The Nation Newspaper

Tag: act

  • Child Right Act to be domesticated in Kaduna

    Kaduna State Governor Nasir El-Rufai has said the Child Rights Act will be domesticated in the state.

    The governor hinted that the amended Child Right Bill was before the House of Assembly for consideration.

    El-Rufai spoke at the weekend when he received some Civil Society Organisations (CSO) at the Government House in Kaduna.

    Addressing reporters after the meeting, El-Rufai said domestication of the Child Right Act becomes imperative following the penalty for child abusers like rapists.

    He noted that the Act, which since 2003 has been a federal law, could not be domesticated in Kaduna due to issues raised by traditional and religious leaders on the specified age for a girl to marry.

  • A second act for judiciary

    It goes without saying that the judiciary is central to the success of the anti-corruption war. To win the war, the judiciary must ensure that corruption cases are speedily disposed and justice dispensed without fear or favour, affection or ill-will. But many believe that the judiciary does not appreciate the enormity of the problem at hand. The judiciary, they claim, does not see the war as one that it should join the larger society in waging.

    Those who talk like this may have a point because of certain developments in the not too distant past. Then the judiciary seemed to have subtly backed those accused of corruption with the way some judges handled the cases before them. They gave judgement which many never believed could emanate from the Bench. The public wondered if it was not the same judiciary that did not bat an eyelid before sentencing small time criminals, such as,  pickpockets and pepper thieves to long term imprisonment that was treating those who stole the nation blind with kid gloves.

    For instance, former Delta State Governor James Ibori was cleared of the charge against him on technical ground by a judge, who held that he should have been tried in Asaba, the capital, and not in Kaduna, where he was docked. His Lordship forgot that corruption, unlike courts, cares less about jurisdiction. Corruption does not also have any shade of colour. What is corruption in Asaba is also corruption in Lagos or any other part of the country for that matter. To throw out a corruption case on the ground of jurisdiction is unfair to Nigerians whose commonwealth many of our leaders have pillaged over the years.

    If our judges are ready to close their eyes to corruption on the ground of jurisdiction, their British counterparts are not ready to do so. They  taught us a big lesson   by sending the same Ibori to jail for the same offence, thereby turning us into a laughing stock in the comity of nations. From also the judiciary, former Governor Lucky Igbinedion walked away with a slap on the wrist for running Edo State like his family empire. He was fined N3 million after being found guilty of corrupt enrichment. The money involved ran into billions of naira. And without breaking a sweat, he dipped his hand into his back pocket and whipped out the fine. Just like that!

    Is that how to fight corruption? Many Nigerians strongly believe that is not how to prosecute the war. They are calling for a proactive judiciary that will treat such cases with the diligence and promptness they deserve. Judges believe they are not to blame for the tardiness in handling corruption cases, claiming that they are only interpreting the law as it is in the statute. But do we have two sets of law – one for the low and another for the mighty? Or a uniform law, which does not recognise status like the scale of justice, which is a blindfolded damsel, wielding a sword? The scale of justice portrays that justice is blind; that it does not know class, but will only do what is just and right, no matter whose ox is gored.

    Many of our judges have not upheld the scale of justice, hence the public clamour for a more vibrant and activist judiciary, which will not compromise under any circumstance. A judiciary that will look corruption in the face and call it by its name and not dress it up in fanciful words or accuse the police and the prosecution of not doing their jobs well before coming to court. In many instances, it was found that some judges hide under such false accusations to throw out cases which otherwise should have gone into trial and convictions secured by the prosecution.

    Corruption will never keep quiet. It will, as Nobel laureate Prof Wole Soyinka said, fight back. And the corrupt will fight with all they have in order to keep all they have stolen. It is for the judiciary to ensure that the corrupt do not enjoy their ill-gotten wealth after leaving office. The place of the court in the anti-graft crusade cannot be wished away as the Nigerian Head of Information Centre of the Inter-Governmental Action Group against Money Laundering in West Africa (GIABA), Mr Timothy Melaye, observed in an interview in this paper on Monday: ‘’If you asked me to return one naira and I returned one naira, there is no court that has said I committed a crime; so it is probable discussion between private or public people. What I would say would be of interest is effective prosecution and securing conviction based on court judgements, then we can now say fine this is a case established by a court’’.

    As we all know, it is only the courts that can convict for any offence. If it were otherwise, there would be less noise today over the judiciary’s handling of corruption cases. President Muhammadu Buhari is so worried that the judiciary is not giving his administration the needed support in fighting corruption that he took his case to the global arena last Sunday during his visit to Addis Ababa for the African Union (AU) Summit. At a town hall meeting with Nigerians living in Ethiopia, the president said: ‘’On the fight against corruption vis-a-vis the judiciary, Nigerians will be right to say that is my main headache for now’’.

    The president was only expressing the popular feeling about the judiciary’s role in the anti-corruption campaign.  But the judiciary may not agree with this popular sentiment, which may be why Chief Justice Mahmud Mohammed on Tuesday in Abuja posited that the three arms of government must come together to fight corruption and related crimes. ‘’Stakeholders in the justice sector’’, he said, ‘’must work in tandem towards a common objective as a chain is only as strong as its weakest link. I believe that if we work in harmony and in sincerity of purpose towards concrete outcomes, then, the efforts that we make will doubtless create a butterfly effect of positive change that is sorely required in the justice sector’’.

