The Nation Newspaper

Tag: improper

  • Imprudent and improper

    Imprudent and improper

    •Minister Alhassan has committed an unpardonable blunder and should resign

    HOW that Minister of Women Affairs and Social Development Aisha Alhassan is said to have apologised to the ruling All Progressives Congress (APC) for her “indiscretion,” should this be the end of the matter?

    After Alhassan’s closed-door meeting with APC leaders, including the National Chairman John Odigie-Oyegun, the party’s national publicity secretary, Bolaji Abdullahi, told reporters: “… having offered her explanation, we acknowledged that as a member of this party, she is entitled to her opinion and she is entitled to her choice.

    However, as a senior member of this party, her statement represents an act of indiscretion because with the kind of position she occupies within the party, she is a party leader in her own right, what she said was not what she was supposed to say at the time that she said it.” He added: “She ought to have exercised greater judgement than she did and she acknowledged that yes, maybe she ought not to have. Maybe the timing was wrong and she apologised if she had put the party in any difficult position.”

    Certainly, she had made things difficult for the party by saying certain things without a sense of time and timing. It was unsurprising that Alhassan was summoned to clarify controversial remarks credited to her which reflected opposition to President Muhammadu Buhari in whose administration she is a minister.

    Alhassan caused quite a stir following the leakage of a video footage in which she expressed support for former Vice President Atiku Abubakar in connection with the 2019 presidential race, regardless of her ministerial status in the Buhari administration as well as the possibility that Buhari might be interested in re-election. A report said: “Leading an All Progressives Congress (APC) delegation from Taraba State  to Atiku, the minister was shown in the video as saying: “Mr. President, our father, Nigeria’s president for 2019,  God willing, in your presence today are your people who have been placed under your care for forever.”

    She boldly and bluntly corroborated the content of the publicised video when she said in an interview with the BBC Hausa: “Atiku is my godfather even before I joined politics….And again, Baba Buhari did not tell us that he is going to run in 2019…If because of what I said I am sacked, it will not bother me because I believe in Allah that my time has elapsed, that is why.”

    It was an embarrassing development for her colleagues in the cabinet, and indeed for the general public. It is astonishing that a minister would say things in private against the president that contradicted her role in the government. It was unexemplary conduct, imprudent and improper, and rightly interpreted by the public as disloyalty to her boss. It is unclear whether there are other members of Buhari’s cabinet who harbour such opposition to their principal’s possible interest in re-election, which may well amount to a loss of confidence in Buhari.

    The drama not only mirrored cracks in the ruling party; with the approach of the 2019 presidential election, it could be considered a foretaste of what is to come. Interestingly, the drama deepened with the entry of Atiku who publicly complained of being alienated by the party leadership. Was this sequence of events mere coincidence? Or was it a political signal and a political statement?

    Alhassan’s reported apology is neither here nor there. The leaked video exposed serpentine duplicity, and there ought to be consequences. The APC spokesman said the party never discussed the option of resignation with the minister. “That did not come up,” he said. The point is that Alhassan should not use this as an excuse to remain in her position. The honourable thing to do in the circumstances is to resign.

  • ‘Defending naira with foreign reserves is improper’

    ‘Defending naira with foreign reserves is improper’

    The prices of crude oil, the economy’s mainstay, have crashed in the global market, fueling calls for diversification. Mr. Tim Newbold, Managing Director, Africapractice, a strategic communications and advisory firm, urges the country to try mining. Defending naira with foreign reserves, he says, is an artificial measure that will not stand the test of time. The existing income inequality, he tells LUCAS AJANAKU in this interview, is because the wealth created is held by a small group.

    There have been calls on the Federal Government to diversify the nation’s revenue base. Which sector(s) of the economy do you think could displace crude oil as cash cow?

    It depends on what you mean by cash cow. Crude oil is only a cash cow for foreign exchange (forex), but the economy is relatively well diversified in terms of the contribution that other sectors make to the Gross Domestic Product (GDP). The challenge with crude oil is that it delivers such a high percentage of forex, and that Nigeria is so reliant on forex to fund its dollar denominated imports. That any fluctuation in price has structural implications, particularly on the currency, which then has a downstream effect on other industries as well.

    Crude oil itself could become a much more effective contributor to the GDP, and I think we’re beginning to see that happening, with momentum growing behind attempts by the largest business people in the country to build out a mid-stream industry of scale.

