Category: Law

Life threw lemons at Obia Unoji, so he made lemonade. Buffeted by poverty, Unoji fled Benue for Oyo State in junior secondary school without his mum’s knowledge in search of free education. The University of Ibadan alumnus tells ROBERT EGBE the resourceful schemes he devised to combat absence of parental care, financial lack and poverty and still bag a second class (upper division) at the university and a first class at the Nigerian Law School.

 

My name is Obia Sunday Unoji but most people call me Obiano because of my political involvement in the university and how articulate I can be while addressing students. I am from Oju Local Government Area (LGA) of Benue State.

A trader’s son

I was born to the family of Obia Onwujwu and Elizabeth Onwujwu. I am the last born in a family of five siblings, comprising four boys and one girl. But we are now four as the female who was the eldest is now late. I really didn’t have the opportunity to see my dad work as I was barely two years old when he passed away, but from records, he used to work at the ministry of agriculture, Benue State before his demise. My mum is a petty trader.

Fleeing Benue for Ibadan 

I attended LGEA Primary School, Ebenta Uwokwu in Oju LGA of Benue State. This, I can say, was the best part of my life as I had no idea what taking responsibility was like. I attended several secondary schools actually, due to the circumstances of things. I started from Ebenta Community High School, after a lot of on and off due to my inability to pay school fees. When I finished Junior Secondary School (JSS) Two, I left Benue for Ibadan in Oyo State at the age of 12 because I read in a newspaper that primary and secondary school education was relatively free. I then enrolled with Community Grammar school Gebkuba to take my JSS Three exams which I passed and surprisingly, I got a distinction in most subjects including Yoruba. People were surprised (laughs). I had my senior secondary school at Apata Community Grammar School where I finally did my West African Senior School Certificate (WASSCE) Examination. I didn’t pass at a go, so, I had to attend tutorials at Expert Education to boost my knowledge before taking and passing WASSCE eventually.

Leaving Benue state all by myself for Oyo State (a state I knew next to nothing about) without my mum’s knowledge at the age of 12 in the quest for education wasn’t just an insane move but a statement of intent as to how much love I have for education. The journey has  been an inflow of sorrow, laughter, joy, goose bumps, all punctuated by cataracts of momentary joy. I feel there’s no better way to describe my journey to becoming a lawyer.

Winning a medal at the West African University Games

I graduated from the University of Ibadan (UI) to study law in January 2020 before proceeding to the Nigerian Law School less than a month after. University of Ibadan is filled with a whole lot of memories for me most of which are beautiful. I was known there for so many things. I was an astute sportsman, a volunteer, a public speaker and a politician. I think my most memorable days in UI was when I won the election to the office of the Secretary Of state of the Great Independence Hall (the largest male hall in UI) and the day I won a medal for the University of Ibadan at the West African University Games that held in Port Harcourt.

University challenges

Studying law is a great experience. It is one of the courses in the university that gives you the opportunity to be highly versatile. You get to borrow courses from almost all the other faculties in the university before graduating. This is probably the reason why lawyers are called learned people.

I think my major challenges in the university were finances and family support. I really didn’t get the latter at all. For the former, I worked all through my days in the university, so, it wasn’t that bad. I also got occasional support from people as well. But I believe strongly that I would probably have performed better if I had the basic needs provided by parents. I finally graduated with a Second Class (Upper Division).

First to attempt varsity education

The journey through the university is a whole experience on its own. It is difficult enough being the first person in the family to attempt to gain university education, how much more trying to secure admission to the University of Ibadan to study the most prestigious course, law. I literally had to work round the clock to break this jinx after several failed attempts.

Travelling every weekend to work for upkeep

Studying law is difficult enough, and having to combine it with part-time jobs to keep up made it extremely tough. I remember having to go through 400-Level and 500-Level with weekly travels to Lagos, a routine performed every weekend to take swimming lessons just to get sufficient money ahead of law school. The act in particular had a huge effect on my academic performance but I managed to graduate on a high, missing out on first class in the university eventually. On the day of the University of Ibadan convocation in 2020, I remember crying bitterly at the back of the hall while whispering to myself and my friends that during the call to Bar, I must be among those to be recognised as prize winners.

What I know is, God saw the sincerity of my hustle and gave me a big family in form of friends; people that believe so much in me and my dream.

Mind you, to fund this dream, however, I had to do so many things. The memories of travelling through the deadly Lagos-Ibadan Expressway every weekend to Lagos to work as an instructor is still fresh in my memory. The sleepless nights planning people’s events, rendering of professional ushering just to make enough money for law school etc.

Amidst all these challenges, I still found time to add values to others. I have been an astute volunteer. Even as a law school student, I volunteered to teach my friends and colleagues. After all, I believe that we all have something to give, the magnitude of the giving just differs.