    That may be true, but the judiciary remains central to the anti-graft campaign’s success. And it can only discharge this duty honorably if it remains above board in the handling of corruption cases. So far, the people believe it has not lived up to expectation. It is not too late for the judiciary to redeem its image in the next phase of the anti-graft war.

  • Anatomists seek review of Act

    Anatomists have been urged to see themselves as partners in nation building.

    The Commissioner of Police, Dr. Wilson Akhiwu, a pathologist, said this at the Anatomical Society of Nigeria (ASN) 12th Scientific Conference and Annual General Meeting (AGM), at the University of Benin, Benin City.

    In a lecture titled: “The anatomist and forensic anthropology”, Akhiwu said forensic anthropologists and biologists were vital to the country.

    The keynote speaker, Prof. Ayodele B. O. Desalu, who spoke on “The role of anatomist in nation building”, harped on the roles of anatomists in  some sectors, including security, economy, education and healthcare.

    Presentations at the event also urged anatomists to adopt research in their works.

    The presenters called for the  revisitation of the Anatomical Cap Act of 1933, and  broadening of the career options of anatomists to make graduates employable.

    In its communiqué, the group  asked departments of Anatomy to incorporate the following courses in their curricula: Behavioural and Reproductive Biology, Mortuary Science and Funeral Directing, Introduction to Forensic Science, Medical Anthropology and Archeology, Stereology and Biological Morphometry, Basic Histopathology, Sports Science, Aesthetics and Cosmetology and Basic Prosthetics.

    The comunique signed by National President Prof. T. W. Jacks and General Secretary (ASN) Dr. Bernard U. Enaibe, reads: “Following the observed lapses in the  constitution of the association and the ambiguity of the document on certain important issues as tenure and membership of Board of Trustees and Advisory Council, the AGM called for a review of the document (Constitution).

    “The House also directed that the review be in line with the proposed revision of the Anatomical Act of 1933. A five-man committee headed by Prof. M. B. T.  Umar of the University of Jos was set up to act on the mandate by the House.

    “Having observed the anachronistic nature of the Anatomical Act of 1933; an act that has been left buried in the sands of history, the AGM emphasised the need to review it in line with its needs and contemporary issues surrounding the development of Anatomy as a discipline; professionalising and diversifying the subject with the view of enthroning the subject as one of absolute boundlessness in the scheme biomedical, physical and earth sciences. It further directed that such revision should be initiated by the executive council and done through the appropriate channel- the National Assembly.’’

    It continued: “The AGM was informed of the ill-advised directive from the Medical and Dental Council of Nigeria (MDCN) to Vice-Chancellors to employ only appropriate medically qualified teachers to teach medical/dental students by 2019. However, the AGM was also informed that the Association of Vice-Chancellors of Nigerian Universities (AVCNU) has rejected the directive in its entirety because it runs contrary to global best practices, which encourage multi-disciplinary approach to research for innovative discoveries across disciplines. As a result, the House called for unity and peaceful coexistence for inter-professional capacity building between the two backgrounds of Anatomy teachers in Nigeria.

    Professor Blessing Chimezie Didia, the immediate past president of the association and the guest of honour on the occasion, was conferred with an honour “for exemplary leadership’’.

    They pledged to professionalise Anatomy  and reposition it for productivity.

  • Content Act: Matters arising

    Content Act: Matters arising

    The passing into law of the Nigerian Oil and Gas Industry Content Develop-ment Act (“the Act”) in 2010 was a welcome development greeted with high hopes from different quarters. Major stakeholders, including local companies and the teeming human resources, look forward to benefitting from the opportunities which the Act creates.

    In simple terms, Nigerian content envisages building the capacity of Nigerians to gainfully participate in the oil and gas industry. The Act provides for many benefits, such as giving  indigenous independent operators ‘first consideration’ in the award of oil blocks, licences ; ten percent price advantage in favour of indigenous companies in bid evaluations, amongst others.

    The Nigerian Content Develop-ment Monitoring Board (NCDMB) is charged with  implementing the provisions of the Act. The implementation effort of the Board has so far been commendable. However, more work is required.

    The erstwhile Minister of Petroleum Resources and former Chairman of the Governing Council of the NCDMB, set short term targets for 2015. The targets include retention of $10 billion out of the $20 billion average annual industry spend, creation of over 30,000 direct employment and training opportunities; development of one or two dockyards and utilisation of dockyards, among others. It, however, remains to be seen whether these targets have been achieved.

    With the recent change in the leadership of the NCDMB, the expectations of the stakeholders are high and reflect a readiness of Nigerians to take over the reins of the industry in earnest. One major expectation is that the “problematic” issue of 50 per cent ownership of equipment by “Nigerian subsidiary” be further clarified. The Board issued a clarification on the provision of the Act in August, 2011.

    However, this issue remains unsettled and local companies have been left disadvantaged. On the face of the Act, the provision applies to  the subsidiaries of International (IOCs) or Multinational companies (MNCs), however, companies that are not subsidiaries of IOCs are expected to comply with the provision.

    This has become a burden to local companies as it is difficult to get for instance, an owner of a drillship worth several millions of dollars, financed by and mortgaged to a consortium of international financiers, to transfer 50 per cent ownership to a Nigerian company for compliance purposes. Was it really the intention of the legislature to prevent Nigerian companies, which are not subsidiaries of IOCs, from winning or executing contracts in Nigeria except they own 50 per cent of the equipment to be utilised for the contract execution?

