Category: Law

Lagos State government, through its Domestic and Sexual Violence Response Team (DSVRT) is equipping nurses with skills on how to apply psycho-social support to survivors of gender-based violence to ease their pains and post-event trauma, ADEBISI ONANUGA reports

Nurses from different health facilities in the public and private hospitals were assembled in Lagos for training on how to apply psycho-social counselling to survivors of gender-based violence.

No fewer than 150 of them were drawn from 26 General Hospitals, 57 Comprehensive Primary Health Centres (PHCs) and six private hospitals. Other participants were from six private hospitals including Agape Medical Centre, R-Jolad Hospital, Bee Hess Hospital, Mobonike Hospital, Faleti Medical Centre and New Merit Hospital.

The state’s Domestic and Sexual Violence Response Team (DSVRT) is conducting the training in partnership with the Lagos State Primary Healthcare Board, the Lagos State Ministry of Health, with the support of the Ford Foundation.

The three-day training programme organised for the nurses held at the Conference Room of Lagos Chamber of Commerce and Industry (LCCI), Alausa, Ikeja.

According to the State Primary Healthcare Board, Dr Veronica Iwayemi, nurses who are part of first responders must arm themselves with the knowledge of psycho-social counselling to reduce the trauma faced by survivors of Sexual and Gender-Based Violence (SGBV).

Speaking during the opening of the three-day programme, Dr Iwayemi said perpetrators persist in their nefarious act when they know that victims have no way of seeking help. In such a situation, she said the act would continue.

She said SGBN can be a family problem if not curtailed, explaining how it could go from a father who constantly beats his wife, to the son who might become a bully in the school and goes down the line.

She said the victim becomes in-secured in a situation where help doesn’t come early.

Dr Iwayemi said negligence could result in child abuse in a situation where a mother is covering up the bad deeds of a brother or an uncle violating a daughter, for instance, to save her marriage to the detriment of her child.

She argued that the training of nurses and other social workers on psycho-social counselling is very important because they are the first contact in the collection of evidence in cases of gender violence.

She said this is why they must be gentle and speak in a manner to calm survivors to get evidence and collate data from the event the survivor experienced. She said their conduct must elicit sympathy and understanding to gain the trust of survivors of gender-based violence.

According to her, “nurses are the largest number of staff we have in the healthcare workforce.

“Training in psycho-social support starts from the way you introduce yourself to the survivors when you’re taking evidence. Because it is a traumatic event, survivors need empathy and kindness,” she said.

She reminded them against calling somebody who has gone through a traumatic experience a “victim” but to use the word “survivor” to create friendship.

She however, lamented that sexual-based violence is still underreported despite efforts being made to encourage survivors to speak out.

She listed factors contributing to the low report of gender-based violence to include societal stigma, family denials, inadequate sanctions, cost of litigation, slow pace of justice, threats, victimisation, religious beliefs among others.

She said this explained the various initiatives by the state government to reverse the trend.

She listed steps taken to stem gender-based violence to include the enactment of the Child Rights Law, establishment and sustenance of the Child Protection Unit of the Ministry of Youths and Social Development, creation of the DSVRT in 2014, training of Primary Health Workers in sexual assault management and development of data, free test for survivors, the establishment of Sexual Assault Intervention Fund and establishment of the DNA Forensic Laboratory.

The Executive Director of the Institute of Counselling, Dr Tolulope Oko-Igaire, reminded the nurses that they are in the profession because they want to help survivors, stressing that this was the reason for doing what they are doing.

She described counselling as the art of “taking people out of incongruence to a more functional state.”

She said proper counselling of survivors would give them a safe space to open up on their troubles and assist them to make the right decision for themselves.

She said for them to offer good counselling to survivors, nurses must have: “a counselling plan, be emphatic, possess listening skills, must not be judgmental, and understand confidentiality,” among other skills.

She told them that a lot rests on their shoulder as first responders and that they should do what is right with the knowledge gained.

She advised that every healthcare facility must have a unit where a therapist can sit to attend to survivors for them to be at ease.

DSVRT Coordinator Mrs Titilola Vivour-Adeniyi said the idea of the training is to build the capacity of the nurses to provide psycho-social support for survivors of gender-based violence.

Mrs Vivour-Adeniyi said: “The idea is that when a survivor presents himself or herself at a health facility, aside from receiving head-to-toe medicinal examination, their mental state of mind would also be treated.

