Category: Law

  • Lagos judiciary partners RoLAC on bail management solutions

    Lagos judiciary partners RoLAC on bail management solutions

    The Lagos State Judiciary has deployed a new solution to improve justice delivery. ADEBISI ONANUGA reports that the platform tagged ‘Bail Management Information System (BIMS)’ – developed in partnership with  Rule of Law and Anti-Corruption (RoLAC) and  the European Union (EU) – will enable the Judiciary track flight-risk defendants and sureties.

    The Lagos State Judiciary last week launched a new web-based solution called ‘Bail Management Information System’ (BIMS), for tracking defendants who jump bail and sureties in cases before magistrate courts.

    The pilot scheme of the solution was inaugurated last week by the Chief Judge, Justice Kazeem Alogba, at the Conference Room of the Lagos State High Court, Ikeja.

    The BIMS project, according to Justice Alogba, is to pilot the development and deployment of the solution for the Lagos Judiciary and help digitise the documentation and management of bail processes in courts in the state.

    He said the intervention would ensure that the courts have records, to avoid the rampant incidence of defendants and sureties being untraceable.

    “This effort that has been put together such that it will create a synergy with the courts, the defendants at different stages, at different levels; the High Courts, the Magistrates Courts. If per chance a defendant is appearing before a Magistrate Court and has another case before a High Court, if he is let off by the Magistrate Court, once you have noticed that he has another charge to answer in another court, he is not let  off by either an order by the Magistrate Court or the High Court.

    “This effort will enable us to easily exercise our spread per chance you want to consider conditions for bail if the person has been in a regular court, These are the advantages for the system.

    “I think it will be very useful to us even at the High Courts, and the Magistrate Courts level, not only in terms of keeping records, even in terms of other purpose to the judicial staff”,  he said.

    State Coordinator of RoLAC, Mrs Ajibola Ijimakinwa, expressed hope that other states will learn from Lagos’ developments in the state judiciary to advance the rule of law and justice delivery.

    The project which is being implemented in partnership with RoLAC is also to support the efforts of the state judiciary and the criminal justice reform system; to strengthen bail reform and administration in line with the objectives of outputs 1.1 and 1.3 of the RoLAC  programme: implementation and adoption of Administration of Criminal Justice Act (ACJA) at federal and state levels; and developing institutional capacity to advance the priorities of the ACJA and complimentary bill.

    It was gathered that the platform which has automated the otherwise manual processes for documenting particulars of the defendants and sureties, has also made bail processes easier to manage.

    It was gathered, in addition that it will help ease prison congestion, eliminate trial delays that result from failure to diligently prosecute criminal matters due to absence of defendants who cannot be traced after jumping bail and would help resolve difficulties associated with tracking and verifying sureties.

    Other features of the platform include fields for validating identities of sureties by National Identification Number (NIN) and thereby allowing courts to track sureties when the defendants jumps bail.

    It was built with features which made it impossible for unauthorised users to access information since only Legal Registrars of the Magistrates Courts are the BIMS manager.

    Presenting a demo of the workings of BIMS  before stakeholders, the consultant who designed the platform, Mr. Musbau Famuyiwa explained that the project started in November 2021 and in February, 2022, dynamics of the BIMS were identified.

    He said: “It is a pilot project. We are not saying this can solve all the problems particularly as regards bail, sureties and defendants.

    “We are putting a system that we can build something on in Lagos State. This hasn’t been done in any part of Nigeria. It is a first of its kind in the whole of West Africa.

    “We had to model this and tried to see what has been provided at other juisdictions and the best we could get is in the Bahamas, where we have something very close to this. So, I think the Lagos State Judiciary deserve some commendation, for the commission and the commitment to let us get this.”

    The platform is in use in Ikorodu and Ogba Magistrate courts of the140 magistrates courts in Lagos.

    Other locations soon to access the platform include Mushin Magistrates District, presently located at the Samuel Ilori Court House, Ogba, Apapa Magistrate Court at Sikiru Adagun Court House, Apapa, J.I Taylor Court House, Igbosere, Ebute-Metta Magistrate Court located at Botanical Garden, Yaba Magistrate Court and office of the Deputy Chief Registrar (DCR), Legal, Ikeja.

    “What we have now will enable us not only to profile the sureties but we will know this person is representing this.

    “We don’t want a situation where in Lagos, this 2022 some people can’t get bail because we don’t have records of people who stand as surety”, he said.

    The web solution is at http://bimslagos.com.ng.

    It was gathered that over 60 registrars have been trained to use the platform, while over 100 sureties have been profiled. The platform is also accessible to court registrars via the website.

  • ‘Enforce judgment on Eretolu Abusoro/Jegun Ruling House’

    ‘Enforce judgment on Eretolu Abusoro/Jegun Ruling House’

    Lawyers have alerted Ondo State Governor Rotimi Akeredolu of an alleged plot to subvert the Supreme Court decision on the recognised ruling houses to the Jegun of Idepe throne, Okitipupa, particularly concerning the Eretolu Abusoro (or Eretolu Jegun) Ruling House.

    They petitioned the governor through their law firm Kunle Adetowubo & Co while acting on behalf of representatives of the Eretolu Abusoro Ruling House via an October 11, 2022 letter.

    The petition stated that a rumour was rife in the public space within Idepe, Okitipupa Community of a plot to eradicate the name of the Eretolu Abusoro or Eretolu Jegun Ruling House as the third ruling house to the Jegun of Idepe Okitipupa Throne.

