaging with you, we know that you will be able to influence attitude, encourage open dialogue and champion Initiatives that promote respect and equality.

    “Together, our Traditional Rulers, you are integral to the success of our mission. Your commitment and involvement underscore the significance of eradicating sexual and gender-based violence, creating a society where everyone can thrive in safety and dignity.”

    During her presentation, titled; Sexual and Domestic Violence: It’s Our Collective Responsibility, Mrs Ibidunni Alakija, took the traditional rulers through the rudiment of Sexual and Domestic Violence, how to identify different forms of sexual violence and ways to address them in their various communities.

    She said that the agency offers medical assistance, rescue operations, legal assistance, law enforcement, psychosocial support (counselling) and emergency assistance, as well as empowerment.

    Read Also: Fed Govt to prosecute sex, gender violence in schools, says Fagbemi

    Mr. Babatunde Afuwape, representing HRH, Oba Kasali Semiudeen – Adeboruwa of Igbogbo Kingdom spoke on the roles of Traditional Rulers on Preventing Sexual and Gender Based Violence in Lagos State and proposed various ways on how Traditional Rulers can intervene to stem the tide in preventing the menace in their communities.

    Responding on behalf of other Monarchs, the Olofin Ajaiye of Orugbo Ido, Oba Adewale Abdul called for concerted effort by the state, local governments and traditional rulers to be able to address the menace of Gender-Based Violence.

    “So many problems emanated from the home and that is the aftermath effect of what we are seeing right now . In my area it is not too rampant, once in a while when they bring those children or adults to my attention, I call my chiefs and we sit down and try to manage it, because we can’t separate the homes”, he said.

    He lauded the initiative of the DSVA as well as other partners aimed at eradicating the menace while seeking support of citizens to enable government achieve the goals of putting a halt to the cases of Sexual and Gender-Based Violence in Lagos state.

    Other participants at the strategic meeting  suggested whistle blowing mechanisms and the need for continuous sensitisation in the communities.

    A call was made for punitive measures on those that involved in unscrupulous acts within the communities as this will serve as deterrent to others who may want to tow that same path.

  • Association sues Rivers Assembly for vetoing four bills

    Association sues Rivers Assembly for vetoing four bills

    The Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) has sued the Rivers State House of Assembly at the Federal High Court in Abuja for vetoing four bills declined by Governor Siminalayi Fubara.

    Joined in the suit are the Speaker, Martin Chike Amaewhule, the clerk, all members of the Assembly and Fubara.

    In the suit numbered FHC/ABJ/CS/13/2024, the plaintiff argued that the House did not meet the quorum requirement to give such proceeding validity, which is that a two-thirds majority must be present.

    One of the issues in controversy was the bills sought to remove the power of the governor to appoint caretaker committee chairmen for local governments.

    In a supporting affidavit by the applicant’s secretary Dr Tonye Jaja, the group claimed “the purported bills were a strategic manipulation to remove certain powers of the governor and sideline him.”

    Read Also: Attack on Rivers Assembly: Court refuses bail for three suspects

    The applicant, in the originating summons, is praying for a declaration that 30 days elapsed from when the House submitted the Bills to the governor and therefore the bills passed were unconstitutional, null and void and of no effect whatsoever.

    It sought a declaration that the House “did not follow the legislative procedure such as first reading, etc, before vetoing the governor”.

    The association also sought a declaration that “a state House of Assembly cannot legislate on the local government other than as stipulated by Section 7 of the Constitution (as altered) and any such legislation was unconstitutional, null and void and of no effect whatever”.

    The applicant urged the court to determine whether the House can also veto a Finance Bill and whether a quorum was duly formed during the veto process.

    The association asked the court to determine whether the lawmakers that voted were valid members whose seats had not been declared vacant due to their defection to the All Progressives Congress (APC) from their political party, among other prayers.

  • NBA-SBL Eastern Zone Conference holds in Enugu, March 20

    NBA-SBL Eastern Zone Conference holds in Enugu, March 20

    The inaugural conference of the Nigerian Bar Association Section on Business Law (NBA-SBL) Eastern Zone, would take place on Wednesday, March 20, 2024.

    The theme is, “Unlocking Prosperity: Exploring the Legal and Entrepreneurial Business Opportunities in the Eastern Zone of Nigeria”.

    According to the Chairman, NBA-SBL Eastern Zonal Committee, Dr. Jude Ezegwui, and the immediate past Chairman, NBA Enugu Branch, the venue of the one-day conference is Hotel Sunshine, Plot C5, Presidential Road, Independence Layout, Enugu, Enugu State.

