Tag: rights

  • Who defends the rights of electricity consumers?

    SIR: It is no longer debatable that electricity consumers in Nigeria are groaning under the yoke of the ‘privileged’ power distribution companies. It is not just the reoccurring issue of non-supply of electricity but forcing consumers to pay heavily for what was poorly supplied. In some parts of the country, it is a clear case of paying for services never rendered.

    Ikeja Electricity Distribution Company, IKDC, as an instance, stopped power supply to Idimu and adjoining communities in Alimosho Local Council Area of Lagos in September. It would amount to an understatement, arguing that currently the outage has completely grounded socio-economic activities in the areas. Shockingly, IKDC has not issued any official statement about the ugly development and there is equally no sign that it would resolve the issue soon.

    It is also very obvious that the consumers are bearing the unmerited hardship without any sympathy or support from relevant government agencies. The ones saddled with the protection of consumers’ rights are simply unconcerned. In fact, it appears that they are more concerned about their salaries and other welfare packages.

    The same nonchalant attitude is equally noticed in the appropriate law-making organ of the government. It has severally debated the shameful power supply and consumer exploitation issue without making any meaningful impact. It would be recalled that it strongly condemned and even put on hold, the proposed increase in electricity tariff. Was its directive fully obeyed by the distribution companies?

    The consumer-exploitation challenge, no doubt, pre-dated the ruling government at the centre. But, it is imperative to emphasise that she promised and is evidently concerned about effecting ‘change.’ The promise must not be limited to ‘fighting high-level corruption cases.’ She must, as a matter of urgency, initiate and implement steps aimed at addressing persistent public outcry over DISCOs’ exploitation.

     

    • Sunday Shorikwue Odiaka,

    Lagos.

  • N40b capital issue: Flour Mills mulls rights, debt

    N40b capital issue: Flour Mills mulls rights, debt

    Flour Mills of Nigeria Plc is considering selling new ordinary shares to existing shareholders and issuance of new debt securities to raise some N40 billion as part of efforts to bolster the capital base of the country and cushion the adverse impact of Naira devaluation on its balance sheet.

    Flour Mills’ share price rose by N1.98 to close at N21.98 at the weekend at the Nigerian Stock Exchange (NSE). It has traded within a high of N34.05 and a low of N15.93 in the past 12 months.

    While details of the new issues remain sketchy at the weekend, chief financial officer, Flour Mills of Nigeria Plc, Jacque Vauthier, confirmed that the flour-milling company has already secured the approval of the Securities and Exchange Commission (SEC) to raise some N40 billion in new equity funds over the next three years.

    During analysts’ conference on the full-year results of the company, Vauthier said the company had opted for a shelf plan for the new fund raising, which allows the company to raise the fund in many tranches as it deems fit.

    He said the market condition at the stock market would determine the timeline for the commencement of the issuance.

    He said the company was considering several options to include equity issue, short-term debt issue and refinancing to manage its leverage and ensure that its balance sheet supports the growth and profitability of the company.

    According to him, Flour Mills will use the net proceeds from the new issues to reduce its debt and bolster working capital.

    It should be noted that shareholders had earlier approved the planned new issue at the 2015 annual general meeting, but the decline at the Nigerian capital market had frustrated several proposed new issues.

    Flour Mills had sold its stake in the United Cement Company of Nigeria (Unicem) to the Lafarge Africa Group as it restructured its businesses to focus on the food industry.

    The group had restructured and increased investment in its sugar company, which led to successful commissioning of a 750,000 metric tons per annual sugar refinery built at a cost of $250 million in April 2013. In furtherance of the its long term business model and growth strategy, Flour Mills had embarked on group restructuring, strategic business acquisitions and investment in its core food business and backward integration programmes.

    Flour Mills had invested in large scale commercial farming to support its food processing units with locally produced raw materials. It had invested about N41 billion in capital projects including key projects such as flour capacity expansion in its Apapa mills, completion of Golden Snacks facility in Agbara, completion of Golden Sugar Refinery, establishment of new flour mill in Calabar, expansion of pasta & noodles lines and many major agro allied projects such as investments in Sunti Golden Sugar Estates and new animal feed mill and acquisition and development of large scale commercial farming.