    All you have to do is deepen the local market for Nigeria’s upstream products to retain additional value and reduce exposure to external shocks.

    Equally, Nigeria needs to diversify its exports, and one of the key areas that have been under-exploited for too long is mining. Perhaps now, under a new government, it will be prioritised. At the same time, more could be done in traditional areas of strength, which are well known. Nigeria exports a significant amount of leather for example, but largely in its raw form, when the real value on international markets is for the finished goods.

    Nigeria emerged Africa’s biggest economy not too long ago. The growth in the economy has neither translated to improved standard of living for the citizens nor created jobs. Where are the disconnections?

    It’s simply a function of income inequality. Much of the wealth that has been created is held within a small percentage of the population, while the federal and state governments have not delivered when it comes to wealth re-distribution and enabling policies that drive employment creation and so, a level of systemic growth. If Nigeria has a high population growth rate, and a high level of inflation, if GDP growth is narrow and below the rate of inflation, it is inevitable that large segments of society will not get richer.

    In general terms, what advice would you give President Muhammadu Buhari to move the economy forward?

    It is clear that there is work to do if Nigeria’s long held economic potential is to be realised. We think he will start by simply trying to make the system work more efficiently. Existing structural impediments within the oil and gas sector and other key sectors can be addressed quickly, and without necessarily requiring legislation. Reducing the leakages should have a relatively significant effect on the government’s finances, and so create greater stability. Beyond that though, it is clear that an enabling environment needs to be improved, and that includes looking at everything from basic infrastructure, from roads to power supply that have always created a ‘drag’ on Nigeria’s economic growth. The reality is that anything less than five per cent at a bare minimum is needed for any form of real growth to take place. This year will probably witness significantly below that, so how the government structures the 2016 budget, and intervenes in priority sectors, and its macro-economic management capabilities will be particularly important. At the moment, it seems like the economy is in a holding pattern to ‘protect’ what is already in place. We now need to understand what the economic future looks like under the new administration.

    The value of naira is going down. Attempts by CBN to defend it with foreign reserves have not yielded fruits. Some people are even calling for further devaluation of the naira. Do you subscribe to this?

    The reality is that currencies should trade at their true value, which is a function of the strength of their underlying economy to compete internationally. The ultimate solution must be to restructure the economy, and while the short term intervention is in place now it may hold the naira at a desired rate, it will not solve the underlying problem.

    There is significant offshore capital lined up and interested in Nigeria today, but investors are unsure what the naira’s future is. A $1 investment today gives you circa N199, but if invested following a devaluation, might worth N230 or even more, so investors are looking for the discount that inevitably comes with a potential near term devaluation, and are equally nervous of making the wrong decision, and seeing value deteriorate immediately post investment by 15 per cent or more.  They need some level of clarity, that’s the key point. There is too much uncertainty in the market at the moment and the general belief is that the current naira defence can only be short term.

    Ultimately, Nigeria needs to structurally evolve in a way that reduces its exposure to external shocks and that means internal markets, capacity and production, all of which are driven by infrastructural development and improved efficiency.

    The IT sector, especially business process outsourcing (BPO), is said to hold so much promises for job creation and economic prosperity. What steps would you recommend for policy makers to be able to tap into this?

    Business process outsourcing is a function of cheap, skilled labour and good infrastructure. You have to be able to compete on cost, and capability. Nigeria clearly could play a role here, but input costs remain high when compared with other markets (power and connectivity in particular), so Nigeria is becoming a logical place for this to happen because of inflating costs in other markets, not improving conditions in Nigeria itself necessarily.

    The IT sector as a whole is one of the most exciting sectors. There is, at the moment, and I think the combination of ICT and telecoms have been growing at over 20 per cent per annum for some time. That’s real growth. But regulators are going to have to think about the future, and quickly. This sector is fast moving, and driving change and evolution in other sectors that the regulatory environment needs to be a few steps ahead, and today it’s probably too far behind. We’re already seeing this around the convergence between e-commerce, telecoms, internet service providers (ISPs). Banking and payments will happen equally quickly elsewhere. Nigeria has a relatively unique opportunity to get ahead of the game here, and it is something that should be the first thing on the desk of the next ComTech Minister, presuming that position remains.

    Concerning the choice of a minister to lead the ComTech Ministry, what do you think should be taken into consideration?

