Category: Law

By Adebisi Onanuga

 

Eighty-nine men reported cases of domestic violence against their wives between 2020 and the first quarter of 2021, the Lagos State Government has said.

However, 664 women experienced domestic violence from their husbands within the period under review.

The men said they were battered and subjected to various degrees of violence by their wives.

The Commissioner for Women Affairs and Poverty Alleviation (WAPA), Mrs. Cecilia Bolaji Dada, stated this at a ministerial briefing to mark the second year of Governor Babajide Sanwo-Olu in office, held at Bagauda Kalto Press Centre, Alausa Secretariat, Ikeja.

According to Mrs. Bada, 46 men reported at the ministry that their wives violated them in 2020.

She said 43 men reported battering by their wives  in the first quarter of 2021, bringing the total number of domestic violence cases against women to 89 in less than two years.

She said the figure represented only cases reported to WAPA and that some cases may have been reported directly to the Ministry of Justice and police station which the ministry might not be aware of.

Mrs. Dada disclosed that 664 women were beaten  by their spouses in Lagos and that the cases were reported at WAPA.

Read Also: Feminism gave rise to domestic violence, says Pete Edochie

 

Giving a breakdown, the commissioner said 378 women were violated by their husbands in 2020, while 286 women were battered by their husbands in the first quarter of 2021.

She said that empowerment initiatives and poverty alleviation programmes of the ministry impacted the lives of over 48,000 residents of the state in the last two years.

Mrs Dada disclosed plans by WAPA to commence exposing its trainees to the use of technology.

She told the women  that her ministry would also enlighten women on newer practices in vocational training, considering the effects of COVID-19 and the need to adapt to the new normal within the digital space.

She said: “In view of this, there will be a training of 500 women on entrepreneurial and digital marketing techniques come June 2021, as part of plans to mark this year’s International Widows Day.

“In addition, WAPA is equally expanding the scope of activities with a view to creating more avenues for our women to leverage on a professional platform.

“That is why 5,780 participants were incorporated into our Mega Empowerment initiative so that through their productivity, they can also contribute to the increase in GDP of Lagos State”, she added.

 

The Presidency’s claim that some ‘disgruntled elements’ are plotting to destabilise the country to force a leadership change has unsettled many. This followed a remark by a Senior Advocate of Nigeria, Robert Clarke, that the military should take-over to save the country from disintegration. But lawyers tell ADEBISI ONANUGA that the  challenges in the country notwithstanding, forcible removal of the government is a bad idea.

 

Last Tuesday, the Presidency raised the alarm over an alleged  plot to unlawfully topple President Muhammadu Buhari-led government. Presidential spokesman Femi Adesina said in a statement that the intention of the plot, “championed by some disgruntled religious and past political leaders, was to eventually throw the country into a tailspin, which would compel a forceful and undemocratic change of leadership.”

Adesina said it involved wreaking havoc on the government, sovereignty and corporate existence of the country by recruiting the leadership of some ethnic groups and politicians to pass a vote of no confidence on the Buhari administration.

According to him, the intention is to eventually throw the country into a tailspin, which will compel a forcible and undemocratic change of leadership.

“The agent provocateurs hope to achieve this through artifice and sleight of hand, what they failed to do through the ballot box in the 2019 elections.

“Nigerians have opted for democratic rule, and the only accepted way to change a democratically elected government is through elections, which hold at prescribed times in the country.

“Any other way is patently illegal and even treasonable. Of course, such will attract the necessary consequences.

“These discredited individuals and groups are also in cahoots with external forces to cause maximum damage in their own country.

“But the Presidency, already vested with mandate and authority by Nigerians till 2023, pledges to keep the country together, even if some unruly feathers would be ruffled in the process”, the statement said.

What the DSS said

Adesina did not name any of the alleged planners but his statement referenced another of May 2, by the State Security Service (SSS, also called DSS).

In that statement, the DSS warned “misguided elements” who were threatening Nigeria’s unity and peaceful co-existence to desist from doing so.

Its spokesman, Peter Afunanya, said that, henceforth, the service would no longer tolerate those whose aim was to “throw the country into anarchy.”