    This, they argued, was contrary to the recommendation of the 1999 Rtd. Hon. Justice Adeloye Commission of Inquiry as well as decisions of the High Court of Ondo State, Court of Appeal and Supreme Court, which had foreclosed the matter.

    They stated that according to the Commission of Inquiry and the courts, the recognised ruling houses in Idepe, Okitipupa who have unfettered rights to aspire to the throne of Jegun of Idepe, Okitipupa are Akinjolokun, Moghojalye, Eretolu Abusoro/Jegun and the Akinnubi/Eretolu Moko.

    They noted that the then Ondo State Government altered the the Commission of Inquiry’s recommendation for four ruling houses, but that this was restored by the high court, upheld by the appellate court and affirmed by the apex court in 2022.

    Tracing the history of the matter, they said: “Sir, owing to anticipated fear based on credible rumour from a credible source that the then government of the day had concluded all plan to alter the recommendation of the Rtd. Hon. Justice Adeloye Commission of Inquiry to favour a non-recognised Ruling Family of Eretolu Moko, our client through their counsel approached the court to seek various Declaration and other reliefs to declare null and void as well as to set aside the alteration of the recommendation in Suit No: HOK/56/2004 Between Chief Babatunde Saanumi & Anor Vs. The Governor of Ondo State & 40rs.

    “Judgment was delivered in the above Suit on March 27, 2017 in favour of our clients who were the claimants in the case.

    “The court in the above judgment restored the confidence of our clients as the Third Ruling House to the Jegun of Idepe Throne and equally declared the action of government relating to the altering of the recommendation of the White Paper of Justice Adeloye Commission as Null and Void.

    Read Also: Ancient crowns of Owa stool missing, ruling house alleges

    “The 4th and 5th defendants in the above Suit having not been satisfied with the Judgment of court, appealed against the Judgment to the Court of Appeal in Appeal No: CA/AK/195/2017. Between: High Chief Jacob Igbekele Akeremale & Anor. Vs. Chief Babatunde Sanumi & Anor (as 1st set of Respondents) & the Governor of Ondo State & 20rs (as second set of Respondents). The Appeal was dismissed on the 26th day of February, 2019.

    “Again, being dissatisfied with the dismissal, the Appellants proceeded to the Supreme Court against the decision of the Court of Appeal, Akure Division in Appeal No: SC/826/2019 again, between same sets of respondents.

    “The appellants’ application at the Supreme Court was also dismissed with N500,000 cost to the each sets of the Respondents. Thus the journey to eradicate the Name of our clients as the Third Ruling House to the Jegun of Idepe Okitipupa Throne became foreclosed.

    “Based on the above, we respectfully request you Sir, to use Your good offices to prevail on all concerned to put an end to all the shenanigans been perpetrated behind the scene and through back and dark doors to forestall and silence the Judgment of court which till eternity if not upturned remained binding for all purposes and at all time which cannot be set aside or replaced by any judicial Commission of Inquiry.

    “We humbly beseech you Sir, to let all concerned to know that our clients Eretolu Abusoro (Eretolu Jegun) Ruling House is the Third Ruling House to the Jegun of Idepe Throne, Okitipupa.”

    The family had on August 22, petitioned the governor giving particulars of the rumour and making right demands.

    Their petition was signed by High Chief Ogunsakin Folorunso, Pa Adesoji Akinnawonu, Chief Ikuedowo Seun, Pastor Megbowon Akinyemi and Elder Akinsulu Titus.

    They said: “About the 1st day of August 2022, rumour was rife in town and quite explosive too, that the Hon. Justice C.E.T. Ajama Chieftaincy Commission has recommended four ruling houses namely: (1) Kalejaiye, (2) Moghojalye (3) Akinjokun and (4) Eretolu Moko branches as the ruling houses to rotate the Jegun Idepe Chieftaincy throne with the name Lagboja as the sole ruling house where the above four branches springs from.

    Initially, our family received the rumours as heard in public space within Idepe, Okitipupa Community with a pinch of salt, but further events betrayed the rumours as some of the families named therein took it a step forward by dancing and rejoicing that their prayers had been heard and Ondo State Government has accepted the recommendations of the Hon. Justice C.E.T. Ajama Commission of Inquiry Recommendation and same will be declared soon.

    “It is as a result of the above that our family at the family meeting held on the 2nd day of August, 2022 decided to write this letter by way of complaint to our Dear Governor and make the following demands:

    “That Hon. Justice Adeloye Commission of Inquiry had earlier recognised our family as the 3rd ruling house that reigned as the Ninth Jegun of Idepe, Okitipupa.

    “That the same Commission of Inquiry added Akinnubi/Eretolu Moko as the 4th ruling house without obliterating the Eretolu Abusoro ruling house as the 3rd ruling house.

    “That the judgment of the court in Suit No: HOK/56/2004 confirms and affirms the position in paragraphs 1 and 2 above.

    “That both appeals launched and lodged at the Court of Appeal, Akure and the Supreme Court at Abuja by the Eretolu Moko family were dismissed with costs and same has been paid by the Eretolu Moko family.

    “That it will be inequitable not to implement and validate the judgement of court of records in favour of our family.

    “That the only recommendation the Government of Ondo State can accept and uphold in line with the Idepe Chieftaincy is to accept the Eretolu Abusoro family as the 3rd ruling house within the hierarchy of ruling houses to the Idepe Chieftaincy throne.