    Registration fees for young lawyers, who are SBL members is N5,000; young lawyers, who are non-SBL members is N10,000, which is inclusive of free SBL membership in 2024; senior lawyers with more than seven years of post-call experience, who are SBL members is N15,000; while senior lawyers with more than seven years of post-call experience for non-SBL members is N20,000, which is inclusive of free SBL membership in 2024, Dr. Ezegwui added.

    Read Also: CEO Agu greets Enugu Governor Mbah on Award

    Furthermore, the Chairman, Conference Planning Committee, Anaemeka Egonu, disclosed that for sponsorship and further inquiries, the following can be contacted: info@nbasbl.org, Ehi Barnabas Henry on 08037780864 or Tony Atambi on 07063090833. The committee also informed that necessary efforts are being put in place to ensure a successful outing.

    The Secretary of the Conference Planning, Damaris Nnajiofor,  confirmed this saying that appropriate sub-committees had been put in place to cater for logistics and accommodation; content development; media, technology and publicity; as well as protocol and entertainment; aside from the rich panel and technical sessions to be included on legal and entrepreneurial business opportunities in the zone.

    Since its inception in 2004, the NBA-SBL has served as the veritable converging point for decision-makers in both the public and private sectors, policy formulators, regulators and industry practitioners to find solutions to the myriad of challenges limiting businesses.

     The NBA-SBL has, at its apex, a council that is currently chaired by Dr. Adeoye Adefulu and other experienced members, using sector-focused committees that cover existing, and new areas of commercial law practice in Nigeria.

  • Alleged defamation: Activist’s bail hearing delayed

    Alleged defamation: Activist’s bail hearing delayed

    The detention of an activist and social commentator, Comrade Boniface Okonkwo, may continue for a few more days as Justice Vincent Agbata of the High Court sitting in Nnewi, Anambra State will not sit today.

    Hearing on Okonkwo’s bail application was fixed for today, but it was learnt that the judge would not sit today and tomorrow.

    Okonkwo has been in detention since January 3 when he was arrested following a complaint by businessman Sir Emeka Offor.

    Okonkwo was last Wednesday arraigned over alleged defamation but was denied bail.

    Counsel for the defendant, Sebastian Okonkwo, told reporters last week: “I was not aware that my client would be arraigned. I was only called a few hours ahead to prepare for the court sitting.

    “The charge brought against him was not on cybercrime as earlier stated, but on defamation under Anambra State Criminal Code.

    “I applied for his bail, but the counsel for the complainant opposed the bail application on the ground that it is a High Court and that the application won’t be oral.

    “The matter was adjourned to Tuesday for us to file a motion for bail.

    “I expected the court to grant him bail because the law is sacrosanct and clear on that.

    “If it’s a misdemeanour, you grant the accused bail. And this is a pure case of misdemeanour, not a felony or capital offence.

    “The lawyers for the state came up with the argument that the accused, in his statement to the police, said he lived in South Africa for almost 14 years.

    Read Also: Businessman Atoyebi sues media outlet, firm over defamation

    “According to the lawyers, they’re not sure he’ll remain in Nigeria and is likely to run away if granted bail.

    “We told the court he has a surety which is the essence of bail until the matter is disposed.

    “Again, the fact that he lives in South Africa or any other part of the world is not a basis for his likely escape, unless there’s any other reason for the court to believe so.”

    “Remember, the young man was arrested in the village, and there has not been any manifest act to show that if he’ll jump bail if granted.

    “But as a lawyer who believes in the rule of law, we’ll wait for the judge to deliver his ruling on Tuesday so the young man will not continue being detained.”

    Court sources said a new date will be communicated to the parties.

    Offor and Okonkwo are from the same Oraifite community in Ekwusigo local government area of the state.

    The South Africa-based businessman had sued the Inspector General of Police IGP Kayode Egbetokun, Offor and five others over alleged unlawful arrest and detention.

    He is demanding N50million damages for his unlawful detention.

    The fundamental rights case is pending before Justice Nnamdi Dimgba of the Federal High Court, Awka Division.

  • Olanipekun: it’s time for restructuring, new constitution

    Olanipekun: it’s time for restructuring, new constitution

    A former Nigerian Bar Association (NBA) President, Chief Wole Olanipekun (SAN), has restated the call for restructuring and a new constitution.

    He believes one of the ways to quickly actualise the blueprints and assurances of the Bola Tinubu Administration “is the immediate restructuring of this country in every material particular”.

    Olanipekun also said any meaningful amendment “must start from righting the lies told against itself by the constitution”.

    He faulted the centralised policing structure and the description of governors as chief security officers of their states when they lack control over the agencies.

    The former Body of Benchers Chairman delivered the 40th convocation lecture of the Olabisi Onabanjo University, Ago-Iwoye, Ogun State, last Wednesday.

    He spoke on the theme: “Mass exodus of human capital in Nigeria: an anatomical analysis of the causes and effects.”

