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Tag: Nigerian Newspaper

  • ‘Improving telecoms, internet service quality’

    Shortage of last-mile infrastructure to convey submarine cables is a challenge. LUCAS AJANAKU writes on how this problem is being tackled.

    There are over 40 terabytes per second (TBPS) international connectivity capacity cables landing in Lagos.

    Despite the large number, a group,  Submarine Cable Operators of Nigeria (ASCON), lamented that in terms of utilisation across all cables, the country is using less than 10per cent because of the absence of the requisite terrestrial infrastructure to transmit this capacity from the shores to other parts of the country, particularly to the unserved and underserved areas.

    “The relevant national backbone is not available. That is the challenge we are facing with broadband penetration. Thus, the connectivity and speed people will experience in Lagos will be different from what they find in their villages. In this regard, we would collaborate with other telecommunication stake-holders in seeking government intervention,” Ifeloju Alakija and Bolaji Mudashiru, president and secretary of the group said.

    In view of this constraint, the memorandum of understanding (MoU)  between Broadbased Communications Limited and Dolphin Telecom Limited is significant in the industry.

    While the former is an Open Access Metropolitan Fibre Optic Network Operator, the latter is a member of the African Coast to Europe (ACE) Submarine Cable System Consortium and the Operator of the ACE Submarine Cable Landing Station in Nigeria.

    Under the terms of the agreement, Broadbased Communications will provide the much-needed last-mile metropolitan fibre optic network connectivity wholesale to Dolphin Telecom’s clients, which include telecom operators and Internet Service Providers (ISPs) across the country. The ACE Submarine Cable System is managed by a consortium of 19 telecom operators from Africa and Europe.

    The submarine cable system is being upgraded to 100G technology, which will increase its design capacity from 5.12 terabytes per second (Tbps) to 12.8 Tbps. The  cable system is supported by wavelength division multiplexing (WDM) technology to accommodate future ultra-broadband networks.

    Broadbased Communications operates a non-compete, non-discriminatory, open access Metropolitan Fibre Optic Network that spans over 3,500 kilometres (km) of transmission, distribution and in-premise in all the major business districts in Lagos. The firm also operates Metro Fibre Networks in Kano and Akwa Ibom states with more points of presence (PoP) in Abuja, Port Harcourt and Enugu.

    Broadbased provides fibre optic network connectivity for mobile network operators, 4G network operators, all the submarine cable landing stations, all major ISPs, data centres, Nigeria Internet Exchange Point (IXP), major global telecom operators, banks, the Nigerian Stock Exchange (NSE), electronic payment switching and processing companies, oil companies, major corporate firms and residential estates in partnership with other telecom service providers in each estate.

    Broadbased Managing Directror/Chief Executive Officer Prince Henry Iseghohi said the MoU is a testament to the company’s dedication to the open access, non-compete model, robust network architecture and the dedication of the  workers of Broadbased Communications.

    Dolphin Telecom Group Commercial Director Mr. Johnnie Coleman said the firm was delighted to partner  Broadbased Communications to distribute its wholesale internet capacity to telcos and ISPs in the major districts of Lagos. He said the ACE submarine system has positioned itself as a key driver of the country’s social and economic growth.

    Also, the Group Executive Director of Broadbased Communications, Mr. Chris Erewele Snr, restated their commitment to the provision of quality services to Dolphin Telecom with a dedicated Technical Support Team to meet the needs of their wholesale customers, including the use of horizontal directional drilling equipment to install fibre optic cables without manual digging.

    The Executive Director, Business Development, Mr Chidi Ibisi said the Broadbased Network, which spans over 3,500km is designed as a self-healing network in a ring architecture with redundant routes to over 20  PoPs, including the submarine cable landing stations, data centres, major telcos/ISP hubs and major corporate clients in Lagos.

    Aside the ACE submarine cable   which was manufactured by Alcatel Submarine Networks (ASN) and was laid by ships from ASN and France Telecom Marine, there is also the Glo-1 submarine cable that is along the west coast of Africa between Nigeria and the United Kingdom. It is owned by Globacom.

    The submarine cable system is 9,800 km long, and became operational in 2011 with a minimum capacity of 640 Gbit/s.

    Total capacity of the system is now advertised as 2.5 Tbit/s. The cable’s link to Ghana was turned up in April, 2011.

    Another indigenous player is the Main One submarine cable that stretched from Portugal to South Africa with landings along the route in various west African countries. It spans 14,000 km and provides additional capacity for international and Internet connectivity to countries between Portugal and South Africa on the west coast of Africa.

    There is also the SAT-3/WASC or South Atlantic 3/West Africa Submarine Cable  linking Portugal and Spain to South Africa, with connections to several West African countries along the route.