  • 70th Precinct secures Euro 2016 public viewing rights

    To heighten the forthcoming EURO 2016 experience, 70th Precinct Limited, a digital agency, has secured the exclusive screening licence for Nigeria territory for UEFA EURO 2016 Public Screening.

    The licence gives 70th Precinct the exclusive rights to market and organise in Nigeria the Euro 2016 public screening. 70th Precinct intends to organise a massive fan park in the Lagos metropolis during the entire one month of the competition.

    On the development, 70th Precinct CEO, Mr. Osamede Umweni, said: “Nigerians are very passionate about the game of football and we told ourselves that we needed to create a unique experience for football fans not only to watch the game, but also have an atmosphere of conviviality and several engagement platforms we would put in place for the fans.

    “A huge numbers of Nigerians want to watch football games in a communal like setting, we have that understanding and that is why we are putting together the Fan Park.

    “The Fan Park would attract over 5,000 football fans daily and all the matches would be shown on a 60sqm screen, which is the biggest in the country. It would also feature series of exciting games and events for all categories of football fans. The Fan Park would definitely be an advertiser and sponsor’s delight.”

  • Senate votes against gender bill

    Senate votes against gender bill

    The Senate voted has against the Gender and Equal Opportunity Bill.

    The bill on Tuesday failed to pass second reading when it was put to vote at the sitting.

    Majority of the senators voted against the bill which seeks to promote equality, development and advancement of all persons in Nigeria.

    If the bill was passed, it would have guaranteed women’s freedom of movement, female economic activity and girls’ access to education.

    More details later.

  • Oil and gas operations: rights and obligations

    Oil and gas operations: rights and obligations

    Also, certain interests can be created in oil and gas exploration. These interests are based on the parties’ interests and background.

     

    Concessions

    Concession is one of the main interests that can be created. It is the agreement which hands over and transfers certain interest in a property to another person. It has been used for a long time in many parts of the world for transfer of interest in land and resources from one party to the other. The interest is normally not an outright sale or purchase but for a certain period of time. This is usually between the company and the state that has petroleum embedded in its land. It does not involve complete transfer of the land but it signifies the permission by the owner to the company that wants to work upon and se the land

     

    Traditional Concession

    This is an agreement whereby the oil company received the exclusive right to explore for petroleum and if petroleum was discovered, to produce, market and transport the oil and gas. In return, the company paid specified costs and taxes. These concessions had certain characteristics. The area was often very large. In many cases it extended over the whole land in the nation. The duration was very long, usually between forty years to seventy-five years. They were in respect of very large areas of land of the host country. In Nigeria for example, the concession granted to Shell in 1938 was in respect of the entire mainland of Nigeria. It usually had exclusive ownership of and was free to dispose of them as it deemed fit.

     

    Modern Concession

    Modern concession is similar to the traditional concession in many ways. It is also an arrangement whereby the oil company receives the exclusive right to explore for petroleum and if petroleum was discovered, to produce, market and transport it. The company pays specified costs and taxes to the State that has the crude oil. Under this type of concession “the company has rights over the produced petroleum and owns it as from the point of extraction.” It is now called by various names such as licence or lease, but it is still the most widely used type of agreement. The duration is normally for an initial period of twenty years. The area of coverage has also been reduced. The company is usually given rights only in respect of crude oil and sometimes natural gas. Petroleum remains at all times the property of the State in almost all agreement of this nature.

     

    Petroleum sharing contracts

    These are legal arrangements in which crude oil is shared by the parties in prearranged proportions. In a standard PSC the company bears all the risks of exploration, and is often in charge of the operations and management of the contract area. When oil is discovered in commercial qualities, the company is entitled to recoup its investments from the crude oil produced from the contract area. The remainder is then shared between the National Oil Company (NOC) of the oil producing country and the company in a predetermined proportion. Unlike the concession, ownership of petroleum discovered remains vested in the State or its NOC and the contractor does not acquire title to its share of the petroleum until the oil reaches a mutually agreed point.