    The SAN acknowledged efforts towards birthing a workable document which has, over the years led to the first, second, third, fourth and now fifth alterations.

    “I maintain the view that all these still remain a charade, or better put, a window dressing,” he said.

     New constitution needed

     Olanipekun wondered who the “people” referred to in the preamble of the constitution are, arguing that no singular person can assume the pronoun ‘we’. 

    He recalled that the 1999 Constitution was promulgated by the military regime of General Abdulsalami Abubakar after the Constitution Debate Co-ordinating Committee led by Justice Niki Tobi submitted its report.

    The committee, he noted, barely had two months to consult with Nigerians before submitting its report.

    Olanipekun said: “The report was merely advisory and cannot by any means of argument answer the question ‘who are the ‘we’?”

    He added: “The National Assembly has to put on the right ‘thinking cap’ in order to completely overhaul the present constitution.

    “This has been my sing-song and homily in several presentations, and it is a patriotic call which we can only neglect at our own collective peril.”

    Olanipekun’s call comes days after another former NBA president, Dr Olisa Agbakoba (SAN), called for a new constitution that will have the input of the “owners of Nigeria”.

     Need for restructuring

     On the need for restructuring, Olanipekun noted that Section 2(2) of the constitution describes Nigeria as a ‘federation’ when in actual fact, it is a unitary system.

    Read Also: Ex-NSA Gusau, Olanipekun join push for state police

    Citing a section, he asked: “How can a country be a federation when all ‘the entire property in and control of all minerals, mineral oils and natural gas in, under or upon any land in Nigeria or in, under or upon the territorial waters and the Exclusive Economic Zone of Nigeria is vested in the Government of the Federation’?

    “What is then left for the component units known as the states?

    “The effect of this is that all states queue at the Federal Capital Territory on a monthly basis for handouts, rather than the states contributing to the centre. 

    “As far as I am concerned, this is the beginning of our economic woes which is sending Nigerians fleeing the country in their droves.”

    Centralised policing faulty

    Olanipekun, who lamented the killing of two monarchs and abduction of pupils in his home state Ekiti, said the same unitary system also adversely affects security.

    He stressed that a governor is only the chief security officer in name because he has no control over security agencies, which to him is an anomaly.

    Olanipekun said: “In terms of security, how do we have a Federal Government with federating states where the governors do not have any jurisdiction or power over the security systems or apparati in their state; yet a governor is casually labelled as the chief security officer of his state!

    “He does not appoint the Commissioner of Police in his state as all he hears is the deployment of a Commissioner of Police to his State. He has no say, even in the deployment.

    “We should stop deceiving ourselves by sending Police Commissioners from any state in the North to the Southwest or the Southeast or vice versa when such Police Commissioners have never been to such places before or have any idea or knowledge of the language or dialect of the people.”

    He added: “I appeal to President Tinubu that the time to restructure this country is now,” Olanipekun said.

     ‘Make Chapter 2 of Constitution justiceable’

    The SAN, in the over 17,000-word lecture, called for Chapter 2 of the Constitution relating to the fundamental objectives and directive principles of state policy to be made justiceable.

    Olanipekun said: “It is appalling that these fundamental ideals are considered non-justiciable. That is, they are not enforceable duties.

    “Without mincing words, these ought to have constituted integral constituents of the Fundamental Human Rights.

    “Otherwise, of what essence is the enforceable right to life under section 33 of the Constitution, when the commensurate rights to livelihood as expressed through the economic objectives, food security and educational rights under Chapter 2 are not enforceable?”

     On FAAN, CBN relocation to Lagos

    The SAN faulted the comments by Senator Ali Ndume that there will be “political consequences” if some departments of the Central Bank of Nigeria (CBN) and the headquarters of the Federal Airports Authority of Nigeria (FAAN) are moved to Lagos.

    He said: “Surprisingly, a ranking Senator of the Federal Republic of Nigeria has threatened fire and brimstone on the simple and logical relocations, further warning (or is it threatening?) the President of the political consequences of his action.

    “It would be recalled that prior to the last administration, the FAAN Headquarters had always been in Lagos, and inexplicably so.

    “It would also be recalled that as at the time Lagos used to be the capital of Nigeria, the Nigeria Defence Academy was located in Kaduna, and it is still there to date.

    “Ditto for a lot of Federal Government parastatals and agencies.

    “It is not a subject of debate that Lagos is the commercial Capital of Nigeria, just as Dubai is the commercial capital of the United Arab Emirates (UAE) and New York, the commercial capital of the United States of America (U.S.A).

    “The case of South Africa presents a vivid and instructive example of the seamless working of an ideal nation, as the capital is in Pretoria, while the Parliament is at Cape Town, the Judiciary is headquartered at Bloemfontein, the Constitutional Court is at Johannesburg. Okey Ikechukwu’s recent piece on this subject is very illustrative.