    The Act made provision for biennial review of the Schedule to the Act by the Minister of Petroleum Resources or the Board with the approval of the Minister, with a view to ensuring a measurable and continuous growth in content in all projects and activities in the industry. It is more than five years since the coming into being of the Act, a review of the Schedule is yet to be seen.

    It is noteworthy that some provisions of the Act require review. For instance, the Act mandates operators to submit succession plans for positions not held by Nigerians and the plan shall provide for Nigerians to understudy each incumbent expatriate for four years after which the position will become Nigerianised. However, such Nigerianised position shall attract the salaries, wages and benefits provided for in the operator’s conditions of service for Nigerian employees.

    This provision (Section 31(2)) seeks to perpetuate the unfair and inequitable dichotomy in the Nigerian oil and gas industry which exists between expatriates and  personnel on the conditions of service.

    Expatriate personnel of the same qualification and experience have better salaries and benefits than their Nigerian counterparts. This is unjustifiable and should not be perpetuated in our own laws. That provision hardly reflects the spirit of content and should therefore be reviewed.

    The Minister was empowered to consult with the relevant arms of government on appropriate fiscal framework and tax incentives for foreign and indigenous companies that establish facilities for carrying out production and manufacturing or for providing goods and services otherwise imported into Nigeria.

    Tax incentives, which would encourage the establishment of such facilities in Nigeria, are yet to be seen. It is without doubt that such tax incentives will attract investment, which will in turn have a positive impact in the economy.

    The Act established the Nigerian Content Development Fund into which one percent of all contracts awarded in the upstream sector of the Nigerian oil and gas industry, is paid. The Board is charged with managing the Fund and the Fund is to be employed for projects, programmes and activities directed at increasing content in the oil and gas industry. It is expected that the Board will come up with transparent policy guidelines for local contractors and companies to access the Fund.

    The amorphous nature in which appraisals, compliance monitoring and implementation of the provisions of the Act are carried out may be counterproductive. A good example is the provision in Section 53 of the Act that mandates that all fabrication and welding activities must be carried out in Nigeria.

    In reality, this cannot be attained instantly. It is clear that operators and contractors will require waivers to carry out some of such activities outside the country. There needs to be clear laid down criteria, guidelines and precedents to deal with such situations.

    The Board is charged with the responsibility for organising public education fora to further the attainment of the goal of developing  content. In furtherance of this obligation, an effective help desk platform should be established to enable stakeholders get answers and clarification in real time, as information is a major key to compliance and effectiveness.

    Nigerian content in the oil and gas industry remains a pacesetter in the Nigerian economy and its success will galvanise its replication in other sectors. It is hoped that the new leadership will rise to the occasion and take Nigerian content to the future envisaged by stakeholders.

     

     

     

     

  • Wanted: Enactment of a Housing Act

    Wanted: Enactment of a Housing Act

    The deficit in housing requirement is  growing at an alarming rate. It stands at  5.8 per cent per year, with its attendant effects on major cities, such as Lagos, Abuja, Kano and Port Harcourt. This has given rise to slum population estimated at about 70 per cent. While some experts and stakeholders insist on an enactment of a “Housing Act” to solve the problem, others say funding is the solution. However, the middle point is that the vicious cycle may just continue unabated if drastic measures are not taken, write MUYIWA LUCAS and JANE CHIJIOKE

    It was not an unusual gathering, considering that it held in the precints of a citadel of learning. It was the inaugural lecture of Prof. Timothy Nubi, a lecturer in the Housing and Urban Regeneration Department of the University of Lagos (UNILAG).

    The theme: “Beyond bricks and mortar” naturally, would elicit interest, especially considering the 17 million estimated deficit being experienced in housing. And when the figures were reeled out, not many agreed less on the urgency of the state of housing in the country.

    “In Nigeria, the slum population is put at 70 per cent with a higher annual growth rate of 4.55 per cent. The widespread development of slums in our towns and cities is a physical manifestation of poverty in its entire ramification. As stagnant water is to mosquitoes, so are slums to criminal activities. Our lack of understanding in this regard has led to government frustration and wrong policy shift to private sector driven provision for basic social needs even when people cannot pay for these services,” began Nubi.

    According to him, in developing countries, the emphasis on private ownership of houses has reduced the importance of government participation even as needs escalate and private sector participation yielding lesser impact than expected. This situation has made access to adequate and affordable housing remain a huge challenge to both dwellers in urban and rural areas.

    Now, to tackle this malaise, the University don said there is a need for the creation of a workable mortgage system to tackle the difficulty of housing provision in the country. This plan, he said, should engage the public sector as against the current system that has left housing in the hands of the private sectors. Besides, government, he explained, should make consistent housing policies based on elements drawn from the developed countries, whose policies have produced massive, positive outcomes, since the early 1930s when such countries have put in place effective mortgage plans.

    “About 60 per cent of the present population of over 167 million lack adequate housing in Nigeria. Current housing deficit is about 16million units. Housing inadequacy is felt more by the less privileged groups (low income earners, the displaced, youth, elderly, physically challenged), even the middle class have started to feel the pain of the acute housing shortage. The current deficiency, in addition to projected demography trends, points to the need for several million housing units to be built across the country in the coming years,” he said.