    Joint Venture Agreement: A joint venture is agreement between two or more companies/parties to jointly do a business or to jointly undertake the formation of a company/ business in which the parties jointly fund and bear the risks. It is common in the oil industry to have a JVA between the host country and the international oil company. This is so as to have the two parties engage in the exploration and prospecting for oil in the country.

     

    Participation Agreements

    This agreement sets out the respective rights of partners to the joint venture. Such agreements vary in detail, because they were individually negotiated, but they remain the same in substance. Participation enables the host country exercise more control on the operations of its industry. It makes for more effective technology transfer, since the host country is likely to become more familiar with the practical aspects of the petroleum industry. Through participation, the host country’s objectives are potentially capable of fulfillment, although its effectiveness depends on the way it is implemented.

     

    Operating Agreement

    This type of agreement spells out the legal relationships between the owners of the respective leases, and lays down rules and procedures for the joint development of the area concerned, and of property jointly owned by the two parties. It gives the details of the workings and activities that the oil company is expected to do, while also stating the roles of the host country. The national oil company’s scope of work in the operation is clearly defined in this type of agreement and each party is fully aware of its responsibility under the JVA.

     

    Oil Exploration License

    and Lease

    The Petroleum Act provides in Section 2 (1) that the Minister of Petroleum may grant any of the licenses or lease created subject to the provisions of the Act.  The Act further provides that an oil exploration license shall not confer any exclusive rights over the area of the license, and the grant of an oil exploration license in respect of any area shall not preclude the grant of another oil exploration license or of an oil prospecting license or oil mining lease over the same area or any part thereof.

    Oil Prospecting License: Oil prospecting under the Petroleum Act, includes the right to explore and carry away and dispose of petroleum won during prospecting operations subject to the fulfillment of obligations imposed upon him under the Act. An oil prospecting license (OPL) can only be granted to a company incorporated in Nigeria. The holder of an oil prospecting license has the exclusive right to explore and prospect for petroleum within the area of his license. The duration of an oil prospecting license is determined by the Minister but must not exceed five years including any periods of renewal.

     

    Oil Mining Lease

    Oil mining involves the exclusive right to conduct exploration and prospecting operations or otherwise treat petroleum discovered in or under the leased area. The Act provides that the term of an oil mining lease shall not exceed twenty years. This term may however be renewed in accordance with laid down procedures stipulated by the Act. The lessee of an oil mining lease shall have the exclusive right to conduct exploration and prospecting operation and to win, get, work, store, carry away, transport export or otherwise treat petroleum discovered in or under the leased area

    Assignment of Rights: The holder of an oil prospecting license or an oil mining lease shall not assign his license or lease or any right, power or interest therein or there under, without the prior consent of the minister.

    As already stated entire ownership and control of mineral oil or petroleum and natural gas in Nigeria is vested in the Federal Government. The Federal Government may grant the following rights to companies incorporated in Nigeria, an oil exploration license OEL, an oil prospecting license (OPL) and an oil-mining lease (OML).

    One advantage of the Act from the point of view of the oil companies is that there is no delay in land acquisition for oil operation. With both oil and land now being vested in the government, procuring the necessary licenses to drill oil and leases to enter upon land are now relatively quicker and easier. On the government side, in addition to royalty and rents from oil, the government, as land owner, now receives compensation for land hitherto paid to families and communities. For the local people, once there is an acquisition of land by the government, they are only entitled to compensation for improvements to the land.

     

    Rights, obligations,

    mitigation and innovations

    Most exploration and production activities in the oil and gas industry are carried out exclusively by multinationals under joint venture contracts whereby the Nigerian National Petroleum Corporation (NNPC), the state oil company, contributes to 55-60 percent of production contracts and claims the same ratio of total revenues. Despite the huge revenue that accrues to the nation from these resources, there is little to show for it as far as the oil producing areas are concerned. Rather they have suffered consequences of environmental pollution and other disturbing issues. S. 36 of Schedule 1 of the Petroleum Act 1969 provides for the payment of “fair” and “adequate” compensation, which refer to surface right including specified plants, crops and economic trees.