    “While Washington D.C is now the capital of the U.S.A, most of the country’s strategic establishments are housed in New York. Brasilia is the present capital of Brazil, but Rio de Janeiro, the old capital is still treated as a national treasure house.

    “No German leader discriminates as between Berlin which is the present capital of Germany and Bonn, the former capital. As between Jerusalem and Tel Aviv, no Israeli leader will ever discriminate.

    “Even on a global scale, the Headquarters of the United Nations is in New York, while the International Court of Justice is located in the Hague, Netherlands. The examples are limitless.”

     How to halt ‘japa’ syndrome

    Olanipekun noted that youths are leaving the country en masse because of joblessness, frustration and man’s inhumanity to man, but warned against the dangers of the ‘japa’ syndrome as not all that glitters is gold.

    He said: “Those fleeing the country should weigh the options very well, and be reminded of Hobson’s treatise on Imperialism.

    “Taking a cue from Hobson, the exodus of human capital is akin to the extension of the national markets into foreign land, in search of profits greater than those available in the Mother Country.

    “Apart from Hobson’s position is the issue of loss of national identity, from one generation to another, as we are witnessing now.

    “Native language or, call it mother tongue, is the strongest weapon that links a person to his roots, and this is learnt right from one’s cradle or infancy.

    “China and Japan are veritable examples of countries that are developing so fast because all educational tools and modes of communication are in their respective languages.

    “Here we are in Nigeria, with some of our children who cannot communicate with us, in our so-called mother tongues; the case of the grandchildren is more pathetic.

    “Let us pause for a second and ask ourselves whether we have a typical English or American child who cannot communicate in the English language. We are in a serious dilemma, and plunging into an unending conundrum,” Olanpekun said.

    The legal giant added: “Juxtaposing this old practice with the efflux or exodus of our human capital as represented by our youths today, the intriguing question arises, that is, what does Nigeria gain in this present narrative?

    “Indeed, we gain nothing; whereas, we lose all! Our generation has inflicted this sordid situation on our children/youths, as well as ourselves, hence, it is imperative we halt the negative trend; otherwise, history will be harsh on all of us.”

  • Human Rights: Lagos CP assures lawyers of seamless access to suspects in cells

    Human Rights: Lagos CP assures lawyers of seamless access to suspects in cells

    Lagos State Commissioner of Police (CP), Adegoke Fayoade has assured lawyers of seamless access to suspects in holding cells in Police stations across the state to protect their rights henceforth.

    The Commissioner of Police gave the assurance last week while inaugurating the Police Duty Solicitors Scheme Advisory Committee (PDSS) at the Conference Room of the state Command, Ikeja.

    CP Fayoade said all Area Commanders in the state would be duly informed of the development to ensure that nothing hinders their access to suspects in the holding cells.

    “I know it used to be the magistrates that visit police stations but this time it is going to include the Advisory Committee and that will go a long way to improve the criminal justice system especially in the area of suspects in our holding cell”, he said.

    CP Fayoade promised to ensure that the global standard of Police is sustained especially in the area of human rights to ensure that nobody is detained longer than is necessary.

    He assured that if it becomes necessary to hold a person longer than is necessary, the due process would be followed by getting orders from courts of competent jurisdiction.

    He also promised cooperation between the two bodies, stressing that respect for justice would be done transparently.

    The Chief Judge of Lagos State, Justice Kazeem Alogba, represented by a Deputy Chief Registrar, Mrs Feyishola Azeez, expressed delight over the inauguration of the PDSS advisory Committee which he said would be useful to the people of the state.

    Justice Alogba said: “the counsels engaged in PDSS would aid citizens to ensure that the state does not abuse the right of the citizens, thereby does not lead to litigation

    The State Coordinator of PDSS Advisory Committee, Mrs Iyabo Akingbade said that the scheme was an intervention that was conceptualized to provide early advice and legal representation to suspects and detainees in the cells in the different police formations across the country and being implemented under Police Order 20, as amended

    She said the same Police Order 20 made provision for the establishment of PDSS advisory council and to be replicated in all states of the federation

    Read Also: Seven facts about new Lagos CP, Adegoke Fayoade

    She noted that past attempt failed because most of the CP did not stay long in office before being transferred.

    She commended CP Fayoade for inaugurating the committee within a short time of assuming office in the state and his determination to ensure that everybody’s right is respected in the state.

    “On a recent visit to Panti,  it shows Lagos is blessed with officers ready to respect the rights of the citizens”, she noted.

    The South West Coordinator of National Human Rights Commission (NHRC), Dr Lucas Koyejo described the inauguration of the PDSS advisory Committee as part of the mandate of the commission to ensure protection of the rights of the citizens.