    Nubi, who reiterated that it is a necessity for government to ensure that every Nigerian is sheltered, believed that a Housing Act should also be passed to make this mandatory. According to him, when this is done, it then becomes compulsory for government to be alive to this responsibility.

    The Act, he canvassed, should specify the age at which a Nigerian can get his own house and the quality of housing. “We have a building code, which should be an important part of the Act; the building code has not become law, but it should be made an important component of the Act,” he canvassed.

    Similarly, the Principal Partner, Kola Akomolede & Co., a firm of estate surveying and valuation, Chief Kola Akomolede, agreed that if enacted, the Housing Act would strengthen the housing sector. This, he argued, is because any government that fails to obey the Act can now be prosecuted.

    This position may be right given that the provisions of the National Housing Fund (NHF), has been flouted many times simply because it is not an Act. The NHF policy, which makes provision for the local and state governments to contribute a certain amount into the housing fund scheme and make workers pay a certain percentage of their salaries into the fund, has not been very effective since it was not passed as an Act like that of taxation.

    “The housing policy is very robust and is so large for every government to execute; if the housing policies and the building code are put together and we are able to back them as a law, when there is violation, it will be addressed in court. And the court will force the government to implement the law; it is a stage in any national development. There must be a law before it can be enforced,” he explained.

    But a former Federal Controller, Federal Ministry of Lands, Housing and Urban Development, Mr. Olayinka Onaeko, saw it differently. He insisted that the country needed more funding than laws to bridge the housing gap.

    “As far as I am concerned, we don’t have problems of laws or statutory problems. The problem with housing is funding and not relevant laws; we have more than enough laws, Acts and policies in the housing sector that are relative to housing provision,” he argued, insisting that the Land Use Act and National Building Code, among others, were all statutory laws for housing.

    Putting another law in place, he argued, is tantamont to duplication, which may not necessarily improve the number of housing units or reduce the deficit in the sector. The major problem for the sector, according to him, is funding, which he said can be resolved by repositioning the Federal Mortgage Bank of Nigeria (FMBN) and other primary mortgage institutions (PMI).

    In planning laws, construction standards, housing finance vehicles, availability of legal, fiscal and physical infrastructure among others, the professor opined that the private sector is heavily dependent on the existence of a public sector for efficient operations, as privatisation might not work if housing funds are left in the hands of profit driven private sectors.

    “The crucial question seems to be ‘can the private sector operate in all housing submarkets?’ Does policy transfer recognise that private sector participation is taken for granted in some submarkets and carefully avoided in others? Is it recognised that policy transfer in housing sub markets fails where the policy allots market function to actors that are neither suitable nor willing to operate in that sub market?”he asked.

    Nubi, while proffering solution to the seeming increase in shortfall in housing, argued that a mass housing provision should be made available. He contended that such step would account for a significant portion of annual Gross Domestic Product (GDP), as it is capable of triggering the creation of micro and small scale businesses in such low income neighborhoods. He added that the desire for home ownership motivates savings, investment and means for generating extra income from rentals.

    Already, the private sector has since begun to key into the provision of mass housing. For instance, a frontline manufacturer of polyurethane prefabricated buildings in Nigeria, Vitapur Nigeria Limited, is seeking partnership with the Federal and state governments to bridge the country’s estimated 17 million units of housing deficit in the country, by constructing mass houses at low cost and high speed.

    “With the enabling environment in place, we are ready to assist in reducing building shortfall in Nigeria. Such an enabling environment will include available policy on land, housing, finance, affordable building materials, appropriate institutional framework and sustainable construction workforce. Government should create a platform for long and short term fund for real estate and establish infrastructure development bank,” Vitapur’s Acting Managing Director, Mr. Akin Oladiran, assured.

    Also a private firm, B. A. M. Projects & Properties has promised to build and deliver 500 assorted affordable housing units in the Federal Capital Territory (FCT). This is part of the Federal Government’s sustained efforts at bridging the huge housing gap in the country. The project located at BELHAM Estate in Karsana District near Gwarimpa Housing Estate, is being developed on a 45-hectare of land. The units are: two-bedroom apartments, three-bedroom town houses, three-bedroom luxurious apartments,  four-bedroom detached bungalows and five-bedroom villas.

    Similarly, some states in the country are leaving no stone unturned. For instance, the Ogun State government has unveiled its housing plan that would enable residents, irrespective of their state of origin, to own personal home seamlessly within a short time.

    The Managing Director, Ogun State Property and Investment Corporation (OPIC), the business arm of the state government, Babajide Odusolu, said the scheme is targetted at “career persons in paid employment.”

    The scheme, christened “OPIC Advantage Home Purchase Plan” will make housing not only affordable, but make subscribers move into the home of their choice upon payment of initial 30 per cent of the total cost of the house. This is a “quasi – rent – own house” arrangement where subscriber would be required to pay monthly, quarterly or yearly rent while living inside, but with a mandate to liquidate the full cost of the house in three years. OPIC, in its 25 years of existence, has built 100 housing units.

    Also, to make home ownership less problematic, the mortgage system is becoming more robust. And to make the process easier, especially for people in the informal sector, or those not captured under the National Housing Fund (NHF), the Federal Housing Authority (FHA), through its social and co-operative housing programme, is opening up more windows of opportunities for the people.