“Because they have gone through a traumatic experience, they need psycho-social support, they need counselling to calm them.

“This way, we are able to provide holistic, total care management to survivors”, she said.

In the light of growing preference for arbitration as a means of resolving commercial disputes across the globe, Alice Lawrence reviews the challenges of enforcing international Arbitral Awards in Nigeria.

Arbitration is the most common and most preferred means of resolving international commercial disputes. The benefits of arbitration include relative speed, privacy, and party autonomy in selection of their umpire.

The beneficiary of an Arbitration Award expects that it should be complied with; in the event that it is not, resort must be had to legal mechanisms of the State to enforce the Award. The resort to these mechanisms is fraught with legal technicalities that must be navigated to a successful outcome.

In 2019 Nigeria was ranked as Africa’s largest economy and one of the world’s largest exporter of crude oil. Nigeria also produces a large proportion of the goods and services for the West African sub-continent.  In order to realize the economic potentials of Nigeria as an investment destination, the enforcement of International Arbitral Awards must be streamlined for greater efficacy.

This essay is an attempt to review of the relevant laws and structures for enforcement of International Arbitral Awards, identify the areas where improvement is needed, and proffer possible solutions. Some of the solutions suggested require constitutional amendment; others, suggest more uniformity and clarity to Court rules. The author proffers solutions which if implemented would make Nigeria an even more attractive investment destination in the years to come.

Introduction

“Interestingly, ‘greater certainty and enforceability of awards” was selected as the second most likely factor to have a significant impact on international arbitration in the future. It should be noted here that “enforceability of awards” was consistently ranked the most valuable characteristic of international arbitration both in the 2015 survey and in the current survey ….. The fact that 43% of respondents take the view that greater certainty and enforceability of awards is likely to have a significant impact on the future of international arbitration may be indicative of a perceived gap between the theoretical ease of award enforcement promoted by the provisions of the New York Convention and potentially less successful practical experiences of respondents seeking to enforce arbitral awards in various jurisdictions”

Arbitration is the most preferred and common form of resolving commercial disputes. Its advantages includeflexibility, relative speed, privacy and party autonomy. However, there is no point to undertaking Arbitration if the Award will not be complied with; if compliance is not voluntary, there must be effective means of enforcing the Award.

It is the practical difficulties with the enforcement of International Arbitral Awards that is the subject of this work.

Chapter One explores both national and state arbitration laws in Nigeria and their  effectiveness in Nigeria. It will also examine the New York Convention and other treaties and conventions relating to arbitration in Nigeria, such as the Convention on Settlement of Investment Disputes, the United Nations Commission on International Trade Law (UNCITRAL) Model Law and the Economic Community of West African  tates(ECOWAS) Energy Protocol. Arbitration bodies such as the Chartered Institute of Arbitrators UK and the Lagos Court of Arbitration among others, will also be reviewed.

Chapter Two details the legal framework for enforcement of International Awards, and the judicial processes required for successful enforcement of International Awards in Nigeria under the New York Convention, ICSID Convention and otherwise.

Chapter Three identifies the practical problems encountered in navigating the framework for International Awards enforcement in Nigeria. Some of the problems highlighted are delay, lack of training of judicial officers, legislative inaction and systemic problems in the legal system of Nigeria itself.

Chapter Four suggests the author’s solutions to the problems examined in Chapter Three. It is hoped that this work will in time result in necessary changes to the legal framework for enforcement of International Awards in Nigeria, and enable Arbitration deliver on its promise of effective and efficient resolution of commercial dispute, and contribute to the economic prosperity of Nigeria and Africa.

Enforcement Of International Arbitration Awards under the Arbitration and Conciliation Act International Arbitration Awards are enforceable in Nigeria (in practical terms) under the Arbitration and Conciliation Act in substantially the same manner as Domestic Awards. However, as we shall see, they may also be enforced under the Foreign Judgments (Reciprocal Enforcements) Act.

Sections 51 and 54 of the Arbitration and Conciliation Act make provisions for enforcement and recognition of International Awards.

Section 51:

(1) An Arbitral Award shall irrespective of the country in which it so made, be recognized as binding, and subject to this Section and Section 3 2 of this Act, shall upon application in writing the Court, be enforced by the Court.