    Technical capability and understanding are certainly critical. This is such a fast moving and broad space that practical experience is essential, but equally important is the ability to translate technical knowledge into regulatory and legislative structures. Those are the two skill sets that I think would secure the respect of the industry, and create a strong base for structural improvements.

    Aside infrastructure, what peculiar challenge(s) do you face in the sector of the economy you operate?

    The prioritisation of soft risk into business models is one. Many emerging businesses in Nigeria face many challenges, and often prioritise the hard, immediate risks, over the softer, longer term risks that we focus on. There’s also very much a relationship based belief that individual relationships can ensure stability, whereas we take a much more structured approach. Evolving thinking towards the clear commercial value in structuring stakeholder relationships and engagements more strategically is our core business challenge, but it’s one we are winning.

    What is your assessment of the telecoms sector?

    Telecoms, like much of Nigeria’s challenge, is about infrastructure. We’re approaching voice saturation from a commercial perspective, so the telcos’ margins are probably deteriorating. That’s why there’s a major focus on mobile data, where margins remain high, but the more data you push through existing infrastructure, the higher the potential for poor quality voice systems. At the moment, it’s a balancing act, and all the telco’s are going to need considerably greater infrastructure over the coming years to continue the current pace of growth in data.

    Telecoms companies are also diversifying from their core business, which is another sign of revenue saturation in voice. If you look at telecoms companies’ attempts to get involved in mobile money, insurance, and e-commerce where MTN is heavily involved with Jumia. It is an attempt to shore up dwindling revenue.

    Don’t you think the telcos ought to have overcome the teething problems they met on the ground more than 12 years after liberalisation?

    Of course, the telecoms sector needs to maintain the pace of infrastructure growth with the pace of consumer adoption, and I think many people underestimated the pace of adoption that would take place in Nigeria. Now, as new technology evolves extremely quickly, smartphones become more and more prevalent and demand for bandwidth increases exponen-tially, infrastructure investment is essential once again. The industry needs to begin to prioritise long term infrastructure development to be positioned to deliver in five years over and above short term profitability. Someone, who takes that longer term view, which is probably easier for a privately held company more than a publicly listed one, will win the race, in our view.

    Who are africapractice and what do they do?

    We are a strategy and risk advisory firm. We provide full cycle advisory support for international companies looking to invest on the continent, expand their operations, or mitigate existing risk. We also provide the same support for emerging African businesses keen to expand and grow domestically, re-position themselves, invest in new markets or engage internationally. Our services range from political risk and business intelligence, to strategy and positioning, market entry support and ultimately support with communications and stakeholder engagement, which makes us relatively unique. Most risk advisory firms won’t support implementation, while most engagement focused firms won’t have the strategy, or risk and intelligence capabilities.

    What does risk and reputation consulting mean?

    Traditional risk advisors focus on the harder elements of risk, from security to financial and operational. We take a different approach. We believe you have to consider the softer issues that can have a fundamental impact on the success of your project, or company. What people think about you, and the objectives you have can be the difference between securing a licence, closing a transaction or achieving a product sale. We assess reputational risk, using our proprietary tools to identify areas of risk as well as opportunity, and build positioning and engagement strategies to mitigate the more significant risks, and achieve core project, or corporate objectives.

    How does it differ from management consultancy, risk consultancy or PR?

    It incorporates elements of risk consultancy and corporate communications, but draws most of its origins from management, and strategy consultancy. We apply similar processes to the big management consultancies, and our consulting models are similar, but we apply them specifically around our core focus area of risk and reputation. We also believe in knowing our clients, and their issues. That’s why intelligence is a core capability. By integrating the ability to gather and analyse intelligence, we ensure the in house capability to advise at the highest level.

    How long have you been in the advisory business in Nigeria?

    Africapractice has been operating in Nigeria since early 2006. So, we’re fast approaching our 10th anniversary. We started working largely with the big multinationals with investments here, but over the years have established a far more indigenous client base as entrepreneurs and businesses from multiple sectors have established themselves.

    During the election, we saw regular commentary from your consultants on the process. Why was that?

    We believe that understanding the political economy of a market is one of the key soft issues to consider when looking at risk and reputation. Relationships, power balances and political allegiances play a major role in policy direction, regulation and the general macro-economic environment. So, we always pay particular attention when elections are approaching. Not just in Nigeria, but in other African countries as well. We had a similar structure in place for the South African elections and will do so for elections in Guinea and Ghana next year.

