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  • Stray bullet kills APC leader at Oshodi

    A STRAY bullet allegedly fired by a policeman on escort duty on Sunday night, killed an All Progressives Congress (APC) community leader at Shogunle, Lagos.

    The man, identified as Waliu Daudu, was said to have been hit at the back of his head by a bullet allegedly fired by the policeman.

    It was learnt that the incident occurred in front of the deceased’s 1, Bello Street, Shogunle, home when he was unpacking the chairs, tables and canopies he rented to the Celestial Church of Christ (CCC), Oshodi Parish, whose harvest, the policeman’s principal, a pastor in another CCC parish simply identified as Genesis, had attended.

    Genesis was said to be a visiting pastor and one of the special guests at the harvest.

    The policeman was said to have fired the shot around 8pm at Oluwani/Odalume Street to scare hooligans who had allegedly attempted to harass his principal when they were leaving the venue.

    However, another account of the incident said the bullet hit Daudu at the venue, but was only noticed when he fell in front of his home at the next street while unpacking the chairs, tables and canopies.

    The Nation gathered that the police have arrested the Shepherd of the CCC Oshodi Parish, Superior Evangelist Z. Alabi, in order to get information about the guests invited and those who brought police escorts.

    It was learnt that police investigation would ascertain whether the policeman was on lawful duty and if ‘Pastor Genesis’ was entitled to police escort.

    At Daudu’s home on Tuesday, his widow, Yemi, was inconsolable, as relatives and sympathisers consoled her.

    The woman, who could barely speak, was overheard lamenting about the fate of her four children- Habib, 12, Basita, 9, Basik, 6, and Ali, 2.

    She said: “I don’t understand what is happening. I am still confused. I do not know what to do. I was with my husband till 6pm on Sunday when he said he wanted to go and pack his chairs, tables and canopies.

    “Then I went to my shop at 20, Bello Street, Shogunle and it was while I was there that someone called to ask me where my husband was. I told the person he went to work and the person said okay.

    Read Also: APC will rule Nigeria beyond 2023, says Oshiomhole

    “A few minutes later, a man was making call near my shop and I heard him saying that a policeman’s bullet had killed Daudu that owned a rental service. He said the man fell in front of his house. Then I ran and held the caller to explain what he was saying.

    “I rushed home and truly, my husband was lying in a pool of blood in front of our house. “My husband was a quiet and peaceful man. He was hard working. He also worked as an estate agent.”

    The woman’s sister, Rashidat, said policemen came to their home around 8:30pm and removed the body.

    She said the family was worried and would appreciate it if the body could be released so that Daudu would be buried accordance to Islamic rites.

    “I appeal to the government to give the deceased’s children scholarship so that their father’s wish for them to be educated will be fulfilled,” Rashidat said.

    The Nation learnt that the Oshodi Local Government chairman of APC, his deputy and other party members in the area visited Daudu’s home yesterday to commiserate with the family.

    Condemning the incident, the Committee for the Defence of Human Rights (CDHR) in Oshodi demanded the immediate withdrawal of all policemen on VIP duties.

    It urged Police Commissioner Zubairu Muazu to ensure that the suspect is prosecuted.

    Spokesman for the command, Bala Elkana, a Deputy Superintendent of Police (DSP), said investigation was on to ascertain the identity of the policeman, after which action would be taken.

    He said at the moment the command was yet to establish who the policeman was and where he came from.

     

  • ‘AMCON’s relationship with courts is unconstitutional’

    Very unusual things are happening in Nigeria today. A lot of people are taking leave of their sense of propriety. Unfortunately, the prevalence of wrongdoing in society has become so regular that irregular events are now appearing as normal.

    Nigeria is at a crossroads. It is battling to ascend from the primitive stage of lawlessness, to the lowest level of the existence of the RULR OF LAW. Even at this low level of the Rule of Law which we are currently, the legal system is struggling to accept the fundamentals of its operation as the minimum standard.

    Nigerians continue to wonder why a country with such great potential and probably the largest market in Africa is unable to attract foreign investments. Investors prefer to go to countries with less potential for profit than come to Nigeria. The reason is obvious; very few people are comfortable with our scant regard for the Rule of Law. Recently, the United States Ambassador, to Nigeria, Ambassador Stuart Symington made the following statement:

    “What many consider as the great corruption is stealing of money; but what to me is the great corruption is when people are deprived of justice, when you do things without regards for the rule of law.”

    In recent times, certain persons have found themselves in very high positions in the structure of justice of Nigeria who are probably not aware of the enormous responsibility that these positions impose on them. As a distant observer of the Nigerian Legal System, I have on many occasions been shocked by the behavioural pattern of some of our judges. On certain occasions, I have felt vicariously belittled by my country as a citizen.

    On one occasion, the retired Chief Judge of the Federal High Court led a team of judges to visit the Chairman of the Economic and Financial Crimes Commission (EFCC) in the office of the Chairman of the EFCC. How could this happen? How can judges go and visit the head of a government parastatal that has reasons to come before it for adjudication of disputes? When I saw it, I was convinced that the National Judicial Council (NJC) was going to take action against Justice Ibrahim Auta. I was really disappointed when no response or even a query came from the NJC.

    Very elementary principles underlie and hold together the idea of Rule of Law. The first is that “no man should be a Judge in his own case.” This principled is enshrined in Section 36 of the 1999 Constitution of the Federal Republic of Nigeria with a long line of case law support from the English case of Dimes vs. Grand Junction Canal (1852) 3 HLC 79 and the Nigerian case of Dr. Alakija vs. Medical Disciplinary Committee (1959) 4FSC 38. The second principle states that “parties to a dispute should each be given a fair hearing.” This principle is equally supported by Section 36 of the 1999 Constitution of the Federal Republic of Nigeria and the leading cases of Garba vs. University of Maiduguri (1986) 1 NWLR Pt 18 pg. 55O SC; and Mai Rai vs.  Bauchi Native Authority (1957) N.R.N.LR. 115 at 116.

    I thought the very worst was over when Justice Ibrahim Auta retired from the Federal High Court. My fears were however further assaulted and insulted by the recent actions of some judges in the Nigerian Judicial System.