Why I chose law

None of family has ever gained admission to the university talk more of being a lawyer. My first experience of a law court occurred after some years in Ibadan.

Two things inspired me to study law. The first was what people used to tell me when I was a little boy. I was highly articulate and vocal. In fact, at such a young age, I used to deliver speeches at the community gathering on behalf of the whole community; people felt these attributes would be suitable for law. Second one is the fact that my mentor, Pastor Olalekan Alabi is a legal practitioner. He is one person who wanted me to go to school. I think he saw the potential in me then. He has been an amazing support system, believe me. Seeing an amazing person like him inspired me to be a lawyer.

Law School not so difficult

Well, law school was less difficult than I imagined. I think it happened that way because of my close relationship with the previous Best Graduating Student (BGS), Yusuf Olalere Asamu, who has been my academic mentor since 200-level at the University of Ibadan. He explained to me how adequate preparations will determine whether you would enjoy law school or find it difficult. I was not able to find time for recreation as I thought I would, not because I didn’t plan to or because I was reading 24/7 but because of the peculiarity of our set. We had most of the classes online, when we resumed, exams consciousness didn’t allow us to do anything again.

Secret to making first class

Making first class at the law school feels surreal, although I wasn’t expecting anything less because of how much effort I put into it. Nevertheless, the feeling is awesome. After seeing the results, there were nights I had to recheck again to be sure that it was still the same results (Laughs).

Talking about secrets, I feel there are no secrets to success. Success is just a combination of hard work, diligence and proper guidance. Those were my secrets at the law school. Law school gives first class to extraordinary students. The difference between an ordinary student and an extraordinary one is just the extra in front of the ordinary; you have to out-perform others.

Passing excellently is 80 per cent knowledge, 20 per cent confidence

I approached my exams with a high level of confidence. I personally believe that passing an exam excellently is 80 percent knowledge and 20 percent confidence. This doesn’t mean I don’t get scared once in a while but, I always tell myself that you have done all these things before, you can do them again. So, during the exams, I used to stop my reading by 8am even when exams were fixed for 10am. It takes pressure off me. I don’t do last minute reading. Besides, law school exams were back-to-back between Monday through Friday after the MCQ (Multiple Choice Questions), so I felt there was no point putting myself under unnecessary pressure.

How to making law school better

Yes, there are several things actually. Persistent reading is key. You should be able to read daily. Law school syllabus is wide. You can’t sit down and finish it at a go. You take it gradually. Again, you must not wait until the lecturer takes the course. Read it on your own then go to the class to listen and increase your knowledge. Nothing hurts in law school like hearing about a concept for the first time in class. You may not catch up with the lecturer. Again, proper guidance from those who have done well at the law school is key. They can easily tell you what you should focus on in a particular topic. Meaning, you will understand the topic and understand where questions are likely to come from as well.

Judge, SAN or Prof?

I would rather be a Judge. I have been to the court on few occasions. I see how a human decision could affect other people’s lives and livelihood. I believe it is the most effective way to make visible impact. I would like to be a Professor too. I love teaching and imparting knowledge. I do this a whole lot in school. Lastly, SAN. It’s the most coveted position in the legal profession. I love it.

Lawyer vs non-lawyer wife

I believe strongly that marital decisions shouldn’t be based on the profession. I can marry a lawyer; I can as well marry a non-lawyer. My choice of a partner may not be influenced by the person’s profession but rather her personality. If a lawyer has the attributes I look out for in a woman, being a lawyer is just an addendum.

If not law, what else?

Well, if I have a second chance, I may still pick law. I like the course because of the opportunities that abound there. It gives you the opportunity to switch into any other profession of choice. If I didn’t study law, I would have studied Human Kinetics because of my love and involvement in sports.

The future

I may specialise in Corporate/Commercial area of the legal practice someday but definitely not now. Specialising in an area has its advantages and disadvantages. It gives you an identity but it also limits your versatility. I will just ensure that my specialisation doesn’t affect my ability to develop in other areas.

 

Nigerians are increasingly becoming enamoured with the practice of taking rights violation complaints against the government and its agencies before foreign entities for redress. Lawyers argue that in spite of the negative impact on the nation’s international image, the trouble is worth it in view of the inadequacy of local remedies, ERIC IKHAILE writes.

 

Earlier this year, the Movement for the Actualisation of the Sovereign State of Biafra (MASSOB)  said it was lodging a complaint against Nigeria and President Muhammadu Buhari at the International Criminal Court (ICC), Hague, the Netherlands, alleging systematic annihilation of pro-Biafra agitators in Nigeria.

The group, in a statement by its National Director of Information, Comrade Edeson Samuel, appealed to the United Nations (UN), African Union (AU), the United States of America (USA), the G8 Nations and International Human Rights Organisations to intervene and save “Biafrans.”