    It is part of the SAT-3/WASC/SAFE cable system, where the SAFE cable links South Africa to Asia. The SAT-3/WASC/SAFE system provides a path between Asia and Europe for telecoms traffic, an alternative to the cable routes that pass through the Middle East, such as SEA-ME-WE 3 and FLAG.

    SAT-3 has a capacity for 340 Gbits while SAFE can take 440 Gbit/s. The SAT-3 system and SAFE were built by a consortium of operators.

    West Africa Cable System (WACS) is a submarine communications cable linking South Africa with the United Kingdom along the west coast of Africa constructed by Alcatel-Lucent. The cable consists of four fibre pairs and is 14,530 km in length, linking from Yzerfontein in the Western Cape of South Africa to London in the United Kingdom. It has 14 landing points, 12 along the western coast of Africa (including Cape Verde and Canary Islands) and 2 in Europe (Portugal and England) completed on land by a cable termination station in London.

  • The next level anthem

    Sir: It was John F. Kennedy who said, “Things do not just happen, things are made to happen.”

    When most kings ascend the throne of their forefathers, they do not stir ripples in the waters for fear it could trigger a wave that might capsize their fledgling rule. In other words, they see but seldom talk; talk but seldom walk. It is only a wise king that knows that a crown of gold is useless if the people do not respect its wearer.  The Next Level anthem beggars description.

    Image makers have vested interests in manufacturing publicity for their principals; after all, relevance is the name of the game. Defending the present administration is herculean because even the blind can see the handwriting on the wall. The Next Level Anthem will make an excellent material for a Nollywood blockbuster.

    You may be forgiven if your first impression about the Next Level mantra was paradise on earth. It is a systematic and well thought out agenda oxygenated to impoverish the masses and turn them into robots. It is therefore a no-brainer that things are transforming from bad to worse.

    The claim by the federal government that shutting border has frustrated smuggling is a welcome development but should not be an excuse to injure innocent Nigerians. Nigerians should not be punished because of poor and compromised border security as the development has triggered inflation (prices of goods are now reaching the clouds). Closing of border should be holistic (not closing south leaving north) with adequate provisions made to cushion the effect.

    For an administration that elevates politics over policy, implementation is her greatest undoing because of vested interests. What is the assurance that the advice of the newly formed Economic Advisory Council will be carried out by the president when he is surrounded by a strong cabal?

    There is a common defect among policy analysts and decision makers of the federal government. This gap has to be closed. The revised 7.5% Value added Tax, CBN cashless policy and the composition of the Economic Advisory Council are all economic catalysts but adequate palliative provisions ought to be made to cushion the resultant effect on the poor masses.

    It is unfair to talk about VAT increase when N30,000 minimum wage implementation is yet to see the light of the day. In a nation where there are countless number of out-of-school children and many live below one dollar per day, imposing unnecessary tax increase is most unfortunate. The CBN forex restrictions on some imported products should be extended to foreign education and medical trips abroad in order to use the Nigerian content initiative to fix local hospitals and public schools and make them attractive so that those who cannot afford (medical or educational) trips abroad can also enjoy good healthcare and sound education in a country they are joint heirs to. Perhaps, this is one of the reasons why some sister nations do not value Nigeria and her citizens despite being the giant of Africa.

    Solving security and electricity challenges should be paramount. But how does one achieve this in a country where a sitting chief executive officer of a state took a selfie with bandits brandishing arms?

    It is sad that Nigeria is going on a borrowing spree when N100billion has been earmarked for the National Livestock Transformation Scheme despite the mutual suspicion and public outcry over the RUGA racket. Perhaps, these developments are some of the reasons why the 2020 budget is yet to be passed.

    The federal government should mandate the CBN to as a matter of urgent public importance, suspend these anti-people, anti-economy and pro-poverty policies in order not to frustrate the ease of doing business. The Senate should concur with the House of Representatives by taking a stand against these policies before it becomes law.

    Nigeria at this challenging time needs leadership that will inject pro-people innovations, and game-changing ideas to improve the international image of the country and bring honour to her citizenry.

    • Ikechukwu Agada,

    <bishopagada@yahoo.com>

  • Still on xenophobic attacks on Nigerians

    Sir: The recent xenophobic attacks on Nigerians and other Africans in South Africa have threatened the exceptionally foundation of our brotherhood that has long existed among Africans within and outside of the continent, which date back to the pre-colonial era till date. Most unfortunate, is the slow pace of response from the South African government to mitigate the outcome of the xenophobic attacks.

    The attacks on foreign-owned shops began after South African lorry drivers started a nationwide strike to protest against the employment of foreign drivers. They blocked roads and torched foreign-driven vehicles mainly in the coastal KwaZulu-Natal province. It comes at a time some South Africans blame foreigners for taking their jobs. This heinous and barbaric act is condemnable. World leaders have also condemned it. The African Union (AU) issued a statement condemning the “despicable acts” of violence in South Africa “in the strongest terms”.