    It has come to my knowledge that Asset Management Corporation of Nigeria (AMCON) now has regular interactions with judges of the Federal High Court and the Court of Appeal. How is this imaginable? This interaction is coordinated by the National Judicial Institute (NJI). How is this feasible? How can AMCON, who is litigant before these judges, be together in a seminar to discuss ways and means of accelerating AMCON’s recovery of debt in the absence of the other party? Is AMCON not a litigant before these esteemed judges? We have to remember that, for these judges who really feel that their conscience is clear, it is really about justice being “seen Ajayi & Ors. vs. Zaria Native Authority (1963) 1 A.N. L.R 169 at 173 R. vs. Sussex Justices exp. MC Cathy (1924) 1KB 256”.

    Apparently the immediate past Chief Judge Hon. Justice Adamu Kafarati obviously continuing in the very wrong example of his predecessor saw nothing wrong with this. The Punch Newspaper of September 22nd 2018 quoted the Chief Judge of the Federal High Court as follows:

    “Justice Adamu Abdul Kafarati has reiterated the need for judges in the country to support the debt recovery efforts of the Asset Management Corporation of Nigeria since it was established as a central element of the government’s response to financial crisis in the country.

     Justice Kafarati made the remarks on Friday at the National Judicial Institute, Abuja when he addressed Federal High Court Judges at an interactive session between NJI, AMCON and the judges.”

    How is this possible in an adversarial system? The assault on the legal system did not end there. A photograph was taken which is reprinted above where the Chief Judge of the Federal High Court was flanked by Ahmed Kuru the MD of AMCON and Justice (Rosaline) Bozimo, the head of National Judicial Institute here siting together after the seminar. I can understand that Ahmed Kuru may be misguided about the Constitution of Nigeria, but I cannot offer any explanation for the two learned men who sat down to take a picture with a litigant. This is a monumental scandal under the Common Law system we are purporting to operate in Nigeria.

    To worsen this anomalous situation, the judges are required to explain their decisions to an audience which includes AMCON’s external solicitors and their staff. I am also informed that Senior Advocates of Nigeria also participate in these inglorious seminars. It is my submission that any Senior Advocate that has participated in this charade is not entitled to the honour of the status. Such an advocate is totally unaware of his responsibility to the legal system of Nigeria.

    It is abundantly clear that AMCON has induced a serious violation of the constitution. It has violated the clear principle of fair hearing. No judge who has participated in any of this AMCON interaction can now preside on any matter that has AMCON as a party.

    We cannot allow the hallowed principles of law which are elementary, if we are going to have a society guided by the rule of law to be violated by AMCON.

    We call on the National Judicial Council to rise up to responsibilities and sanction every judge that has participated in this farce, we expect that the appointment of the new Chief Justice of Nigeria, and Chairman of the National Judicial Council will usher in a new era of complying with the rule of law in Nigeria.

     

    • Bature writes from Abuja

  • Wanted: A new transportation roadmap for Lagos

    As the new Transportation Commissioner and his team settle down in Lagos State, experts insist it is time for a new road map, writes ADEYINKA ADERIBIGBE

    You have to read a lot. You can’t do this business without reading. I welcome you to a life of service to your nation and state. Forget about prayers, it is what you do that matters. You have signed up for a difficult job but it is a noble undertaking to serve your people. You have to prove you deserve to be here …”

    These are former Lagos State Governor Babatunde Fashola’s words at the closing ceremony of Lagos exco members’ retreat on Saturday.

    Fashola, like other resource persons selected to charge the 2019 class of commissioners, special advisers and permanent secretaries, reminded them of the huge challenges ahead, and the need to gear up and translate the vision of Governor Babajide Sanwo-Olu of returning a prosperous, smart and healthy state to Lagosians within 48 months.

    With a population of 26.6 million, according to the state Bureau of Statistics, and an economy estimated to be the fifth largest in Africa, Lagos State, which is Nigeria’s financial capital, is reputed to have become a victim of its success story as a ‘working and prosperous’ city-state.

    One of the critical areas in which Lagosians may judge the impact of the Sanwo-Olu-led administration would be transportation.

    THEMES

    The governor, in his inaugural speech, unveiled six focal areas aptly called THEMES with transportation and transport safety and systems topping the list of priorities.

    Barely 24 hours in power, Sanwo-Olu signed an Executive Order declaring zero tolerance on traffic congestion, mandating more efficient traffic management, and road rehabilitation by the state’s Public Works Unit aimed at the removal of potholes, as well as the clearing of all drainage channels of impediments.

    The appointments of Dr Frederic Oladeinde and Mr Oluwatoyin Fayinka as Commissioner for Transportation and Special Adviser on Transportation elicited excitement among stakeholders of the sector.

    Oladeinde, a United States-trained transportation expert, holds a doctorate degree in Transportation Planning. He was until his appointment the Executive Director, Corporate Planning, at the Lagos Metropolitan Area Transport Authority (LAMATA). They are to be assisted by a new Permanent Secretary, Mr Olawale Musa, who was the General Manager of the Lagos State Traffic Management Agency (LASTMA).

    Before their appointments, intra-city travels was a nightmare, with experts saying Lagos had been seized by the worst  of road crisis.

    A former Commissioner of Transportation, Comrade Kayode Opeifa, described the past four years as the “years of the locust”. He said they were years when transportation collapsed.

    The new team will deploy solutions to resuscitate the comatose sector.

    Fashola admitted that the Sanwo-Olu administration was coming at a time the state is most challenged, with transportation  the weakest link in the chain.

    The saving grace, he said, is that the challenges are surmountable, challenging the governor and his team to perform the magic. He advised the administration to prioritise the blue light rail.

    Dilapidated roads

    Almost all the 700 road networks in the state are in various stages of dilapidation with the three asphalt plant production centres at Ojodu, Imota and Badagry abandoned. A Ministry of Transportation official, who craved anonymity, claimed the former governor abandoned road maintenance for legacy projects.

    The change in the transportation masterplan in the last four years saw the delivery of the Jubilee flyovers at Ajah and Abule-Egba, 24 roads and six bridges in Alimosho, and about 171 inner city roads.