    “That the inclusion of Kalejaiye and Eretolu Moko family to the exclusion of Eretolu Abusoro in the order of ruling house in Idepe, Okitipupa is to put the doctrine of rule of law, equity and enforcing the judgement of courts of law into rabid test that may escalate the Idepe Chieftaincy Conundrum.

  • Does maternity leave consume annual leave?

    Does maternity leave consume annual leave?

    Does the law bar women from taking maternity leave and annual leave in the same year? Oseinoma Okpeku interrogates the issue.

    As the name would suggest, maternity leave is usually granted to women who give birth. This is a period for them to bond with their babies or recover from the rigours of childbirth. Nigerian law recognizes the concept of maternity and provides for 12 weeks of maternity for all employees.

    In recent times, the Federal Government of Nigeria has increased maternity leave for its employees to 16 weeks. However, the law provides for 12 weeks, and most private establishments stick to this.

    The issue has never been about whether maternity leave is provided for in Nigeria, but, rather, whether maternity is annual leave consuming. In other words, can an employee take maternity leave and her annual leave in the same year?

    Legal Framework

    Nigeria’s principal employment and labour law legislation remains the Labour Act. However, the Act is limited in application as by virtue of section 91 it only applies to those defined as workers. Workers will typically be blue-collar workers and therefore its provisions do not apply to white-collar workers.

    The non-application to white-collar workers has its limitations as where the word “worker” is used, that section will only apply to workers but where the word “any person” is used, then it has universal application and will thus apply to blue-collar and white-collar workers in equal measure.

    Maternity leave

    Maternity leave is provided for in section 54 of the Labour Act. By the provisions of the said section, every woman who provides medical evidence of the due date is entitled to leave her work for 12 weeks.

    The section further provides that any woman who has worked for at least six months prior to her confinement shall be entitled to at least 50 per cent of her monthly wages for the period of her confinement.

    The rationale for maternity leave is to give women time to recover from the rigors of childbirth and time to bond with their new baby(s) as well as time to make arrangements for their care before returning to work.

    Annual holiday

    With respect to annual holidays, section 18 of the Labour Act provides that every worker shall be entitled to at least six days paid leave after twelve months of continuous service and that this holiday can be deferred by agreement.

    The provision on leave does not allow for exclusion and the only qualification for holidays is continuous service for 12 continuous months.

    Holiday by its very nature is a benefit in personam and each employee accrues a certain number of days for every month of service completed.

    The rationale for granting annual holidays is for employees to take some time off work after a continuous period of work. Indeed, there are also health and safety considerations that drive the need for annual leave.

    Is maternity leave annual holiday consuming?

    Over the years there has been some sort of confusion as to whether an employee can go on maternity and annual leave in the same year. In other words, does maternity leave consume annual leave?

    In practice, many organisations have clauses in their handbook along the lines of “maternity leave is annual leave consuming”. It is difficult to trace the origin of this concept but the question really is whether there is a legal basis for this.

    In a report “Maternity Entitlements in Nigeria: Policies and practices” co-authored in 2019 by the Federal Ministry of Health, UNICEF and the NGO Thrive to Live, it was discovered that a lot of private establishments either had provisions that maternity leave was annual leave consuming or did not allow employees to take maternity and annual leave in the same calendar year.

    From a legal point of view, both benefits are distinct and the conditions for applicability are different.

    Annual leave/Holiday is provided for in section 18 of the Labour Act and the basis of earning the holidays is tied to an employee’s length of service. Therefore, where an employee has worked for a continuous period of 12 months, such an employee is entitled to some time off with pay. The obligation is mandatory and the only proviso or exclusion is that the employer and employee may agree to defer the holidays but such deferment period must not exceed 24 months.

    Maternity leave, on the other hand, is provided for under section 54 of the Labour Act and applies only to women who have submitted a medical report indicating their expected due date.  The section is very clear that every woman who provides such medical evidence is entitled to 12 weeks of maternity leave regardless of the length of service. It means that an employee can resume work and proceed on maternity leave the next month.

    It is also important at this point to draw a distinction between maternity leave and maternity pay. Whereas maternity leave accrues to every employee, maternity pay applies to only employees that have completed at least six months of service.

    By the wording of sections 18 and 54, there are no exclusion clauses meaning that the application of one does not lead to the exclusion of the other.

    Therefore, it is clear that the intention was for both benefits to run independently.

    Section 18 is strictly concerned with earned annual holidays with pay whereas section 54 is concerned with leave for employees who provide evidence of confinement and can be with or without pay.

    In interpreting statutes, the first rule of interpretation is the literal rule which means that statutes must be interpreted literally. In the literal rule of interpretation, the courts are required to observe the ordinary and natural meaning of words, interpret the phrase or words as it is. Judges are not required to add words or modify meaning and they must observe the actual intent of the legislature. It is the safest rule of interpretation.

    If the intention was that one should consume the other, then such exclusion would have been expressly provided for in the legislation. In both sections, the use of the word “shall” means that the obligations are mandatory.

    Based on the above, therefore, it is clear that there is no legal basis for reading into the application of both benefits an exclusion that does not exist and was not the intention of the legislature.

    To put this position in perspective, it is important to draw from what is obtainable in other jurisdictions. In the United Kingdom, under the Employment Rights Act, a woman on maternity is entitled to her earned annual leave and continues to accrue holidays while on maternity leave.

    The Ghanaian Labour Act 2003 on its part provides that any woman on maternity leave is entitled to be paid her full remuneration and other benefits to which she is otherwise entitled. Entitled benefits include earned annual holidays.

