Tag: Femi Falana (san)

  • Falana to Nigerians: Sue govt. for poor healthcare delivery

    Falana to Nigerians: Sue govt. for poor healthcare delivery

    Lagos lawyer, Femi Falana (SAN) has said Nigerians can sue their governments for failure to provide adequate healthcare delivery.

    He said governments in Nigeria are failing in providing health and security for their citizens. He described the two as inalienable rights of Nigerians.

    According to the rights activist, the Federal Government should henceforth pay the ransom demanded by kidnappers for the release of Nigerians abducted which he said was brought about by failure to secure their lives.

    Falana spoke on Thursday a lecture he delivered at the public presentation of a book on “Financing Universal Health Coverage in Nigeria” held at Afe Babalola University, Ado-Ekiti (ABUAD). The book is written by Dr. Olaofe Ogundipe.

    Falana in his lecture titled: “The Justiciability of Health as a Human Right” insisted that federal and state governments can fund healthcare for all citizens of the country.

    He argued that Section 17 of the Constitution and National Health Act 2014 made it a matter of imperative for government to foot the medical bills of poor Nigerians, regretting that these are not being implemented.

    He said: “I know the defenders of the status quo are going to say that the federal and state governments cannot afford to fund healthcare for all citizens.

    “My answer is that the governments can, if they are prepared to make healthcare for all citizens a priority. This has been demonstrated by Cuba which has for over 50 years funded free healthcare for all her citizens.

    “That country which is ahead of many developed countries in the area of medical services has no oil, gold or diamond.

    “Since it may be argued that the population of Cuba is only 12 million; what of China which has guaranteed affordable healthcare for the teeming population of 1.4 billion people.

    “If we do not want to follow the example of Cuba and China, we can borrow a leaf from other countries which have extended medical services to the poor and disadvantaged people by opting for medical insurance.

    “The federal government has already opted for the latter and has enacted the National Health Insurance Scheme (NHIS) Act. Our duty is to make the law work in the overall interest of the masses of our people.”

    On kidnapping, he said: “Let me say, if I am kidnapped today and I pay ransom to secure my freedom, I will surely take FG to court to refund my money because it is the responsibility of government to secure my life.”

     

  • Falana, activists urge to present cases of right abuses

    Falana, activists urge to present cases of right abuses

    A presidential investigation panel investigating cases of right abuses by the military has urged activist lawyer, Femi Falana (SAN) and other counsels representing Boko Haram suspects to come forward and present their cases before the panel

    The panel was set up by Vice President Yemi Osinbajo (SAN)  to review compliance of the Armed Forces with human rights obligations and rules of engagement.

    Chairman of the nine-man panel, Honorable Justice Biobele  Georgewill also urged counsels handling cases of abuses by soldiers to come before the panel.

    He stated this on the second day of the tribunal hearing holding at the Ikeja high court.

    Justice Georgewill said it is imperative that people in Southwest with allegations against the armed forces should appear before the panel.

    During its sitting Tuesday, the panel heard how a Sergeant with the Nigerian Army killed an okada rider by viciously kicking him in the stomach.

    Led in evidence by a representative of the National Human Rights Commission, Mr Lucas Koyejo, the brother of the deceased, Salihu Mohammad narrated that his brother Abubakar Alhaji died a day after he was brutalized by one Sergeant Taiwo Owoeye of the Nigerian Army.
    According to him, the incident happened on January 27, 2017.

    “According to what I gathered, my late brother picked up a passenger on his motorcycle around Morrocco in Yaba.

    “He parked his motorcycle behind a stationary car, not knowing that there was someone in the car. Suddenly, the car reversed, and my brother beat the boot of the car in order to notify the occupant that there was someone behind him.

    “Sergeant Taiwo Owoeye angrily got down from his car and slapped my brother twice. He thereafter proceeded to kick him several times in the stomach.

    “When onlookers challenged him, he said that there was nothing anybody could do even if my brother dies.

    “My brother thereafter became unconscious and we had to rush him to the military hospital. By that time he had started vomiting blood and other things. He could also not talk.

    “Sadly, he died the next day. We reported the matter at the Panti Police Station where they declined to give us a police report.

    “My brother’s body was not released to us for burial until after four months. When we inquired about the reason for the delay, we were told that the army was trying to conduct an autopsy,” Mohammed said.

    Responding, counsel to the military, Bola Oyebanji said the military has investigated the matter and found the allegation to be true.

    Oyebanji said Sergeant Owoeye has been arrested and detained and will soon be tried for “wilful murder of the okada man, late Abubakar Alhaji.

    Chairman of the panel, Justice Georgewill advised officials of National Human Right Commission (NHRC) to follow up on the report presented by counsel to the military and ensure justice is done in the matter.

    In another development, the panel dismissed a petition by a business man, Okorie Onwuchekwa for illegal arrest and detention.

    Onwuchekwa Tuesday failed to convince the Presidential panel to consider his petition in which he was seeking redress.

    According to Oyebanji, the counsel to the military, Onwuchekwa was arrested sometimes in 2004 on the allegation of importing weapons to bring down a presidential plane.

    Chairman of the panel, Justice Biobele Georgewill declared that the panel cannot hear  his petition on the ground that it does not fall within their mandate.

    He was advised to seek another means other than the panel to seek redress.

    The panel adopted the argument of the counsel to the Military, Bola Oyebanji which opposed hearing of Onwuchekwa’s petition when the matter was raised.