    Hanging are the Oshodi interchange and terminals, the six other terminals at Maryland, Yaba, Agege, Ojodu-Berger, Maryland and Obalende, the Agege Flyover Bridge, and the Oshodi-International Airport Road and ramp, as well as the remodelling of the Abule-Egba-Oshodi Expressway with median BRT lane.

    Safety Without Borders Executive Director Mr Patrick Adenusi said though former Governor Akinwunmi Ambode’s most profound legacies were executed in the transportation sector, the same sector became his nemesis as Lagosians had the worst travel experience.

    He wondered why the government would abandon the Blue Light Rail, despite being at about 70 percent completion stage since the Fashola era. He said the train meant to move on the Mile 2-Orile-Marina corridor would have redistributed traffic.

    Expectations

    Experts say one of the priorities of the commissioner and his team is resuscitating LAMATA and restoring it to its pride of place as the Special Purpose Vehicle (SPV), coordinating the government’s policies, programmes and interventions in public sector transportation.

    They argued that the blurring of the line of demarcation between LAMATA and the ministry in the past led to the friction that affected the sector.

    “While the ministry formulates policies LAMATA in the past was coordinating the implementation in line with best global practices,” a senior staff member of LAMATA said, expressing the hope that with a former LAMATA staff member in the saddle, a return of that tradition might not be long in coming.

    Former Dean, Lagos State University School of Transportation (LASU-SOT), Dr Tajudeen Olukayode Bawa’Allah, gave the new helmsmen three mandates – infrastructure renewal, policy implementation and professionalisation of the ministry.

    Decrying the absence of alternative routes across Lagos, the nonagerian charged the government to prioritise alternative roads, especially along arterial roads and from the interland or inner cities to link the urban centres.

    Citing the recent shut down of Mile 12 by the Public Works Corporation (PWC) for repairs, he said the absence of alternative roads from Ikorodu shut many people out of Lagos as their only link was shut down for repairs.

    “That chaotic experience was avoidable if the government had constructed alternative roads,” he said.

    Bawa’Allah called for the prioritisation of the Mile 12-Ishawo-Isheri Road, which links the Lagos-Ibadan Expressway, which was 70 percent completed by the Fashola-led administration, but abandoned by the succeeding administration.

    He also called for the construction of the Fourth Mainland Bridge, which was also abandoned by past government.

    He charged the commissioner and his team to push for the actualisation of the transportation policy, the first by any state government.

    He said the approval of such a policy would change the face of the transportation sector.

    He urged the government to sustain the professionalisation of the ministry.

    “The Lagos State government has professionalised the Ministry of Transportation, just as it has done for the Ministry of Health and the Ministry of Justice. Instructively, this has been adopted by the National Council on Transportation and other states are copying it.

    For the Dean LASU-SOT Prof Samuel Odewunmi, the first critical task for the commissioner should be the sustenance of efforts to palliate all road networks in line with the zero potholes policy of the Sanwo-Olu administration.

    According to him, the maintenance of the state transport infrastructure should be statutory and not ad hoc or episodic. He called for yearly budgetary allocation for road maintenance.

    For Odewunmi, his second priority for the government should be the completion of Lagos State portion of the Badagry Expressway up to Okokomaiko, with the federal portion up to Agbara and Badagry addressed, in collaboration of state government.

    Describing the corridor as the spinal cord of road travel in Lagos, up to Epe, Odewunmi said as the only international highway into the state through the West coast, it is strategically important to make the corridor attractive, especially for local and foreign tourists.

    Also important, according to Odewunmi, is the sustenance of the drive to clear Apapa of its age-old gridlock. He said a decongested Apapa is in the utmost interest of the economy of the state and the country.

    He called for the speedy completion of ongoing road projects, including the Abule-Egba-Oshodi Expressway as well as the Agege flyover bridge and roads.

    The don also wants completed the Oshodi Interchange and Ikeja terminal as well as the roll out of the Bus Reform Initiative (BRI).

    “All the 850 buses delivered to the government for the BRI project must be put to the roads systematically and not just packed and abandoned by the government,” he said.

    Odewunmi charged the government to build on the Memorandum of Understanding (MoU) signed between the Nigeria Inland Waterways Authority and the government on the waterways to ensure the enthronement of stiff regulations for craft operators on the waterways.

    He called for more steps at intermodality of the road-rail, water and air transportation, arguing that the state has comparative advantage to make success of all the modes of transportation if appropriate parameters are in place.

    Conclusion

    Odewunmi challenged the commissioner to “a matter of urgency develop implementation roadmap for the Transport policy document.”

    He said: “Fortunately, the commissioner is aware of the policy document and was there at several stages of the formulation of the policy. I am aware he may have reservations about some aspects of the policy but he should not jettison it. He could get whatever amendment he deemed fit to improve the policy and implement it, as it was put together by experts who have the best interest of the state at heart.”

    Activating some, or all of these, is the least, Oladeinde and his team could do to prove that their choice at this time is not a a mistake. Lagosians earnestly look forward to a new, reinvigorated sector.

  • Driving poverty alleviation, inclusivity through technology

    With a population of over 1.216 billion people, Africa has more that 500 million people living below the global poverty line of $1.25 a day. Bridging the gap between the haves and have nots through technology was the focus of a forum in Lagos. LUCAS AJANAKU reports

    Nigeria has been described as the world’s poverty capital. This is not for no reason. The gap between the rich and the poor has kept widening.

    A forum was organised in Lagos to braisntorm on how technology can be used to reduce poverty, promote social inclusiveness, improve standard of living and realise the Sustainable Development Goals (SDGs) of the United Nations (UN).

    An indigenous technology firm and technical partner to the Federal Government on the N-Power project, Softcom, which  hosted the  forum, beleives technology is central to poverty eradication.

    Its CEO, Yomi Adedeji, said the firm  was focused on addressing fundamental development issues tied to identity, payment, data and learning. He said these four pillars formed the bedrock upon which any development initiative would rest.

    He said: “For any development initiative to be successful, we have to first solve the issue of identity. This is because a one-to-all approach at solving development issues will make little impact and limit sustainability. Individuals function within economic clusters or communities. It is important to take cognisance of these peculiarities in designing any intervention programme.”

    The theme of the forum was: Combating Poverty: Role of Technology in Driving Social Change in Africa.