    “One of the mandates is to visit police cells and correctional centres to ensure that in the course of detention, the rights of those in such places are not violated. You are presumed innocent until proven guilty under the  law.”

    Vice Chairman Nigerian Bar Association(NBA) Ikorodu, Mrs Bemigho Elijah and her counterpart from NBA, Lagos, Mrs Esther Jimoh commended the inauguration of the committee and disclosed that the branches have been visiting  holding cells in their respective jurisdiction and have enjoyed a lot of support from the Police.

  • Alleged contempt: Court rules Feb 25 on Acouns’ applications on Abott

    Alleged contempt: Court rules Feb 25 on Acouns’ applications on Abott

    The Federal High Court sitting in Lagos will on February 25 rule on an application by Acouns Nigeria Limited seeking the withdrawal of an allegedly contemptuous letter written by a multinational pharmaceutical group and its subsidiaries doing business under the Abott trade name.

    Justice Kehinde Ogundare fixed the date on January 31, 2024, after hearing Acouns’ counsel Tayo Oyetibo (SAN) and Oluseye Opasanya (SAN) for the 3rd – 8th Defendants (Abbott Companies).

    Acouns is the plaintiff/applicant in the suit marked FHC/L/CS/ 1528/2023.

    The 1st to 8th Defendants/Respondents are the National Agency for Food and Drug Administration and Control (NAFDAC), Nigeria Customs Service Board, Abbott Rapid DX International Limited, Abbott Laboratories Inc, Abbott Rapid Diagnostics (PTY) Limited, Abbott Rapid Diagnostics Jena GMBH, Abbott Diagnostics Medical Co Limited And Alere Switzerland GMBH.

    At the resumption of proceedings, the court heard the Plaintiff’s application dated  November 10, 2023 seeking the withdrawal of the 3rd – 8th Defendants’ alleged contemptuous letter dated  October 30, 2023.

    Oyetibo adopted the application and other processes and Opasanya adopted the 3rd – 8th Defendants’ processes including additional arguments filed the previous day.

    Acouns is, among others, asking the court to compel the Abbott Companies’ counsel to withdraw their letter which it alleged was issued to the whole world affirming that an ex-parte order of the court made on August 28, 2023 had elapsed while their application to discharge the ex-parte order was still pending.

    After the application was argued, and both parties made their submissions, the court adjourned till February 26, 2024 for ruling on the Plaintiff’s application.

    In particular, the plaintiff is seeking, “An Order that the 3rd-8th Defendants shall withdraw or cause to be withdrawn from circulation the letter marked Exhibit ACOUNS-2 in this application, dated 30th October 2023, titled: “To whom it may concern”, “Letter of Comfort”, which was issued and published by their Solicitor, Oluwafikayomi Ogunrinde of Olaniwun Ajayi LP whilst their application filed on September  15,2023 seeking to set aside, discharge or vacate the order made by this Court on August 28, 2023, is still pending before this court.

    “An Order that the letter of withdrawal shall contain, inter alia, the following statements:

    (a) “Our letter dated 30th October 2023 titled “To whom it may concern” “Letter of Comfort” “Re: Suit No. FHC/L/CS/1528/2023 Acouns Nigeria Limited v. National Agency for Food and Drug Administration and Control & 7 Ors.” is hereby withdrawn from circulation;

    Read Also: Court restrains firm from importing HIV test kit

    (b) Our statements in the letter where we declared as follows:

    “By virtue of Order 26 Rules 2, 8, 9 and 10 of the Federal High Court (Civil Procedure) Rules 2019 (the Rules), the Restraining Order has automatically lapsed following the expiration of time (14 days from date of filing) allowed by the Rules for hearing and determination of the Application to Discharge. Consequently, the Restraining Order no longer subsists by operation of law. We, therefore, affirm that, as of today, there are no identified legal restraints, impediments or injunctive orders arising from the suit… Thus, nothing that hinders the importation, distribution or sale of the Determine HIV ½ Test kit in Nigeria.’ were wrongfully made.”

    “An order that the letter of withdrawal shall be filed in this court and served on the Plaintiff’s counsel within seven days of the order of this court.

    “An order that the 3rd to 8th defendants shall not make any application to this court for the discharge, variation, vacation and/or setting aside of the order of this court made on  August28 2023 unless and until they havemade full compliance with the orders. in paragraph (1), (2), and (3) above.”

  • Insecurity: calls for state police get louder

    Insecurity: calls for state police get louder

    Rising insecurity has reignited calls for state police. Last week, Katsina State Governor, Dikko Umar Radda, joined the call. He believes it will help tackle insurgency and banditry. Radda’s position changes the perception that the North is opposed to state police. But, how realistic is the demand, and what steps need to be taken to make it a reality? ADEBISI ONANUGA sought the views of legal experts.