Afunanya said among those threatening the Federal Government and Nigeria’s unity were “some religious and past political leaders who have either called for a forceful change of government or mass action against it.”

He added: “They are reminded that even though democracy offers free speech, it does not give room to reckless pronouncements capable of undermining security. It is instructive to note that the ballot box remains the vehicle of change in a democracy.

“In this regard, self-centred individuals and groups are warned to stop engaging in acts inimical to the peace and sovereignty of this nation. In the same manner, influential personalities should be sensitive to emerging situations and guard against divisive and inciting utterances that may cause a breakdown of law and order.”

The DSS statement came amid the sustained calls for Nigeria’s breakup from both the proponents of a Biafran government and other aggrieved citizens and organisations.

Defence Headquarters (DHQ) warning against coup

Similarly, the Defence Headquarters (DHQ) dissociated itself from the call for military’s intervention in the polity.

The statement by its spokesperson, Onyema Nwachukwu, followed a call by a senior lawyer for the military to take over the country.

“Let it be stated categorically that the Armed Forces of Nigeria remain fully committed to the present administration and all associated democratic institutions. We shall continue to remain apolitical, subordinate to the civil authority, firmly loyal to the President, Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, President Muhammadu Buhari and the 1999 Constitution as Amended,” Nwachukwu, a Brigadier-General, said.

He pledged that the military would continue to discharge its constitutional responsibilities professionally, especially in protecting the country’s democracy, territorial integrity, and protection of citizens’ lives and properties.

He added: “The military high command wishes to use this opportunity to warn misguided politicians who nurse the inordinate ambition to rule this country outside the ballot box to banish such thoughts as the military under the current leadership remain resolute in the defence of Nigeria’s democracy and its growth.

“We also wish to remind all military personnel that it is treasonable to even contemplate this illegality. The full wrath of the law will be brought to bear on any personnel found to collude with people having such agenda. The current security challenges are not insurmountable. The Armed Forces of Nigeria, in partnership with other security agencies, are working assiduously to ameliorate the challenge. Nigeria will know peace again.”

Controversial interview

The DSS and the military’s alarm followed an interview on Channels Television’s ‘Sunday Politics’ programme which featured Senior Advocate of Nigeria (SAN) Robert Clarke. Clarke, during the interview, asked President Muhammadu Buhari to hand over the government to the military temporarily in order to solve the country’s security and economic dilemma.

According to him, the military should take over the government temporarily and get Nigeria back to six states.

Clarke said Buhari, under the 1999 Constitution, as amended, has the powers to delegate all his powers to the military which would be charged with the task of taking the country back to when Nigeria was divided into six states.

The lawyer argued that Nigeria was on the verge of collapse.

He said: “Nigeria has to be changed and the only way to change it is to create a state that will make the 1999 Constitution ungovernable for its existence.

“We want a state of emergency to be created in Nigeria today. As it is today, the President, who is the Commander-in-Chief has the powers to delegate all his powers to the chief of defence staff.”

Clarke urged the President to tell the senate, House of Representatives, governors and House of Assembly speakers that a state of emergency has been created in Nigeria, which would mean that all governors and legislators must go.

“Then the military will now set up what we call the six geographical zones. Let us start on that and allow military governance over these states.

“Reduce Nigeria to six states and I can assure you the day Nigeria is reduced to six states and there’s a state of emergency, 80 percent of the money spent on governance will return to the treasury.

“Nobody is going to stop banditry in Nigeria today because it is a lucrative business. Look at what is happening in the Eastern region now, it’s no longer banditry. It’s becoming a civil war.” Clarke added.

CAN: We are not involved

Nigeria’s main religious bodies distanced themselves from the allegation.

While the Christian Association of Nigeria (CAN) rejected the inclusion of religious leaders among those plotting against the government, the Nigeria Supreme Council of Islamic Affairs (NSCIA) called for a probe of the government’s allegation to ascertain and bring the suspected agitators to book.

Pastor Adebayo Oladeji, Special Assistant (Media and Communications) to CAN President Rev. Samson Ayokunle, said the concern of the association was what government was doing to tame banditry, terrorism and kidnapping.