    The Senior Special Assistant to the President on Job Creation, Mr. Afolabi Imoukhuede, identified six pillars — identity, digital literacy, education, agriculture, financial services and health — that would facilitate social inclusion and national development.

    He added that strong government participation in policymaking, resource allocation and ecosystem development was required to fast-track development in these areas.

    Imoukhuede lauded Softcom and other partners for their technical expertise in implementing the N-Power project, describing Softcom’s intervention as the ‘eureka’ that brought government’s objectives to light.

    He said: “A traditional method of implementing the programme would have limited enrolment and training delivery to under 40,000 participants; however, with the aid of technology, the programme was able to enrol over 500,000 beneficiaries for the graduate and non-graduate programme across the 774 local governments in Nigeria.

    “Nigeria now has a transparent, replicable and scalable model that can be adopted across all tiers of government and for all types of development initiatives. N-Power will expand into other connected economic clusters that will ensure sustainability and inclusive growth.”

    The critical role technology played in the implementation of the N-Power project from the application stage to selection, training and remuneration processes was emphasised.

    On the platform, Adedeji said: “We designed a platform that guaranteed transparent recruitment, and beneficiary verification, which ensured that no ghost worker existed in the N-Power programme. In addition, the platform enabled effective and seamless multi-stakeholder collaboration.

    In his concluding remarks, Adedeji said: “In order to lift whole communities out of poverty and ensure inclusive growth, our development must be led by data and planning, not just ideas. We must take advantage of technology to identify and enrol our people into the National identity system so everyone can be known and verified; we must democratise quality education, ensuring equal access for everyone, and aggressively drive financial inclusion to ensure that money and the services associated with it are universally accessible.”

  • Lagos State Governor’s wife to fight sexual, domestic violence

    Lagos State Governor’s wife, Mrs Ibijoke Sanwo-Olu has said she has an onerous task of curbing domestic and sexual violence menace in the state.

    She said the First Lady, Mrs Aisha Buhari has directed her to confront sexual and domestic violence frontally in the state.

    “I have the directive of the First Lady of Nigeria to work towards the curbing the menace of domestic and sexual violence in the state,” she said.

    Mrs. Sanwo-Olu disclosed this when members of the Joint Legal Clinic of the Ministry of Justice visited her at the Lagos House, Ikeja.

    The team included the Directorate of Administration-General and Public Trustee; Citizen’s Mediation Centre; Community Service Sentencing; Directorate for Citizens Rights; Office of the Public Defender; Public Advice Centre and Coordinator of Domestic and Sexual Violence Response Team.

    She pledged to support them to preserve and protect the rights of citizens of the state, assuring that her office will intensify efforts at protecting the rights of victims of domestic and sexual violence.

    Mrs Sanwo-Olu urged the Joint Legal Clinic Team to improve on its public enlightenment and sensitisation campaign of the agencies charged with the responsibility of protecting the rights of the citizens of the state.

    While acknowledging the First Lady’s passion for Justice especially for children, Director, Public Advice Centre (PAC), Mrs. Omololu Adesina, who spoke on behalf of the team, said the visit was aimed at seeking partnership with the office of the First Lady in protecting citizens rights.

    “We have seen your passion and drive for a better health care for the children of the state. We are here to seek the partnership of your office with the Ministry of Justice in reducing the rising cases of social vices and anti-social behavior, particularly among the youth in Lagos State,” she said.

    She assured the first lady that the team will double its efforts in sensitising the public on their Rights and create better awareness on the directorates within the Ministry of Justice to consult for support which they can access for free.

  • Omoworare gets appointment, resumes work

    Senator Babajide Omoworare, who was last week appointed Senior Special Assistant to President Muhammadu Buhari on National Assembly Matters (Senate) has since resumed work. Omoworare replaced Sen. Ita Enang, who held the position in the last four years.

    In a statement signed by Omoworare, he said the news of his appointment has been communicated to him. ”Mr. Femi Adesina, the Special Adviser to the President of the Federal Republic of Nigeria has just announced my appointment as an Aide to Mr. President for the National Assembly (Senate). I am grateful to God Almighty and to President Mohammadu Buhari for the opportunity to serve his government as his primary liaison with the Senate

    “I gladly accept this rare and coveted privilege to advance the administration’s legislative agenda, promote its policy priorities in the Senate and foster Mr. President’s constitutional responsibilities in the National Assembly

    “As I resume the helms of President Buhari’s Legislative Office team, I am aware of the importance of ensuring a more productive working relationship between the Executive and the Legislature. I have spent the past two decades working passionately as a parliamentarian, policy strategist, legislative strengthening advocate and lobbyist,”he said

    He continued:“Therefore, it is my sincere, but humble hope that that my knowledge, expertise and network of contacts in the National Assembly will be positive and outstanding resources to my new Office, this adminstration and the Nigerian nation. In pursuit of building further blocks in the Executive/Legislature relationship, I shall lead a team that will rely on the robust experience of the National Assembly leadership as well as the cooperation and cohesion of all the Distinguished Senators and our Honourable Representatives.

    “I also look forward to a mutually satisfying relationship between the National Assembly on one part and Ministries, Departments and Agencies on the other part, as we toil towards accomplishing unparalleled achievements for the Federal Government, as well as guaranteeing good governance for the People of the Federal Republic of Nigeria,” Omoworare stated.

    His profile …

    Mr Babajide Christopher Omoworare was elected Senator for Osun East  Constituency of Osun State, Nigeria in April 2011. He ran on the defunct Action Congress of Nigeria (ACN) platform. He was re-elected into the Senate on March 28, 2015 on All Progressive Congress (APC) platform.

    Born on October 31,  1968, he hails from  Ile-Ife, Ife Central Local Government Area of Osun State. His father was tutor while his maternal gradfather, was the late Ooni of Ife Sir Adesoji Aderemi, who was also a former Governor of Western Region in the first republic.

    Omoworare attended Obafemi Awolowo University (OAU), Ile-Ife, graduating with a bachelor’s degree in law (LL.B.) Hons  in 1989. He went on to the Nigeria Law School  Lagos where he obtained his Barrister at Law (BL) certificate and was called to the Nigeria Bar as a Barrister and Solicitor of the Supreme Court of Nigeria in 1990. He also obtained a Master of Laws (LL.M)  from the University of Lagos, Akoka.