    A factor in the deteriorating economic condition of not just the Niger Delta is environmental pollution arising from careless and unmonitored oil production.  The byproduct of gas flaring continues to destroy the ecosystems of surrounding areas, and pipelines that have been constructed through numerous farmlands have ruptured, causing damage to vast areas of agricultural land.

    These are responsible for the environmental problems facing the country, but mostly the Niger Delta such as the destruction of the nitrogen cycle of the soil and plants, the contamination of water, and the extinction of plankton, fish, and other aquatic organisms.  Taking agriculture and fishing industry into account as the primary source of subsistence for a large portion of the Nigerian population, making up about 40 percent of the nation’s labour force, the current destruction of the ecological balance translates into depressed income and widespread poverty.

    Another factor is the large amount of displacement that has occurred over the course of oil exploration and production.  As stated earlier, land falls under the direct control and management of the state governor, or under the local government of the rural areas.  The act allows designated government officials to grant statutory rights of occupancy to any land, and this has been used to expropriate farmlands for the use of the oil companies.

    Since the law has been passed, a large number of families from the oil communities have lost their farmlands to claims on areas for oil production and transportation alone. Land in Nigeria represents a fundamental safety net for a great number of people who have traditionally depended on it for subsistence agriculture and various indigenous medicines.  Important food crops such as cassava, pepper, garri, and cocoyam have all been subject to poor yields over the past few decades.  Other crops such as yellow yam, one of the most commonly grown specie of yam in many communities, have all together disappeared from local markets, as evidence of serious pollution.

    Aside from crude oil, industrial wastes from exploration activities and refinery emissions, coupled with thermal pollution from gas flar

  • Oil and gas operations: rights and obligations

    Oil and gas operations: rights and obligations

    The world over, natural resources are a gift of nature.  As nature’s priceless gift to man and because nature’s endowment of these resources is without reference to people or nation, the subject of ownership and control is one that has generated a great deal of passion and controversy amongst people and nations.

    Unfortunately, these resources have been identified as playing key roles in triggering conflicts, and, all through history, the struggle for possession and control of natural resources has been the remote, if not the immediate, cause of great wars and human tragedies. The significance of land as a natural resource to man cannot be overstressed. Land, though representing only about one-third of the earth’s surface, provides a platform on which man’s activities ranging from shelter, food, industrial activities and movement are carried out.

    Nigeria has earned huge revenues from the vast oil resources, since the advent of oil in 1956. However, despite the huge revenues, Nigerians remains impoverished particularly in the Niger Delta. The impoverish state of the region has been attributed in the main, to negative impacts of oil activities on the environment and their deleterious impacts on traditional means of livelihoods. Thus, the impact of the land alienation through the Land Use Act has been given little attention. Nigeria has been bedeviled by conflict associated with the effects of natural resource exploitation for human livelihood, settlement and sustainability of the ecosystem.

    This conflict is intrinsically related to structural conflict of groups and factional struggle for resource control, and the mobilization of state power by elite of the dominant ethnic group to advance intrinsic interests. ‘Whose land?’ The Land Use Act 1978 vests all land in each Sate on the Governor. This is the one question that underpins much of the conflict associated with the exploitation of ‘strategic’ natural resources such as petroleum, diamond, gold, timber in Sub-Saharan Africa.

    It is presently at the center of crisis in the Niger Delta. It is thus imperative to examine the legal framework regulating oil operations in Nigeria and find out how these laws have shaped the relationship between the Federal Government and multinational oil companies on the one hand and the oil producing States/communities on the other. It is also the one issue that defines what communities and landowning groups receive by way of compensation for land expropriated for extractive industrial activities.

    The differing stances between the State and stakeholder communities as to who has a legitimate claim to land and the minerals under it can become quite complicated. While the state believes it ‘owns’ the natural resources and, so, must determine how best the exploitation of such resources can bolster national development objectives, indigenous communities often attach more than economic definitions to land. Many indigenous communities regard forests not merely as ‘a collection of trees and the abode of animals but also, and more intrinsically, a sacred possession.