    Oyebanji had told the panel that Onwuchekwa was arrested for alleged treasonably felony 13 years ago and detained and tried along with the former Chief Security Officer to late General Sani Abacha, Major Hamzat Al-Mustapha based on a ruling of a court of competent jurisdiction.

    Based on the submission of the counsel to the military, Justice Georgewill ruled that the issue presented before the panel was beyond the terms of reference of the panel inaugurated on August 11, 2017 by Vice President, Yemi Osinbajo.

    Justice Georgewill said the objectives was to review extant rules of engagement applicable to the armed forces of Nigeria and the extent of compliance.

  • Award of contract: Baru violates NNPC Act, says Falana

    Award of contract: Baru violates NNPC Act, says Falana

    Activist lawyer, Femi Falana (SAN) has said that the defence of the Group Managing Director (GMD), Dr. Maikanti Baru that he has powers to award contracts to the exclusion of the Minister of State in the Ministry of Petroleum Resources and the board of the Nigerian National Petroleum Corporation (NNPC) is illegal and violates the NNPC Act.

    Falana contended that the defence of Dr. Baru failed to take cognizance of the provision of section 6 (c) of the NNPC Act which has vested the Board of the NNPC with the exclusive power to”enter into contracts or partnerships with any company, firm or person which in the opinion of the Corporation will facilitate the discharge of the said duties under this Act.”

    Falana stated this in a statement issued in Lagos Wednesday titled, “NNPC operates outside the law” in reaction to the on-going face-off between the minister and the GMD of the corporation, Dr. Maikanti Baru over the unilateral award of $25 billion contracts contract awards by the latter.

    The lawyer also noted that Dr. Baru failed to respond to the unilateral appointments of key staff in the NNPC without the approval of the Board of Directors pointing out that since this particular allegation was not denied, it is reasonable to conclude that it is admitted by the NNPC management, even though the appointments in question were made in utter violation of the Federal Character Commission Act.

    Notwithstanding the report that the presidency has thrown its weight behind the NNPC GMD in the face off with the Minster of State in the Petroleum Ministry, Falana stressed the need to review the matter within the ambit of the law.

    On the management of the NNPC and contract awards, Falana further argued, “for the avoidance of doubt, section 1 (2) of the NNPC Act states that the affairs of the Corporation shall be conducted by the Board of Directors of the Corporation. Since it is conceded by Dr. Baru that some contracts are subject to the approval of either the Board or the Federal Executive Council he is yet to inform the Nigerian people who approved the $25 billion contracts.

    “It is pertinent to state, without any fear of contradiction that by virtue of section 3 of the NNPC Act the GMD as the chief executive of the Corporation shall be responsible for the execution of the policy of the Corporation and the day to day running of the Corporation’s activities and its associated services. But contrary to the erroneous impression conveyed by the management of the NNPC there is no conflict whatsoever between the provisions of the NNPC Act and the Public Procurement Act, 2007 to justify the usurpation of the powers of the NNPC Board by the Tenders Board of the NNPC headed by the GMD. Therefore, the unilateral award of multi-billion dollar contracts in the NNPC by Dr. Baru or the Tenders Board is illegal, null and void in every material particular.

    “With respect, the totality of Dr. Baru’s defence was anchored on the mistaken belief that the NNPC Act does not require him to report to the Minister of State but to President Buhari in his capacity as the Minister of Petroleum Resources.

    “Dr. Baru must have forgotten that upon the removal of Dr. Kachikwu as the NNPC GMD in 2016, the President appointed him as the Chairman of the reconstituted Board of the NNPC in line with section 3 of the NNPC Act. Therefore, the decision of Dr. Baru to by-pass the Chairman of the Board in the award of the contracts and appointment of NNPC staff cannot be justified either under the NNPC Act”.

    Falana contended, “Since Dr. Kachukwu was not removed as the Chairman of the Board, the President ought not to have encouraged Dr. Baru to treat him and with such pompous disdain and arrogance”.

    He argued that the impression given by Dr Baru that once the President was briefed with respect to the award of the contracts, that due process has been observed in the award of the $25 billion contracts in line with the PPA was misleading.

    He maintained that such position is neither backed by the NNPC Act nor the PPA. He said the competent authorities that have the final say in the award of  contracts and disposal of public assets under the current political dispensation are the Bureau of Public Procurement (BPP) and National Council of Public Procurement (NCPP).

    “The NCPP is not chaired by the President but by the Minister of Finance. The other members of the NCPP include some officials of the federal government and representatives of relevant professional bodies and civil society organizations.

    “Apart from constituting the NCPP and the BPP   the President has not been empowered to approve any contract whatsoever. In fact, there is no reference whatsoever to the Federal Executive Council in the entirety of 61 sections of the PPA. To that extent, the FEC presided over by the President cannot approve the award of contracts which is the exclusive duty of the NCPP and BPP.

    “Although the PPA was enacted in 2007 the President or the Federal Executive Council (FEC) has  been approving multi-billion dollar or naira contracts, albeit illegally.

    The activist lamented that the Buhari administration which has loudly undertaken to fight corruption has ignored calls from many civil society organizations to set up the NCPP.

    He said since neither the President nor the Federal Executive Council is competent  to approve the award of contracts under the PPA the claim of the NNPC GMD that the controversial contracts were approved by the President cannot be justified under the PPA.