  • Wike’s indefensible act

    Wike’s indefensible act

    • Rivers State Governor’s unannounced visits to CJN and rude defence

    The visits by the Governor of Rivers State, Nyesom Wike, to the office of the Chief Justice of Nigeria (CJN), Justice Mahmoud Mohammed, without an appointment, is irresponsible. The reasons he has offered for the visits do not hold water, because he knew that he has a case before the election petition tribunal, and he knows his case could eventually come before the CJN for adjudication. So, was Wike not bothered that his visits could trigger an alarm, that he was seeking an opportunity to compromise the judicial process?

    According to Wike’s media aide, the governor had gone to the CJN’s office to discuss the renewal of the appointment of the state acting chief judge, and the state acting president of the customary court of appeal, before the vacation begins.  He conveniently chose to forget that as a litigant before the courts, his visits could raise a doubt in the minds of his opponents, about the impartiality of the judicial process, of which the CJN is the chief custodian. But for the fact that Wike did not meet the CJN, it would have been reasonable for his opponents in the election petition case to worry whether Wike had compromised the process, using his influence as a sitting governor.

    To make matters worse, Wike chose to make the visit a personal affair, instead of an official visit, which would have seen his protocol officers set up an appointment through the protocol officers of the CJN. Such a process would have made the purpose of his visits clear from the beginning, and so allow the learned jurist an opportunity to accept or decline such inauspicious visits. But for the vigilance of the press, Wike’s clandestine visits, if successful, could have impugned the integrity of the highest judicial official in Nigeria; for it appeared as if Wike was determined to continue his visits to the office of the CJN, until he succeeded.

    For many, it is scandalous that a governor would, unannounced, attempt to badge into the office of another state official. It depicted the governor as unmannered in state protocols. But considering that Wike is a former minister of the country, it beggars belief that he could behave in such a manner, unless of course he had other ulterior motive for his two failed attempts to see the CJN. Wike’s political antecedents may have lent credence to the accusation by his opponents, that he holds nothing sacrosanct.

    It is also important that Wike reins in his media aides, unless he authorised the gibberish which they tried to pass off in their paid adverts, as explanation for his faux pas.

    The attempt to denigrate and impugn the integrity of the reporters who exposed his secret visits should be condemned. If we may ask, did the visits not take place, or did the governor not go to the CJN’s office without official information as to his motives? Or was the governor expecting the reporters not to report that the clandestine visits took place; or is it a lie that Governor Wike’s election is hotly contested by his opponent in the last general elections?

    Going forward, we expect that the governor would not make another attempt to visit the CJN, as long as he has a case pending in court. We also expect that if he insists on another round of visits, the CJN would rebuff him. If the governor wants to communicate with the CJN, he should do so in writing. We also urge the CJN to guard his reputation jealously, in the overall interest of our judicial process, regardless of the desperation of those seeking his attention.

  • Card Reader and the Electoral Act : Any conflict?

    Card Reader and the Electoral Act : Any conflict?

    The need to instill sanity in electoral activities and outcome in Nigeria has made it necessary for us to move from the antediluvian method of voting where crude force and metal violence reign supreme. The unprecedented clamour for change is not devoid of historical necessity as the volume of condemnation that trailed the 2007 general elections only showed that Nigeria as a nation could not be counted among civilised nations democratically.

    It was based on the above that Independent National Electoral Commission (INEC) is required to do everything humanly possible to ensure that we attain electoral transparency that can instill discipline and statesmanship in politicians as for genuine losers to accept defeat and the authentic winners to maintain sobriety in victory. I believe, it is in the light of the above that INEChas introduced the use of Card Reader to determine the genuineness of the identity of voters during accreditation in order to eliminate voting by proxy and associated malpractices.

    Unfortunately, while agents of change have been embracing technological advancements recognised and permitted by law to make electoral justice and sanity prevail, we have been inundated by cacophonous calls from various quarters of those who want to maintain the status quo in which electoral violence and brazen rigging are permitted. They have argued that the use of card reader is not allowed by virtue of Section 52 of the Electoral Act, 2010 (as amended).

    Section 52 of the Electoral Act  2010 as amended provides that:

    • Voting at an election under this Act shall be by open secret ballot.

    •The use of electronic voting machine for the time being is prohibited.

    • A voter on receiving a ballot paper shall mark it in the manner prescribed by the Commission.

    • All ballots at an election under this Act at any polling station shall be deposited in the ballot box in the open view of the public.

    The implication of the above in line with Subsection 2 is that electronic voting is forbidden in Nigeria. The next questions therefore are: what is electronic voting or electronic voting machine? What is a card reader and is electronic voting machine the same thing as a card reader?

    A card reader has been defined as “a data input device that reads data from a card-shaped storage medium…. Modern card readers are electronic devices that can read plastic cards with either a barcode, magnetic strip, computer chip or another storage medium.”

    See https://en.wikipedia.org/wiki/card_reader

    On the other hand, “electronic voting or e-voting refers to both the electronic means of casting a vote and the electronic means of tabulating votes…. This can include punch card systems, optical scan voting systems, Direct-Recording Electronic (DRE) and Internet voting.” See http://www.sourcewatch.org/index.phptitle=electronic_voting.