    In South Africa, Section 20 of the Basic Conditions of Employment Act is drafted in similar language to Section 18 of the Nigerian Labour Act. In its application, it is deemed that annual holidays continue to accrue and annual holidays are not subsumed by maternity leave as there are no exclusions.

    Finally, subsuming annual holidays under maternity leave can be viewed as a deprivation of earned benefits and may also be seen as discriminatory as it only affects women. The question will then be “will men who take paternity where it is available be made to forfeit an equivalent portion of their annual leave or will the paternity leave be seen as an additional leave?”

    From a best practice point of view, ILO convention 183 Maternity Protection Convention in article 9 provides that each member state shall provide measures to ensure that maternity does not constitute a source of discrimination.

    Depriving women of earned annual leave because of maternity leave, quite apart from this position not being supported by statute, could be termed a discriminatory practice.

    Practical reality

    Whilst the position of the law is that both benefits are independent of each other, we must not lose sight of the likely impact on manpower planning and the attendant cost to the employer.

    A practical approach will be for employers to take advantage of section 18 (2) of the Labour Act which provides that an employer and employee can agree to defer the annual holidays provided that such deferment does not exceed 24 months.

    This is an approach that is not only practical but a win-win situation for both the employer and the employee.

    • Okpeku is a partner at the Law Crest LLP and chairman, the Nigeria Bar Association Section on Business Law Employment and Industrial Relations Committee

  • Lagos reiterates commitment to reducing child abuse

    Lagos reiterates commitment to reducing child abuse

    THE Lagos State Government has restated its commitment to reducing the spate of child abuse in the state and ensure that minors are protected from abuse.

    Towards this, the Director, Citizen Rights, Ms. Adetutu,  disclosed plans by the state to create greater awareness of children’s rights in line with the “THEMES” agenda of the Governor Babajide Sanwo-Olu Administration.

    Oshinusi disclosed this during a sensitisation programme at the Eva Adelaja Girls Senior Secondary School, Bariga and Ajayi Crowther Memorial Senior Grammar School, Bariga.

    She explained that the sensitisation programme was in furtherance of the “One Stop Child Justice Centre” an initiative of Directorate of Citizens Right (DCR) for fighting child abuse and protecting minors from abusers.

    The director said the state, in collaboration with the state’s Ministry of Justice, is fully committed to promoting and advancing child rights.

    “We believe in the best interest of the child as the first and paramount consideration. We believe in the rights of our children to non-discrimination; to assurance of their best interests; to survival, development and protection; and to participation and self-expression”, she stressed.

    Oshinusi emphasised that the state would continue to enhance the protection and support for vulnerable children through sensitisation programmes and campaigns.

    She reassured participants that the Sanwo-Olu administration “has all it takes to safeguard the rights of children in the state and ensuring the arrest and prosecution of perpetrators of all forms of child abuse in the society”.

    Principal Social Welfare Officer, DCR, Mr. Henry Adedeji, emphasised the importance of sensitising schools, saying this will further ensure that students are aware of their basic human rights, the laws that protect them and the adeptness to know specific agencies to report matters, whenever their rights are being infringed upon.

    Resplying, the Principal, Eva Adelaja Girls Senior Secondary School, Mrs. Soyoye Oluyinka, expressed profound gratitude to the state government and Ministry of Justice for promoting and bringing awareness of the Child Rights Law to the school.

    Mrs. Olayinka emphasised the need for  participants to do much more to ensure that no child is left behind in any part of the sensitisation process and also making certain that students will continue to be monitored and guided on their rights.

  • Olawuyi gets US varsity professorship appointment

    Olawuyi gets US varsity professorship appointment

    Professor of International Law, Damilola Olawuyi (SAN) has been appointed as a BOK Visiting International Professor (VIP) by the prestigious University of Pennsylvania, United States of America (USA) for the 2022/2033 academic year.

    The Bok Visiting International Professors (VIPs) are appointed from amongst distinguished senior academics, jurists, internationally recognised experts or professionals across a wide range of disciplines and specialties who are invited every year from across the world to Philadelphia, United States to mentor students and offer global perspectives on cutting-edge issues in international and comparative law.

    While at the University of Pennsylvania, Prof Olawuyi, who is also the Deputy Vice Chancellor of Afe Babalola University, Ado Ekiti (ABUAD) will teach a course on “Energy Justice and Sustainable Development” and participate in university wide activities and events related to international and comparative law.

    Speaking on his appointment, Prof Olawuyi described it as “an absolute privilege and honour to be invited to serve as a BOK VIP at the University of Pennsylvania Law School.”

    He said the practice of international and comparative law is strengthened through active knowledge exchange, ideas cross-fertilisation, and North-South scientific cooperation that innovative programs such as the BOK VIP program provide.

    He thanked the Penn Carey Law School for the opportunity, adding: “I look forward to working with the students, faculty and administration in advancing innovative research, teaching and community engagement on energy, environment sustainable development and business and human rights law.”

    Prof Theodore W. Ruger, who is the Dean and Bernard G. Segal Professor of Law at the Penn Carey Law School, University of Pennsylvania, explained further: “Penn Carey Law annually invites several internationally recognised experts in international and comparative law from around the world to Philadelphia to serve as Bok.

    “The Bok Professor programme is an expression of our commitment to interacting with the most dynamic and important legal thinkers across a broad range of topics throughout the world. It is an honour for our students and our faculty that you will consider joining us to share the benefit of your experience.”