     

    Legal Framework

     

    On attainment of independence in 1960, the Federal Government was vested with the exclusive power to “legislate on mines and minerals, including oil fields, oil mining, geological surveys and natural gas in Nigeria.

    The promulgation of the Petroleum Act of 1969 marked a watershed in the history of petroleum legislation in Nigeria. Its significance is that, among other things, it stipulated for the first time that the entire ownership and control of all petroleum in Nigeria is vested in the Federal Government of Nigeria. It also revised all the terms and conditions under which pre-1969 concessions were granted to Oil Companies. The Petroleum Act and its regulations remain the primary law regulating oil and gas exploratory activities in Nigeria.

    The Act vested the entire ownership and control of oil and gas resources in, under or upon all land or territorial waters in the Nigerian government, and authorizes the Federal Ministry of Petroleum Resources to issue licenses to Nigerian citizens or companies incorporated in Nigeria for oil prospecting, drilling, production, storage, refining, and transportation activities. The Exclusive Economic Zone Act 1978 also vest on the Federal Government of Nigeria sovereign and exclusive rights with respect to the exploration and exploitation of the natural resources of the seabed, sub soil and superjacent waters of the EEZ.

    The Constitution of the Federal Republic of Nigeria 1999, section 44(3), further vest the ownership and control of all minerals, mineral oils and natural gas in, under or upon any land in Nigeria, its territorial waters, and exclusive economic zone on the Federal Government, and the Federal Government is to manage such minerals in such manner as may be prescribed by the National Assembly. Thus the Constitution confers exclusive jurisdiction on the National Assembly on matters relating to oil, gas and other minerals.

    This provision is an adoption of a series of statutory laws and regulations promulgated by the Federal Military Government between 1969 and 1990. The most important of these legislations include the Petroleum Act of 1969 as amended, Offshore Oil Revenue Act of 1971, Petroleum Profit Tax Act of 1959 as amended, Land Use Act of 1978 as amended, Oil Pipelines Act of 1978 as amended, Oil In Navigable Waters Act of 1979, Exclusive Economic Zone Act of 1978, Hydrocarbons Oil Refineries Act, the Petroleum Equalisation Fund Act of 1989, Associated Gas Re-Injection Act of 1979, Nigeria Liquefied Natural Gas Act of 1990, Oil Pipeline Regulations (Under the Oil Pipelines Act) of 1969, Petroleum (Drilling and Production) Regulations of 1969, and Petroleum Refining Regulations of 1969.

    Provisions within the Oil Pipeline Act of 1956 (as amended, 1965, 2002, 2004) and the Petroleum Act of 1969 empowers the Nigerian Government to grant access and use rights in relation to land for the purposes of oil prospecting and mining. Once a company has been granted permit, license or lease, the State government has to give access to the land.

    These laws have been one of the major sources of conflict between the host communities, the international oil companies (IOCs) and the Federal government, which have considerably impeded oil and gas production in the Country. The Federal Government with a view to mitigate the effect of these conflicts enacted several legislation such as the Oil Minerals Producing Areas Development Act 1992 which was repealed by the Niger Delta Development Commission Act 2000, the Allocation of Revenue (Abolition of Dichotomy in the Application of the Principle of Derivation) Act of 2004, Nigerian Oil and Gas Industry Content Development Act 2010 and others.

    The combined effect of the Petroleum Act, the Territorial Waters Act, the Exclusive Economic Zone Act and the Land Use Act 1978 is to vest ownership and rights of exploitation of mineral and natural resources in the territorial waters, exclusive economic zone of Nigeria in the Federal Government of Nigeria

     

    Ownership of Land

     

    Prior to 1978, land tenure system in Nigeria was based on various systems of customary law. In the southern states of Nigeria, there was a dual system of land tenure, namely; customary land tenure system and land tenure system under the received English law. Under customary law, families and communities owned land, while under English law; the English legal concepts of individual ownership were recognized.