MASSOB claimed that the “atrocious acts of the Nigerian Government” led to the killings, unlawful arrests, abductions, torture and detention of hundreds of innocent Biafra agitators, including Nnamdi Kanu.

In October last year, another group, the Socio-Economic Rights and Accountability Project (SERAP) tabled a petition before the International Criminal Court (ICC), asking the prosecutor, Mrs Fatou Bensouda, to “promptly investigate reports that Nigerian authorities, military and some politicians have used and are using thugs, soldiers and security agents to intimidate, harass, attack and kill peaceful #EndSARS protesters in several parts of Nigeria, including Abuja, Lagos, Edo, Osun, Plateau, and Kano states.”

SERAP urged Mrs Bensouda to push for those suspected to be responsible…or complicit “in the crimes,” to be tried by the ICC.

The group said its resort to the ICC was because if found out that the Nigerian authorities over the years have been unwilling and/or unable to prosecute suspected perpetrators of killers of protesters, “which in turn has promoted a culture of impunity and emboldened” them and their accomplices.

“Without accountability for these serious human rights crimes against peaceful protesters, the victims will continue to be denied access to justice, and impunity of perpetrators will remain widespread and the result will continue to be a vicious cycle of violence against Nigerians,” SERAP said.

MASSOP and SERAP are only two recent examples of many instances where local groups have reached out to foreign entities in their quest for redress for perceived right violations in the country.

The practice is, however, not limited to groups as instances abound where individuals have acted in a similar manner.

Recently, Prof Banji Akintoye, renowned historian (who leads a group, Ilana Omo Oodua); agitator for Yoruba nation Sunday Igboho and 49 others filed a 27-page petition before the ICC, accusing the Buhari administration of genocide against their people.

The petition submitted to the ICC by their counsel Aderemilekun Omojola, named Buhari, Minister of Justice and Attorney General of the Federation Abubakar Malami, former Chief of Army Staff Tukur Buratai and former Inspectors-General of Police, Ibrahim Idris and Muhammed Adamu as respondents.

Equally named respondents were Comptroller General of Customs, Hammid Alli; Inspector General of Police, Alkali Baba; Chief of Army Staff, Farouk Yahaya; former Chief of Air Force, Sadiq Abubakar; former Commandant-General of NSCDC, Ahmed Abubakar Audi; Comptroller-General of the Nigerian Immigration Services, Mohammed Babandede; and the Current Commandant-General of NSCDC, Abdulahi Gana Muhammadu.

The petitioners accused the respondents of committing genocidal offences, including the alleged killing of members of the petitioners’ group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group, conditions of life calculated to bring about physical destruction in whole or in part.

Similarly, the Catholic Bishop of Sokoto, the Most Reverend Matthew Kukah, chose to take his case before the United States’ Congress.

In a virtual presentation to the Tom Lantos Human Rights Commission in Washington, DC, Reverend Kukah alleged, among others, the persecution of Christians in Nigeria by armed extremist groups in the northern part of the country.

He accused President Buhari of being sectional in his approach to governance and deliberately appointing more people of his ethnicity and faith into political offices.

The presidency denied the allegations on July 18, and accused the cleric of spreading falsehood with the intent to discredit the administration.

Such quests for redress at international fora were also made to sub-regional bodies like the African Union and the Community Court of the Economic Community of West African States (ECOWAS Court).  A recent example is the suit by former National Security Adviser (NSA), Colonel Mohammed Sambo Dasuki (retired), who complained of being unjustly detained by the state.

The ECOWAS Court determined the case in his favour and ordered the Nigerian Government to release him from the unlawful incarceration.

How frequent are such complaints?

The frequency with which Nigerians resort to foreign entities for right protection and redress for perceived rights violation, among others is reflected in a recent report by the ICC, in which it claimed to have received 131 petitions from Nigeria within a year.

It added that most of the complaints brought pursuant to Article 15 of the Rome Statute, in relation to the situation in Nigeria, revolved around alleged Rome Statute crimes committed in the Middle Belt, the Niger Delta, and in the context of armed conflict between Boko Haram and Nigerian security forces, including the crimes against humanity — murder and persecution, and multiple war crimes.

Why do Nigerians resort to foreign jurisdictions?

The preponderance of opinion is that most Nigerians resort to foreign entities for succour in the face of rights violation and abuses because of their belief in the inability of the Nigerian State and its institutions to act swiftly and offer the necessary healing balm.

Revd Kukah alluded to this reality when, in his presentation to the US Congress, he claimed that the entire country was invaded by armed bandits and kidnappers, among others, who attacked communities at will, but, “the government seems to be either helpless or uninterested in dealing decisively with these people.”