    Nigeria made enormous contributions towards the liberation apartheid South Africa. During the apartheid era in South Africa, Nigeria was one of the foremost supporters of Black South African liberation movements, including the African National Congress. The Nigerian government issued more than 300 diplomatic passports to South Africans seeking to travel abroad. A sizable number of South Africans studied in Nigerian universities, nursing schools, polytechnics and colleges of education on government sponsored scholarship. Nigeria hosted the African National Congress (ANC). Late President Nelson Mandela, on his release from prison, came on a courtesy visit to Nigeria and stated in Kaduna that Nigeria was the first country to make the highest donation to his liberation in the sixties. (Mandela’s Speech on 13th May 1990 in Murtala’s Square Kaduna)

    The struggle took a more dramatic turn during the regime of Generals Murtala/Obasanjo from 1975-1979. The struggle was so strong that domestic awareness was mounted to the degree that many tertiary institutions formed clubs like Youth Solidarity on South Africa. Apart from creating domestic and mobilizing public opinion, young Nigerians contributed from their little pocket monies to the struggle.

    Late Sonny Okosun of blessed memory, a Nigerian musician legend, wrote the hit song “Fire in Soweto” in 1977 to commemorate the 1976 Soweto uprising against white-rule in South Africa. How I wish the “Ozzidi king” was alive! Majek Fashek, a Nigerian musical icon also wrote a song, “Free Mandela” to pressure the apartheid regime to free Nelson Mandela. The Nigeria government sanctioned multi-national companies in Nigeria that violated the economic/trade embargo on the racist South African regime, the local operations of Barclays Bank was nationalized after that bank ignored the strong protests by Nigeria urging it not to buy the South African government bond. Nigeria also nationalized the British Petroleum (BP) for supplying oil to South Africa. And In 1982, the Alhaji Shehu Shagari government urged the visiting Pontiff Pope John Paul II to grant audience to the leaders of Southern Africa guerrilla organisations, Oliver Tambo.

    In international relations and diplomacy, deterrence and retaliatory diplomacy are veritable tools available to countries to achieve their goals and earn respects and prestige from other nations.

    The South African government should be aware of her huge investment in Nigeria and the need to protect Nigerians business in South Africa. South African Airways enjoys monopoly of the Lagos-Johannesburg route as one of its lucrative route; Multi-Choice (DSTV) pay-tv makes its life-line in Nigeria’s over 120 million subscribers’ network base. Nigeria is MTN’s biggest market, with 58 million users in 2018, and accounts for a third of the South African group’s core profit. Stanbic-IBTC, Africa’s largest bank has its footing in the mainstream Nigeria financial systems to mention a few.

    Nigeria government needs to critically review her foreign policy to be in tandem with present day reality and also to forestall a recurrence of this ugly situation from other nations. Victims of the xenophobic attacks should be adequately compensated by the South African government, with an assurance that should attacks will not reoccur.

    • Clifford Ogbeide,

    Ogbeide2000@yahoo.com

  • On Sowore’s travails

    Sir: Recently,  the founder of Sahara group reporter and presidential candidate under the platform of the AAC was arrested for planning a protest tagged RevolutionNow. He was by order of the court kept in custody pending investigations. After months in detention, charges which include treason and cybercrime were brought against him. I hope and honestly do pray that counsel to Sowore would do the needful so that those charges can be thrown out for want of diligent prosecution.

    In law,  treason is a criminal disloyalty to the state. It is a crime that covers some of the more extreme acts against ones nation or sovereign. This usually includes things such as participating in a war against ones nation or country,  attempting to overthrow its government,  spying on its military, its diplomats or its secret services for a hostile and foreign power or attempting to kill its head of state.

    A person who commits treason is called a traitor.

    Now, from the above explanation, would anyone say Sowore really is guilty of treason? For now, it is for the court to decide but that does not take away one’s freedom of thought which brings to my submission that Sowore can’t be seen as a traitor or an enemy of the state. He is only a concerned citizen who feels, like many of us,  that the government isn’t doing enough and should be put on their toes.

    I believe that what he did might at best be seditious rather than treasonable.

    Sedition can be aptly defined as an act,  speech or publication that is done with a seditious intention which has also be defined by the provisions of S.50(2) of the criminal code.

    It provides;

    “A seditious intention is an intention to bring into hatred or contempt or excite disaffection against the person of the president or the governor of a state or the government of the federation; or to excite the citizens or other inhabitants of Nigeria to attempt to procure the alteration, otherwise than by lawful means, of any other matter in Nigeria as established by law;  or to raise discontent or disaffection amongst the citizens or other inhabitants of Nigeria; or to promote feelings of ill-will and hostility between different classes of the population.