    Nigerians are still smarting from the recent abductions of residents from a residential estate in Abuja.

    January 7 is a day Abuja lawyer, Oladosu Folorunso Ariyo, will never forget.

    A gang of kidnappers dressed in full military camouflage invaded his home located at Sagwari Layout Estate in Dutse, Abuja.

    They kidnapped his wife, also a lawyer, and their four children.

    The kidnappers demanded N60million ransom.

    Ariyo was only able to raise N7 million.

    The assailants killed Ariyo’s 13-year-old child Michelle and dumped her body on Kaduna Road.

    It was one of many horror kidnap stories in recent times.

    Communities have also been attacked and hundreds killed.

    On Christmas Eve last year, gunmen attacked villages in Plateau State, killing at least 150 people in 17 communities, and burning down houses.                                                     

    Some of the locals said that it took more than 12 hours before security agencies responded to their calls for help.

    Sunday Dawum, a youth leader in Bokkos, the council areas, said he called security agencies, but they never came.

    “The ambush started at around 6.00 p.m, but security reached our place by 7.00 a.m,” he said.

    The situation highlights the demerits of a centralised policing system.

    Proponents of state police believe that with a well-equipped local police, responding to such distress calls should not take so long.

    Governor rekindles call 

    Last Thursday, Katsina State Governor Dikko Umar Radda, said states should be allowed to establish their police commands.

    He made the call at a two-day “Roundtable on Insecurity in Northern Nigeria” held at the Nigerian Army Resource Centre (NARC) in Abuja.

    The governor argued that allowing states to establish their police commands would replace existing security outfits.

    The governor explained why: “The Northwest region, particularly in recent years, has faced an alarming surge in various forms of insecurity, including banditry, kidnapping, insurgency, and communal conflict.

    “These challenges have disrupted the lives of countless Nigerians and hindered economic growth and development in the area.

    “Addressing this crisis requires a concerted effort and a unified approach, transcending state boundaries.

    “To understand the significance of regional cooperation in the fight against insecurity, several factors must be considered. The first is the cross-border nature of insecurity.

    “Our experience with bandits shows that they operate freely between Katsina, Zamfara, and Sokoto.

    “Any effort to push them out of one state leads them to safe havens in neighbouring states, and they often return to their original base.”

    Case for state police

    Over 100,000 persons were killed from 2009 to 2015 in Borno alone, said Vice President Kashim Shettima, a former governor of the state.

    Another 63,111 were killed across the country from June 2015 to May 2023 by terrorists, bandits, herders, communal combatants, cult gangs and in extra-judicial killings by security agents, according to the Council on Foreign Relations’ Nigeria Security Tracker.

    With over 371,000 officers, the Nigeria Police Force is overwhelmed, and many parts of the country lack any permanent police presence.

    Insurgents of different stripes taking advantage of this have seized control of some hinterland territories, imposing brutal, bloody rule over the locals.

    In response, the military is now deployed in all 36 states and the Federal Capital Territory, a major distraction from its role of territorial defence.

    In cases of emergencies, police would sometimes decline to respond on the ground that there is no petrol in their vehicles.

    Some other times, their response would come so late after the suspense must have escaped.

    With insecurity on the rise, it has become apparent that state policing can no longer wait.

    Law teacher and prosecutor Wahab Shittu (SAN), Dr Fassy Yusuf; former Chairman of the Nigerian Bar Association Section of Public Interest and Development Law (NBA-SPIDEL), Dr Monday Ubani and former Director General of the Bureau of Public Service Reforms, Dr Joe Abah, also a lawyer, backed the call for state police.

    According to Shittu, federalism without state policing is an anathema and a contradiction in terms.

    He argued that a federalism such as Nigeria’s with central policing is ‘federalism in the reverse gear’: a unitary system of government masquerading as a federalist structure.

    Policing at the grassroots, which state police will guarantee, will ensure improved security, he stressed.

    “Indigenes know and understand their terrain better,” the SAN said.

    Shittu added: “State policing will ensure effective and efficient policing in that law enforcement agents will easily identify by the geography of the environment the hideout and identities of criminals.

    “By way of analogy, drafting personnel from Anambra to police Zamfara, an unfamiliar environment is a disaster.

    “First such persons are unfamiliar with the language, culture and criminal antecedents of the area.

    “On the contrary state police implies indigenes of every state can effectively police the area because they know the terrain.”

    Besides, Shittu said state policing is consistent with devolution of powers – a major attribute of federalism.

    “Devolution of powers implies states are not only in control of policing but also its funding, logistics, independence, autonomy and infrastructure thereby enhancing efficiency and effectiveness.