(2) The Party relying on an Award or applying for its enforcement shall supply-

1. The duly authenticated Original Award or a duly certified copy thereof; and
2. The Original Arbitration Agreement or a duly certified copy thereof; and
3. Where the award or arbitration agreement is not made in English language, a duly certified translation thereof into English language.

Section 54:

Without prejudice to Sections 51 and 52 of this Act, where the recognition and enforcement of any Award arising out of an international commercial arbitration is sought, the Convention on the Recognition and Enforcement of Foreign Awards (hereinafter referred to as the Convention’) set out in the second schedule to this Act shall apply to any Award made in Nigeria or any contracting state;

1. Provided that such contracting state has reciprocal legislation recognizing the enforcement of Arbitral Awards made in Nigeria in accordance with the provisions of the Convention;
2. That the Convention shall apply only to differences arising out of the legal relationship which is contractual. The Convention referred to above is the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, June 10 1958 (also known as the New York Convention).

Nigeria acceded to this Convention in 1970, declaring that it would apply the Convention to enforcement of Awards made in states party to the convention and where the relationships of the parties would be considered commercial under the laws of the Federal Republic of Nigeria.

In effect, Awards emanating from states not party to the New York Convention may not be enforced under Section 54 of the Act, and Awards so emanating from such states may only be enforced if the relationships between the parties would have been considered a commercial relationship in accordance with Nigerian Law.

An Award that fails to satisfy criteria set forth by Section 51 of the Act may however be enforced under Section 51.  One benefit to enforcement under Section 54 is that the costs of enforcement under the New York Convention are required to be the same with enforcement of Domestic Arbitration Awards. The technical requirements of the Application for recognition and enforcement of the Award (with regard to manner of application and accompanying documents to be presented to the Court) are identical to Section 51.

Enforcement of International Arbitration Awards under the Foreign Judgments (Reciprocal Enforcements) Act

The Foreign Judgments (Reciprocal Enforcements) Act is an act of the National Assembly of Nigeria; so is the Arbitration and Conciliation Act.

None of the provisions of these Acts are made subject to the other, so where they make provisions on the same subject matter of enforcement of Arbitration Awards, they offer alternative means of securing the same objectives, each as valid at law as the other.

The objective of the Foreign Judgments (Reciprocal Enforcements) Act is to make provisions for the enforcement in Nigeria of Judgments given in foreign countries which accord reciprocal treatment to Judgments given in Nigeria. Section 2 of the aforesaid Act interprets Judgment to which the Act applies to include “..an award in proceedings in an arbitration if the award has in pursuance of the law in place where it was made become enforceable in the same manner as a judgment given by a Court in that place…”

However, only judgments of the Superior Courts of the country making the judgment may be enforced in Nigeria under this Act. By the combined effect of Section 2 and Section 3(2), awards to be enforced in Nigeria under this Act must have become enforceable by the Superior Court of the Country where the award was made in order to be enforced under this Act.

It would therefore appear that where, by the Laws of the Venue of arbitration, the award is entitled to be enforced as a Judgment of the court of that country, without further registration as a Judgment of the court of that country, such an Award would be enforceable in Nigeria upon satisfaction of the rules of Court in Nigeria prescribing

what matters the application for enforcement is required to satisfy under Section 5 of this Act.

However, where the Award would have been required to be registered as a Judgment under the laws of the Venue, in order to become enforceable as a Judgment of the court of the country of Venue of Arbitration, the Award would have to be registered in that country before being registered (not as an Award, but now as a Judgment of that Foreign Court) in Nigeria for purposes of enforcement (in effect, Registration has to be effected in the Court of that foreign country to make the Award enforceable as a Judgment, before application to enforce would commence in Nigeria).

It is worthy of note that the provisions of this Act under consideration specify Venue of Arbitration and not Seat of Arbitration as the determining factor in evaluating Arbitral Awards. This shall be further considered in subsequent chapters of this essay.

An Award to be enforced under this Act shall be enforced further to application made to the High Court or Federal High Court of Nigeria (and to no other Court as the interpretation section of the Act under consideration defines Court to mean these two Courts, and does not mention the National Industrial Court which was not in existence at

the time).

The fact that the Nigerian Court would have been precluded from making such a judgment on particular terms or subject matter in an action commenced before said Court is not a bar to enforcing such terms in a foreign award or judgment.

Generally, the application to enforce the award would be accompanied by a Certified Copy of the Award, a Certified Copy of the Order of the Court entitling the Award to enforcement in the Venue of the Award (where applicable), and a statement that the Award/Judgment was wholly or partially unsatisfied.