    The situation was somewhat different in the Northern states where control and disposition of native’s land was vested on the colonial government. A significant turning point in the ownership of land in Nigeria was the promulgation of the Land Use Act in 1978.

    The Land Use Act vested land comprised in the territory of each state in the Governors of the State and such land are to be held in trust and administered for the use and common benefit of all Nigerians. The Act reduced the individual interest in land that was hitherto an absolute ownership right to a mere right of occupancy. The local communities are compensated according to a formula that assesses value based on ‘surface goods’ lost. The compensation arrangements however, do not consider the long-term implications of loss of access to critical livelihood resources.

    Also, the Land Use Act bars courts from addressing any concerns about the amount or adequacy of compensation paid to people who lose access to their land under the terms of the Act. Together, the constitutional provisions on oil and gas, the Land Use Act, the Oil Pipelines Act and aspects of the oil laws in Nigeria have empowered all the tiers of government to expropriate land for use by the oil industry without adequate compensation to the land owners in clear contravention of its International Human Rights Obligations (IHRO), particularly the right to adequate standard of living.

    There are various theories of ownership which include

     

    Absolute Ownership Theory

     

    This theory states that the owner of a piece of land is regarded also as the owner of the petroleum lying underneath the land. Land in this regard includes everything down to the crux and up to the sky. In Nigeria, the absolute ownership by the states is the order of the day. This is clear from the provisions of Section 1 of the Petroleum Act, which provides that the entire property in Petroleum shall vest in the state. Thus mineral oil is absolutely owned, but by the state.

     

    Qualified Interest Theory

     

    This theory states that petroleum cannot be owned until it is captured and reduced into possession. Under this theory the land owner is said not to have title to the oil and gas in situ because of the fact that he can be divested by drainage without consent and without any liability on the part of the person causing the drainage.

     

    The Non- Ownership Theory

     

    This theory states that petroleum is not capable of ownership. Since petroleum is like a fluid that can move from one place to another it cannot be owned in the strict sense of the word. There is not much support for this theory as modern practice show that petroleum though may move from one place to the other but is still subject to ownership by the person or authority that captures it at any particular point in time.

  • Group seeks more rights for women

    A civil society group, Voices for Change (V4C), has condemned social  discrimination against women.It said women should be accorded the same rights their male counterparts enjoy.

    At a seminar on gender equality for traditional rulers in Lagos, the group said the customs and traditions which relegate women to the background should be done away with.

    According to V4C, the subjugation of women by traditional institutions, which for instance, makes it impossible for a woman to be appointed a monarch, must be outlawed.

    The event’s facilitator, V4C’s Key Influencer Lead, Denis Onoise, said it was organised to explore the critical role men, such as the monarchs, can play in fostering gender equality.

    The forum revealed deeply entrenched beliefs among traditionalists that women have limited rights. Asked if it were easier to be a man in Nigeria than a woman, the monarchs except one said it was easier to be a man. Asked if men needed more sex than women, all of them also agreed.

    They all agreed that gender equality would come at a high cost to men because they will be unwilling to relinquish their privileges.

    Asked if a woman can be on Oba in Lagos, for instance, majority of the monarchs said: “Impossible!” “Abomination”! They said the only time it happened was in Ijebuland during a war and because all the men were at the battlefront.

    But asked if women make better parents than men, the monarchs all agreed, saying it was because women spent more time at home.

    The monarchs, however, agreed that women should be given more rights rather than being shut out of opportunities.

    Onoise said women should be carried along and allowed to make input when developmental decisions are made.

    “Gender equality is not about women taking over. We’re not saying women should take over, but it’s for all to work together towards a more just society. At the end of the day, women are the one suffering and that must end.

    “Gender equality means that men and women enjoy the same status. They both share the same opportunities for realising their human rights and potential to contribute and benefit from all spheres of society – economic, political, social, cultural,” he said.

    According to Onoise, cultural and religious values play a key role in determining discriminatory attitudes and behaviors. He recalled the Biblical story of an adulterous woman who was to be stoned to death while no punishment was prescribed for the man who committed the adultery with her.