    Electronic voting machine can then be described as a device or machine by which electronic vote can be cast without the use of ballot papers. Examples of such machines are punch card systems, optical scan voting systems DRE and Internet voting.

    From the foregoing, it is apparent that the electronic voting machine and the card reader are two different devices that are not necessarily deployed together for all purposes. The further import of which is that electronic voting or the use of electronic voting machine for voting is not the same thing as using the card reader to determine the identity of voters in the process of accreditation of voters. What Section 52(2) prohibits as indicated earlier is the use of electronic voting machine but  not the use of card reader for accreditation of voters and that is where it stops. Thus, for all intent and purposes, a card reader simply verifies and authenticates the identity of the voter.

    To further buttress the distinction highlighted above, a card reader is not an electronic voting machine but is a machine to be used for accreditation of voters only before the actual voting. A distinguishing factor is that in electronic voting, ballot papers are not used and cannot be used, but the forthcoming 2015 general elections are ballot paper-based. The use of card reader for the purpose of accreditation hastens the process as accreditation of a voter does not take more than a few seconds. The use of the card reader is based on the use of the Permanent Voter Cards (PVCs) of which fake and purloined PVCs can be easily detected, and this will assist in preventing certain electoral malpractices and assist in ensuring free, fair, credible and peaceful elections across the country.

    It should be noted that none of the above-mentioned methods or technologies by which e-voting can be done is being deployed by INEC for the purpose of voting during the 2015 general elections. The implication therefore is that INEC is not engaging in electronic voting which is what Section 52(2) of the Electoral Act 2010 actually prohibits. The law is that what is not prohibited is permitted. According to the Court of Appeal in Ojo Bolarinwa Theophilous v. Federal Republic of Nigeria (2012) LPELR-9846 (CA),

    The basic canon of interpretation or construction of statutory provisions remains that what is not expressly prohibited by a statute is impliedly permitted.

    Thus, since the use of card reader for the purpose of accreditation of voters is not prohibited by the Electoral Act, same is definitely permitted.

    Furthermore, accreditation of voters is not the same thing as casting of vote as a person may be accredited without presenting himself to vote. The difference between accreditation and voting is underscored by Section 49(1) and (2) of the Electoral Act 2010.

    Section 49 (1)  states that a person intending to vote with his voter’s card, shall present himself to a Presiding Officer at the polling unit in the constituency in which his name is registered with his voter’s card.

    Section 49(2) states that the Presiding Officer shall, on being satisfied that the name of the person is on the register of voters, issue him a ballot paper and indicate on the Voter Register that the person has voted.

    The meaning of the above is that the process of presenting oneself to a presiding officer with one’s voter’s card and the process of checking of a voter’s name on the voter’s register including the ticking of the name constitute what is referred to as accreditation. In order to separate accreditation from actual voting, the INEC Guidelines and Manual for Election Officials provides that accreditation shall hold between 8.00 am and 1pm or such time as the last person on the queue finishes while , voting commences at 1.30pm or so soon thereafter when accreditation must have been completed till the last person concludes.

    It is hoped that the elements stuck to the past would liberate themselves from the twigs of yesteryears and allow this commendable step aimed at fixing our electoral troubles.

    Dr. Banire is National Legal Adviser,

    All Progressives Congress (APC)

  • A governor’s last seasonal act

    A governor’s last seasonal act

    Lagos State Governor, Babatunde Raji Fashola (SAN) last Sunday hosted the yearly Thanksgiving Service at the Open Grounds of the Lagos House at Alausa, Ikeja. It is the last time he will be doing so as governor as his eight-year tenure ends on May 29. The event attracted A list personalities, writes MIRIAM EKENE-OKORO

    It was his valedictory yearly Thanksgiving Service as governor of Lagos State. Last Sunday, Governor Babatunde Raji Fashola (SAN) was in his element as he hosted the colourful event on the open grounds of the Lagos House at Alausa, Ikeja. The event attracted Politicians, Christian leaders and captains of industry.

    Among those in attendance  were the All Progressives Congress (APC)  presidential candidate, Muhammadu Buhari, his running mate, Prof Yemi Osinbajo (SAN), and APC governorship candidate Akinwunmi Ambode.

    Guests began to file into the large field at 3pm.

    The background decorations, showcasing the predominant colours of the state caught guests’ attention, as they walked in.

    The entrance of Governor,  Fashola, his deputy, Princess Adejoke Orelope-Adefulire, Redeemed Christian Church of God (RCCG) General Overseer, Pastor Enoch Adeboye, his wife, Folu and other top dignitaries about 4.30pm signalled the start of the service.

    It began with an opening prayer by Rev Ephriam Ademowo; it was followed by praise and worship by one of the invited artistes.

    The 15-minute praise and worship ignited the atmosphere as guests danced and gave thanks to God.

    Governor Fashola flowed with the mood. In his welcome address, he tested his vocal skills as he sang a song in “Yoruba titled Oye ka dupe meaning ‘we must give thanks, to the admiration of guests.

    He also noted the excitement of some dignitaries, particularly former Commissioner for Women Affairs and APC Women Leader Mrs Kemi Nelson, who danced to her heart’s content.

    Fashola was nostalgic, recalling when the first service was held during the administration of his predecessor.

    “I can see some of the people here  today who were with us then when the first thanksgiving service under the administration of my predecessor was held. And it gives me joy to see that we have continued with this trend.