A registered judgment may be set aside or registration refused under Section 6 of this Act where the party against whom the judgment is sought to be enforced can satisfy the Court that:

1.     The Judgment emanates from a country where the Minister of Justice (Nigeria) has made an order refusing enforcement arrangements to that country.
2.    That the Judgment was registered contrary to the provisions of the Foreign Judgment (Reciprocal Enforcements) Act.

iii.    That the court of the country of Original Venue had no jurisdiction in the circumstances of the case.

1.    That the party against whom enforcement is sought was not sufficiently notified of the proceedings in order to afford him opportunity to present his case.
2.     That the Judgment was obtained by fraud.
3.    That the enforcement of the Judgment would be contrary to public policy in Nigeria.

vii.    That the rights under the Judgment do not vest in the party seeking to enforce the judgment.

An Order of Court made under these provisions to enforce or refusing to enforce an award, may be appealed to the Court of Appeal and thence to the Supreme Court of Nigeria.

2.2.1   Enforcement of International Arbitration Awards under the International Center for Settlement of Investment Disputes (Enforcement of Awards) Act Nigeria is a signatory to the 1965 Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States (also known as the ICSID Convention or the ‘Washington Convention’.

Domestic provisions to give effect to Awards pursuant to the Convention are provided in the International Center for Settlement of Investment Disputes (Enforcement of Awards) Act. Section 6, Article 53 of the Convention provides that Awards shall be binding on the parties and shall not be subject to appeal or review save as provided by the Convention. Article 54 (1) obliges the contracting state to recognize the award as a final judgment of that country enforceable in that country.

Section 1 of the International Center for Settlement of Investment Disputes (Enforcement of Awards) Act provides that copies of awards certified by the ICSID Secretary General to be enforced in Nigeria shall be registered administratively in the Supreme Court of Nigeria and upon registration shall be enforced as a Judgment of the Supreme

Court of Nigeria. Upon registration, the Award is not subject to appeal or review, and the registration by the Supreme Court is also not subject to any review.

PROBLEMS WITH ENFORCEMENT OF INTERNATIONAL ARBITRAL AWARD IN NIGERIA

Where a Judgment Debtor fails to comply with the terms of an Award against him, the victorious party engages the machinery of state to enforce the Award. However, this is often where the promise of arbitration fails, as the speed and relative lack of technicality or arbitration runs into technical quagmires in the enforcement of Awards.

The problems with enforcement of Arbitration Awards in Nigeria will be discussed under the following headings:

1.     Delay
2.     Undue and Inconsistent Technicalities
3.     Legislative Inaction
4.     Lack of Training in Arbitration

This chapter is an attempt to examine these problems and reflect on the present state of affairs in Nigeria and suggest solutions in the next chapter.

SUGGESTED REFORMS AND SOLUTIONS TO PROBLEMS WITH   ENFORCEMENT

OF ARBITRAL AWARD IN NIGERIA

In the preceding chapter, we examined some of the problems encountered in the process of Enforcement of Arbitral Awards in Nigeria. This chapter is dedicated to suggesting reforms and solutions.

4.1.    Granting Special Classification to Arbitration Assistance Despite the delay of actions in the courts, some applications are given accelerated hearing by virtue of the Rules of Court and legislative instrument. Examples are Fundamental Rights Proceedings and Maritime Claims. Some proceedings are assigned to special courts

(for example Juvenile Courts to handle Family Law issues arising from the Child Rights Act). These actions are heard on fast track, delays are met with punitive action and judgment is quickly rendered.

Presently Arbitration Assistance by the courts does not have such classification, and arbitrations in need of Judicial Assistance get bogged down in intractable delays. There is no clear procedure for the Arbitration Assistance contemplated by the Arbitration and

Conciliation Act.

It suggested that Arbitration Proceedings generally be classified as special accelerated proceedings. This classification would provide the judicial impetus to effectively discourage delay by the parties, grant judges power to impose stiff fines for tardiness, and effectively fast track the process of Arbitration generally.

It is also suggested that the saving provisions of the Supreme Court Act and the Court of Appeal Act allowing the decisions of a Justice to be read in his absence by his brother Judges could be extended by legislative instrument to apply to actions concerned with Arbitration assistance and enforcement of Awards.