    He started work with the Lagos Law firm of Babalakin & Co. in 1991. He became a notary public and left Babalakin and Co. in 1998 to start his own law firm Omoworare & Co. before joining politics.

    Sen Omoworare successfully ran for election for the Ifako-Ijaiye constituency for  Lagos State House of Assembly in January 1999, running on the Alliance for Democracy platform. He was re-elected in 2003 and became Majority Leader and chairman of the Business Rules and Standing Orders Committee. In the April 2007 national elections, he was the Action Congress candidate for Osun East Senatorial seat. The election was marred by electoral malpractices and violence, and was nullified in October 2009 by the Court of Appeal, Ibadan. Omoworare and Action Congress in Osun State abstained from the rerun election of December 23, 2009.

    In the April 2011 elections for the Osun East Senatorial seat, Omoworare polled 119,852 votes, running on the Action Congress of Nigeria (ACN) platform, ahead of Senator Iyiola Omisore of the Peoples Democratic Party (PDP)  who received 51,315 votes.

    He was  Vice-Chairman, Senate Committee on Federal Character and Intergovernmental Affairs (with oversight functions on some agencies under the presidency).

    He  was  also a member of the following Senate Committees: Rules and Business, Judiciary, Petroleum (Upstream), Health and Sports. His cardinal focus included constitutional reforms (including Judiciary, Police, and Prisons) and youth empowerment.

    As a Senator, Omoworare has sponsored five bills, which included the “Prison Decongestion Bill”, which is now waiting for presidential assent and co-sponsored many other bills and motions. He renovated schools and town halls, gave scholarship, sponsored job clinics, gave UTME and NECO forms to indigent students, organised free summer schools for students, free Family Health Fairs, initiated co-ordination of trade associations into cooperative societies, gave economic and financial empowerment to his constituents.

    He also sponsored 25 youths in his constituency on leadership and exchange programme to the United States, sponsored young Entrepreneurs on United KingdomTI programme to Sheffield, etc. He led other federal legislators from his constituency to construct the multi-million naira Ipetu-Ijesa Waterworks, among several others.

    In his effort to reach out to his constituents, he initiated monthly constituency meetings from one local government to the other within the Senatorial District fom time to time. He also issued AFARA, a Constituency Bulletin. In recognition of his qualitative representation at the Senate and his impactful political participation in the country, he was conferred with a National Honour of the Commander of the Order of the Niger (CON).

    Senator Omoworare is married with children. He is a member, patron, and proprietor of numerous church societies, sports clubs, charity organisations  and Community Development Associations. He is also a Non-Executive Director of some profit and non-profit interests. He is a member of the Nigerian Bar Association (NBA), Commonwealth Lawyers Association and International Bar Association (IBA).

  • ‘Incorporate human rights in governance’

    The National Human Rights Commission (NHRC) has urged new ministers to respect human rights, which are natural components of governance.

    Its Executive Secretary, Dr. Tony Ojukwu, who spoke in Abuja, said this would, among others, help to achieve the Sustainable Development Goals (SDGs).

    “Mainstreaming human rights into government operations can be achieved by ensuring participation and involvement of the people in the formulation and implementation of government programmes, policies and activities.

    “Another way of mainstreaming human rights into government operations in order to achieve the Sustainable Development Goals (SDGs) is through policy intervention encapsulated in a document called National Action Plan for the promotion and protection of human rights in the country.

    “The objective of the agenda setting for ministers is to reinforce the legitimacy of government through human rights approach to governance that is the only time the government will be seen by the people as a people  centred government based on which its legitimacy and continued exercise of authority will devolve,”Ojukwu said.

  • Correctional Service Act: cure or placebo?

    Stakeholders in the criminal justice system have praised President Muhammadu Buhari for signing into law the 11-year-old Nigerian Correctional Service Bill. The Act, which changes the Nigeria Prison Service to Correctional Service, provides the legal framework for the reform of the sector. Is it adequate to spur the urgently-needed prison reforms? ROBERT EGBE asks.

    The trio of Jide, John and Deolu (not real names) were arrested by the police  in Ajah, Lagos State and handed over to men of the Special Anti-Robbery Squad (SARS) in May 2015. Two of them, however, were barely out of their teens, while the third did not look above mid 20s.

    They were subsequently remanded in prison custody, following a Magistrates’ Court order. But the police did not forward their case file to the office of the Director of Public Prosecution for advice on the matter.

    By the time Prisoners’ Rights Advocacy Initiative (PRAI) was aware of their predicament and requested for a legal advice in 2017, they had already spent two years in custody.

    Following a PRAI application compelling Lagos State Attorney-General (A-G) to state why they should not be released, they were charged to a High Court.

    “Upon a perusal of the charge sheet, we noticed that they were charged for being disorderly persons, which is punishable upon conviction with three months’ imprisonment. We filed an application asking the court to discharge them, having spent three years in prison for an offence punishable with three months’ imprisonment.  In response to our application, the prosecution withdrew the charges against them and they were discharged,” PRAI founder Ahmed Adetola-Kazeem told The Nation.

    From Prison Service to Correctional Service

    It is the plight of the three men and others like them, still in custody, that informed stakeholders’ push for prison reform.

    President Muhammadu Buhari, on August 8, signed into law the Correctional Service Act 2019, which repealed the Prisons Act 2018 and changed the Nigeria Prison Service to Nigeria

    Correctional Service. According to Section 2 of the Act, the new law aims at the following: compliance with international human rights standards and good correctional practices; providing enabling platform for the implementation of non-custodial measures; enhancing the focus on corrections, rehabilitation and reintegration of offenders and establishing institutional and sustainable mechanism from the correctional service in response to the problem of high number of awaiting trial persons

    11-year history

    Since Decree No.9 of 1972, which initiated some reforms in the Nigerian Prisons Service, there have barely been improvements in custodial service. The re-organisations of the sector in 1986, 1993 and 1999 were inadequate to solve the problems.