    To avoid a situation whereby the $25 billion contracts and others being awarded by the Buhari administration are annulled and set aside on the grounds that they were awarded by either the President or the FEC without any legal authority, Falana counseled President Buhari to constitute the NCPP without any further delay.

    “If this call is ignored, once again, the civil society anti-corruption bodies ought to approach the Federal High Court for a writ of mandamus to compel the President to inaugurate the NCPP”, he said.

    He also noted that apart from breaching the NNPC Act and PPA, the NNPC has conveniently ignored the National Extractive Industries Transparency Initiative Act and has refused to comply with the directive of the NEITI to remit $21.7 billion and N376 billion illegally withheld from the Federation Account.

    Though Dr. Kachukwu recently disclosed that the nation had lost $60 billion due,  he noted that the NNPC has refused  to recover same by implementing the provisions of the Deep Offshore and Inland Basin Production Sharing Contracts Act and instead of directing the NNPC to recover and remit the huge fund  to the Federation Account the Federal Government is busy piling up external loans.

    He also noted that the NNPC does not subject its budgets to the National Assembly for appropriation as stipulated by the Constitution and the Fiscal Responsibility Act.

    H recalled that shortly before proceeding on its annual vacation, the Senate disclosed that the NNPC and 33 other agencies of the federal government had failed to submit their 2017 budget to the National Assembly but that the NNPC management ignored the disclosure knowing that the Senate would not pursue the matter.

    Falana contended that  Dr. Ibe Kachukwu owe it a duty to the country to react to the allegation of the management of the Nigerian National Petroleum Corporation (NNPC) that he engaged in the unilateral award of multi -billion dollar contracts during his tenure as Group Managing Director (GMD).

    He remarked that even if the allegation of the NNPC GMD against the minister is true,  it cannot justify what he described as the reckless impunity that has characterized the management of the affairs of the NNPC since 1999.

    He contended however that the allegations and counter-allegations of Dr. Kachukwu and Dr. Baru over contract awards have reinforced his earlier call on President Mohammadu Buhari to relinquish the post of the Minister of Petroleum Resources and appoint a full-fledged Minister to run and coordinate the affairs on the oil and gas industry in strict compliance with the law.

    He reiterated that the board of the NNPC should also be reconstituted by reducing its present membership from nine back to sixpersons as provided for by section 1(2) of the NNPC Act.

  • SAN disagrees with Falana, insists Chief Judges can’t grant pardon

    SAN disagrees with Falana, insists Chief Judges can’t grant pardon

    The debate over whether or not Chief Judges possess the power to grant pardon to awaiting trial detainees continued yesterday with a Senior Advocate of Nigeria (SAN), Sebastine Hon insisting the Chief Judges cannot legally grant pardon.

    Hon spoke in reaction to argument credited to human rights lawyer, Femi Falana (SAN) to the effect that Chief Judges can grant pardon under the Prisons Act and the Criminal Justice (Release from Custody) (Special Provisions) Act.

    Falana had, in a counter-argument, faulted Hon’s position, which was widely reported in the Media on Monday.

    But, in a detailed analysis Tuesday, Hon insisted on his position, arguing among others, that the laws cited by Falana were unconstitutional.

    Hon said: “For the avoidance of any doubt, section 35(4) of the 1999 Constitution has covered the field on what should be done to any person accused of an offence; and there is no room for any administrative action by the Judiciary.

    “Only judicial actions can lead to the release of detained persons, hence any administrative action, apart from the one in sections 175n and 212 will be directly in conflict with the said section 35(4).

    “Also, sections 175 and 212 of the Constitution have advisedly used the phrase ‘a person concerned with or convicted of an offence.’

    “The phrase ‘concerned with an offence’ is so wide that it has entirely and completely covered the situations contemplated by both the Prisons Act and the Criminal Justice (Release from Custody) (Special Provisions) Act.

    “The Constitution having covered the field, these two Acts are null and void, for attempting to provide for the same release from custody, yet by the administrative action of the Judiciary.

    “Similar arguments were advanced in the US case of Schick vs. Reed, 419 US 256 (1974) at 266.

    In rejecting them, Chief Justice Burger held in emphatic terms that ‘the unbroken practice since 1790 compels the conclusion’ that the power of the US President to grant pardon ‘flows from the Constitution alone, not from any legislative enactments,’ concluding that such presidential powers ‘cannot be modified, abridged, or diminished by the Congress.’

    “How then can the Nigerian National Assembly decimate or abridge this power, just because of Item 48 on the Exclusive Legislative List?

    “If Chief Judges are permitted to release persons from custody, what is the legal implication of that action? Do the detainees get the reprieve of pardon that only the President or the Governor can grant?

    “No! They are merely released, while the charges against them are pending! What then happens to those charges, judging from our Constitution or even the Acts cited by Mr. Falana, SAN? Nothing!

    “But if the President or a Governor grants pardon, section 36(10) of the Constitution comes in handy to erase the conviction or even accusation (in view of the phrase ‘concerned with an offence in sections 175 and 212).

    “This position was also reached by the Court of Appeal in Falae vs. Obasanjo (No. 2) (1999) 4 NWLR (Pt. 599) 476 at 495.

    “I conclude by restating that the respective Chief Judges, including even the Chief Justice of Nigeria, have no constitutional powers to embark on prison amnesty.