4.2.    Enactment of Specialized Rules of Court for Arbitration.

As has been stated earlier in this work, there are no unified specialist rules in relation to Applications to enforce or set aside Arbitration Awards. There are also no specialist rules for Arbitration Assistance applicable throughout Nigeria.

It is submitted that Specialist Rules in this regard would be a welcome development to streamline and standardize the manner and technical requirements of application to enforce or set aside Arbitration Awards, and also deal with the technical issues of

Judicial Assistance to the Arbitration process. The benefits of this are to create a uniform standard across the Courts, and clarify expectations to applicants and to Judges. With a uniform set of rules, training Judges and legal counsel would also be an easier task. The

decisions of the Appellate Courts could also be streamlined to avoid confusion.

The specialized rules could also expedite hearing by specifying timelines and fines for delay, leading to quicker outcomes.

4.3.    Restricting Appeals Process

In the preceding chapter we identified the appeal process as a factor working against the enforcement of awards in Nigeria. Appeals take too long to conclude due to the congestion of the appeal system, with appeals on every technicality and orders to stay proceedings keeping proceedings in stasis for years.

It is suggested that constitutional amendments are in order (as the right of appeal is governed by the Constitution of the Federal Republic) as follows:

1.     The Right of Appeal to the Federal Court of Appeal after an Award is refused or granted recognition should be preserved, with the Court of Appeal as the final appellate court for such proceedings. This would require constitutional amendments.
2.    That the right to appeal arising out of enforcement proceedings should be limited to appeal against the final decision of the High Court; interlocutory orders may only be appealed after the final order is granted, where the appellant has to demonstrate that the

interlocutory order occasioned a miscarriage of justice in the final

order.

iii.    Appeals against such orders made by the High Court must be filed within fourteen days (presently an aggrieved party has three months to file an appeal).

Other reforms suggested (which only require amendment to rules of Court) include:

1.    Appeals in regard of enforcement of Award once struck out may not be relisted.
2.     Appeals must be heard and determined within ninety days of filing the Appeal.
3.    Stiff penalties and costs should be recovered from the losing party where the Appeal is adjudged frivolous.

Concluding Remarks

If Nigeria is to realize its potential as the investment capital of Africa, changes need to be made to the legal framework for enforcement of International Arbitration Awards to avoid the frustration of the commercial intention of the parties in making their investments and

undertaking business relations. As the government seeks to diversify the economy and move away from an addiction to oil revenues at the expense of other sectors of the economy, access to enforcement of Awards is a key cog in the economic machine that we hope should be roaring out of the West African coast over the course of the next decade.

• Alice Lawrence a PortHarcourt based legal practitioner is a Fellow of the Institute of Chartered Arbitrators (UK). Fellow Institute of Chartered Mediators and Conciliators (FICMC).

By Eric Ikhilae, Abuja

A German businessman, Martin Gegenheimer detained by the Nigerian Immigration Service (NIS) since February 2020 has petitioned the European Union (EU), his country’s embassy in Nigeria and others over Nigeria’s failure to obey a court judgement ordering his immediate release.

According to the petition by his lawyer, Dr. Daniel Makolo, Gegenheimer arrived Nigeria on February 9 last year on a business visit and obtained the necessary approvals for visa on arrival and legally entered the country with his German passport, numbered: C93X6C4L6 via Kenya Airways flight KQ532.

The lawyer added that his client was officially issued with a month’s business visa, numbered: 0014938 by officials of the NIS at the Murtala Mohamed International Airport (MMIA), Lagos.

“While returning to his base in Kenya on February 23, 2020 he was stopped at the boarding gate of Kenya Airways aircraft after all necessary departure formalities were completed.

“He was subsequently arrested, his German passport seized without retention receipt issued to him. He was not informed of the reason for his arrest and has been in detention in Nigeria since February 23, 2020,” the lawyer said.

Makolo stated that his client later sued the Nigerian government at the Community Court of the Economic Community of West African States (ECOWAS) for unlawful detention and violation of his fundamental rights.

In its judgment on March 4, 2021 the court among others, found Gegenheimer’s arrest and detention unlawful and rejected Nigeria’s claim that he was being held in relation to certain criminal activities.

A three-man panel of the court, headd by its President, Justice Edward Amoako Asante ordered the Nigerian government to immediately release him, release his international passport and pay him costs totalling N63.7m and $10000 for the damages he suffered while being held under unlawful detention.