    One would be tempted to think that the reason the charge of treason as against sedition was brought against Sowore is for the sole aim of putting him away for a long time.

    Sowore and others like him represent the mighty opposition while the rest of us are mere commoners. We can never be heard unless we are united and speak with one voice.

    • Kekemeke Opakemiyentimi Joshua,

    Ibadan.

  • Stranger returns

     

    By Robert Egbe

    The tall man’s hair was not really dark. It was still wavy, but not as dark as I thought it was, the last time he visited this Lagos courtroom.

    Now that he sat four steps away, on one of those long, narrow benches in a well-lit corner near the locked double doors, I observed him at close range. The strands were brown and a little glossy, like they reflected the fluorescent lights above our heads.

    The low cut afro-textured hair of the teenage-looking man beside him did not seem to catch the light the way his did; the only brightness from the fellow was his sky blue and green polo shirt tucked into his black jeans.

    Perhaps shimmering hair was a Caucasian or Asiatic thing?

    This stranger, after several appearances in court, had to be less of a stranger now, but he still favoured subdued outer clothing: black suit, dark shoes, sky blue or white shirt and a navy blue tie.

    This time round, I saw his socks: they were dark too.

    The Danish flag – a white cross on a red background – was on a lapel pin above the right pocket of his suit.

    He was not the only Scandinavian in the room. Two others – an older man with greying, crew cut hair and an elderly bespectacled woman – sat on similar long benches nearly opposite him on the other side of the courtroom.

    This other man’s appearance contrasted stranger’s in several ways: Aside the obvious age difference, there was nothing regal about this other gentleman.

    Despite his horn-rimmed glasses and gentle mien, he looked like a man comfortable with not tucking in his shirt, like someone who worked with his hands. Perhaps he was an engineer?

    So, it seemed a little odd that his jaded white shirt, folded at the elbows, was properly tucked into brown khakis.

    You would not know it by merely looking at him, but he had a trick up his sleeves.

    One day, he got into a war of words with a reporter from a television station. Everyone was surprised when he allegedly threatened to smash the man’s video camera in Pidgin English and Yoruba.

    The woman’s unkempt brownish blonde hair was greying in full force but her eyes were kind, the way grandmothers’ often are.

    I did not know if she had grandchildren, or if she were  a Russian. But if she were, they would call her babushka.

    Babushka held tightly to the handbag on her laps, like she was suspicious of the world.

    Her silk gown was a very light shade of pink, probably a flamingo, and it almost reached her ankles.

    But it was also untidy and crumpled, like a bargain buy from a roadside second hand clothes seller.

    One of the buttons around her bosom area had come undone. She was not wearing a brassiere.

    READ ALSO: The man who called a lawyer ‘idiot’

    The sight was…not sightly.

    I thought she would be mortified to find out and I wondered if it was my duty to alert her.

    I looked away.

    The third Dane stood in the wooden dock, listening quietly as the witness in the opposite box firmed up a double-murder charge against him.

    The prosecution alleged that this Dane, in a fit of rage, murdered his wife and their three and a half year old daughter.

    Stranger also listened quietly, but he seemed a little distracted.

    He also looked a little flustered, like someone who slept poorly the night before. Or could it be jet lag? He did have five African countries to oversee.

    Once, he brought out his glasses and put one tip of a temple in his mouth.

    Another time, he crossed his legs, checked his phone, and uncrossed them.

    A plastic bottle of Coke was on the floor beside him, but it was the bottle of water in his hand that I saw him drink from.

    Soon after, he rose and switched to the red folding seats on my row.

    He did not linger when the day’s proceedings came to an end.

    I looked towards babushka as I rose to leave too.

    Thankfully, her dress front was in order.

     The first part of this Reporter’s Diary ‘Stranger’ was published in The Nation Newspaper of April 16, 2019. It can be found online at https://staging.thenationonlineng.net/stranger/

  • Sanwo-Olu approves more courts for Lagos

    Lagos State Governor Babajide Sanwo-Olu yesterday said he had approved the completion of the combined High and Magistrate Courts in Ajah.

    He said the court would be completed and handed over to the Lagos State Judiciary soon.

    The governor, who was represented by his deputy, Dr. Obafemi Hamzat, spoke yesterday at a special service at the Central Mosque on Lagos Island to kick off the Lagos State Judiciary 2019/2020 legal year.

    Another service was held simultaneously at the Cathedral Church of Christ, Marina, Lagos Island.

    Both services had in attendance a large number of High Court judges, magistrates, and officials of the State Judiciary.

    Sanwo-Olu assured the judiciary of support and cooperation to ensure the successful implementation of programmes initiated by Chief Judge, Justice Kazeem Alogba.