    “It was just like yesterday that we all gathered here on January 5, 2014 to give thanks in an annual tradition that has now survived one and a half decades.

    “Today, 364 days after, when girls have disappeared without trace, bombs have exploded in mindless orgies of violence. Nigerian towns and villages have been sacked. Our brothers and sisters have been displaced from their homes. Young children have died in stampedes while looking for jobs.

    “Some of our brothers and sisters in the military have lost their lives while trying to defend you and I and the Fatherland.

    “I ask you all what else we can do than to give thanks, express our gratitude and praise God for surviving.

    “We are alive not because we are better, we are alive because of grace and mercy, and we must never take it for granted.”

    He said there were many things to be thankful to God for in 2014, adding that our appreciation must be reflected in our gratitude.

    Governor Fashola said while some parts of West Africa today, are battling the deadly Ebola Virus disease, God gave the state victory over the disease.

    “These countries are smaller than Lagos, Lagos is in fact bigger than many of them combined.

    “Yet the same virus afflicted us, we sadly lost 13 lives, but today we are not under lock down.

    “We can sit side-by-side, we can shake hands and we can move freely.

    “Again there was grace, there was a coming together across ethnic, religious and government levels to address a common problem.

    “This lesson is important for all of us to remember in 2015.”

    In his sermon titled: ‘Jesus the Truth’, Pastor Adeboye charged the congregation to recognise that God is greater than any challenge that might confront them in the year.

    He enjoined Nigerians to embrace God and ask for His mercies, adding that it is the only way to ensure continued peace and harmony in the face of societal ills.

    He prayed for the continued peace and unity of Nigeria particularly the conduct of next month’s elections Pastor Adeboye urged the Almighty God to grant the nation the grace to conduct peaceful elections that would produce credible leaders.  Wife of the governor Dame Emmanuella Abimbola Fashola, Mrs Orelope-Adefulire, the Chief Judge, Justice Olufunmilayo Atilade and wife of the House of Assembly Speaker, Mrs Mayowa Ikuforiji read some Bible passages.

    Special prayers were said for the Governor and his family, Lagos State Government, civil servants, local governments and legislature, security services, children and youths and for peace to reign during the elections.

    Musical performance by the RCCG and DayStar Christian Centre mass choirs added colour to the service.

    Others present were some members of the State Executive Council, including the Commissioner for Budget and Economic Planning, Mr. Ben Akabueze; former governors of the State, Brig. Gen. Mobolaji Johnson; Alhaji Lateef Jakande and Rear Admiral Ndubuisi Kanu, Rivers State Governor Rotimi Amaechi, APC Chairman, John Odigie-Oyegun, APC National Publicity Secretary, Lai Mohamed.

    General Overseer of The Redeemed Evangelical Mission  (TREM), Bishop Mike Okonkwo; Most Reverend Samuel Chukwuemeka Kalu; Mrs Mercy Ezekiel.

  • ‘I want to act in movies,’ says BBA’s Tayo

    ‘I want to act in movies,’ says BBA’s Tayo

    Nigeria’s representative in the just-concluded Big Brother Hotshots was in Lagos recently. Fielding questions from journalists, the model, who came second place in the reality show, said the love he is getting from fans is enough victory. VICTOR AKANDE was there. 

    WHAT is this rumour about Warri billionaire, Ayiri Emami, compensating you with USD350, 000?

    (Laughs) You just went straight to the money aspect. I do not have an answer for that yet, but very soon, there will be a confirmation.

    Now that the show is over, what is the next thing for you?

    Television has always been my home. I will love to stay around and still be able to entertain people, Africa and the world. I would say I am an element of entertainment and I want to give the best of my ability to the world. I will like to thank every Nigerian that has supported me and shown me love, I really appreciate it.

    While in the house, you were so concerned about the disparity among housemates from different regions of Africa, does this confirm your fears now, especially after losing the USD 300,000 prize money?

    While in the house, I kept telling people not to watch the show on sentiments. I wanted a situation where people wouldn’t vote based on East, West or Southern Africa but on the basis of our individual personality. However, since I came out of the house, I haven’t met one person who told me that I am not the winner. There is a Yoruba adage that says, when you go out looking for money, and you find honour on your way, you will need to go back home because even if you get the money, honour is what you will use it to buy. Since I got back home, every Nigerian has been proud of me, so I am a winner.

    If you had another chance to go back to the Big Brother house, what would you do differently?

    When I got into the house, the song I wanted to perform first at the opening was Dbanj’s song, On top of the word. One of my favourite punch lines from the song was, “looking back now, there’s no regret, looking forward, there’s no regret, I wouldn’t change a thing, even if I could, I’m stronger now…” There is nothing I would have changed. I did my best, I was myself, maybe sometimes I made a few mistakes, and there is no perfect person in this world. I made my mistake, but I fixed them and made sure I did not repeat them. So, I would say there is nothing to change about what I did in the house.

    What is your relationship with supermodel, Tamar?

    If you go on Facebook, Instagram or ask any model in South Africa, they will tell you that, as professional models from Nigeria, we see ourselves as siblings, and we have been relating like that for years. I have been in South Africa since 2008; Tamar cooks for us and treats all of us like brothers and sisters.