In Nigeria, court orders and decisions are hardly obeyed by government institutions, particularly security agencies. Even when rights enforcement suits are successfully prosecuted and damages awarded, enforcement becomes another challenge.

Under the existing legal framework in Nigeria, monetary judgments or awards against the government or its agencies are only executable with the consent of the Attorney-General (either at the federal or state levels), thereby subjecting the fate of victims of rights violation to the whims and caprices of the same government. And, in most cases, the Attorneys-General hardly grant such consents.

There is also the problem of delay in the court process, which still exists despite the attempt by the existing rules guiding fundamental rights proceedings – the Fundamental Rights (Enforcement) Procedure Rules (FREPR) 2009 – to ensure swift determination of rights enforcement-related cases.

In his presentation at the National Judicial Institute (NJI) on “Proceedings under the FREPR (2009),” Justice Abdu Aboki of the Supreme Court dwelt on the many positive provisions in the FREPR, which he noted were directed at ensuring prompt redress in rights enforcement cases.

Justice Aboki noted that the general thrust and policy of the FREPR (2009) included: “to ensure speedy and expeditious dispensation of justice in human rights cases, to ensure the simplification and liberalisation of human rights procedural rules  and to eliminate all inordinate delays and technicalities which hitherto bedevilled the enforcement of the fundamental rights of litigants.”

He added that the FREPR (2009) is also intended “to give human rights cases overriding precedence and priority over all daily business of the court, to guarantee increased and unlimited access to court for litigants seeking to enforce their fundamental rights, to ensure that the court expansively construe the provisions of the Constitution and other human rights provisions and to ensure that the rights of the populace are not whittled down in any way.”

Objectives of the FREPR 2009

What is regarded as the objectives of the FREPR 2009 are contained in Paragraph 3(a) – (g) of the preamble to the rules.

For instance, in paragraph 3(a) it states that human rights instruments, including the Constitution (particularly Chapter 4) and the African Charter on Human and Peoples’ Rights “shall be expansively and purposely interpreted and applied, with a view to advancing and realising the rights and freedoms contained in them and affording the protections intended by them.”

Paragraph 3(b) provides that, for the purpose of advancing, but never for the purpose of restricting an applicant’s rights, courts with jurisdiction over human rights cases “shall respect municipal, regional and international bills of rights.”

Paragraph 3(d) provides that courts with jurisdiction over human rights cases “shall proactively pursue enhanced access to justice for all classes of litigants, especially the poor, the illiterate, the uninformed, the vulnerable, the incarcerated, and the unrepresented,” while Paragraph 3(e) provides that courts with jurisdiction over human rights cases “shall encourage and welcome public interest litigation.”

Paragraph 3(g) provides that courts dealing human rights cases should give priority “in deserving cases” to those suits, relative to other cases, and “where there is any question as to the liberty of the applicant or any other person, the case shall be treated as an emergency.”

Why the practice is growing

Law experts are of the view that the practice of resorting to foreign fora for redress and assistance could be because of the perceived obstacles that exist in the country, particularly in the face of what Kukah referred to as “weak structures, and institutions.”

Commenting on the government’s handling of the Igboho case, Femi Falana (SAN) argued that it was imperative that the government and its agencies learn to play by the rules to avert the attendant embarrassment to the nation’s image in the international arena.

Other lawyers, including Daniel Makolo and Tunde Falola attributed this practice among Nigerians to their frustration with the Nigerian system.

Frustrated at home

Makolo argued that Nigerians who take their cases before international bodies and more powerful nations are doing so out of their frustration with the state of affairs at home, “where both the Legislature and Judiciary have become puppets of the Executive under President Buhari, whose legendary human rights abuses in Nigeria has no equal in the country’s history.”

The Abuja-based lawyer observed that the current administration appears selective in its approach to addressing the security problems, which account for why “the various rights groups are asking the UK, USA, Germany etc to intervene, while many victims of the oppressive system are also earnestly asking the Almighty God, who is the creator of the world, to intervene as justice and justice administration have taken flight out of the Nigerian Judiciary.”

“Local courts have become more timid and now resort to delivering timorous judgments, the National Assembly on the other hand, has become a rubber-stamp for the presidency, against international norms and aspirations.

“I pray that more international legal bodies should rise to the occasion before night falls on our beloved country. Nigeria is heading on a voyage of no return. What is happening in Nigeria today is unimaginably wrongful and extremely dangerous,” Makolo said.

Falola also contended that the resort to foreign platforms to complain against perceived injustice in Nigeria “is a reflection of frustration, anger and bitterness in the land, orchestrated by the unwillingness of the political class to listen to the yearning and aspirations of the citizenry on matters that touch on their survival as a people under a common destiny.”