     

  • Court awards woman N7.5m for workplace victimisation

    Court awards woman N7.5m for workplace victimisation

    The National Industrial Court of Nigeria (NICN), Port Harcourt Division, has awarded N 7.5 million as general damages against Notore Chemical Industries Ltd. for subjecting its ex-member of staff, Mrs. Sharon Philip, to workplace victimisation and wrongful employment termination.

    Justice Nelson Ogbuanya held that the sum comprised N5million damages, N500,000 litigation cost, N1.8m terminal benefit and N220,865.75k unremitted pension entitlement, and are payable within two months from the date of judgment.

    The judge described the claimant’s disengagement as wrongful, reckless and inhumane.

    The court noted that the claimant was exposed to workplace victimisation by a superior staff that she testified against following a whistle-blowing and anti-corruption hearing that led to the suspension of the superior staff.

    “Querying the claimant and subjecting her to a disciplinary hearing on a false allegation of fraud, which turned out that the claimant was innocent, yet her employment was terminated for ‘services no longer required’, without paying her terminal benefits and salary in lieu of notice, amounts to unfair labour practice…

    “Also, having shown evidence, in ex.D1, that the claimant’s terminal pension has been remitted in the sum of N 220,865.75, the claimant is entitled to access the said pension in line with the extant Pension Reform Act.

    “The defendant is, hereby, directed to facilitate the claimant’s accessing of her said pension by supplying her with necessary documents of her employment record, to facilitate the pension payment by the said IBTC Pension Managers Ltd.,” the judge held in a copy of the judgment seen by The Nation.

    The judge, however, dismissed the claimant’s demand for terminal benefits, which extends beyond the termination of the employment in March 2015, and claim of defamation, having not satisfied the pleading requirements bordering on such offence.

    The claimant, who worked as a Supervisor in the Admin & General Services Department, Onne Branch of the defendant company, commenced the suit marked NICN/YEN/56/2015 against the defendant on July 23, 2015, challenging the termination of her employment on March 5, 2015, as being part of a witch-hunt, intimidation and victimisation following her testimony against some staff, including her immediate boss, who were investigated and suspended when a whistle-blower hinted of some corrupt practices in the organisation.

    But the defendant countered that its management in July 2013, directed the restructuring and merger of positions/roles in various departments (including the Administration and General Services Department) to optimise various staff positions across the firm.

    It said that following the said optimisation exercise, the claimant was one of the officers affected in the Administration and General Services Department.

    Defendant contended that the claimant was not dismissed by the defendant, rather, her employment with the defendant was terminated via a termination letter dated March 5, 2015, in line with her letter of employment dated January 26, 2009, when her services were no longer required by the defendant.

     

  • N170m fraud: Fed Govt clears Zinox boss, wife, others

    N170m fraud: Fed Govt clears Zinox boss, wife, others

    The Federal Government has ordered the withdrawal of charges purportedly filed by Mr. Femi Falana, SAN, against the Chairman, Zinox Group, Leo Stan Ekeh, his wife, and a few others, over an alleged N170 million contract fraud with the Federal Inland Revenue Service (FIRS).“

    The matter saw Benjamin Joseph, owner of Citadel Oracle Concepts Limited, an Ibadan-based ICT retail firm, stand trial for falsely petitioning the Federal Government, alleging that Ekeh and others colluded fraudulently in executing the contract.

    The directive was issued via the office of the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, and communicated in a letter dated October 28, 2022, from the Director of Public Prosecutions (DPP) to the law firm of Falana & Falana.

    Part of the letter, as contained in a statement, made available to journalists, reads: “I am directed to write in reference to the above caption and to inform you that the Honourable Attorney General of the Federation and Minister of Justice, in exercise of the power conferred upon him by Section 174(1)(c) of the Constitution of the Federal Republic of Nigeria 1999, as amended, has withdrawn the authorisation earlier granted to you, dated May 10, 2022, to prosecute the case mentioned below. You are, accordingly, requested to withdraw Charge no. FCT/HC/CR/469/2022 in the interest of justice.”

    The letter was signed by M.B. Abubakar, Director of Public Prosecutions, on behalf of the AGF and Minister of Justice.

    Consequently, by this letter, the Charge No: FCT/HC/CR/469/2022, purportedly filed by Falana & Falana against Mr. Ekeh, Chioma Ekeh, Chris Eze Ozims, Shade Oyebode, Charles Adigwe, and others, is no longer tenable.

    It was learnt that a copy of the letter, which was issued by the Federal Government after a review of the facts of the matter, has been communicated to the chambers of Mathew Burkaa SAN, counsel for Mr. Ekeh and others, under cover of a letter dated Monday, October 31, 2022, from the Office of the DPP, on behalf of the AGF, reconfirming withdrawal of the authorisation earlier given to Falana & Falana and directing them to discontinue the charge.

    This, therefore, lays to rest the allegations by Mr. Benjamin Joseph of Citadel Oracle Concept Limited that Mr. Ekeh and the other persons mentioned in the various publications are to be arraigned in court today.

    Rather, the firm of Falana & Falana is supposed to appear in court and formally withdraw the said charge, following the clear directives of the AGF.

    Conversely, the AGF, through the Office of the DPP, in a letter dated June 6, 2022, had directed the Inspector General of Police to prosecute Benjamin Joseph to a logical conclusion.“The directive came a couple of weeks after the AGF discovered that material information was withheld in the application by Falana & Falana for the authorisation earlier granted to prosecute Ekeh and others.