The court equally ordered the Nigerian government to remove the German’s name from its watch list and “to immediately and unconditionally release his German passport, which was arbitrarily and unlawfully seized by agents of the Nigerian government.”

Makolo, in the petition, stated that about two months after the judgment, neither the Nigerian government nor its affected agent, the NIS has taken steps to comply with the orders made by the court.

He prayed the relevant authorities to come to the aid of his client who is being unlawfully held by the Nigerian government despite a subsisting order of a court of competent jurisdiction for his release and the release of his passport.

Copies of the petition were also sent to the ECOWAS Commission, African Union (AU), the Nigerian Justice and Foreign ministers and the National Human Rights Commission (NHRC).

By Eric Ikhilae, Abuja

The Deeper Christian Life Ministry (DCLM) has cautioned the Lagos State Government and the Lagos Metropolitan Area Transport Authority (LAMATA) against the planned demolition of its church house at No: 2/4 Biney Street, Yaba, Lagos and forceful acquisition of the land on which the structure currently stands.

It insisted that the planned demolition of the church building does not conform with the procedure set out in the law for acquiring private property for public use.

The church said in a May 27, 2021 letter of complaint to the state government and the Lagos State House of Assembly, written by its lawyer, Nojim Tairu, that it recently noticed that a sizeable chunk of the church’s premises, which serves as the headquarters of its Yaba group, was marked for demolition by the state through LAMATA.

DCLM said it has been in possession of the land for over a decade and has peacefully occupied it until the Lagos State Government marked its structures for demolition without any notice or providing reasons for its action.

The church said it found that some days earlier, a structure adjoining its building was demolished by agents of the state government, while another property on the other side of the church had been evacuated preparatory to demolition.

Stating that it learnt the Lagos State Government/LAMATA demolished the structures to enable it deploy the land for certain public interest, DCLM said it would not object to the state government’s development efforts, but insisted that the proper procedure for acquiring private property for public use must be complied with.

Part of the letter reads: “Whilst our client is not, in principle, against the development of the state and the government’s proposal to use the section of her land for overriding public interest, the irreducible minimum in any clime is  that the government and its agencies, being institutions and custodians of the law, must comply with applicable laws in such circumstance so as not to leave any room for speculations on their intentions/actions or worse still, set a dangerous precedent in that regard.

“In the premises, we look forward to the appropriate formal communication from the government/its relevant agencies on the subject so as to elicit the needed cooperation from our client and set in motion necessary arrangements for what is due and needful in the circumstance, including proper/joint evaluation of the subject property and payment of adequate compensation thereof.

“At any rate, a formal notice/communication on this matter is all the more necessary because both the government and the church are institutions of record with very high responsibility to have and keep proper record and documentation of every event affecting their rights and obligations at any point in time.

“Meanwhile, in order to assist the state to expedite the required process, particularly if the speculated purpose of the land is correct, that is, an integral part of the state’s public transportation/hub, our client has taken the initiative of procuring the services of a firm of estate valuers to assess the property, the open market value of which was put at N140million, as captured in the valuation report attached herewith.”

A university don, Dr Bamidele Seteolu, has said corruption in Nigeria requires a radical, transformative and revolutionary measures to combat.

Seteolu, of the Lagos State University, delivered a keynote address during a town hall meeting on “Citizens’ Participation in the Fight Against Corruption in the Judiciary, Education and Electricity Sectors”.

The town hall meeting was organised by the Socio-Economic Rights and Accountability Project (SERAP) in partnership with the MacArthur Foundation.

The lecturer said there should be direct open lines in superintendent bodies such as the Ministry of Education and State Universal Basic Education Boards where people could make complaints and agitations against corruption.

“There should be widespread awareness in the media by creating programmes in which people can communicate in their native dialects on corruption-related issues. These programmes should be avenues to discuss corruption.

“There should be anti-corruption clubs in schools, just as we need to mobilise parents to play effective roles in parent-teachers association meetings and board of governors in schools,” Seteolu said.

According to him, education, judiciary and electricity sectors were not spared of corruption.

He alleged that some vice-chancellors, provosts, principals and headmasters were corrupt and awarded contracts to staff members.

“How can you explain an instance when an administrator claims there are no funds and as a result uses staff pension funds despite knowing the laws on pension reforms,” he said.

The don also said that in some higher institutions, Tertiary Education Trust Fund was not being well utilised.