“The killings that we are witnessing, the banditry, the terrorism that we are witnessing are not happening in civilised countries. It is very unfortunate that our government has no answer to the security challenges.

“Nigerians are disappointed with the failure of the government in fixing the security problems. They should use their energy to pursue the criminals around us. The government that gave us the impression as if the criminals are invisible is not the right government.

“The government should wake up from its slumber and chase all these criminals out of the country. The killings we are witnessing are unprecedented. No religious leader is interested in taking over government,” Rev. Oladeji said.

The Sultan of Sokoto Alhaji Sa’ad Abubakar III-led Nigerian Supreme Council for Islamic Affairs (NSCIA) called for proper investigation into the allegation made by the Presidency.

NSCIA Head of Media and Communication, Aselemi Ibrahim, said the statement of the Presidency was lacking in specifics and “I think that the allegation made by the Presidency is not unconnected with the reports by the Department of State Services (DSS). We want to assume that the magnitude of such information we are not privy to.

“What we would love to say is that since they have this information, they should investigate further and if there is anybody that is found wanting, the person or group of people should be diligently prosecuted.”

Disquiet in the polity

Professor of Law, Itse Sagay (SAN), reacting to the claim, noted that Nigerians had the right to criticise the President, but condemned any attempt at illegal power takeover.

“If any activity involves a breach of the law, then it should be dealt with in that manner. They (those behind it) should be brought to justice.”

He urged the security agencies to bring to justice anyone plotting to remove the president undemocratically.

“Anything that creates untidiness in succession to power at that level can cause chaos and anarchy in the country and will result in a lot of bloodshed and death.

“Anyone caught trying to remove the president illegally and clandestinely outside the constitutional provisions deserves a very stern action by the law enforcement agencies.

“Anyone can criticise the president if they feel he is not doing his job effectively, but criticism must not constitute clandestine removal,” he further stated.

Two other Senior Advocates of Nigeria (SAN), Mba Ukweni and Chino Obiagwu, whose views were similar, argued that Nigerians were entitled to exercise their fundamental right to freedom of expression under Section 143 of the Constitution.

“It is not correct to say that the only way to remove the president is by voting him out of office. There is an impeachment procedure.

“The Constitution in its wisdom has made provisions for the removal of a president from office.

“Section 143 of the Constitution stipulates the procedure for the removal of the president or vice president. If the provisions of section 143 are complied with, the president leaves office,” Ukweni said.

He added that the constitutional grounds for removing the president include gross misconduct in the performance of the functions of his office and incapacity to perform those functions.

Obiagwu said: “There is freedom of expression. So, people have a right to express their views about government.

“Whether they’re satisfied or not, they have the right to express their opinion. There’s nothing illegal about it. It is everyone’s constitutional right.”

He wondered why the Presidency was worried about a vote of no confidence, noting that “there is no provision for that,”

“The only way a president can be removed through a vote of no confidence is through impeachment, which only the National Assembly can do.

“The people have a right to call for the impeachment of the president if they think he is not performing well, by rallying their representatives at the National Assembly,” he said.

The way forward

Though a respected and a very senior member of the Bar, pundits are worried that Clarke’s views unsettled many quarters, including the military and religious leaders.

While some saw his ideas as an assault on the country, some said the views of an elderly person fit to be regarded a statesman should be to inspire hope for a strong and a united Nigeria and not set it on fire.

Senior Advocates of Nigeria Mallam Yusuf Ali and Kunle Adegoke agreed that a forcible removal of the president would not be in the country’s best interest, notwithstanding the insecurities and challenges in different parts of the country.

Ali reasoned that there was no smoke without fire and for the Presidency to have raised such an alarm, it must have had facts to back up the allegation. According to him, any form of governance other than a democratically-elected one is unpopular all over the world.

He said: “It has been shown all over the world that there is no alternative to democratic governance. Over and over again, all the countries that have had military rule have never come out of it better, including Nigeria. Something that we have done and didn’t pay us, I don’t think we should go back to such enterprise.

“Nigeria may have difficulties, we may have challenges but we will overcome all these challenges once our leaders are focused in addressing all the negative issues that led to different agitations and conflicts.