    “Such amnesties, including the power of the Attorneys-General to enter nolle prosequi, are deliberately left by the framers of the Constitution in the hands of politicians, to avoid the sacredness of the Judiciary being muddied or messed up with, by permitting judicial officers, through administrative actions, to order the release of politically-exposed persons from criminal prosecution,” Hon said.

     

  • Ex-Sierra Leone VP seeks reinstatement by ECOWAS Court

    Ex-Sierra Leone VP seeks reinstatement by ECOWAS Court

    Former Vice President of Sierra Leone, Samuel Sam-Sumana was in Nigeria in continuation of his legal battle before the Community Court of Economic Community of West African States (ECOWAS Court) for reinstatement.

    Sam-Sumana is before the ECOWAS Court to challenge his purported sack, on March 17, 2015 by Sierra Leone’s President, Ernest Bai Koroma on the pretext that he (Sam-Sumana) had been expelled by their party the All Peoples Party (APC).

    Dressed in black suit, Sam-Sumana, who witnessed the about one hour court’s proceedings, was accompanied to court by his wife and some few friends.

    Sam-Sumana’s suit marked: ECW/CCJ/APP/38/16, has the Republic o Sierra Leone as the sole defendant

    His lawyer, Femi Falana (SAN) said Sam-Sumana resorted to the ECOWAS court because his country’s Supreme Court betrayed him when it denied him fair hearing, and that Koroma prevented him from fully exploring the APC’s internal dispute resolution mechanism by replacing him (Sam-Sumana) before the party’s Appeal Committee could issue a verdict.

    Falana, while relaying how his client was illegally sacked by Kororma, said Sam-Sunama  was purportedly expelled by his party (APC) on March 10, 2015, a development the President capitalised on to remove him from office.

    He said before the APC’s Appeal Committee could give its verdict on the appeal by Sam-Sunama against his expulsion, President Bai Kororma appointed a replacement, and has since withdrawn all the privileges, including security, salaries and allowances due to his client.

    Falana said: “He (Sam-Sumana) is saying that his life and that of his family members were threatened when armed soldiers surrounded his house and disarmed his security details.

    “At a point he had to seek protection in the United State Embassy in his country.

    “His right to movement, to earn a living; his right to security, and the right of the electorate, who voted for him and the President on a second term, that will end this September, have been breached by this illegal sack,” Falana said.

    He told the court that when Kororma circumvented the APC’s dispute resolution mechanism, his client went before the country’s highest court, but was also frustrated when the Sierra Leone Supreme Court imposed a lawyer on him.

    Falana said: “His (Sam-Sumana’s) compliant is that he was not given fair hearing by the Supreme Court of Sierra Leone

    “The Supreme Court ordered him to amend the processes he filed in the case he instituted against his illegal sack. He instructed his lawyer to do so, but his lawyer refused.

    “He sacked the lawyer, but the Supreme Court insisted that he must stick with the old lawyer and went ahead to decide the case based on what his sacked lawyer filed.

    “We are saying the Sierra Leone Supreme Court denied our client the right to have a lawyer of his choice. The Supreme Court knew that the lawyer had betrayed our client, but the Supreme Court decided to rely on the papers filed by the same lawyer.

    “The Supreme Court of Sierra Leone also failed to address the core issue raised by our client. We argued that unilateral sack of our client by President Koroma was illegal.

    “We are saying under the Sierra Leone constitution, once a President and Vice President assume office on a joint ticket, the only way to remove any of them is the procedure contained in the constitution.

    “There is no provision in the country’s constitution that the President can simply sack a Vice President from office just because his party has expelled him or he has left the party,” Falana said.

    He relied heavily on the case of Atiku Abubakar v. Attorney General of the Federation (AGF), where the Nigerian Supreme Court said, that Atiku decamped, was not sufficient to warrant his sack, and that the constitutional procedure must be adhered to.

    Falana urged the court to discountenance the objection filed by the Sierra Leone government, challenging the court’s jurisdiction.

    He argued that the defence of res judicata raised by Sierra Leone was not available to it because the country’s Supreme Court merely danced around the issue of whether or not the Vice President’s sack was lawful.

    Falana argued that Sierra Leone cannot argue that the issue has been pronounced upon by its highest court when the court worked injustice against his client, denied him fair hearing by imposing a lawyer on him.

    He urged the court to exercise its jurisdiction to determine the case because it was, under Article 10 of the African Charter on Human and People’s Rights, expected to act once the infringement of the right of ECOWAS’ citizen was established.

    Falana urged the court to grant the reliefs sought by his client, order his reinstatement and the payment of his salaries and allowances.

    Sierra Leone, though filed a defence and an objection, refused to turn up in court. The court was urged to adopt their processes for them and proceed to give judgement.

    A three-man panel, led by Justice Hameye Foune Mahalmadane, has adjourned to November 22, 2017 for judgment. Also on the panel are Justices FridayChijioke Nwoke and Alioune Sall.

     

  • Evans: Jakande landlords commence tenants’ profiling

    Evans: Jakande landlords commence tenants’ profiling

    Following the uncovering of kidnap dens ran by suspected kingpin, Chukwudemeje George Onwuamadike alias Evans, owners of bungalow structures at Jakande Estate, Isolo, Monday commenced profiling of their tenants.

    The landlords, who expressed shock at the revelations by Evans, said they have started issuing forms to their tenants to establish their means of livelihood and other vital information.

    According to residents, they usually saw young men at the bungalow situated at Green Street, which Evans used as detention camp but never suspected anything.