Seteolu added that pupils and students were being extorted via illegal charges by principals and headmasters.

Seteolu said that the health and judiciary sectors were not different as funds were being demanded for basic services by officials.

Earlier, Dr Seidu Ahmed, Senior Technical Adviser to the Minister of Health, Prof. Osagie Ehanire, said that the Federal Ministry of Health was committed to anti-corruption fight.

“The Ministry of Health is committed to cooperating with stakeholders to fight graft.

“The minister of health has a zero-tolerance for corruption and believes it will strengthen the health system for better service delivery,” he said

By Adebisi Onanuga

Activist lawyer, Femi Falana(SAN) has asked US President, Joseph Biden to prevail on the authorities in Cape Verde to obey the  judgment of the ECOWAS court  which ordered  immediately release of a Venezuelan diplomat, Alex Saab who has been in detention since June 12, last year..

Falana made the request in a letter sent to the US President in Washington DC dated May 17, 2021 and titled  “Human Rights and Rule of Law in Africa”.

Falana who is the lead counsel for the Venezuelan diplomat, argued  that granting the request would attest to his expressed commitment to Human Rights and rule of law.

“Using your leadership position to promote full compliance with the ECOWAS Court judgment would be entirely consistent with your track record and your expressed commitment to respect human rights and the rule of law.

“It would also send a powerful message to other African governments that the United States under your leadership would stand up for human rights and the rule of law.

He drew the attention of President to the fact that in addition to the judgment of the ECOWAS Court which already ordered the immediate release of Saab.

He said the Geneva Public Prosecutor recently stated that there is no evidence whatsoever with which to prosecute Mr. Saab for the offence of money laundering.

“Having regard to the facts and circumstances of this case, I would like to request the Government of the United States to end the apparent pressure mounted on the authorities in Cape Verde to disobey the judgment of the ECOWAS Court and to extradite Mr. Saab.

“ I am also appealing to your administration to demonstrate its readiness to contribute to the promotion of regional integration in Africa in view of “the importance the United States places on universal human rights and the rule of law.”

The letter read in part: “In a judgment delivered on March 15, 2021, the Court of Justice of the Economic Community of West African States (the ECOWAS Court) declared the detention of Mr. Saab illegal, ordered his immediate release from custody and the cessation of the extradition process to the United States.

“Mr. Saabs case is a true test case for your administration to show that it will never support or encourage the habit of governments simply ignoring court orders.

“In this respect, I urge your administration to make clear to the authorities in Cape Verde the importance of respect for human rights and the rule of law by immediately taking effective steps to enforce the ECOWAS Court judgment, and to release Mr. Saab from arbitrary detention.

Read Also: Venezuelan envoy urges ECOWAS Court to halt extradition to U.S.

“The ECOWAS Court has done its job, reaffirming the independence of the judiciary, and reinforcing the important message of access to justice for victims of human rights violations.

“Unfortunately, the authorities in Cape Verde are failing to do their job by ignoring the courts judgment.

“The United State Government under your watch should not support or encourage the impunity, and the efforts by the authorities in Cape Verde to undermine the integrity and authority of the West African human rights court.

“Allowing or encouraging the authorities in Cape Verde to ignore and disobey the ECOWAS Court judgment would not only undermine judicial independence and the rule of law but also lead to a denial of justice for Mr. Saab, and a perpetration of impunity by Cape Verde. Judicial independence is the bedrock of the rule of law.

“International standards such as the United Nations Basic Principles on the Independence of the Judiciary stress that judicial independence is a fundamental requirement in promoting human rights and preserving rule of law. “The United Nations General Assembly in Resolution 65/213 of 1 April 2011 reaffirmed that an independent and impartial judiciary is essential for the protection of human rights, the rule of law, good governance and democracy.

Falana said the Venezulean envoy was arbitrarily detained by the Republic of Cape Verde since  June 12, 2020 at the request of the United States of America, despite the ECOWAS  court judgment ordering his immediate release.

“Mr. President, you have been elected with the aim and hope that the United States will re-assume the political leadership position which it has occupied for many decades until the recent past. In this context, I respectfully ask that as you and your team look around for places to rebuild relationships and in some cases create new bridgeheads, that Africa and the African people feature highly in your roadmap for engagement.

“Mr. President, you have assumed your office with the bold assertion that America is back! Indeed, it is reported that during your recent telephone conversation with the King Salman of Saudi Arabia you affirmed “the importance the United States places on universal human rights and the rule of law.