“But changing government by force is not the solution. It is going to compound our problems and it could lead to disintegration of Nigeria itself. So, why do we have to prescribe death for a common cold?”

For Adegoke, those championing military intervention are not being reasonable.

He said: “Some have been expressing the sentiments that maybe there would be a Jerry Rawlings that would come and clean the Augean Stable, we don’t have such. What obtained in Ghana in 1978 when Flight Lieutenant Jerry Rawlings came about, such a situation is not obtainable here.

“We have a military that is highly polarised ethnically, religiously and utterly corrupt. How do you expect such a military to now be the unifying factor that would bring the government that would be progressive in nature? Or is it not the military that brought us to where we are today, with all kinds of nonsense they did when they were in government, including the Constitution that they foisted on us, that we are all saying is a fraud and a charade?

“However we are not unaware that the polity is rife with claims and allegations that there might be a coup against the current government. Such feelings, such allegations will definitely gain momentum in a situation where a democratically-elected government is failing in its duties.”

According to Adegoke, apparently, “what is going on in Nigeria today, except we are going to be deceiving ourselves, is that this government is not performing. So the fear that there might be a military coup or what have you is borne out of such sentiments.

“So, if that is the case, it is out rightly irresponsible for us to be calling for military intervention, by whatever means it is going to come. Whatever a civilian government is failing to do, let us address it. Let us confront them, let us challenge them. They are failing with respect to the issue of security and what have you. Everybody is afraid. We are looking for escape route. In a nation where we grew up, with the little status that we have attained, we are now bringing up such issues. It is not proper. So, to that extent, it is a situation that we all should confront. Let us challenge the government.”

He advised the government of President Buhari to buckle up and do the needful.

“We are talking of assassination here and there, invasion of communities by some people and the government is not able to do something tangible about it. Definitely it is the failure of governance that is bringing such irresponsible suggestions of, maybe, military take-over.

“People have forgotten how much we fought for this democratic dispensation before the military was pushed away. During the days of Babangida, during the days of Abacha and all that we went through,” Adegoke said.

He noted that the only procedure for taking over government recognised by the Constitution was through the democratic means.

Adegoke added: “No matter how irresponsible a democratic government could be, it is still much better than a benevolent military dictatorship. So, I would not subscribe to the idea of a military intervention in whatever form. This government should do the needful.

“All the government needs to do is to gird its loins, be ready to perform its functions. Definitely, we can’t go back to the flesh pot of Egypt.”

 

Dr Paul O. Ebiala is the Chairman of the Nigerian Bar Association (NBA) Calabar branch. In this interview with Legal Editor JOHN AUSTIN UNACHUKWU, he shares his views on the challenges that confronted him as the branch chairman, the appointment of a substantive Chief Judge for the State and sundry national issues.

You have been Chairman of the NBA Calabar branch for over one year now. What has the experience been like?

My experience in office can better be described as very exciting, challenging and stressful. Occupying the office of the Chairman of a Branch of the Nigerian Bar Association enables one to see beyond the ordinary. As Chairman, you have the singular opportunity to know your members through and through (their dispositions, their temperament, their attitude, tendencies, etc.); and you must develop the skills to attend to them all on equal basis, and with tact and diplomacy.

How did you manage the challenges of the appointment of a new Chief Judge for Cross River and the payment of magistrates that cropped up in your branch during your tenure?

I must confess, my administration experienced the greatest ‘turbulence’! As you rightly noted, the troubling issues of appointment of a substantive Chief Judge for the State Judiciary and the non-payment of Magistrates for upwards of 27 months coupled with some perceived distasteful and anti-people policies of government requiring the Branch’s comment/position almost threw me into a state of despair; however, fully aware that these issues were state-wide and required the concurrence of the three branches of the NBA  in the state, we, as the branch in the state capital, made bold to state our positions unequivocally without prejudice to the views held by the other two branches. In fact, the issue of the appointment of a substantive Chief Judge particularly polarised the branch.

So, what were your roles in these crises?

My roles in these crises were sincere, dispassionate and unbiased (even though some may hold different views, depending on the side of the divide they belonged).

So far, what is your appraisal of your performance in office?