    One Fatai Owolola said: “We never knew that the building was used to keep kidnapped victims. I only saw two young men going in and out of the bungalow without suspecting anything.

    “The only time cars came in there was at night and it would immediately drive out. They took advantage of the quietness of the vicinity to carry out their evil deeds. Everybody goes out in the day time and comes back at night without nosing into other people’s businesses.”

    Another resident, Mrs Chikwendu Odinaka, who said she has been in the neigubourhood for over 10 years, said: “Community leaders of all the bungalow streets have printed out forms to residents. The forms are to know the names and places of work of residents.

    “The affected streets are Brown, Purple, White, Blue, Green, Pink, Silver, Gold and Orange, Blue and White.”
    The Nation gathered that Intelligence Response Team (IRT) operatives, who participated in Evans’ arrest allegedly, looted his house.

    A source, who hinted on the development, said the detectives looted dollars, euros and other expensive household items.
    He said: “Honestly, we got money from the house. There was so much money and men were picking. I cannot say the exact amount of money but what you heard is true.”

    Another policeman, who didn’t go for the operation, lamented, noting that he would have become a millionaire.

    He said: “I was pained because I didn’t follow them. I would have been a millionaire by now. My colleagues who went got hard currencies. You know they won’t declare how much they got but they told us they looted money.”

    Meanwhile, rights activist, Femi Falana (SAN) Monday reiterated his call for adequate police protection and fair trial for Evans.
    Falana faulted the police on the media trial of Evans, calling for thorough investigation on all the leads and persons mentioned by the suspect.

    He said: “The police in collusion with the media, usually violate the rights of the people by conducting media trial. Though some of these cases are sensitive, we must all ensure the suspect does not die in custody.

    “He has named a lot of accomplices, including a traditional ruler/consultant. He has talked about a businessman, who paid him so that he and his family would not be kidnapped.

    “The suspect has said he has three palatial mansions in Ghana. So, there is need for full investigation in this matter. His banks need to be investigated for money laundering and failure to disclose suspicious transactions.

    “The investigation has to be extensive. The media must corporate with the police for Evans to be brought to trial. He should be kept alive to tell his story in court for the benefit of society.”

  • We groom our graduates to be employable – DVC, Babcock University

    We groom our graduates to be employable – DVC, Babcock University

    Undoubtedly one of the frontline private universities in Nigeria, Babcock University, Ilisan, Ogun State, through its operations and forays into ICT revolution and students’ mentorship has remained unrelenting in its drive towards excellence. In this interview with Emorinken Moses, its Deputy Vice Chancellor and College of Health and Medical Sciences provost, Prof. Iheanyi Chukwu Okoro beams more light on the institutions activities, achievements and products.

    Babcock University is one of the few private universities with impressive stories to tell; can you give us a sneak peek into your activities so far?

    Well, as we speak, students have started their exams, one of the things we have going for us is stability. By the grace of God, we have not missed a single day since 1999. And one of the factors responsible for this is the online revolution going on in the institution. Some of our courses are now taken online. Before now, marking, collation, and grading of the scores of students after an examination was an arduous task. You typically would find a lecturer having to mark and grade close to 500 students. However, some of our in-house ingenious staff in the ICT unit developed a software, which is now being used for exams. It was tried last year, and within 30 minutes the exams were concluded and the results came out swiftly.

    This reduced the burden of collation of results for the lecturers. All they now have to do is input the data (scores) and the computer software automatically does the calculations and collation of results instantly.

    Secondly, as a school, we place a premium on the behaviour of our students. We believe that education is more than imbuing academic knowledge to students, but also in the inculcation of ethical and scrupulous behaviours. We train their hearts and make sure that they behave well.

    We have a way of monitoring their behaviour through a tool called the Behavioural Index. We monitor them in their hostels, chapel, class rooms etc. If a student has any infraction or misconduct, he or she is ‘demerited’. Every student has a 60 demerit point; so as a student keeps misbehaving, his or her score reduces. It is like withdrawing from ones account. When you are zero, you go on suspension, and this affects your ‘citizenship grading’. Even if you have a first class, with a zero point of behaviour, you are not graduating because this affects your citizenship rating.

    This form of assessment has also gone online. There is a central coordinating office called the BUMU office (Babcock University Merit Unit). The unit coordinates all the grades from the various points online, and they issue out the grades to the students at the end of a session.

    Can you tell us about the ‘total classroom revolution’ project?

    The Total Classroom Revolution is simply leveraging technology in the deployment of learning and the learning environment. Currently, every classroom in the school has a projector and smart boards. You can also find radio towers at strategic positions within the campus. We intend to have a cloud all over the compound, so that students can access their lectures anywhere they are within the campus. Lecturers can upload courses, and students can refer back to it by downloading it.

    All these congenial educational facilities are powered by electricity. Therefore, the school is investing heavily on a power project called Babcock Power Project, which will supply uninterrupted power round the clock. At first, we wanted to opt for a gas-powered turbine, but because of the huge cost of maintenance, we settled for a power generator that runs for 80,000 hours non-stop…on gas. By implication, it means it can run for 9 years at a stretch.

    Due to the current economic recession in the country, the project has however been stalled a bit; but, with the Naira slowly gaining stature, we hope to push the project further.

    Aside the generating power generator, there are some diesel-powered generators on ground as standby – they can run for 30 hours non-stop.

    All of these efforts are geared towards creating a congenial academic environment for the students and members of staff.