    How do you approach client mandates? What makes Africa-practice different?

    Every client mandate starts in the same place. What’s the challenge and so what are the objectives? Generally, we want to know about an organisation’s strategy, not just for communications, but as a whole. We need to understand where you are going in order to help you get there.

    How have the economic condition, post-election and falling oil prices affected you?

    Election cycles are interesting times for us. While the economy has slowed down, and key sectors are under pressure, we also see significant demand for our analysis services to understand the emerging opportunities that are a by-product of political transition. Equally, many of our clients have taken the opportunity to reflect and stategise, which is a natural entry point for our services. We expect the next year to be interesting as well. Once there is some clarity on the stability of the currency and foreign direct investment (FDI) investors can price opportunities accordingly. We think there will be a significant amount of market entry activity, as well as M&A and a potential return to market listings in 2016. All of these things create opportunity for us.

    Who are your competitors?

    There aren’t many firms that do everything we do. So our competition is more vertical than horizontal. In the risk and intelligence space, we do things that the core risk consultancies like Control Risks, Kroll, Aegis and others do. In the strategy space there are cross overs with Mckinsey, Bain and the big four (KPMG, Accenture, Deloitte and E&Y), while in the engagement, or communications space, the big global agencies like Hill and Knowlton, Portland, Weber Shandwick, Brunswick and Bell Pottinger are competing alongside established local communication agencies.

    In terms of services, what are your core offerings? 

    We start with risk and opportunity identification, political risk analysis and market and business intelligence. This makes up the intelligence and analysis pillar of our business. We then move into the strategy pillar, which encompasses strategy development, positioning strategy and risk mitigation planning, before we move into the engagement pillar, which is where we activate. We have the capacity to deliver social media, media relations, internal communications, public affairs and government relations, investor relations and financial communications.

    Underpinning these core services are proprietary tools that we’ve developed in house over the last five years, from our monitor + intelligence service, to our in-gauge interactive database and analysis tool and our bespoke consulting model.

     

  • Improper use of cellphones breaking neck

    Improper use of cellphones breaking neck

    There has been debate over whether or not the radiation emitted from base transmission stations (BTS) of mobile network operators (MNOs) cause health hazards to human beings. Though the World Health Organisation (WHO) and other experts have said there has not been any conclusive report to confirm it, a new study suggests that the angle at which a mobile phone user holds his head when making calls can affect the cervical spine and result in a condition known as ‘text neck’, LUCAS AJANAKU reports.

    As it has turned out, technology is a double-edged sword. At one breath, it is solving human problems, simplifying hitherto rather complex situations. At yet another, it is creating challenges. That is today’s digital age. It comes with many benefits and different ways of working, but also brings a new set of health issues. The cellphone technology is one of such innovations that have come with its own challenges. One such challenge is text neck.

    According to a new study released to the National Library of Medicine in the United States (U.S.), improper positioning of the head while making use of cellphone, tablet and other mobile devices could have a devastating effect on human health.

    The study, written by Dr. Kenneth Hansraj, chief of spine surgery at New York Spine Surgery and Rehabilitation Medicine, in Poughkeepsie, U.S., cautioned cellphone users to be careful about head positioning to avoid text neck.

    The relatively new condition, which the report calls an epidemic, is commonly caused when too much pressure is placed on the spine due to bad posture, especially those positions in which most phone users find themselves when we cell phones and tablets are used.

    According to News24, a Johannesburg, South African physiotherapist who has seen the condition far too many times at his Sandton practice, Jonathan Blake, said: “Text neck is the result of the axial skeleton and associated structures (muscle, ligaments, nerves, fascia and others) being exposed to extended period of abnormal and undue mechanical and positional stress caused by electronic devices used in ergonomically compromising positions. Personally I feel that the global term ‘text neck’ is too categorical – it implies that the postural problems caused by poor ergonomics are related to texting only.

    “A more encompassing term is clearly needed so that these postural problems can be related to all forms of electronic communication – from screens, to keyboards, to notebooks, laptops and tablets and others.”

    Blake says frequent text neck positions cause changes to the cervical spine, supporting ligaments, tendons, and musculature, and bony segments, commonly causing postural change.

    It has also been linked to headaches and neurological issues, depression and heart disease.