He ruled out the possibility that the practice could have been occasioned by ignorance, noting that majority of the groups and people involved are prominent members of the elitist class.

“These are people, who are well informed and have good aspirations for their country. It is the inability of the political class to work out practical solutions to the numerous challenges facing the nation that prompted these eminent Nigerians to shift their campaign to international fora.

“The recent invasion of the house of leading Yoruba agitators by the agent of the state is a typical example of reckless human rights violations in Nigeria, which has assumed a dangerous dimension. If you look at all these, it appears the government of the day is not ready to make necessary amendments to improve on its human rights records.

“Given this scenario, escalating the campaign for the protection of citizens’ rights at the international level becomes inevitable, hence the recent increase in campaign against the country by some Nigerians cannot be questioned,” Falola said

The cost to Nigeria’s image

Commentators agree that this emerging practice comes with its dent for the international image of the country. And, as noted by Falola, “there is no doubt about the fact this campaign has direct negative effects on our nation and the citizenry by extension.”

Another lawyer, Mark Areku, argued that the practice lowers the estimation of the country in the eyes of the international community as being unable to protect the rights of its citizens and guarantee the opportunity for redress where violation occurs.

“Look at what has just happened in the United States, where a Senator has moved a motion that certain aircraft should not be sold to Nigeria because of gross human rights violation. It also does not help the image of our Judiciary, as it portrays it as an ineffective institution. Those in charge of the nation’s affairs should always consider the impact of their actions on the image of the country globally,” Areku said.

How to reverse the trend?

The call is on the government and its agencies to work on ways to reverse the trend by establishing and empowering institutions with the responsibility to aid the protection of citizens’ rights and provide prompt and adequate redress where violation occurs.

According to Falana, “unless we respect the rights of our people and the human rights of people in our country, we are going to be embarrassed continuously.”

Falola said: “It is high time our leaders turned a new leaf in their day-to- day running of affairs in our nation. Let the principle of justice and fairness be their watchword, the respect for the sanctity of the rights of every citizen should be their priority.

“Every ethnic group in Nigeria should feel the sense of justice and on no account should appointments in government institutions, parastatals and agencies be on ethnic consideration. Once a minimal level of equal treatment of citizens, regardless of where they came from, is achieved, the issue will be a thing of the past.”

 

By Adebisi Onanuga

The Court of Appeal, Lagos division has ordered the Nigeria Customs Service, NCS, to pay an account officer in the Akwa Ibom State Accountant-General’s office, Mrs Margaret Ukpe the sum of N1million for unlawfully  putting her name on a wanted persons’ list.

The NCS in a circular dated September 18, 2018, had placed Mrs Ukpe and four other persons on a watchlist in connection with a case of alleged conspiracy, money laundering and misappropriation of public fund.

The NCS had also instructed all its Area Controllers to arrest them wherever they were sighted.

Vexed by the action of NCS, Mrs Ukpe through her lawyer, Dr Charles Mekwunye, approached a Federal High Court in Lagos seeking amongst other reliefs, a declaration that the NCS circular which was widely publicised constituted a gross violation of her fundamental rights guaranted under the 1999 Constitution and the African Charter on Human and Peoples Right and therefore illegal and unconstitutional.

In a judgment delivered on July 28, 2019 by Justice Mohammed Hassan, the lower court granted eight out of the 10 reliefs sought by the plaintiff including an order restraining NCS from arresting her.

The lower court, however, declined to award any form of damages against NCS or accede to her demand for public apology.

Dissatisfied, Ukpe filed an appeal in 2019 against the Federal High Court judgment insisting that the lower court was wrong by not granting her monetary damages having held that her fundamental human right was breached.

In a lead judgment delivered by Justice Abdullahi Bayero on July 14, 2021, the Appeal Court restated that the order for Mrs Ukpe’s arrest and detention by the NCS in 2018 amounted to a g ross infringement of her fundamental human right.

Justice Bayero also faulted the decision of the Federal High Court declining to grant the appellant monetary damages.

The appellate court held  that damages in compensation legally and naturally follow every act of violation of a citizen’s fundamental rights.

The court held: “The law is trite and the case law on the issue is replete, that once the court has found that the fundamental rights of an applicant has been violated by the act/acts or conduct of the respondent, the applicant is  entitled to compensation.

“From the available evidence as shown in the record of appeal and the findings of the lower court, the appellant’s right has been breached by the respondent.

“The lower court has the sacred duty to prevent the violation of citizen’s rights. This appeal is therefore meritorious and is hereby allowed.”

He ordered NCS to pay Ukpe N1million as compensation for the unlawful and unconstitutional order for her arrest and detention and to also publish a full apology to her on the front page of two widely read national newspapers.