    You have spoken on the importance of behavioural competence of the students; however, focusing on the society as a whole, do you think the Nigerian youths have the right values to lead going into the future?

    To be frank with you, I don’t think we are giving our younger ones good examples. There is a saying where I am from that – ‘When a mother goat is eating the yam, the kid is also looking at the mouth of the mother goat.’ The snake can only give birth to long things like itself. This is the situation of the country now. Until we have a total revolution in the attitudes of minds and behaviours among the older generation (my generation), the concept of examples and mentorship for the younger ones will be a white elephant expenditure. The blame should not always point to the direction of the younger ones. You cannot give what you don’t have. It is my belief that when you have a delinquent child, there are at least two delinquent adults that are propelling such a child. Take for instance examination malpractice; some parents arrange for special centres for their wards; the individual running this centre is a delinquent adult, the parent seeking his or her service is a delinquent adult. Their unethical attitudes can only produce a delinquent child. These acts continue even when the child reaches an institution of higher learning; the child now believes that this is the ideal way to carry on in life. He doesn’t do anything straight anymore because he believes he has to cheat to get things done. However, if the child requests for a special centre and is rebuked instantly by the parent, this leaves an indelible impression on the child.

    My appeal goes to my generation to consider posterity before engaging in acts of malfeasance, corruption, and other related delinquent behaviours.

    This current administration has a mantra – the change begins with me! But it should go beyond rhetorics and advertisement.

    In Babcock, our motto is ‘building leadership through Christian education’. We intend to produce servant-leaders. We continually resound into the consciousness of our students that leadership is about service – it is not what you get from the position, but what you give into that position.

    Here, we have the Babcock University Students Association (BUSA), which is not a student government but an association. We train them on the values that make a complete leader, and the need to be a worthy example. Another important thing about the behaviour of students in Babcock is their responsibility to the environment. If you go round, you will not see a single piece of paper on the ground. When you come to such an environment, you will definitely look stupid to begin to drop wastes on the ground. Our students are well dressed. It is leadership by example – from the management, members of staff, and down to the students.

    Last week, the students had a seminar tagged ‘experience’, which saw the likes of Femi Falana (SAN), Charles Okafor etc. They were on ground to encourage and inspire the graduating students on succeeding. They shared personal experiences about how they became successful in their fields and careers. Also, they enlightened the students about some of the pitfalls they should avoid on their journey to the top.

    There is this assumption that a lot of Nigerian graduates are unemployable. What is your take on this? What is Babcock doing to produce ‘employable’ graduates?

    What makes us stand out is the process of producing our graduates. Regardless of the unemployment in the country, one fact remains that people are consistently being employed. For instance, KPMG, a foremost auditing firm has seen the quality of our students in accounting, and have given us 300 slots for internship every year. From those 300, they will select those that will eventually be employed. Other organisations like ICAN, ACCA, CIMA etc., are partnering with us in Accounting. In computer, the computer professional registration body in Nigeria has named Babcock a centre for excellence in training because they have seen our products. It is the same for other programmes. Also, we have been the overall best in the Nigerian Law School for two years now. That speaks volumes about the quality of our products.

    Students evaluate the lecturers – contents, methods etc., while the lecturers in turn evaluate the students. If a student fails to meet up with 75% of attendance, he or she has failed automatically – it is called “Failure due to absence” (FA).

    When students are graduating they go through a finishing school to prepare them for the labour market. Issues on how to sit at an interview, how to write a CV etc., are considered. The highlight of the programme is usually a job fair where organisations come and interview students live, and possibly recruit them on the spot.

    Finally, we have a centre for entrepreneurial studies that teaches the students all kinds of arts and craft – theory and practical.

    My worry about ‘unemployability’ also bothers on the incessant strikes that used to be preponderant in federal and state-owned schools, which is reducing gradually. This usually affects the quality of content that the lectures give as a result of rushing to meet up with the semester.

    What is the state of Babcock’s Cardiac Centre?

    We have partnered with Tristate Cardiovascular Associates from Delaware in the U.S. It is a team of experts that brings together solution to heart diseases through the collective competence of top intervention cardiologists, cardiothoracic surgeons and radiologists.

    We have developed a state-of-the-art cardiac centre, which is currently the only permanently run cardiac centre in the country today. Other centres may occasional invite surgeons from abroad to come and perform one or two heart surgeries and then go back to their country. However, our surgeons are permanently resident in the institution. The centre, which started in October 2015 have performed almost a hundred heart surgeries, and still counting.

    We are partnering with NNPC, LAFARGE, Primary Health Administrations in the country, and non-governmental organisations (NGO). They refer cases to us.

    Many universities have come to us for academic partnership; amongst them are Caleb University, Adeleke University etc.

    Our medical students go to India for their housemanship for two months each. This is because of the quality of field experience they can get from India because of its seasoned medical department.

    Our computer students also go to Poland for computer training and exposure. In fact, some students also earn an additional degree during their educational stay in Poland.

    We also partner with Birmingham University. Our International and Diplomacy students go there for two years and get their law degrees and come back. These are a few of the kinds of academic partnerships that we are involved in.

    Tell us about the awards Babcock has won in recent times.

    We have received awards from the World Branding Forum in the education segment. We got the award in 2015 and 2016 concurrently. We also received a solid 18-carat gold award plaque, based on the fact that no organisation had ever won the award back-to-back since inception.