     

  • Human rights: ‘Why we’re training Enugu security agencies’

    Human rights: ‘Why we’re training Enugu security agencies’

    About 30 security personnel from various agencies in Enugu State have been trained on human rights violations.

    The training coordinated by the Avocats Sans Frontières(ASF) France, otherwise known as Lawyers without Borders, in collaboration with its local partners, the Carmelite Prisoners’ Interest Organisation and the Nigerian Bar Association, saw operatives from the Nigeria Police Force (NPF), the Department of State Security (DSS), Nigerian Airforce (NAF), Nigeria Security and Civil Defense Corps (NSCDC), Nigeria Corrections Service (NCS), and the Nigerian Drug Law Enforcement Agency (NDLEA) participating.

    The three-day training, which is the fourth in the series held in Enugu, the Enugu State capital, was part of the SAFE mission to increase the level of commitment of stakeholders in taking action against human rights violations in Enugu State.

    In her opening remarks, Country Director of ASF France, Angela Uwandu Uzoma-Iwuchukwu, emphasised the importance of the training and other interventions of the SAFE project.

    Uzoma-Iwuchukwu, who was represented by SAFE Project coordinator of the training, Mrs Joyful Nnani, disclosed that the training which was one of the effective ways to build the capacity of the security agencies to respect human rights, started with two projects: Abolition of death penalty and advocating criminalisation of torture.

    She said: “The SAFE Project, which stands for Strengthening the Capacity of National Actors and Advocating for Ending Severe Human Rights Violation in Nigeria, is a project aimed at ending severe human rights violations in Nigeria especially around torture, arbitrary detention and extrajudicial killings.”

    She said the project, co-funded by the European Union, also provides pro-bono legal aid services to individuals who have been tortured, arbitrarily detained and families of victims of extra-judicial killings.

    “The SAFE project has been active in Enugu, Lagos and Kaduna States since its inception in 2019. The project is now in its final stages and so far, we’ve been able to train 212 officers of security agencies and 75 influential members of the media and CSOs.

    “On the project, we identified about 167 cases for pro-bono legal aid, of which 120 were approved for litigation and 47 were approved for legal advice. These are cases of victims of torture, arbitrary detention and extra judicial killings across the project states.”

    Enugu State Attorney General and Commissioner for Justice, Miletus Eze, decried the increasing cases of human rights violations by security agencies across the country.

    Eze said security cannot be achieved without the protection of human rights, adding that development of any state requires respect for human rights which in turn prevents conflict.

    The Commissioner noted that the primary responsibility of the government, which is the welfare and security of its citizens, cannot be achieved or sustained if the various stakeholders and security agencies do not respect and enforce these rights and in fact protect the lives and properties of its citizens

    He said: “Protection and enforcement of human rights promote attainment of sustainable human security. The link between human rights and human security is inseparable.

    ‘’Human security cannot be achieved without the protection of human rights. Development requires respect for human rights and respect for human rights prevents conflict.”

    He commended the Avocats Sans Frontiers/ Lawyers Without Boarder, and Carmelite Prisoner’s Interest Organisation (CAPIO) and other interest organisations that have championed the course of access to justice and protection of human rights in Enugu State.

     

     

  • Women advised to secure their future by marrying legally

    Women advised to secure their future by marrying legally

    Nigerian women have been advised to ensure they marry under the Marriage Act to their husbands  to secure their future.

    Although marriages conducted in churches, Islamic laws and traditional marriages are considered legal, the Executive Director, Crimes Victims Foundation of Nigeria (CRIVIFON), Mrs. Glolria Egbuji, and former Head of Training, Lagos State Police Command, ACP Victor Okon-Otoyo, said the right of a woman was more assured and protected, particularly on issues of inheritance, in a marriage conducted under the act.

    They both spoke at a training programme on Human Rights and Election Security organised for officers of the Lagos State Command by The Nigeria Police Force in collaboration with Crime Victims of Foundation(CRVIFON) and Police Community Relations Committee(PCRC), Lagos State Command and held at the Officers Mess, GRA, Ikeja.

    Mrs Egbuji advised women already married in churches, mosques and under traditional norms to ensure they  marry legally to their husbands under the marriage act.

    “If trouble comes, the woman suffers much. If legally married, you can claim a lot of things, including alimony and others”, she said, adding that if there are issues over children, the family, court is the place to go to fight for their rights.

    She advised the officers to steer clear of wife and husband matters, saying that it is a civil matter to be handled by the courts.

    Mrs. Egbuji advised Police officers and men against torturing suspects that were detained pointing out that torturing is a grievous offence  and that it is not allowed under the rights to dignity of human person under Anti-Torture Act, stressing that the act prescribes imprisonment for officers who committed the offence.

    She urged officers to avoid slapping or shouting  at suspects in order to get them to remove their belts for instance, saying that such behaviour amounted to an offence under the Anti-Torture Act.

    ACP Okon-Otoyo(rtd) said protest was a fundamental right under the Constitution and that such rights must be respected by officers.

    He said the idea behind asking  that organisers of such protest should inform the police is to protect and provide them with security so that the event is not hijacked by other people for criminal conduct.

    He said the Child Rights Act 2003 and other related laws were put in place to protect children, stressing that children have rights to parental care, dignity, life, survival, growth, nutritionals.

    He said: “It is an offence not to name a child. Parents must care for their children, give them education and guidance and proper upbringing.