Earlier while dismissing the preliminary objection raised by NCS, challenging the jurisdiction of the court , Justice Bayero held that the matter was properly brought before the appellate court and that NCS can be sued contrary to the argument of NCS counsel.

Two other judges on the panel, Justice Obande Ogbuinya and Justice Frederick Oho also consented with the led judgment.

 

The Nigeria Police Trust Fund (NPTF) is potentially capable of meeting the Police’s critical funding and operational needs, but two years after President Muhammadu Buhari signed the NPTF Act into law, its impact on policing is yet to be felt. Experts are warning that unless several critical issues are tackled, the Fund might become stillborn, writes ROBERT EGBE.

 

 

When the dust finally settled after the #EndSARS protests of last October, the full scale of the wanton destruction of government and private properties by hijackers of the movement became clearer.

In just about 18 days – October 9 to 26 – 73 persons, including 22 policemen, were killed nationwide, 27 police stations were burnt to the ground, 10 AK-47 rifles were stolen and there were coordinated attacks on four media houses.

Multi-million naira worth of goods and properties belonging to government officials, senators, private individuals across 26 states were also looted or vandalised.

In Lagos alone, about 25 police stations were attacked and razed by hoodlums amid the protests, according to the Police command in the state.

The Police identified the 25 stations burnt in Lagos as Orile, Amukoko, Layeni, Ilasamaja, Ikotun, Ajah, Igando, Elemoro, Makinde, Onipanu, Ebute Ero, Pen-Cinema, Isokoko, Alade, Cele, Igbo Elerin, Shibiri, Gbagada, Onilekere, Makoko, Daleko, Asahun, Makinyo, Amuwo-Odofin, Anti-Kidnapping, Surulere.

Now, about nine months after, the police stations are yet to be rebuilt, with grave implications for security.

It would be easy to finger funding as the problem; allocations to the police are traditionally abysmally inadequate.

In 2019, the Federal Government appropriated an increased allocation of N366,133,777,795 to the Police Formation, the highest appropriation ever to the service in the last 10 years

But a needs’ assessment committee set up by the former Inspector-General of Police collated the needs of the Police and it amounted to N1.8 trillion.

Notwithstanding the country’s lean purse, however, there should be some money available to rebuild police facilities, particularly through the Nigeria Police Trust Fund (NPTF).

NPTF

The Nigeria Police Trust Fund (Establishment) Act came into force on June 24, 2019 after it was signed into law by President Muhammadu Buhari.

The Act created the Nigeria Police Trust Fund (NPTF) as a corporate  body with a common seal that may sue and be sued in its corporate name.

The Police Trust Fund Act provides a legal framework for the management and control of a special intervention fund for training and retraining of personnel of the Nigeria Police Force and for the provision of state-of-the-art security equipment, and other related facilities for the improvement of the skills of the officers of the Nigeria Police Force including its auxiliary staff in Nigeria and abroad.

The Trust Fund is to operate for a period of six years from the commencement of the Act, after which it would cease to exist except extended for any further period by an Act of the National Assembly.

The fund shall comprise of 0.5 per cent of the total revenue accruing to the Federation Account, take-off grants, aids, donations, and interestingly, 0.005 per cent of the net profit of companies operating business in Nigeria.

The NPTF Act also establishes the NPTF Board of Trustees, which will be liable for investing money accruing to the Trust Fund, setting policies for training and retraining of personnel of the NPF, and so on.

The Act exempts the Trust Fund from the payment of income tax on any income accruing from investments made by the Trust Fund.

The Senate on February 24, 2021, approved N11.3 billion (11,352,457,101.70) as the NPTF budget for the 2020 fiscal year.

About N1.3 billion (1,362,814,243) of the amount was allocated for the procurement of teargas. About N1 billion was allocated for the procurement of arms and ammunition.

The approval was sequel to the consideration and adoption of the harmonised report of the Senate and House of Representatives Committee on Police Affairs. The Chairman of the Senate Committee on Police Affairs, Haliru Jika, presented the report.

NGOs sing govt’s praises

The Federal Government’s decision to institute the NPTF to strengthen the NPF was praised by many stakeholders.

Two of such groups are the Human Rights Law Service (HURILAWS) and Network on Police Reform in Nigeria (NOPRIN).

HURILAWS Programmes Manager, Collins Okeke, and NOPRIN National Coordinator, Emmanuel Ikule emphasised the potential of the NPTF.

They and a former Managing Director of the Lagos State Security Trust Fund (LSSTF), Mr Fola Arthur-Worrey, spoke last Thursday at a media parley in Lagos organised by HURILAWS in partnership with NOPRIN and supported by MISEREOR.