    The Correctional Service Bill was presented and read on the floor of the Upper Chamber in January 2008, by a former senator and current chairman of the Niger Delta Development Commission (NDDC), Victor Ndoma-Egba, in the sixth assembly.

    When the bill was read for the second time in April 2010, Ndoma-Egba hoped it would address fundamental lapses in the Prisons Act.

    He said it would also put in place a framework for the rehabilitation and transformation of inmates and address inadequate funding of prisons.

    Features of the Correctional Service Act

    Aside changing the Nigeria Prison Service to Nigerian Correctional Service, the Act also legalises sweeping reforms in the prisons system.

    The Prisons Act was last amended in 2004, but the new law brings with it novelties – non-custodial service – such as community service, probation and parole.

    In the new law, the goal of the institution will be to correct; reform; rehabilitate, reintegrate all persons legally interned; provide safe, secure and humane custody for inmates; identify the existence and causes of anti-social behaviours of inmates and initiate behaviour modification in inmates through provision of medical, psychological, spiritual and counselling services for all offenders, including violent extremists, and provide support to facilitate speedy disposal of cases of persons awaiting trial, and empower inmates through the deployment of educational and vocational skills training programmes. It will also facilitate incentives and income generation through custodial centres, farms and industries.

    The law also prohibits torture, inhumane and abusive treatment of inmates.

    Stakeholders praise new law

    Prisoners’ Reform and Welfare Action (PRAWA) Executive Director Dr Uju Agomoh who praised the Act, noted that it contained “many positive things”.

    Agomoh said: “In specific terms, the ways the new law will improve the prison system and the correctional service in general include the following:

    Address problem of petty/minor offenders detained in prison custody

    “It will help address the problem of having petty/minor offenders detained in prison custody as these can benefit from the non-custodial service. This will save funds for the government, avoid these low risk offenders being socialised into more criminal culture by high risks offenders and hardened criminals.

    A boost for non-custodial sentences

    Not every offence deserves to be punished by imprisonment. According to Agomoh, the Act will “help fast track the implementation of the non-custodial provisions of the Administration of Criminal Justice Act (ACJA) 2015 and the Administration of Criminal Justice Laws of various states, by providing the needed support in terms of manpower for the supervision of non-custodial sentences across the states of the Federation and the Federal Capital Teritory (FCT) just as we currently have prisons (custodial centres) across these location. With this, it will encourage the courts to issue non-custodial sentences in deserving cases.”

    Management of overcrowding

     Sections 12(4), 12(5), 12(6), 12(7), 12(8), 12(9), 12(10), 12(11) and 12(12) of the Correctional Service Act is targeted at solving overcrowding in prisons.

    Also, the Act provides that ‘’in the event that the custodial centre has exceeded its capacity, the state controller shall within a period not exceeding one week, notify the chief judge of the state, the Attorney-General, the prerogative of mercy committee, the state criminal justice committee and other relevant bodies’’.

    It prescribes sanctions for any state controller, who fails to notify the relevant bodies when the custodial centre approaches full capacity within the stipulated time-frame.

    It also empowers the correctional centre superintendent to reject more intake of inmates where it is apparent that the centre in question is filled to capacity.

    Agomoh said: “It will make the correctional service to take a more active role in helping manage prison overcrowding by having them trigger an early warning system to alerting the judiciary, ministry of justice and other key stakeholders of the inmates population status viz-a-viz the prison capacity to undertake measures to help control the inflow and outflow of inmates in the facility in question.

    Inmates’ mental health provided for

    Section 24 of the Act provides for the establishment of the mental health review board to help review cases of inmates with mental disorder. “This will hopefully help address the problem of the so called ‘civil lunatics’ and ‘criminal lunatics’, who are often detained in prison without adequate review and mental health treatment. This will hopefully help reduce the burden and capacity gap on the service with respect to the management of these persons,” Agomoh said.

    Young offenders’ facility

    The provision of young offenders’ facility in each state is intended to help address the problem of having underaged persons in adult prisons. This is provided under Section 35.

    Self-development

    The Act also provides incentives to encourage inmates participation in training and vocational workshops and reintegration of inmates into the society (example through issuance of good behaviour to deserving inmates) “which will go a long way to encourage good behaviour in the custodial facilities,” Agomoh added.

    Relief for prisons staff

    Nigerian Prisons Service (NPS) Public Relations Officer Francis Enobore told The Nation that the “Nigerian Prisons community received the news of the signing of the Bill into law with excitement and joy because “we all saw it as something that is coming to relieve the service of a lot of excruciating experiences that we have always had, particularly addressing all the perennial problems in the service”.

    Enobore was particularly delighted about the non-custodial and similar aspects of the Act. He said: “To us it does not make a sound meaning if you arrest a street hawker and lock him up in a prison that is overflowing with armed robbers, kidnappers and all those other high profile criminals because at the end of the day you strengthen a street hawker to go out of the prison to become a hardened criminal.

    “So, the signing of this Act by Mr. President is bringing a huge relief to us, the entire prison community because we now know that those, particularly first offenders that have minor infractions, instead of keeping them in prisons, you send them to community service.

    “It is going to be a win-win situation, the society that the offender has offended will win because they will do services free of charge, the offender himself will win because he will no longer be in prison, rather he will be doing community service and still be relevant to himself and his family.

    “So, that will to a very large extent reduce the number of people that will be behind bars. And under this non-custodial wing, we talk of probation.  Under probation, you may be guilty of an offence, a Magistrate will look at you and say, look, you go for a period of six months as the case may be, be of good behaviour, make sure you don’t go out of your track, but if you do that, you will be punished for the new crime and the punishment for the old offence added to it for stiffer impact.

    “This arrangement has a kind of deterrent effect, the person within that period of probation will be extra careful not to infringe on any law and over time, it will become part and parcel of him to live within the laws as defined by the society.

    “We also have Parole, a prisoner after spending part of his prison sentence may be released on parole to a parole officer and given the charge that you are on parole for the next two years and if you go out of your way, the new crime you will suffer it, the balance of your imprisonment on which you were given parole will be added to it.

    “So, from whichever way you look at it, it is a win-win situation for both the offender and the society because we will no longer have excess people in prison. For those that shouldn’t absolutely be in prison, the new order says that they shouldn’t be in prison.”