    A lawyer, Gabriel Orvan,  lectured the police on conducts expected of them during elections said that police should not be identified with any political party but to remain neutral and ensure hitch free elections.

    Orvan advised police not to allow themselves to be used by politicians to commit offences during the elections

     

  • Tackling impunity for crimes against journalists

    Tackling impunity for crimes against journalists

    Ten years after the United Nations came out with the Plan of Action on the Safety of Journalists and Issue of Impunity, not only has the Nigerian Government failed to take necessary steps, attacks on journalists have persisted. As Nigeria prepares for another election season, with a heightening fear of violence, experts have identified ways media workers can safely navigate the dangerous political terrain in 2023. ERIC IKHILAE reports.

    A reporter with Vanguard newspaper, Tordue Henry Salem, was reported missing on October 13, 2021.

    About a month later, Salem, who was then the newspaper’s House of Representatives corssepondent, was reported by the police to have been found dead in Abuja.

    The announcement was trailed by conflicting tales from both the police and family members about how he died.

    Till date, no security agency has been able to unravel the circumstances surrounding Salem’s death. There is also no information that anyone is being prosecuted for the death.

    While Salem’s case represents one of such recent incidents of unresolved crimes against journalists, the first major reported killing of a journalist in the country was that of the founding Editor of Newswatch magazine, Dele Giwa.

    Giwa was killed on October 19, 1986, in his house in Ikeja, Lagos, via a parcel bomb, with all accusing fingers pointing to the then-military government headed by General Ibrahim Babangida.

    Like the Salem case, security agencies, rather than resolve the riddles thrown up by Giwa’s murder, succeeded in muddling the waters. The Giwa case was also unresolved and no one was brought to book.

    From the Giwa case to that of Salem, attacks on media practitioners have been sustained and perhaps, encouraged by the inability of state agents/agencies to bring perpetrators to book.

    A recent report by a group, Media Rights Agenda (MRA), revealed that no less than 19 Nigerian journalists were brutally killed between May 29, 1999, and now, without conclusive investigation on their deaths and prosecution of the perpetrators.

    The report equally showed that no less than 47 incidents of attacks against journalists, media workers and media houses occurred in the last year.

    Power of the media

    In addition to the various international instruments guaranteeing media freedom, the Nigerian Constitution, particularly in Section 22 equally saddled the media with among others, the responsibility of ensuring accountability in public governance.

    It provides that: “The press, radio, television and other agencies of the mass media shall, at all times, be free to uphold the fundamental objectives contained in this Chapter (Chapter two of the Constitution) and uphold the responsibility and accountability of the government to the people.”

    The operations of the media also find favour within the purview of the globally recognised freedom of expression, which is a fundamental human right enjoyed by every person.

    The freedom of information affords everyone the right to own opinions and the right to seek, receive and share information and ideas.

    Besides the protection this right enjoys under the Nigerian Constitution, it is also protected under Article 19 of the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the African Charter on Human and Peoples Rights (ACHPR), among others.

    The Director of Public Prosecution of the Federation (DPPF), Mohammed Abubakar stressed the importance of the freedom of information to the effectiveness of the media in every society.

    Abubakar said: “For the journalists, this right (freedom of information) is very vital to their essential professional duties to seek out and share the truth.

    “Without this freedom, it is near impossible to interview citizens or request information from public officials.

    “Without this right, one cannot impart reliable and accurate information to people for them to make informed decisions about their lives.

    “At the end of the day, injustice and human rights abuses cannot be exposed,” Abubakar said.

    Nigerian journalists as

    endangered species

    Not only are cases of attack against journalists left unaddressed, the Nigerian state, as observed by the Programme Director, MRA, Ayode Longe, 10 years after the United Nations came out with the Plan of Action on the Safety of Journalists and the Issue of Impunity, has not taken any concrete action to stem the tide of wanton attacks against journalists and the media in the country.

    The plan is a set of objectives, principles and actions developed by the member states of the United Nations Educational, Scientific and Cultural Organisation (UNESCO) and endorsed by the UN Chief Executives Board on 12 April 2012, intended to directly address the problem of journalists’ safety and the problem of impunity.

    The plan, which requires member states to among others, put in place measures to ensure the prevention of attacks on journalists, protection of media workers and prosecution of culprits, was aimed at creating a free and safe environment for journalists and media workers, thus strengthening peace, democracy and sustainable development worldwide.

    Longe said: “We all know that the Federal Government has never made any serious effort to investigate attacks against journalists or to prosecute the perpetrators of such attacks.

    “Despite the dozens, even hundreds, of attacks against journalists that have been reported and documented by organisations like Media Rights Agenda and others over the years, we are yet to hear of any instance where a journalist has been killed in Nigeria and a serious investigation was conducted and the perpetrators arrested and prosecuted.

    “This is a serious cause for concern for us because either wittingly or unwittingly, the impression is being given that it is okay to harm journalists in Nigeria and that whoever does so will get away with it because there will be no serious investigation into their actions and nothing will be done to them.”

    He added that the MRA documented over 15 incidents in which officers of the Nigeria Police Force (NPF) were the perpetrators, with thugs and unknown gunmen following closely the police in the number of attacks against journalists and media houses.

    Fear of escalation during 2023 elections

    With the frightening state of affairs, there is heightening tension that attacks on journalists would escalate during next year’s election season.

    According to the International Press Centre (IPC), 74 attacks on journalists were recorded in the course of the 2019 elections.