    It was imperative, he explained, to further consolidate the “primus position of the Lagos Judiciary in the Federation”.

    He added: “The judicial sector plays a critical role in ensuring law and order through the protection of rights of all citizens irrespective of status and stature.

    “We will, therefore, work with you and do our utmost to provide solutions to the challenges that may constitute obstacles to effective, efficient and impartial justice delivery in Lagos State.

    “I have approved the completion of the combined High and Magistrate Courts in Ajah. In a few months’ time this multipurpose court would be completed and handed over to the Lagos State Judiciary”.

    Responding, Justice Alogba thanked the governor for the support, stressing that the executive has been a pillar of support since it’s assumption of office.

    The Chief Judge said he met with the Controller of Prison in the state about prison congestion and that the judiciary under his watch would not contribute to the scourge.

    He also promised to pursue community sentence and restorative justice.

    Alogba admonished Judges and Magistrate not to drift away from the path of righteousness, stressing that they should deliver judgment with the fear of God.

    He also advised lawyers to present their cases with the fear of God, reminding them that it’s what they present that Judges would use to determine cases.

    “Temptation will come but if you hold on to God you will surmount all temptations”

    The guest lecturers, Dr. Marufudeen Shittu and Imam Babatunde Alfa-Nla admonished Judges and Magistrates to research and pray for Allah’s wisdom to be able to deliver justice with the fear of God.

    At the church service, Diocesan Bishop of the Lagos Church of Nigeria Anglican Communion, Rt Rev Humphrey Olumakaiye, urged Judges and Magistrates to ensure a fair and equitable dispensation of justice.

    Olumakaiye made the call at a prayer service to mark the beginning of the new 2019 to 202 legal year, for the state judiciary.

  • Ogun Judiciary to go digital, says Abiodun

    Ogun State Governor Prince Dapo Abiodun has pledged to digitalise the judicial sector to ensure effectiveness, efficiency, and quality service delivery.

    The new development, he said, would ease the tasks of judges and significantly improve administration of  justice.

    Governor Abiodun stated this while flagging off the commencement of the 2019/2020 Legal Year for members of Bar and Bench at Cathedral Church of St. Peters, Ake, Abeokuta.

    The event featured award presentations including “Magistrate of the Year, Integrity Award, Most Distinguished Registrar of the Year, Clerical Officer of the Year, Confidential Secretary of the Year, Gardener Officer of the Year, Utility Officer of the Year, Driver of the Year, Most Outstanding President of the Year, Bailiff of the Year and Best Dressed Officer of the Year,” among others.

    The governor noted that maintenance of law and order and the administration of justice were complementary.

    He said since both were key requirements for assuring the health of the body polity and for the attainment of the good society, he would do everything possible to uphold the rule of law and justice for all.

    Abiodun recalled that at the inauguration of his administration on May 29, he promised the people that he would be fair, just, equitable, inclusive  and obey the rule of law.

    He maintained that he was irrevocably committed to providing a just, free and egalitarian society which guarantees a continued development of the state, and a more abundant life for the people and for those who have made the state their home irrespective of gender, geographic location, economic stratification, political and religious affiliation.

    ”I have been a beneficiary of the judicial system, and coming to public service and as a governor, I see my service as a calling to uphold the cause of justice and continued development of the state, in particular and humanity in general.

    “Let me use this opportunity to reaffirm my promise to the entire people of the state that, you will always find in me conduct of “ Omoluabi” expected of “Omo Teacher”, I will govern with character, diligently and sincerely”, Abiodun pledged.

    In her address, the Chief Judge of the State,  Justice Mosunmola Dipeolu urged the bar and bench to embrace the new legal year with “hope, aspiration, new vision, zeal, positive outlook and resolve to succeed more this year than the past years”.

    She said that legal profession had benefited from Ogun state indigenes who had served honourably at the bar and the bench at national and international levels, noting that the state to its credit, had produced two Chief Justice of Nigeria (SJN), Justice Adetokunbo Ademola who was the first indigenous CJN and Justice George Sodeinde Sowemimo.

    She added that award ceremony was incorporated into this year Legal Year activities to encourage staff that have distinguished themselves in different categories and to also motivate others.

    The Bishop of Egba West, Rt. Rev. Samuel Ogundeji admonished the legal practitioners to be impartial, unbiased, when dispensing justice.

    He told them that as the last hope of the masses and they should not hesitate to deliver judgment in accordance with the rule of law and fear of God.

    He said the role of Judges could not be overemphasized as the people are looking up to them for justice and equity, saying that they need to deliver judgment without fear or favour and also the evidence being provided before them to be genuine ones.

    He also admonished judges and magistrates to be cautious when issuing warrant for searches and  arrests to the police, reminding them that “everybody will be answerable to his/her deeds before God Almighty”.