    “This will translate into a drastic reduction in crime rate, better coordination and service delivery quality.

    “I have heard arguments about the possibility of abuse of state police by the ruling elites against political opponents.

    “Who says the central policing too is not free from such abuses? The possibility of abuse of state policing is not sufficient justification against its use in a federalist structure such as Nigeria,” he said.

     ‘Let policemen operate in their domains’

    Dr Yusuf said the call for state police can be justified.

    He called for a localised policing system that would recruit from the locality while senior ranks would be rotated.

    Yusuf suggested: “Let Policemen operate within their domain and have a central headquarters, and officers to take care of administration.

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    “But those going to the fields should operate in their locality and that will solve the situation because the security is local.”

    Abah: abuses can be managed

    Abah thinks the fear of abuse should not be a reason to jettison state police.

    In a text on X, formerly Twitter, he stated: “When we mostly agree that something is not working (like unitary policing), we should not be afraid to try something new (like state police) for fear of abuse, particularly as the current system is similarly being abused.

    “Instead, let’s think of how to constrain any future abuse.”

    Ubani: adopt state police

    Ubani argued that a heterogeneous country like Nigeria cannot be effectively policed through a centralised policing mechanism.

    He also said it is illogical to brand a governor as chief security officer of the state when in fact, he is not.

    This, he noted, is because a police commissioner in a state is being controlled by an Inspector-General of Police who is in Abuja and whose loyalty is somewhere else.

    He also noted that most governors are the ones part-funding the Federal police, yet they are not subject to their command and control.

    Ubani stressed the need to explore the state policing system with elaborate provisions in the law against any inherent abuse.

    He said such enabling law must provide that the arrangement is optional as there may be states that want to remain under the centralised policing system.

    Ubani said the law must also provide that only states that want state police and have the necessary capacity should be allowed to create their policing system.

    ‘How state police can work’

    According to the former NBA-SPIDEL chairman, what constitutes an abuse by any state agent should be properly spelt out by the law.

    He said one of the measures is that when a governor oversteps his bounds in the use of the state police, the Federal police should be called in immediately to intervene and override the autocratic powers of the governor.

    “Secondly the state government that wants state police must show financial capacity which criteria again should be elaborately spelt out,” he said.  

    ‘Why Nigeria must adopt state police’

     Ubani believes there is no need for further delays in taking steps to introduce state police.

    “The point is nothing ventured, nothing won. Let us try this state policing system as the federal policing system has recorded complete failure in securing Nigeria and Nigerians.

    “My weekend experience in an area in Anambra State for a burial and the recent incidence of kidnapping all over the country makes it imperative that another security arrangement is desirable for Nigeria if we must succeed in securing lives and properties in the country,” the NBA Vice President stressed.

    Many arguments have been advanced against and in favour of state police.

    While the arguments against state police cannot be discountenanced, most Nigerians agree that the advantages of having a complementary outfit to the current policing structure outweigh the demerits.

  • ‘Our engagements are yielding results’

    ‘Our engagements are yielding results’

    The Executive Secretary, Domestic and Sexual Violence Agency (DSVA) Mrs Titi Vivour-Adeniyi has said that the various engagements being carried out by the agency have started yielding fruitful result.

    Mrs Vivour-Adeniyi stated in September, 2023 alone, not less than 416 people reportedcases of sexual and domestic violence to the agency.

    The figure, according to her, “is the first time ever” for any particular month when compared to 436 reported cases for the month of October and November of the year 2023.

    DSVA Executive Secretary Mrs Titi Vivour-Adeniyi  said “the figure can be directly be attributed to Sexual and Domestic violence awareness month of September during which we heightened a lot of awareness about this issue”.

    Mrs Vivour-Adeniyi disclosed this while answering questions from journalists during the agency’s engagement of artisans, CDC and CDA members on Sexual and Gender Based Violence held at Lagos Chamber of Commerce and Industry (LCCI) Hall, Ikeja.

    “We have seen a direct link between increase in creating awareness and in reporting. So, we are confident that with these engagement, and also leveraging on existing structure in the community, we hope that these artisans will go back to their communities and take the message back and establish a referrals between them and the agency so that in the communities, they now know that if they see something, they have to say something and more importantly, they know who to report to”, she said.

    She said one of the statutory functions of the DSVA is to organise and carry out  sensitisation and create awareness about these issues because  SGBV thrives in a culture of silence adding “we also know it behoves on everyone to break that culture of silence and encourage people to speak up and speak out.

    “Last year, we had several campaigns, we went to communities to speak on all these.We identified artisans, CDC, CDA’s as critical stakeholders in the fight against SGBV.

    “That was what informed our partnership with the Ministry of Wealth Creation to engage artisans and the local governments to engage the ccitizens”, she said.