    What’s worse is that if left untreated, the condition could result in permanent damage, including flattening of the spinal curve, onset of early arthritis, spinal degeneration, loss of lung volume capacity and even gastrointestinal problems.

     

    How text neck is developed

    Hansraj said the human head weighs about a dozen pounds. But as the neck bends forward and down, the weight on the cervical spine begins to increase. At a 15-degree angle, this weight is about 27 pounds, at 30 degrees it’s 40 pounds, at 45 degrees it’s 49 pounds, and at 60 degrees it’s 60 pounds.

    That’s the burden that comes with staring at a smartphone, the way millions do for hours every day. Over time, researchers say, this poor posture, sometimes called “text neck,” can lead to early wear-and-tear on the spine, degeneration and even surgery.

    According to Nigeria’s telecoms sector regulator, the Nigerian Communications Commission (NCC), there are 145.4 million active mobile telephone lines in the country with teledensity standing at 103.9 per cent. Though there is no demographic information about the percentage of the over 170 million population, analysts say no fewer than 80 per cent of the population has at least, one cell phone. Most subscribers in the country use more than one mobile phone because of the challenges of service quality bedeviling the MNOs.

    With the rise of social media platforms such as Facebook, Twitter, LinkedIn, Pinterest, Google Plus+, Tumblr, Instagram, VK, Flickr, Vine, Meetup and others and huge youthful population, today’s phone user spends between three and five hours a day reading mails, sending texts and checking social media sites on their mobile devices.

    Similarly, people watch videos while yet a set of others take advantage of the booming e-commerce landscape to place online orders for goods and cars has increased the length of time spent by cellphone users in the country.

    “It is an epidemic or, at least, it’s very common. Just look around you, everyone has their heads down.

    “Can’t grasp the significance of 60 pounds? Imagine carrying an eight-year-old around your neck several hours per day. Smartphone users spend an average of two to four hours per day hunched over, reading e-mails, sending texts or checking social media sites.The problem is really profound in young people. With this excessive stress in the neck, we might start seeing young people needing spine care. I would really like to see parents showing more guidance,” Hansraj told The Washington Post.

    President,  American Physical Therapy Association‘s Private Practice Section, Tom DiAngelis, told CNN last year the effect is similar to bending a finger all the way back and holding it there for about an hour.

    “As you stretch the tissue for a long period of time, it gets sore, it gets inflamed,” he said, adding that it can also cause muscle strain, pinched nerves, herniated disks and, over time, it can even remove the neck’s natural curve.

     

    Tips To Alleviate/Avoid Text Neck

    Correct posture, regular breaks and a proper adjustment of equipment can help prevent disorders related to posture such as text neck, Carpal Tunnel Syndrome, back and neck pain or vision care when using smartphones.

    Be aware of your posture (there are wearable posture-tracking gadgets (such as LumoLift) to help workers identify when they are slouching).

    Limit the time spent in compromising positions, take a break and escape lengthy periods of being deskbound.

    Instead of bending your neck, try looking down at your device with only your eyes.

    Simple exercises such as standing in a doorway with your arms extended and pushing your chest forward to strengthen “the muscles of good posture” help alleviate pain.

    Find an office chair that is built to support your back while sitting at your desk.

    A Cape Town, South Africa based ergonomics expert, Angela Hendricks said the key to preventing any musculoskeletal problems is mobility. “Extended periods in any awkward posture can result in neck pain but if you are regularly changing your position and giving your body a break, it gives the muscles time to recover.” she said.

    Cellphone users could also book an appointment with a bio-kineticist who will teach them specific exercises that will strengthen the neck muscles thereby helping to strengthen the neck and protect the vertebrae against degeneration from continuously looking down at mobile devices.

    Scared of using your cellphones? Don’t be. Hansraj said: “I love technology. I’m not bashing technology in any way. My message is: Just be cognisant of where your head is in space. Continue to enjoy your smartphones and continue to enjoy this technology — just make sure your head is up.”

  • Improper arraignment renders trial a nullity

    The Appellant as second defendant along with Sopuruchi Obed were arraigned before  Justice M. A. Dada of the Lagos State High Court on a two count charge and upon trial, the court in a considered judgment dated  May 28, 2009 found them guilty for the offence of conspiracy and armed robbery and convicted them to death. The offences were contrary to Section 403(4) and 402 (2) of the Criminal Code Cap (17) Vol. 2 Laws of Lagos State, 2003.