    Dignitaries, traditional rulers and government functionaries that grace the event are the Paramount Ruler and Alake of Egbaland, Oba Aremu Adedotun Gbadebo, the Paramount Ruler and Awujale of Ijebuland was represented by Dagburewe of Idowa, Oba Yunusa Adekoya and the Akarigbo and Paramount Ruler of Remoland, Oba Adewale Ajayi; The Secretary to the state government, Mr. Olatokunbo Talabi, Chief of Staff, Mr. Salis Shuaib among others.

  • Still on the nation’s hell highway

    The song by the late Robert Nesta Marley Those who feels it knows it would best capture the daily agonies of motorists on the Lagos-Ibadan expressway in the last three weeks. In a country where public health issues count for nothing, guess it’s futile to begin to talk of the metrics of the slow, agonising death daily visited on thousands of motorists all in their bid to move from one point on the segment under construction to another.

    Last Friday was yet another experience like no other. From Arepo, a settlement along the expressway to Matori, Mushin, a distance of 31 kilometres took five whole hours of driving time to cover!  A vehicle laden with Automotive Gas Oil, had, earlier in the day, fallen spilling its contents by Otedola Bridge, near Berger, Lagos. The result: several hours total lockdown of traffic on both sides of the freeway!

    The obviously overwhelmed officials were a sight to behold. In the end, professionalism was not only in short supply, synergy was the last thing anyone thought of hence an accident scene became more like a market scene thus anarchy was allowed to rule!

    Our situation is truly pathetic. We have an army that has a corps of engineers; yet the leadership is yet to fathom ways of bringing their services to bear whenever emergencies pop up. A Federal Road Safety Corps that would rather print plastic cards for motorists yet would remain a non-starter in matters of search and rescue infrastructure.

    We are truly a joke!

  • Data protection: Beneficial character of privacy policy

    ONYINYE NWABUZOR writes that the Nigerian Data Protection Regulation (NDPR) imposes a duty on entities to inform data subjects of the reason for collecting their private information. It also gives data subjects the right to private action where there is a breach of the right

    This is the eighth month since the National Information Technology Development (NITDA), issued the Nigerian Data Protection Regulation (NDPR).

    Article 2.5 of the NDPR places an obligation on public and private entities who deal with personal information (PI) to publish privacy policy on the medium through which they collect personal information.

    This privacy policy is meant to be published three months from the issuance of the regulation. The policy should contain the items listed in Article 2.5 of the NDPR. These items include:

    1. a) what constitutes the Data Subject’s consent; b)  a description of collectable personal information;
    2. c) the purpose of collection of Personal Data; (d) the technical methods used to collect and store personal information, cookies, JWT, web tokens etc.; (e) the third parties(if any) that have access to PI and the purpose of their access, among other things.

    Diadem LP Lawyers and Consultants conducted a research on 50 entities across Lagos, Nigeria and only 10 out of these 50 had a privacy policy published on mediums through which they collected PI.

    Most of the entities that published privacy policy are financial services entities that did that to comply with international best practice on securing PI, so as to have a mark of quality their clients can trust.

    It is important to know that not having a privacy policy is a ground upon which NITDA can bring a regulatory action against you.

    Under article 2.10 of NDPR an entity that is found to be in breach of the data privacy rights of data subjects can forfeit up to N10 million. In addition to this, the data subject can avoid doing business with you for fear of lack of protection of their PI and the possible consequences of it.

     The need to protect privacy online

    Privacy of PI is a concern for the informed and uninformed African online users.

    Privacy online gained global recognition through well published news of personal data breaches in Europe and USA and this awareness has trickled down to Africa, driven by the ubiquity of the internet and its use via mobile phones.

    Secondly, the European Union issued the General Data Protection Regulation (GDPR) in May 2018 and the scope of this regulation covers online businesses that offer services to European citizens, whether the business is domiciled in Europe or not Article 3(2)(a)(b) GDPR.

     Ubiquity of Information on Data Protection

    Many European and American citizens are well aware of the activities of cyber criminals, the presence of personal information trading and the requirements for the movement of their personal information handled by controllers.

    The information on the news relating to the responsibilities placed on data controllers and processors under the GDPR are put on their faces almost on a daily basis.

    There is also the prevalence of identity theft and impersonation leading to loss of money and integrity.

    The ubiquity of such information promises to make the average citizen of these countries, enlightened about their fundamental rights to privacy relating to the processing of their personal information and the responsibilities on the controllers and processors of this information.

    This enlightenment empowers them to make informed decisions about the entity to deal with in terms of buying goods and receiving services from.

    One of the first points of call when making a decision on the entity to deal with is checking their ‘privacy policy’. Does your entity have a ‘privacy policy’? If your entity is really interested in doing business in the competitive world stage, you need to look into it your IT landscape and prepare a privacy policy.