“ Given your track record, I am confident that you would be true to your words, and that especially in the realm of human rights and respect for the rule of law, Africans and Africas legal institutions can count on your support.

“I am therefore appealing to your Excellency to use your good offices and leadership to review the decision of the United State Government in this matter for the sake of justice, human rights and the rule of law. I urge you to encourage and prevail on the authorities in Cape Verde to obey the court judgment and to immediately release Mr. Saab on the basis of the judgment by West Africas highest human rights court”, he stated.

By Joseph Jibueze

A coalition of 88 civil society and rights organisations has urged the National Assembly to make the constitution gender-friendly and inclusive.

It raised 10 issues that must be considered in the ongoing constitution amendment to make it inclusive.

At a briefing in Lagos by the Executive Director of the Women Advocates Research and Documentation Centre (WARDC) Dr Abiola Akiyode-Afolabi, the coalition, under the EU-UN Spotlight Initiative, said the constitution should adopt a gender-sensitive language.

“The language of the current constitution is largely insensitive and excludes women who constitute half of the population. The word ‘he’ is used 235 times while ‘women’ is referenced only twice.

“The constitution Nigerian women want to see should be inclusive in language and representative,” the coalition said.

It believes the federal character principle under Section 14 (3) should include the needs of women, people with disabilities, ethnic minorities and other vulnerable groups.

The coalition said Chapter 2 of the Constitution should be enforceable.

“What we want is a constitution that enforces the socio-economic rights of all Nigerians, including women and children,” Dr Akiyode-Afolabi said.

The constitution, the coalition said, must guarantee equality in the process of acquiring citizenship.

“Section 26(2) should be amended to confer citizenship by registration to a foreign spouse of a woman just like her male counterpart,” it said.

It added that Section 29 (4b), which provides that any woman who is married shall be deemed to be of full age is “a violation of children’s right and should have no place in the constitution Nigerian women want”.

The coalition said the constitution must uphold the dignity of all persons, protect women from sexual and gender violence, and provide equal rights for men and women in marriage and inheritance.

It wants the constitution to promote women’s political participation and gender equality so that where there is a position being taken by a particular gender, the opposite must be the deputy.

“The constitution women want must provide that no gender shall exceed two-thirds in elective and appointive positions at the three tiers of government.

“We support the clamour for the creation of additional special seats for women, including women with disabilities, and those who are in other vulnerable groups in the federal and state legislative houses to enable equitable participation and inclusion.

“A more sustainable measure is the provision of 35 per cent or two-third provision in the constitution as a temporary rule as done in other African countries like Rwanda, Eritrea and Kenya,” Dr Akiyode-Afolabi said.

By Adebisi Onanuga

The Lagos State Government has reiterated its commitment to provide support for witnesses and victims of crime  during court trials.

Director of Public Prosecutions, (DPP) Mrs Olayinka Adeyemi, gave the assurance to the residents of Odi-Olowo/Ojuwoye community during a sentisation programme held in collaboration with Rule of Law Anti-Corruption Agency (ROLAC) at Odi -Olowo/Ojuwoye LCDA.

Adeyemi explained that the Witness Support Unit, under the Department of Public Prosecutions was established to provide all necessary support ranging from psychosocial,  financial and legal to witnesses especially victims of assaults, defilement, rape, armed robbery amongst others.

She said the unit would also ensure adequate protection for such witnesses through the duration of court trials.

While appreciating the large turn out of Odi-Olowo residents at the sensitisation programme, Adeyemi noted that the  community will be better enlightened on the roles and importance of witnesses and their rights under the law.

The DPP said that without witnesses during court trials, cases may not proceed as expected and this in turn, could lead to unnecessary delay in the dispensation of justice.

She said: “Witnesses play a vital and important role in every case as this will ease the workload of Judges and Counsel thereby  ensuring that judgement is served promptly and appropriately “

She further stated that part of the rights of witnesses is to be regularly informed on the proceedings and status of their cases  while  also educating them on their  obligation.

The Coordinator of the Witness Support Unit, Mrs  Adetutu Oshinusi, added that it is the responsibility of the unit to properly guide witnesses  on how to be credible witnesses  during trials.

Mrs Adetutu, however, implored all would-be witnesses to remain courageous while they provide needed evidence to ensure efficiency in the administration of criminal justice in Lagos State.