    She disclosed that 150 artisans drawn from different associations, including  chairmen of CDC, CDA members and other groups of artisans participated in the engagement.

    Director of Administration, Centre for Women’s Health and Information  (CEWHIN), Mrs. Atinuke Odukoya in the first discourse, “Overview of Sexual and Gender Based Violence” described technology as a new trend in the fight against SGBV.Mrs Odukoya lamented that the more we are using technology, the more certain things are coming up and that the society is not able to grabble with it.She said there is so much that are  hidden under a phone because this is text servy generation of people.”The more the world is a global village, streaming is online  and so many of other things, the more you  have to be coming up with new things to fight them. You have to keep up the pace and finding out news things to defeat them.”

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    On why it is important for DSVA to continue to sensitise the society as being done over the years, Mrs Odukoya said what the agency is trying to do is to promote a mindset change and a behavioural attitude in how we do things.It is a long time change. It is  not something that happens overnight.It is something you need to keep on reiterating over and over again so that people can hear,  process and begin to act differently.”If you hear something once and you go out and forget about 80 per cent of it is very likely . But the more you hear, the more you are able to do something about what you are hearing. The more you are even able to reprocess what you are hearing in your own thoughts those things that is acceptable to you or otherwise. “The thing is that the more you talk about it, the better it gets.

    “Like I said, there are new forms of SGBV coming up and a lot of people are begining to resign and saying what do we do? “There is need to let them know there is hope and that the onus also lies on you to ensure that the environment you are living is safe and secured for you and your children”, she stressed.

    DSVA Head of Community Engagement  Damilare Adewusi said the artisans are the people at the grassroot and see these cases on daily basis and sometimes confused about what to do.He said that is why they deem it fit to bring these people on board,  and engage them on what they are expected to do.”Artisans are part of the key stakeholders of the society.These people see these cases even in their place of work and their environment.”We also need to know that they have to fight these menace out of our society”,he said.

  • Activist sues police, Offor over detention, seeks bail

    Activist sues police, Offor over detention, seeks bail

    Activist and social commentator, Boniface Okonkwo, has filed a fundamental rights enforcement suit at the Federal High Court in Awka, Anambra State.

    He has been in detention since January 3 when he was arrested following a complaint by businessman Sir Emeka Offor.

    Offor; Area Commander, Oraifite Police Command; Commissioner of Police in Anambra State; Assistant Inspector-General of Police, Zone 13, Ukpo; Inspector-General of Police and the Commissioner of Police in charge of Nigeria Cybercrime Bureau are the respondents.

    Okonkwo’s lawyers also filed an ex-parte application for his release from detention as required by the law.

    Justice Nnamdi Dimgba, however, said he would not grant the application until he hears from all the parties concerned.

    He adjourned until January 16 so that all the parties would react to the application.

    On that day, Offor filed his response but the police asked for time.

    The matter was adjourned till today.

    Offor and Okonkwo both hail from Oraifite in Ekwusigo Local Government Area of Anambra State.

    The activist was said to have criticised a meter manufacturing company in Oraifite, said to be owned by Offor, on social media.

    Rather than sue for defamation, Offer filed a complaint with the police.

    Police spokesperson in Anambra, Tochukwu Ikenga, denied that Offor was instigating it to detain Okonkwo.

    “In one breath, he (the lawyer) claimed his client merely criticised the complainant (Offor), yet he admitted that his client published on a social media space that the meter manufacturing company commissioned by the Vice President at Oraifite, an event witnessed by many dignitaries from all walks of life, was an empty warehouse decorated to deceive the people! How more destructive can an activist be?” Ikenga stated.

    Ikenga, however, did not explain how the purported claim in the post should be the basis for the long detention of a citizen.

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    There are fears that the cybercrime law, enacted in 2015 to protect the nation’s economy and prevent fraud and cyberattacks, is now being used by authorities and the powerful to prosecute journalists, citizens and commentators who often criticise the government, politicians or businessmen.

    Although the alleged offence against Okonkwo is bailable, the police said he was still being detained for “investigation” and denied him an administrative bail.

    Human rights lawyer, Chief Mike Ozekhome (SAN), had faulted the practice of security agencies detaining citizens beyond the constitutionally stipulated days.

    He stressed that Section 35 of the 1999 Constitution, as amended, provides for only one day of incarceration when there is a court of competent jurisdiction within a radius of 40 kilometres from the police station.

    The section provides that where there is no court within a 40-kilometre radius of the station, the person cannot be detained beyond 48 hours; or any longer period which the court considers reasonable given the particular circumstances of the case.

    Observers have faulted the claim that Okonkwo was being detained “for a thorough investigation”; they believe there is a bid to give the alleged defamation or civil case a criminal colouration.