I am not very good at appraising myself. For me, appraisals are better done by onlookers rather than the actor himself. However, because you have asked, let me take you through a few achievements we recorded as an administration upon assuming office almost two years ago. We had a tradition in the branch whereby every Chairman that came on board ran the Association from his private office; we had a situation, therefore, where the branch office moved from private office to private office every two years. We put a stop to this three months into our administration by providing a well-furnished temporary secretariat with an administrative secretary within the Judiciary Headquarters courtesy of the then Chief Judge of the State,  Justice Michael Edem (Rtd), who made a space available to us on request.

What is the effect of this on lawyers?

Now, we have a place where lawyers step in after court sittings to transact bar businesses. Secondly, the lull that existed before we took over the mantle of leadership has changed to a beehive of activities at the Branch; working through the instrumentality of standing and adhoc committees, the welfare of lawyers is well catered for, monthly meetings were held on schedule until the few months that the Covid-19 pandemic ravaged the world.

What is the position of things now in the branch after the COVID-19 Pandemic?

We have since returned to our regular meetings again. For the first time in a very long time in the Branch, two Bar Weeks were successfully held within our two year tenure. We have recorded a couple of firsts also, namely, we produced a Branch Diary and are producing a Branch Directory for the first time. Through the Elders Committee set up by the administration, three High Court halls were created and furnished to assist in the dispensation of justice to members of the public. Above all, we fostered and maintained a very cordial bar-bench relationship throughout our tenure in office. These are just a few of our achievements.

How cordial is your relationship with the other two branches in the state?

Undoubtedly, my relationship with the Ogoja and Ikom Branches of the Association was (and still is) very cordial. We enjoyed mutual respect from one another, and had regular discussions with a view to finding solutions to problems that bedevilled either the profession or the judicial arm of the state.

The current leadership of the NBA is striving hard to promote the rule of law across the country, how far did you do this during your tenure?

Evidently, we have promoted the rule of law in all our dealings. Whenever the government of the day or any arm of the security agencies deviated from the provisions of the Constitution of the FRN, 1999 or any written law for that matter, we raised the necessary alarm and prevailed on these outfits to follow the rule of law. Where we needed to approach the courts to compel compliance, we did not hesitate.

Recently, Governor Samuel Ortom was attacked where he went to his farm in his State, what is the security implication of this to the country?

The unfortunate attack on Governor Samuel Ortom of Benue State clearly exposed the ‘nakedness’ of our country, Nigeria, with regard to security. If a sitting Governor, with all the security apparatuses at his disposal, could be threatened and humiliated to that extent, then we are living at the mercy of God. Government, whose primary responsibility it is to protect lives and property, has failed woefully in this role; this further supports the call for the establishment of state police.

So, what do you consider to be the solution to this?

This country, as things stand now, needs restructuring in all ramifications (not necessarily a break-up as some seem to be advocating). Our brothers and sisters in the two chambers of the National Assembly must be sincere and committed to their defined roles – to make laws for the good governance of the country. Only they can create state police; only they can institute true federalism; only they can shed the overbearing legislative powers of the federal government vis-à-vis the state powers. These and many more lie in the hands of our lawmakers.

What is your appraisal of the Olumide Akpata-led NBA Administration?

I must, first of all, commend the Olumide Akpata-led administration of the Nigerian Bar Association for the numerous laudable programmes it has introduced and implemented within a very short time. However, there is room for improvement. The Insurance Scheme for lawyers must be pursued vigorously; mentorship is another area the leadership should seriously look into and dedicate itself to; the issues of fake lawyers and commensurate remuneration for lawyers are still staring us in the face, the leadership should not relent in its efforts to change the narratives.

As a member of the NBA Section on Public Interest and Development Law (SPIDEL), what do we expect on the forth coming SPIDEL conference in Ibadan?

The SPIDEL conference billed for Ibadan in May this year promises to be a bang. As a member of the Central Planning Committee and the Finance Sub-Committee, I know that a lot has gone into the planning. The array of Speakers on parade is mind-blowing! The ambience and content are irresistible. I enjoin colleagues to register and take part in the conference, because, of course, every lawyer ought to make public interest a priority.