    The act is good, but…

    Legal Advocacy Response to Drugs Initiative (LARDI) Secretary-General, Emeka Nwadioke commended President Buhari for signing the Bill, but urged the government to ensure its effective implementation.

    He added:“The new law will catalyse many of the noble designs on prison reform that have been gathering dust on the shelf.

    “Aside from mainstreaming the non-custodial framework, which is now separate from the custodial system, effective implementation of the law will deal a fatal blow to the crippling distortion of the prison system by the awaiting trial crises.

    “That some prisons harbour over 90 per cent awaiting trial inmates is clearly a recipe for chaos and dysfunctionality. The new regime will free spaces in the prisons and enable prisons authorities to really implement their three-pronged mandates of reform, rehabilitation and reintegration of prisoners.

    “The mandatory provisions on the building of borstals and female prisons will secure the rights of these vulnerable groups and ensure that they are treated with the dignity they deserve. The current situation where minors are incarcerated in prisons is an unmitigated aberration.”

    President of the Association of Professional Negotiators and Mediators (APNM), Dr.  Dorncklaimz Enamhe said the signing of the Bill into law by the president “is a welcome development that is long overdue”.

    He noted that “proper implementation of the provisions of the new act will not only improve the correction and reintegration of convicted persons, but also breathe life into the provisions of the Administration of Criminal Justice Act and the various Administration of Criminal Justice Laws dealing with Non-Custodial Alternatives“.

    Correctional Service: Cure or placebo?

    Adetola-Kazeem described the Correctional Services Act 2019 as “a watershed in the history of treatment of offenders in Nigeria”.

    Nevertheless, he observed that the Bill may not fulfill its aims unless several things are done.

    In his view, “some of the provisions of the Act seem very ambitious without a clear thought-out plan on how to properly implement same”.

    Unrealistic provision

    Adetola-Kazeem noted a potential problem with Section 12 (8) of the Act. This section provides that: “Without prejudice to sub-section (4), the state Controller of Correctional Service, in conjunction with the Correctional Centre Superintendent, shall have the power to reject more intakes of inmates where it is apparent that the correctional centre in question is filled to capacity.”

    The question then is, where will the inmate be taken to? Will such inmates be released, particularly where he has allegedly committed a heinous crime? This particular provision is very unrealistic unless more prisons are built, considering our population as a country, and more particularly in urban areas like Lagos, Kano, Rivers, etc.”

    Solution? States should build prisons:

    Adetola-Kazeem suggested that Prisons be removed from the Exclusive Legislative List, “so that states can cater for many of the inmates in prisons, who committed or are alleged to have committed state offences. This will lessen the burden of the Federal Government. The states should build their prisons”.

    Paucity of data:

    The lawyer also observed that the Correctional Services Act cannot work effectively unless some attention is paid to other aspect of our national lives.

    He said: “The non-custodial measures such as community service, probation, parole etc may not work effectively if we do not have reliable data of every person in Nigeria. If you don’t have reliable information of people you can’t effectively trace them when they abscond.

    “Furthermore technologies like trackers need to be adopted to effectively track those on parole, for instance, to prevent them from escaping justice.”

    Overcrowded jails, poor facilities: Another challenge to the new scheme’s success, Adetola-Kazeem noted, is poor prison infrastructure and inadequate training of correctional officers. “There is need for infrastructural upgrade and training and retraining of correctional officers for the new act to have any effect. In order for the act to fulfill its aim of reforming, rehabilitating and reintegrating offenders, there needs to be fewer people in  our overcrowded prisons and adequate and state-of-the-art training facility. This will ensure that most inmates can benefit from the beneficial training be it educational and vocational tha t will be of immense benefit to them after release.

    “In the event that the custodial centre has exceeded its capacity, the state controller shall effectively remedy the situation when such occurrence happens.”

    Will the new law work as planned?

  • Runsewe’s comments: An over-reach, threat to Tekno’s freedom and rights

    In this piece, Solomon Okedara writes that the National Council for Arts and Culture (NCAC)‘s intention to put Kechi Augustine alias Tekno’s name on security agencies’ watch lists may contravene his right to freedom of movement.

    If the name Kelechi Augustine comes up a million times in the media, chances are that it will not catch the fancy of most readers. The name “Tekno”, on the other hand, will readily do, especially among young Nigerians. Clearly, Kelechi Augustine and Tekno describe the same person: a fast rising Nigerian Hip-Hop star. Recently, Tekno was reportedly arrested by the Police for allegedly dancing in a moving van with four semi-nude women on the Lekki-Ikoyi Bridge in Lagos as part of a musical video. He was later reported to have been released on bail on health ground.

    Tekno afterwards went ahead to release the musical video, bearing the title: “Agege.” Responding to the development, the Federal Government through the National Council for Arts and Culture (NCAC) expressed its utter disappointment and surprise that the artiste still went ahead to release the song even while investigation by the Police was still ongoing. The artiste, in the four-minute video, was seen throwing money suspected to be dollar bills at the young women.

    Angered by this development, the NCAC therefore, vowed to make the artiste a scapegoat. In a statement by NCAC Director-General (DG) Chief Olusegun Runsewe published by leading national dailies including The Punch, The Guardian and The Nation among others, the DG was quoted to have said that “Now that he has released the shameful video when investigation is still ongoing, we are going to inform security agencies to place him on their watch lists, because his action is a threat to national security and a bad influence on Nigerian youths.”

    This statement came to many Nigerians as a rude shock knowing that our nation as at today is built on rule of law and our collective lives, including enforcement of laws and punishment of crimes, only thrive on observance of rule and due process. A look at the enabling law of the National Council for Arts and Culture which is the National Council for Arts and Culture Act shows what the council was set up to do. Section 3(1) (a) of the Act which incorporates the main function of the council provides the function as “to promote and foster the appreciation, revival and development of Nigerian arts and culture” Every other function listed in Section 3 of the Act is an extension of “appreciation, revival and development” of Nigerian arts and culture. If these are the functions of NCAC, where then does the council derive the power to report a person allegedly engaged in immoral conduct to security agencies and demand such a person be placed on their watch lists? NCAC may just quickly have to admit that its position on this matter is an overreach and immediately withdraw not only its statement but from taking further steps as any step connected to the said statement will be ultravires just like the statement itself. If NCAC or anyone is still in doubt as to whether it has power to act in this regard, the council may have to check with the National Film and Video Censors Board (NFVCB) which is the appropriate agency to act on the matter.