    For two to three years now, we have won the best university in Africa award, given by the Association of African Students. We were nominated by the National Association of Nigerian Students (NANS). The interesting thing is that Babcock is not part of NANS, however, their interactions with our students and the qualitative feedbacks they get informed their decision to recommend our institution for the award.

    Also, in the Nigerian Private Universities Debate (NIPUD), our students have consistently emerged tops in the last four years. We encourage our students to be the best they can be.

    Do you think that government is doing enough to encourage private tertiary institutions? Also, what can government do to encourage private tertiary institutions?

    I do not think the government is doing much to encourage private institutions because they see it as business. They only monitor and accredit them through their agencies to ensure that the schools meets up with the minimum standard, however, that is where it stops. The federal government finances government-owned universities using TETFund. Initially, private institutions have always been weary of receiving such funds because as the saying goes – he that pays the piper dictates the tune. But with the biting economic situations in the country, private institutions have started to bite their words arguing that even if the institutions are privately owned, it produces graduates for the nation at large; therefore, it should at least be encouraged with palliative and government largess like the TETFund. It is a cry of desperation because many universities are finding it difficult to cope. We implore government to give us grant in aid. By grant in aid, we mean government provides some level of financial support, monitor its usage, but do not interfere with running the school.

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    Email: brandphase@yahoo.com

  • Death sentence by hanging is unconstitutional, says Falana

    Death sentence by hanging is unconstitutional, says Falana

    Lawyer activist, Femi Falana (SAN) has said that it is illegal for government to execute the death penalty sentence in Lagos state.

    Lagos state Attorney General and Commissional for Justice, Mr Adeniji Kazeem had on Wednesday  had said government is seriously working on signing death warrant, for the execution of the General-Overseer of the Christian Praying Assembly, Rev. Chukwuemeka Ezeugo, popularly called Reverend King and other condemned prisoners in the various prisons  in the state.

    Kazeem, at the flag off of the yearly ministerial press conference, said it has become necessary for the government to look at the issue considering that some convicts on death row are beginning to demand for certain rights, since they feel that no action will be taking against them.
    “This government is very strong on law and order. And the case is one of those that is under review. Like him, many others are on death row. And very soon, residents of Lagos will see the action of the government on it.

    But Falana, in a letter to Governor Akinwunmi Ambode dated April 19, 2017 contended that it is illegal and unconstitutional to execute such death sentence by hanging or firing  squad as it will lead to the violation of his fundamental right  to freedom from torture guaranteed by the Constitution.

    Presently in Nigeria, death sentences are usually executed by hanging as no prison has gas chamber or electric chair as it is in other countries.

    Although many persons have been convicted for armed robbery and murder and sentenced to death by the Lagos State High Court since 1999, he reminded the governor that his predecessors did not sign death warrants for the execution of any person on death row.

    Rather, he said all the convicts on death row had the death sentences imposed on them commuted to life imprisonment.

    The letter to Governor Ambode stated in part: “It is pertinent to draw the attention of Your Excellency to the case of Ajulu & Ors. V. Attorney-General of Lagos State (unreported) Suit No: ID/76M/2008 of 29th June 2012 wherein the Lagos State High Court held that while a person who commits murder may be sentenced to death it is illegal and unconstitutional to execute such death sentence by hanging or firing  squad as it will lead to the violation of his fundamental right  to freedom from torture guaranteed by the Constitution.

    According to the learned trial judge, Olokooba J: “…death by hanging and firing squad amounts to a violation of the condemned’s right to dignity of the human person and amount to inhuman and degrading treatment is consequently unconstitutional being violative of section 34(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999. Section 367 of the Criminal Procedure Law of Lagos State and any other Law which provides for hanging and condemned by the neck till he be dead are accordingly declared unconstitutional. Section 1(3) of the Robbery and Firearms (Special Provisions) Act in so far as it seeks to be implemented by the Respondent it is also declared unconstitutional and void.”

    “On the basis of the valid and subsisting judgment of the Lagos High Court on the illegality of the execution of the death penalty in Lagos State we urge Your Excellency not to sign  a death warrant authorizing the killing of any condemned prisoner either by hanging, firing squad or any other means whatsoever’.

    He urged the governor, to in the circumstance; commute the death sentences of all condemned prisoners in Lagos State to life imprisonment forthwith.

     

  • Falana to FG: ….Stop begging for money, recover stolen loots

    Falana to FG: ….Stop begging for money, recover stolen loots

    Human Rights lawyer, Femi Falana (SAN) has called on the Federal Government to adopt an “aggressive policy” to recover looted funds and stop asking for loans.

    Falana said this on the side line of an event to mark the International Anti-Corruption Day organised by the U.S. Embassy in Abuja on Thursday.

    “People have stolen our money, why are you begging them to return it? We need to fight them and collect the money; we do not need loans that will mortgage the future of our country.

    “The government is asking for a loan of $29.6 billion and we have more than that to recover,” he said.

    He called on the U.S Government to intervene and also urged anti-graft agencies to enhance cooperation to ensure the recovery of such funds.

    He said that the Federal Government’s current plan to recover stolen loots of past administrations would not get the country out of its economic crisis.

    ” For instance, $458 million has been forfeited in the U.S.; Nigeria has filed an application before the High Court in Jersey where the money was traced to.

    “But the U.S. Government has filed an objection to the release of the money to the government of Nigeria, claiming the money should be paid to the U.S Government to be managed for Nigeria.