    So I will say Tamar is like my sister and she has proved it over the years, same way that I have proved to be her brother. I have a woman who has a son for me and she is in my house right now, and she has no problem with my intimacy with Tamar. And right now, I have decided to make her my manager because she is someone who can handle someone like me.

    Your passion for Yoruba language and culture was obvious while in the house; have you thought of acting in the Yoruba film industry?

    I am a Yoruba man, I can speak it anywhere and anytime. I am very comfortable speaking my dialect. One of the movie producers that I have been looking forward to work with, is Kunle Afolayan and I fell in love with him when he played the role of Aresejabata in Saworoide. He speaks Yoruba in the movie and today, he is one of the respected men in the film industry. I want to act movies; in fact I would even act Hausa if they teach me. But you could also see me act English movies with Desmond Elliot, Ramsey Nouah and many others, so I am not limited to speaking Yoruba alone.

    You are based in South Africa; do you intend to return to Nigeria any time soon?

    Nigeria is my home. Last year, I came to Nigeria for four months; I’m trying to relocate to Nigeria. I came back home to hustle and asked what I could do to establish me, but it did not work out. But I’m back home now, and I have a brand and I can beat my chest that my people are ready to welcome me, and for your information, I already have somewhere in Lekki.

    When Idris was declared winner of Big Brother Hotshots, what was the first thing that went through your mind?

    You see, when we were all in school, we all knew who the best students in the class were, and when someone who was the best student scored 70, we would say, haba, this person should score like 90.  Idris himself knows I won, but he only got the money. When we got on stage and were shown the highlights, I saw myself and I was laughing. In fact, everybody was entertained. The way people cheered when they heard my name assured me that I was winning already, so when Idris’s name was mentioned, I was shocked. For a while, I thought IK, the show’s host, was joking with me.

    Like Uti made a return trip to the house back then, would you mind to go back to the house if the opportunity arises?

    Did Uti come as far as I came the first time? No, he didn’t. I don’t think Uti got as much love as I got the first time either. But I wouldn’t want to go back in there. When I was doing an interview in South Africa, one of the officials tried to mention it, but I said no, I don’t have three months to sacrifice anymore.

    Do you think you were cheated?

    Well, yes. But I don’t feel it anymore because people are not allowing me to feel it. It got to a point that the show became regional. Getting on the internet, a lady had commented on a Facebook page commending Lilian’s picture, but she added that she would never vote for West Africa again, so it wasn’t against Nigeria, it was against West Africa. While in the house, Ella of Uganda and Franklin from Rwanda used to plead to East Africa to vote for them, and they would tell me to forget the game, since West Africa has won before, so I started fighting against it.

    I started campaigning during my diary sessions with Big Brother, telling people to vote for facts and not region. I said this at a press conference in South Africa that when we are abroad, we say we are all Africans, but when we are in Africa, we start to say we are East Africans or Southern Africans; we should all be united. It means people are not loyal to the game, they were just voting for their citizens and not for who entertained them the most.

    Who cheated you, the Southern Africans, Eastern Africans who voted based on sentiments, or the organisers of the show.

    I have expressed it the best way I could, but as I said, I am not sitting on that anymore. My future is bright.

    You became very emotional towards the end of the show, complaining and drinking. What was the reason for this?

    Did you see that they urinated in my bottle of drink? How can I be happy with people like that? I told Big Brother that the people I was with in the house during the last few days were the actual people against me.

    At a point, I just kept to myself and sat down in one corner because I did not want to disgrace my own country. Big Brother used to say that if you are not in the house, you cannot understand how it feels. People were seeing psychologists every week, but I didn’t see any. Big Brother asked me if the last week in the house could jeopardise my winning the mega prize and that’s why you are watching yourself. And I said to him, I was sorry if I was being selfish by protecting my image and chances of winning, but that I wanted him to know that my best interest was entertaining Africa all the time, so I would go out there and play with everybody, but if they frustrate me or try to start a fight, I would want Africa to agree with me that it wasn’t my fault. Immediately I got out of the house, I implored them to let us all come together, joke together and be united.

     Did Uti influence your interest in the show?

    No, he didn’t. I came to Nigeria for the audition because I wanted to take part in the show. Actually, the first Big Brother audition I went for was in 2009 and I have been trying my luck since then.

  • ‘Jonathan must act within law’

    ‘Jonathan must act within law’

    The Nigeria Leagues of Democrats (NLD) has charged President Goodluck Jonathan to stop all acts of impunity against the opposition in the build up to 2015 elections.

    At a conference in Lagos, the National Coordinator of NLD Otunba Omoniyi Adebanjo said the misuse of power by the Federal Government is frightening, noting that it will truncate democracy.

    He warned President Jonathan of the dire consequence of withdrawing the security details of the Speaker, House of Representatives, Rt. Hon. Aminu Tambuwal.

    He added that the level of insecurity in the country is already a burden on government and should not embark on any undemocratic journey in order not to escalate the situation.

    He said: “The Presidency should as a matter of urgency restore the security details of the Speaker of the House that was withdrawn in commando-like manner.

    “The implication is that the number four citizen of the country is exposed to danger, his life is not secure and, if anything untoward happens to him, we will hold the government responsible.”

    Adebanjo maintained that government should not do anything undemocratic to heat the polity, stressing that Nigerians were warming up to elect credible democrats who will save the country in 2015.