    The facts of the case at the trial court are that the appellant along one other, Sopuruchi Obed were charged with conspiracy and armed robbery contrary to Section 403 (A) and 402 (2) (a) of the Criminal Code Cap C17, Vol. 2 Laws of Lagos State, 2003. The appellant and the said Sopuruchi Obed were alleged to have robbed one Mrs. Praise Lawani of various items on September 30, 2004 at Obele Road, off Maigbon, Lagos while armed with a locally made short gun, a knife and eight cartridges. The two accused persons pleaded not guilty to the two count charge and the matter proceeded to trial. The trial court upon due consideration found the two defendants guilty. The appellant dissatisfied with the judgment filed a notice of appeal of six grounds upon which three issues for determination were distilled as follows:

    1. Whether the arraignment of the appellant was not in compliance with the law and consequently the entire trial at the lower court was a nullity?

    2. Whether non-signing of the record of proceedings of the lower court rendered the proceedings of the day a nullity.

    3. Whether the finding of the learned trial judge that the prosecution proved its case as required by law can be supported by the totality of the evidence adduced before the court.

    The issues formulated by the appellant were adopted by the court for determination in this judgment.

    The appellant in arguing issue 1 submitted that the arraignment of the appellant was not properly done and the defect had rendered the trial a nullity. He submitted that the law requires that a charge be read and explained to the accused in a language he understands before he can be called upon to take his plea according to Section 24 of Administration of Criminal Justice Law of Lagos State and 36(6)(a) of the 1999 Constitution. Appellant contended that there was nothing in the record of appeal to show that the charge was read, explained or interpreted to the appellant before the plea was taken. On this issue, he finally submitted that failure to comply with the requirement for a proper arraignment has occasioned a miscarriage of justice and he urged the court to discharge the accused person as it would be unfair to put the appellant through a second trial because the case for the prosecution is weak.

    Addressing this issue, counsel for the respondent submitted that Section 215 of the Criminal Procedure Act and Section 36(6) (a) of the 1999 Constitution provides for how a person accused of an offence shall be brought to court unfettered and the charge to be read over and explained to him in the language he understands to the satisfaction of the court before his plea can be taken. Counsel contended that the provision was not violated by the court and the appellant misconceived what an arraignment is and relied on OGUNYE v. THE STATE (1999) 5 NWLR (Pt. 604) 518 AT 567; (1999) LPELR-2356(SC) where arraignment was explained.

    In deciding this issue, the court stated that it is the requirement of the law that necessary steps to a valid arraignment are complied with as provided in Section 215 of the Criminal Procedure Act. The court further stated that such requirements must co-exist and non compliance will warrant an order of a re-trial as the trial will be vitiated and rendered a nullity. The court held that failure of the trial court to comply with the requirement of Section 215 of the Criminal Procedure Act rendered the arraignment and trial a nullity. The court cited the case of JOSIAH v. THE STATE (1985) 1 NWLR (Pt. 1) 215; (1985) LPELR-1633(SC) where the Supreme Court observed that the condition laid down in Section 215 of the Criminal Procedure Act must be strictly complied with. The court held that the deficiency in the record of appeal concerning arraignment is vital and it has vitiated the trial. The trial was held to be a nullity and this issue was resolved in favour of the appellant.

    On issue 2 , appellant submitted that by virtue of Section 245 of the Administration of Criminal Justice Law of Lagos State 2007 which is the same as Section 294 (1) of the Criminal Procedure Act, it requires the trial court to maintain a record of proceedings and the judge must sign the notes for each day. Counsel submitted that this requirement is mandatory and any failure to observe same renders the proceedings of that day null and void. He contended that the additional record were transcribed but were not signed by the trial judge including the proceedings in which the appellant was arraigned.

    The respondent’s counsel submitted that the appellant’s complaint was about the transcribed record of court duly certified as required by law. That Section 145 and 147 of the Evidence Act also prescribes  a presumption of genuineness of a certified document and also that Order 17 Rule (9) (1) (c) of the Rules of the Court allow for the use of transcribed copies of record of proceedings as substitute for Judges Notes. Counsel urged the court to discountenance the argument of the appellant under this issue and find for the respondent.

    On this issue, the court held that the portion complained about are the additional record of appeal and these are the transcripts of the proceedings which are certified by the officer duly authorised. The court stated that it is important to note that the portion of the additional record complained about is not directly the note of the trial judge but transcripts from the recording by an officer authorised to do so and it was duly certified. The court held that the complaint of the appellant lacked merit. This issue was resolved against the appellant.