    Again, what kind of persons have their names placed on security agencies’ watch lists? They are people who pose threat to national security, national defence, public health or those who have been indicted in very serious criminal offences. Such people whose names may be placed on security agencies’ watch lists are always suspected terrorists, carriers of epidemic diseases and fugitives of law. Even if an artiste’s song poses a threat to public morals, it is the song that could have its airplay either restricted or outrightly banned and NFVCB is statutorily empowered to act in this regard and has been doing this to the knowledge of the general public. From the narrative by NCAC itself and analysis given here, it is obvious that Tekno does not belong to the class of the people whose names could be on security agencies’ watch lists.

    Bringing this to a close, what in itself is the effect or implication of the expressed intention of NCAC to inform security agencies to place Tekno on watch lists? Placing the artiste on watch list of security agencies mean that he can be prevented from leaving Nigeria and may be picked up by security agencies if he is entering Nigeria at any time. This will, therefore constitute, among others, a threat to his right to freedom of movement which includes his right to leave Nigeria and re-enter Nigeria without restriction. This is a right that is recognised and protected by the Constitution of the Federal Republic of Nigeria 1999 (as amended) and other regional and international instruments. Interestingly, Section 46 of the 1999 Constitution gives access to court to any person who believes that any of his constitutionally protected rights including right to freedom of movement has been contravened, is being contravened or is likely to be contravened. This statement of NCAC’s intention to have Tekno’s name placed on security agencies’ watch lists shows a likelihood of contravention of his right to freedom of movement. In BRAITHWAITE v. STANDARD CHARTERED BANK NIGERIA LIMITED (2011) LPELR (CA), the court held that “Section 46 (1) 1999 Constitution allows access to court in the circumstance. Such a violation or threatened violation of right confers the Applicant the locus standi to sue quiatimet (because he fears) for the protection of this right against its threat and imminent interference or erosion”

    NCAC is, therefore, advised to desist from acting above and beyond its statutory functions and allow the appropriate agency to act in the circumstance. The council will do well to focus more on appreciation, revival and development of arts and culture which it was set up to do. By the way, since promoting traditional dancing is one of the ancillary functions of NCAC, we may then ask how regularly does the council organise traditional dancing competitions across the federation? How well does it give financial, technical and policy-related support to our young girls and our boys who are striving hard to give expression to their lofty dreams in arts? How many flourishing Nigerian artistes can testify that their career successes enjoyed support from NCAC or how many of them can NCAC lay claim to be part of their success stories? If NCAC can channel the same passion it demonstrated in Tekno’s case into its statutory functions, the agency will overwhelmingly fulfil its mandate and our society will be better for it.

    • Okedara is a Digital Rights lawyer and co-founder, Digital Rights Lawyers Initiative.

  • Experts seek self-regulatory body for ADR organisations

    The Association of Professional Negotiators and Mediators (APNM), has called for a self-regulatory body to enhance transparency and efficiency in the demand and supply of Alternative Disputes Resolution (ADR) services in the country.

    They said such institution would be best positioned to address user demands, in ADR similar methods of resolving international commercial disputes.

    They spoke in Abuja at a colloquium organised by APNM in honour of their late member and lecturer at the Nigerian Law School (NLS), Mr. Kevin Nwosu.

    Founder of the Negotiation & Conflict Management Group International (NCMG International), Mr Kehinde Aina, who spoke on ‘The Twilight Years of ADR: A call for self-regulation”, justified the need to set up such institution.

    Aina said: “There have been recent calls in international arbitration circles for greater transparency in provider performance and some calls for change from the supply side.  To avoid government regulations, self-regulation is fundamental.

    “A credible institution is needed to address the global user demand, particularly in arbitration, mediation and similar methods of resolving international commercial disputes.

    “That institution should preferably not be a service provider.  Ideally it should be a new entity, without an historical footprint, established as a collaboration of the demand and supply sides of arbitration field – similar to how IMI (International Mediation Institute) is set up successfully in the mediation field.”

    Aina, founding Partner of Aina Blankson, LP, said such an institute could be affiliated to leading institutions to share funding and overheads and secure an early momentum.

    He added: “Funding could be drawn from all those with an interest in greater access to information and higher quality of ADR – meaning: users, ADR provider organizations, law firms and individual ADR practitioners.”

    Chairman of the occasion and judge of the Delta State High Court, Justice Roli Harriman, cast her vote for ADR because it would “always fast-track the resolution of commercial disputes and thereby reduce congestion of our courts”.

    Acting Director-General of the Nigerian Institute of Advanced Legal Studies (NIALS), Mr. Paul Idornigie (SAN), who was a special guest at the colloquium, described the late Nwosu as “a renowned ADR practitioner, very innovative, very creative and had no apologies for his scholastic prowess. He was a scholar in the proper sense of the word and we sorely miss him.”

    On efforts to immortalise Nwosu, Idornigie said: “I think that the event we had on Saturday should be a yearly event, we should do that yearly to immortalise him because he did a lot for ADR, he was like an evangelist, in fact he was an evangelist winning souls for ADR.”

    APNM President, Dr.  Dorn Cklaimz Enamhe, stated that “There is no alternative to ADR as a quick, fast, economic and friendly way of resolving commercial disputes.”

    According to him, “ADR is a sine qua non to good governance and development of the economy using the industrialisation programmes of Governor Ben Ayade of Cross River State as a case study.”

    He highlighted the “benefits of good governance” in Cross River State “where Governor Ayade is busy creating jobs by industrialising the state through the garment factory, noodles factory, banana plantation, Calapharm, the building of the deep sea port, the rice seedlings, the cocoa processing and  the Ogoja rice plantation, among other things.”

    The event was attended by the President of Pan African Lawyer Forum (PALU) Chief  Emeka JP Obegelu, former IGP Solomon Arase, former Registrar Institute of Chartered Mediators and Concilators (ICMC), Dr. Elachi Agada among others.