    “We also have some money to collect from the Swiss Government; the Swiss Government is illegally saying that they are not going to release this money unless the World Bank is ready to supervise the management of the fund.”

    Falana added, “Unfortunately, the government (Nigeria) is not challenging such violations of our sovereign rights as a nation.

    “Unless the Federal Government is prepared to adopt an aggressive policy against western governments and their very corrupt financial institutions, we are not going to come out of this mess.”

    He said that the Federal Government’s request for loans would be detrimental to the future of the country.

    Falana further called on Nigeria media to join the campaign of the return of the country’s looted wealth.

    “The Financial Times Magazine of the UK wrote an editorial asking the UK Government to release not less than one billion pounds instead of giving us aid; the Nigerian media should join the campaign,” he said.

  • The military lacks power to declare civilians wanted-Falana

    The military lacks power to declare civilians wanted-Falana

     

    Lagos lawyer, Femi Falana (SAN) has said that the military authority lack the power to declare civilians as wanted persons.

    Falana who made this clarification in a statement issued on Tuesday in Lagos in reaction to the three persons, Ahmed Bolori,a social worker; Aisha Wakil, a lawyer and human rights activist and Ahmed Salkida, a journalist declared wanted on Sunday by the military over alleged link with Boko Haram.

    He said the military should stop further harassment of the three civilians.

    He advised “since journalists and other civilians in combat operations are entitled to full legal protection under the Constitution and the Geneva Convention, the Nigerian Army should be directed by the Chief of Army Staff to stop any further harassment of the “wanted” persons.

    “As a matter of urgency, the National Human Rights Commission should make it clear to the members of the armed forces that we are no longer under military dictatorship when the fundamental rights of the Nigerian people were violated with impunity.

    By declaring the three persons wanted without any legal authority the army has usurped the statutory powers of both the Police and the SSS adding, “in the process it has breached the fundamental rights of the ‘suspects’ to personal liberty, dignity of the person and fair hearing guaranteed by the Constitution.

    “In addition, the freedom of movement of Mrs Wakil and Mr. Bolori whose passports have been illegally impounded has also been violated by the army. Even under the defunct military dictatorship in Nigeria the arrest and detention of journalists as well as the closure of media houses by security operatives were declared illegal by several courts. Indeed, on several occasions, the ruling military oligarchy was ordered to pay monetary damages for the breach of the human rights of journalists and very many other citizens”.

    He stated for instance “the Punch newspaper was awarded reparation of N22 million over the 1994 closure of its business premises and detention of its editor, Mr. Bola Bolawole by the combined team of armed soldiers and mobile policemen under the  Sani Abacha junta.

    “In Civil Liberties Organisation v Nigeria (2001) AHRLR 75 some journalists who reported s phantom  coup plot against the Abacha junta were tried before  a Special Military Tribunal. They were convicted and jailed for being accessories after the fact of treason.

    “The complainant dragged the federal government to the African Commission on Human and Peoples’ Rights in Banjul, The Gambia. As the federal military government had no defence to the allegations of mistrial the African Commission held that the arrest, investigation and prosecution of the convicts violated Article 7 (1) of the African Charter on Human and Peoples Rights. Similar trials of civilians by military courts in Mauritania and Sudan have been vitiated by the Commission on the ground that they failed to meet the independence test”, he stated.

    Falana recalled that on Sunday, August 14, 2016, the proscribed   Boko Haram terrorist sect had released a video showing some of the abducted Chibok girls.  Shortly thereafter, the Nigerian Army declared three persons wanted over alleged links with the terrorist organisation and for concealing information from the federal government on the whereabout of the girls who were kidnapped on April 14, 2014.

    Although Mrs Wakil reported herself to the army soon after the announcement, she was released and asked to await further instructions. She and Mr. Bolori have since been admitted to administrative bail by the army after meeting some conditions including the submission of their international passports. Thus, the planned pilgrimage to Mecca by the duo has been aborted by the army without any legal basis.

    In justifying the decision to declare the three persons wanted the Nigerian army spokesperson, Colonel Sani Usman, stated that “there is no doubt that these individuals have links with  Boko Haram Terrorist sect and have contacts with them. They must therefore come forward and tell us where the group is keeping the Chibok girls and other abducted persons to enable us rescue them…We rely on the relevant laws of the land and in particular the Terrorism Prevention Act  (as amended) where Nigerians could be punished for failure to disclose information about terrorists or terrorist activities.”

    He also recalled that Salkida, in his reaction to the serious allegations of withholding information and maintaining contacts with the terrorist stated via his Twitter that the video in question was sent to him before the girls’ abductors uploaded it on Youtube.

    Notwithstanding the gravity of the allegations of maintaining contacts  with a terrorist movement and concealing information  from the federal government, Falana contended that the decision of the Nigerian army   to declare the “suspects” wanted is ultra vires, illegal and unconstitutional in every material particular.

    “Since the wanted persons are not serving military personnel who are subject to service law they cannot be investigated or tried under the Armed Forces Act Cap A20 LFN, 2004.  Furthermore, under  the Terrorism Prevention Act 2011 as amended the army has not been authorized to perform any duty whatsoever.

    ”In other words, the powers of arrest, investigation and prosecution under the Act have been vested in the Nigeria Police Force and the State Security Service. In the circumstances, the Nigerian Army ought to have made available to either the Police or the SSS any evidence or information concerning the alleged links of the three persons to the terrorist body”, he stated.