    The Committee to Protect Journalists (CPJ) reported that journalists covering gubernatorial and state assembly elections were detained, harassed, and assaulted by security agents across many states.

    CPJ added that “in January 2019, shortly before the polls, three journalists suffered life-threatening injuries from gunfire while covering a political rally in one of the states.”

    Ray of hope

    The need to contextualise the fear of escalation in attacks on journalists during next year’s election season and suggest ways to address it engaged experts during a two-day dialogue session in Abuja.

    The event, put together by the office of the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, with support from the British Council, in commemoration of this year’s edition of the International Day to End Impunity for Crimes Against Journalists.

    Speakers at the event, with the theme: “Media, civil society and violence-free election in Nigeria,” which was held on November 1 and 2, noted, among others, the hostile environment in which journalists operate in the country and suggested possible ways media practitioners could safely navigate the dangerous terrain during the election season.

    The speakers include Malami; the Chairman of the Independent National Electoral Commission (INEC), Mahmood Yakubu; the Special Adviser, Media and Publicity to President Muhammadu Buhari, Femi Adesina; the Executive Secretary, National Human Rights Commission, Anthony Ojukwu; former Director General of the Nigerian Television Authority (NTA), Tonnie Iredia; the President, Centre for Socio-Legal Studies (CSLS), Prof. Yemi Akinseye-George; the Vice Chancellor, Federal University, Kashere, Gombe State, Prof. Umaru Pate and Sam Kargbo.

    Malami stressed the important role of the media in promoting democracy and their contribution to ensuring transparency in the electoral process.

    He assured of the government’s commitment to ending impunity for crimes against journalists and warned political players to tune down on political rhetorics capable of fuelling violence.

    The AGF said: “It is imperative to renew our call on those involved in the electioneering process to appreciate the fact that political activities are to be observed in accordance with the provisions of the Electoral Law.

    “Let us join hands in making sure that all campaign utterances are humane and in conformity with global best practices, thereby contributing to a violence-free electoral process.

    “We note with dismay, reports of some forms of attacks on journalists and voters by suspected hoodlums during elections in some parts of the country.

    “The President Muhammadu Buhari-led Federal Government is committed to bringing to an end these undemocratic and uncultured activities through the administration of legally justifiable approaches on the perpetrators in order to serve as deterrence to others.

    “I am pleased to say that the Federal and some State Governments have taken precautionary and proactive steps in taming the tide. Malami said.

    Adesina urged the media to guide against falsehood in this election season, adding that President Buhari has promised to ensure free, fair and credible elections next year.

    INEC Chairman, who was represented by Mohammed Haruna (a National Commissioner in INEC), noted that everything possible needed to be done to protect journalists during elections.

    Yakubu, who noted that 45 journalists were killed last year globally, urged the Nigerian government to ensure that some ugly trends, which were emerging in the country, such as the closure of some media houses in Zamfara State, are addressed.

    He identified some possible challenges to media freedom in 2023, noting that Nigerian journalists operate amid ethnic, religious and political intrigues compounded by poor funding, low remuneration, professional ethical breaches and corruption.

    “Others are lack of resources and government pressure and potential surveillance (e.g Zamfara clampdown).

    “Possible threats from state and non-state actors and ownership interference may force self-censorship for personal safety which will weaken investigative and data-driven journalism,” he said.

     

    Pate noted that “without well-informed, professional journalism that is well-protected, independent reporting and corruption or malpractices in elections cannot be exposed.”

    As a way out, he demanded that governments at all levels “should fulfil their responsibility to ensure that crimes against media professionals are investigated and prosecuted.”

    He recommended the promotion and propagation of “values that respect the media’s vital role in promoting sustainable peace, democracy and credible elections in the country; emphasise the relationship between securing the safety of journalists and our freedoms.

    “The media community should have the courage to overcome the strangulation of independent sources of information and financial pressures on editorial quality and critical news content,” Pate said.

    Iredia urged the media to be resourceful, avoid partisanship and reject intemperate language.

    He noted that the electorate is ignorant because social institutions are not allowed to function.

    Iredia argued that the responsibility for voters’ education should be taken from INEC and handed to appropriate government agencies like the media and the National Orientation Agency (NOA).

    Prof. Akinseye-George (SAN), who was represented by Ester Ugo; Ojukwu (SAN) and Kargbo stressed the need for journalists to take the issue of safety seriously and urged security agencies to ensure the protection of media practitioners.

    They highlighted the important roles the media and civil society groups play in promoting election transparency and accountability and urged them not to relent in their efforts.

    Kargbo added: “The media and civil society must also extend their scrutiny to the electoral litigants and expose their underhand and overreaching activities that tend to undermine election tribunals.

    “They must give a fair and accurate report of tribunal proceedings and must not constitute themselves into alternate tribunals by engaging in media trials.”

    The DPPF, who was represented by an Assistant Director, Tamarantare Ali-Bozi, stressed the important roles prosecutors could play to curb impunity for crimes against journalists.

    He said; “Along with the Judiciary and security agencies, the prosecutor’s role is essential in the prevention, protection and prosecution of culprits, to ensure journalists’ safety.

    “By so doing, the prosecutor contributes to the building of a just and peaceful society and reinforce the rule of law and fundamental freedoms.”

    Abubakar however noted that “we all have a duty and obligation in conjunction with the prosecutor and other stakeholders in the justice sector, to ensure that perpetrators of electoral related crimes and crimes against journalists are fought to a standstill, not just for the sake of the journalists, but for a better society.”