    The beneficial character of privacy policy in business

    A privacy policy has both attractive and repulsive features/characteristics. On the one hand, it attracts potential customers who see it as a mark of quality that assures them that measures are in place to protect their personal information.

    They expect to see why you will collect their personal information, what you will do with it, how you will process it and if there are third parties going to be involved in further processing, what rights they have and the fact that your actions relating to the processing of their personal information are controlled by law.

    On the other hand, having a ‘Privacy Policy’ is repulsive in the sense that it discourages data subjects to run to the court for relief of a breach of the NDPR.

    Either way, having a privacy policy works for the interest of Nigerian businesses seeking to offer services to Nigerian citizens and citizens of Europe.

    Conclusion

    In January this year, the Supreme Court of the State of Illinois, USA enforced individual’s rights to privacy and control over their PI, in the case of Rosenbach v Six Flags Entertainment2019 IL 123186.

    In that state, the Biometric Information Privacy Act (740 ILCS 14/1 WEST 2016) imposes restrictions on how private entities collect, retain, disclose and destroy biometric identifiers.

    The law gave persons aggrieved by the violation of the Act, a right of action against the offending entity.

    A mother of a school child brought an action against a park for collecting the PI of her child without informing her and getting her consent. The court granted her prayers.

    Following this trend, it will only take citizens of Nigeria to be aware of the new NDPR for private actions such as this to flood the courts since the NDPR imposes a duty on entities to inform data subjects of the reason for collecting their PI (Article 2.1 (a)) and also gives data subjects the right to private action where there is breach of this right (Article 4.2(1)). One of the ways around this is to prepare and publish a privacy policy.

    Nwabuzor is a partner at Diadem LP Lawyers & Consultats. 

  • PEPT: ‘Court is duty bound to examine tendered documents’

    A Senior Advocate of Nigeria (SAN) Jubrin Okutepa examines the Court of Appeal decision on the Presidential Election Petition brought before it by the Peoples Democratic Party (PDP) Presidential candidate, Atiku Abubakar.

    On September 11, 2019, the Court of Appeal as Presidential Election Petition Tribunal delivered a unanimous judgement in which their lordships dismissed the petition of Alhaji Atiku Abubakar and that of his party PDP against INEC, President Muhammadu Buhari and APC for lacking in merit and for lack of proof as required by law.

    In arriving at the unanimous decision the Court of Appeal considered many issues raised and arrived at conclusion which in my view was correct given the state of our law. Be that as it may, I think some of the issues raised and considered in the judgment need to be critically looked at and possibly a review of the stand taken be corrected if we are not to discourage parties who lost elections from taking their grievances to the tribunals which have been created to resolve electoral disputes.

    For instance, I do not with respect agree with the position of their lordships on the point that public documents duly certified must per force be tendered by the makers before it can command evidential value. Why should the maker of public documents be called before it can command evidential value in our courts and in electoral justice.

    How do you expect staff of INEC to accept coming to give evidence against INEC.

    On this issue of calling the makers of public documents to tender them, it is my submission that certified copies of public documents can be tendered and acted upon in line with the decision of the court in Salami vs Ajadi (2007) LPELR – 8622 (CA), where it was decided that public documents can be tendered by the person to whom they were issued to.

    This is so because section 83(1) of the Evidence Act 2011 that requires the maker of a document to be called is not an absolute provision.

    It allows some exceptions in the proviso to subsections 1 and 2 thereof. One of the exceptions is on the ground of undue delay. Thus in Igbodim vs Obianike and Ors (1976) LPELR- 1448(SC) it was held that documentary evidence can be admitted in court through any witness by consent or without objection under section 83(2) of the Evidence Act.

    Furthermore, section 98(1)(b) of the Evidence Act has made it unnecessary to call the maker of certified true copies of public documents. This is what the section says: “A person seeking to prove the due execution of a document is not bound to call the party who executed the document or to prove the handwriting of such party or of an attesting witness in any case where the person against whom the document is sought to be proved –

    (b) is a public officer bound by law to procure its due execution and he has dealt with it as a document duly executed”.

    See also sections 146 and 148 of the same Evidence Act which states that the courts shall presume every certified true copies of public documents produced before it to be genuine.

    Section 52 of the Evidence Act also makes entry in a public book or record admissible and section 20 of the Evidence Act makes statement made by a party in a document adverse to his case admissible.

    A question then may be asked, who is the maker of a public document of considerable antiquities.

    Or who is the maker of INEC voters Register or INEC electoral materials or forms. The maker’s name is not indicated. At best, they are made for INEC by some Unknown human beings and it was the same INEC that by law is obligated to give these documents upon applications within seven days. See section 77 of the Electoral Act 2010 as amended.