    The appellant in arguing issue three challenged the finding of the trial court that the prosecution proved its case as required by law. Addressing the issue, counsel for the appellant submitted that the prosecution did not prove the allegation according to law. He relied on the case of ALABI v. STATE (1993) 7 NWLR (Pt. 307) 511; (1993) LPELR-397(SC). Counsel submitted that to answer the issue, the evidence of the two prosecution witnesses will have to be analysed and when that is done, it can clearly be seen that the evidence was hearsay evidence as both PW1 and PW2 told the court that Mrs. Praise Lawani told them what they told the court. The said Mrs. Lawani did not testify. The appellant urged the court to expunge the hearsay evidence of PW1 and PW2 and to discharge the appellant. Counsel submitted there was no evidence Mrs. Praise Lawani existed. She was not called even when she is a vital witness in proof of whether a robbery actually took place. That in the face of the retracted confessional statement and the appellant’s alibi which was established, the prosecution failed to prove that a robbery took place. Appellant’s counsel further submitted that there was no clear identification of the appellant as one of those who participated in the robbery and therefore the court erred in finding that the appellant participated in the robbery. And furthermore that the report by Mrs. Lawani was on suspicion since she did not identify anybody on the day the alleged robbery took place.

    Counsel for the respondent submitted that identification parade is not required where the suspect is caught at the scene of crime or closely connected as in this case. Counsel submitted that prosecution is not bound to call witnesses if it can prove its case by those called, he relied on BELLO SHURUMO v. THE STATE (2010) 19 NWLR 9 (Pt. 1226) 73 AT 94; (2010) LPELR-3069(SC).

    On this issue, the court stated that the police man in the station cannot be a witness to a crime which took place in a different location when he was not at that venue except if he is a spirit. The court stated the settled principle of law that where direct evidence of the commission of a crime is absent, the court can infer from the facts proved the existence of other facts which logically and conclusively establish the guilt of the accused, the Court cited the case of AKPA v. STATE (2008) 14 NWLR (Pt. 1106) 72; (2008) LPELR-368(SC). The court held that there is no direct evidence in this case, neither is there circumstantial evidence that can pin the appellant to the crime without the evidence of a victim on the important aspects of how the offence was carried out.

    On the whole, the court held that the appeal succeeds. The judgment wherein the conviction and sentence of the appellant by the Lagos High court presided over by HON. JUSTICE M. A DADA and delivered on  May 28, 2009 was set aside. The appellant was discharged and acquitted.

     

    •Edited by LawPavillion

    LawPavilion Citation: (2014) LPELR-23124(CA)

     

     

     

     

  • Elechi suspends Attorney General, two commissioners for improper dressing

    Elechi suspends Attorney General, two commissioners for improper dressing

    The Ebonyi State Governor, Martin Elechi, yesterday suspended the Attorney General and Commissioner for Justice, Dr Ben Igwenyi, with two other commissioners for improper dressing.

    A statement by the Chief Press Secretary to the Governor, Onyekachi Eni, named the two commissioners as Hyacinth Ikpo,

    Commissioner for Culture and Tourism and Mr. Chukwuma Nwandiugo, (Works and Transport).

    The commissioners were said to have dressed casually to a state banquet organised for the members of the Society of Gynaecologists and Obstetrics of Nigeria (SOGON) at the Government House on Friday night.

    According to the statement, the suspension was for a period of three months. The statement further directed the commissioners not to attend any state function throughout the duration of their suspension.

    The governor was said to have been enraged by the commissioners’ lacklustre dressing to the occasion which had in attendance members of SOGON from various states of the federation which seemed to portray a bad image of the state in the eyes of the visitors.

    Sources close to Government House revealed that the suspension is without pay, adding that the commissioners have been directed to hand over all government properties in their possession to their permanent secretaries.

    When our correspondent visited the official residence of one of the commissioners, hundreds of men and women especially from his hometown were seen in clusters discussing the suspension and a possible solution to the problem.

    One of the early callers, Mr. Ifeanyi Chukwu, said the announcement came to them as a big surprise. “Our son since his appointment has been dressing in a manner that portrays him as a man of high integrity. He has represented the state government at many functions and what happened may be a little oversight.”