Okeke said: “We are especially excited about the Police Trust Fund Act 2019. The Trust Fund, as you know, is designed to, among other things, provide funds for the training and retraining of personnel of the Nigeria Police Force (NPF), provide them with state-of-the-art security equipment, to improve the general welfare of the personnel of the NPF, and enhance their preparedness. The National Assembly has approved a budget of N74 billion for the Trust Fund. We will monitor to ensure monies appropriated are disbursed and efficiently deployed.”

Is NPTF stillborn?

Despite the optimism, they noted several issues with the NPTF.

Two years after the NPTF Act came into force, and one year after the President constituted its Board of Trustees as required under the Act, experts are worried that the fund has had little or no impact on policing and seems to have gone redundant.

For instance, despite the critical security challenges in several parts of the country, the Police have only one functional helicopter. A fully functional NPTF would probably have addressed this.

Problem of funding

The Act provides that the source of funding for the Trust Fund shall comprise of 0.5 per cent of the total revenue accruing to the Federation Account; a levy of 0.005 per cent of the net profit of companies operating business in Nigeria; any take-off grants, and special intervention fund as may be provided by the Federal, State and Local Governments.

Other sources are such money as may be appropriated to meet the objectives of this Act by the National Assembly in the budget; aids, grants and assistance from international bilateral and multilateral agencies, non-governmental organisations and the private sector; grants, donations, endowments, bequests and gifts, whether of money, land or any other property from any source and money derived from investment made by the Trust Fund.

The Trust Fund shall be utilised for the accomplishment of the objectives of the Act which includes the training of the officers of the Nigeria Police Force, the overall improvement in the discharge of the duties of the Nigeria Police and for such other purposes incidental to or connected with the attainment of the objective of the Act.

Some of that includes the purchase of the equipment, machineries, including operational vehicles for the NPF and construction of police stations, provision of living facilities such as quarters or barracks for the NPF, among others.

Read Also: Abdulsalam seeks God’s intervention to end insecurity

 

Ikule noted that the NPTF seems to impose an additional tax liability on companies.

He said: “While the tax of 0.005 per cent of the net profits of the company is minimal, the introduction of this tax means that corporate taxpayers will now have an additional tax liability to the already existing tax obligations imposed under relevant tax laws.

“The Act is however silent on the penalty for non-compliance and does not also provide for a timeline within which to remit the contribution.”

Arthur-Worrey noted further that the NPTF seems to be finding it difficult to access the funds allocated to it because of the stringent Treasury Single Account (TSA) guidelines. He urged the government to find a way to solve the problem.

Board composition

The board consists of a retired Inspector-General of Police (IGP), the IGP or his representatives, as an Ex-officio member; a representative of the federal ministry responsible for police matters; justice, finance; a representative of the civil society group, the organised private sector and the secretary of the Board of Trustees

Drawing from his experience with the LSSTF, Arthur-Worrey observed that the NPTF seems to be encumbered by government presence on the board.

He noted that the LSSTF is free of government bureaucracy because it is private sector-led. It is thus able to respond faster to policing emergencies.

Arthur-Worrey harped on the need to incorporate the private sector in the management of the fund, as part of amendment to the act and the need to change it to police management fund and not a trust.

“Trust fund is a fund set up for a beneficiary. It’s a fund set up for the police and not to be managed by the police”, he said.

He noted further that the previous Equipment Trust Fund set up by former President Olusegun Obasanjo and headed by Mr Kenny Martins failed because “it was buying things that the police did not need. There was no need assessment to determine the actual needs of the police.”

The former LSSTF boss was also one of the speakers at a roundtable meeting held in Abuja on June 29, 2021 to review the implementation and impact of the NPTF, stakeholders claimed that the President failed to consider the federal character principle in constituting the NPTF Board membership.

The meeting was organised by the Rule of Law and Accountability Advocacy Centre (RULAAC), and Partners West Africa Nigeria (PWAN), in partnership with Open Society Justice Initiative (OSJI).

A statement by the organisers stated; “Police have received zero funds from the PTF. The purpose of the PTF appears defeated two years after. The NPF currently has only one functional helicopter. One was gunned down during operation. The NPF needs armoured specialised helicopters.

“The sum of N38 million budgetary allocation for the police for operational vehicles for one year is grossly inadequate. The police need help from the PTF in the areas of equipment, infrastructure and training and retraining. The PTF should fulfil its mandate by filling the funding gap for the Nigeria Police to perform effectively.

“The NPTF should be independent of the police and government bureaucracy. This is one lesson from the LSSTF. The trustees should make all the decisions as in the case of Lagos, as emphasis on the use of security trust fund is speed – to enter into gaps that normal funding cannot address quickly.

“There is need to look into the act establishing the NPTF, identify the barriers to its implementation and amend the act appropriately,”

It also noted that the law mandated the NPTF to report to the National Assembly, not the President, and that the members of staff should not be civil servants seconded from different ministries.