    By section 151 of the Electoral Act, the court or Tribunal can order INEC to give all Electoral materials to a party to prosecute, maintain or defend petition as the case may be. Again by section 31 subsection 5 of the Electoral Act 2010 as amended, any person who had reason to believe that information supplied to INEC by a candidate in an election is false can apply to INEC for the copy of form CF 001.

    Normally public documents are usually given following the procedure permitted by the Evidence Act for public documents.

    So if the laws allow certified public documents to be applied for and tendered even from the Bar why are our courts insisting that such documents must be tendered by the makers before it can command evidential value. There is no doubt that elections materials can be produced based on orders of court for inspection and for certified true copies to be made. See section 151 of the Electoral Act. In some cases INEC produced these documents and give based on the orders of courts or Tribunal. In some cases INEC may admit the existence of these documents.

    In the case of case Asafa Foods Factory Ltd vs Alraine (Nig) Ltd and ors (2002) 12 NWLR (Pt. 781) 353, it was held that where a defendant admitted a document pleaded by the plaintiff, the document is regarded as proved but the plaintiff must still tender the document at the hearing so the court can interprete it correctly.

    In that case the defendant cannot object to the admissibility of such document as it is already admitted.

    It is my submission that a public document duly certified and all necessary processes followed for its certification can be tendered by the person to whom it was issued and or can be tendered from the Bar and any witness can be shown the documents to relate it to the aspect of the case for which the document was procured for. The decision that such documents must be tendered by the maker before it can command evidential value is contrary to the Evidence Act and the interest of justice.

    Election petition requires that justice be done without undue technicalities. There is no doubt that electoral attrocities being perpetuated by political hooligans has held our democracy in the jugular and this should not be further encouraged by decisions that can derail our democracy.

    In most cases INEC staff who participated in the conduct of elections are usually not seen. In some other cases, most of them will not want to appear to give evidence against their employers.

    Why then do we demand that makers of INEC documents be called before weight can be attached to the documents.

    On the issue of dumping which is acquiring unacceptable notoriety of injustice, I submit that except documents written in language other than the official language of the court, the court should be able to read the documents as long as the parties relate them to the aspects of their case to which the documents relate.

    There is no need to start leading oral evidence thereto.

    In the case of Dr Agagu vs RAHMAN Mimiko and Ors (2009) 7 NWLR (Pt. 1140) 34 at 424 E-H to 425 A, Abdullahi P.C.A (as he then was) had this to say on dumping in election matters:

    “The contention of the learned senior Counsel for the appellant that no modicum of oral evidence in chief was produced on the documents is erroneous. The provisions of the Election tribunal and court Practice Directions dispensed of oral evidence-in-chief. The witnesses are to enshrine their evidence-in-chief in depositions which will be adopted at the trial by the deponents who will then be cross-examined and be re-examined. See Paragraph 4(1) and (3) of the Practice Directions which provides as follows:

    “4(1) Subject to any statutory provisions or any provisions of these paragraphs relating to evidence any fact required to be proved at the hearing of a petition shall be proved by written deposition and oral examination of witnesses…

    (3) There shall be no oral examination of a witness during his Examination-in-Chief except to lead the witness to adopt his written deposition and tender in evidence all disputed documents or other exhibits referred to in the deposition.”

    Also in case of Terab vs Lawan (1992) 2 NWLR(Pt.231) 569, it was stated as follows:-”But one has to bear in mind the nature of Forms EC8A and EC8B as exposed in Decree No. 50 of 1991. The two forms are to show the polling station, the code number, the ward and the Local Government Area they relate to. They are statutory forms and when tendered give full and conclusive information needed for a polling unit. A petitioner who tendered them in proceedings has by so tendering them given all the relevant evidence which is discoverable from the forms.

    Is it reasonable for a tribunal to expect that when a Form EC8A or EC8B is tendered, the party tendering either will have to read the contents of each form to the court as further evidence? I think not. The forms themselves carry bold information to the polling units to which they relate.

    They can, therefore, be easily linked with particular areas and facts pleaded. It is a misapplication of the principle in Duriminya v. C.O.P. (Supra) to expect the petitioner to come and read a fresh to the court the same evidence already contained in the exhibits which were tendered and received without objection. The tribunal erred seriously by failing to see that forms EC8A and EC8B are statutory forms complete on their own as to their source and purport and which cannot therefore be equated with ordinary documentary exhibits.”

    It is my submission that where Petitioners in election petition cases tendered in evidence the certified true copies of the voters register as well as the various forms used by INEC in conduct of election it will be a grave disservice to justice and putting roadblocks to justice to require such Petitioners to call makers of the forms and then be giving oral explanations of the documents before the court can give justice.