The Lagos example

Arthur-Worrey’s reference to Lagos is apt.

Governor Babajide Sanwo-Olu on July 10 donated 150 vehicles, four high-capacity troop carriers, 30 patrol cars, and two anti-riot water cannon vehicles to the police as part of efforts to strengthen security responses across the state.

President Muhammadu Buhari, who was visiting the state, personally took inventory and inaugurated the equipment before Sanwo-Olu handed them over to the Inspector-General of Police (IGP), Usman Baba, for the use of Lagos Police Command.

The gadgets were procured through the Lagos State Security Trust Fund (LSSTF).

Sanwo-Olu said the investment in the security gadgets was timely, given the setback recorded in security operations occasioned by the violence that followed the EndSARS protests, last October.

NPTF lifespan

According to Section 27 of the Act, the Trust Fund is for a duration of six years, and upon expiration of the period, the Trust Fund is expected within six months to wind up its activities, settle liabilities and transfer all its assets to the Nigeria Police Force.  But two years are already gone.

Collection/enforcement

Ikule noted another problem in the area of collection or enforcement.

He said: “The Act is silent on which agency of government is responsible for collection of the levy. Ordinarily, one would expect that the Federal Inland Revenue Service would be responsible for the collection and enforcement of the levy as it is computed based on the profit of a company. This would also save collection costs. Though the Act sets up a Board, the Board is mostly responsible for setting out the policies and programmes for meeting and carrying out the objectives of the Act and such other activities as are considered necessary for the attainment of the objectives of the Act. The Board is not charged with collection of the levy or enforcement of the Act.”

What is ‘net profit?’

He noted other issues the Act is yet to address.

Ikule said: “They include the nature of the levy, its tax treatment, collection and enforcement. Equally concerning is the fact that the Act does not define what “net profit” (upon which the levy is to be imposed) is. This should not be the case in a taxing legislation. There are several decided cases that have clearly indicated that there should be no ambiguity in a taxing legislation.

“The training and re-training of the NPF Officers cannot be over emphasised (especially on ACJA/ACJL) and implementation would ensure the provision of state-of-the-art security equipment, and other related facilities for the enhancement of the skills of the officers of the Nigeria Police Force and for the overall improvement and efficiency in the discharge of their duties and responsibilities.

“There is also need for third party monitors (CSOs) to monitor the implementation of the Police Trust Fund Act 2019.”

“In conclusion, we believe that the provisions of the Act hold many potential in resolving most of the security challenges in Nigeria if strictly implemented. Companies doing business in Nigeria should also take cognisance of the additional tax liability now imposed by the Act and factor same in their annual budget for the stipulated six years period.”

Expand the NPTF to include other security agencies, correctional services

Other recommendations include that the NPTF should be amended to be a security trust fund for all military and para-military agencies, rather than be exclusively for the police.

This, Arthur-Worrey noted, would take care of agitations by the military for a trust fund of their own

Okeke further added that the government should take a holistic look at the criminal justice system and act accordingly.

He said an effective criminal justice system is one of the key pillars upon which the rule of law is built because it serves as a functional mechanism to redress grievances and bring violators of social norms to justice and how well a country manages its criminal justice system affects its overall performance on the governance index.

‘Unfortunately, the Nigerian criminal justice system is fundamentally flawed and the defects manifest at different stages of the criminal justice process which is why HURILAWS alongside other civil society groups have been involved in advocacy for the passage of the Administration of Criminal Justice Law.

“Having achieved substantial passage of the laws (ACJA/ACJL has been passed in the FCT and more than 25 states in Nigeria), we are also advocating adequate funding for criminal justice agencies like the courts, the police, and the correctional service.”

He said the trust fund should also cater to the needs of the Correctional Services.

Okeke said: ‘The Correctional Services Act 2019 has established the Nigerian Non-Custodial Service which is responsible for the administration of non-custodial measures including community service, probation, parole, restorative justice measures. This suggests a paradigm shift from punitive or retributive justice simpliciter to restorative justice.

“Laudable as this is, it needs well-equipped non-custodial officers community service centres, etc. to administer it to positively impact the state criminal justice system.

“Regrettably, this has not been put in place and where they exist, they have limited capacity. No special fund has been made available to ensure effective implementation of this important part of the law and so we propose like for the police, a Trust Fund for the Nigerian Correctional Service.

“In conclusion, we support all current efforts at criminal justice reforms. But, these reforms must be supported with the required human and material resources. If resources are effectively deployed, it will mitigate prison congestion, end the abuse of the remand system, improve the delivery of criminal justice services by the courts, enhance the capacity of law enforcement agents to act responsibly, accountably, and professionally, as well as ensure better safeguards for the rights of persons who are processed through the criminal justice system.”