    He said there is the need to encourage gender equitable behaviors, such as men and women making joint decisions about their health, men respecting a woman’s right to demand for or say no to sex, men and women settling differences without violence, and men and women sharing responsibility for parenting and care for others.

    “The roles of men and women are changing in our society. It has slowly become less difficult to step outside of the box. Still, it is hard for men and women to live outside of these boxes,” adding that jettisoning strongly held beliefs will make it easier for men and women “to live outside of the boxes.”

    Permanent Secretary, Local Government and Community Affairs, Lagos State, Mr Gafar Sanuth, said the state remains one of the few that has had successive women deputy-governors.

    “The issue of gender equality has been in practice for years in Lagos,” he said, urging the monarchs to accord women more recognition in their domains.

     

  • StarTimes acquires Serie A broadcast rights

    As the 2015 Barclays Premier League comes into full swing, digital-TV operator, StarTimes has promised television viewers more excitement with an exclusive viewing of the Serie A.

    Shortly after announcing the acquisition of broadcasting rights for the German Bundesliga, the content provider, last week announced that it has also acquired the rights to the Italian league.

    Making the announcement, StarTimes’ president, Mr Pang Xinxin said there is nothing better than giving television viewers “the excitement of a gorgeous feast, a combination of Bundelsiga and Serie A.”

    According to him, football fans are not only given the right to see the fur of the leopards like Alexander Meier and Thomas Muller during the Bundelsiga season, but also robust football teams like Juventus and Milan of Serie A more clearly than ever.

    “The cooperation between StarTimes and two of the most brilliant leagues have strategically crucial meanings of breaking the ice in terms of the current sports broadcasting field,” he said.

    Pang, who says he is being occupied in promoting digitalisation in Africa as an enthusiastic football fan, revealed; “2015 also sees the energetic efforts made by StarTimes to have more fantastic football matches in digital signal of great quality.”

    According to him, with featured content platform with 320 authorized channels consisting of news, movies, series, sports, entertainment, children’s programs, fashion, religion among others, the company’s vision is “to enable every African family to afford and enjoy digital TV.”

  • Non-issue of the gay rights issue

    Recently, the US Supreme Court ruled that same-sex marriage is a legal right across the whole of the United States. With that ruling, 14 states with bans on same-sex marriage would no longer be able to enforce them bringing an end to more than a decade of bitter legal battle on the matter.

    While that US Supreme Court ruling was America’s interpretation of ensuring that human rights is available to every American, African counties invariably do not have the same interpretation of those rights. For sometime, Western countries with America at the fore have continued to pressure African countries to recognise and legalise gay rights.

    As part of its foreign policy agenda of the highest priority, America had adopted protection of the lesbian, gay, bisexual and transgender community. On his recent trip to America, it was reported that the subject of gay rights and the reversal of the anti-gay law in Nigeria was touched on in a veiled manner to President Buhari.

    Last year, the signing of the Same-sex Prohibition Act by the last administration on January 7 2014, elicited negative reactions from Western countries such as the US, member countries of the European Union and Canada. They have consistently mounted pressure on the federal government over the signing of the Same-Sex Prohibition Act 2014, claiming that the law is a violation of the fundamental human rights of Nigerians with same-sex orientation.

    Notably, that law that was signed last year does not only criminalise same-sex marriage, it also makes public displays of affection and even socialising in the lesbian, gay, bisexual, transgender and inter-sex community illegal. At the time that the law was passed, the US Ambassador to Nigeria, Mr James Entwistle threatened that his country would scale down its support for HIV/AIDS and anti-malaria programs in response to government’s position on the gay rights issue. Thereafter, it was reported in the Vanguard newspaper that the US had committed “substantial” resources to fund the emergence of gay clubs and advocacy groups in Nigeria. As part of the fallout then, the Canadian government cancelled a scheduled state visit by the then President Jonathan. The Canadian government’s action was believed to have been that country’s reaction to the president’s assent of the bill, which had enjoyed popular support in Nigeria.

    On the US President, Barack Obama’s, recent trip to Africa, the subject of legalising gay marriage came up. President Obama was very categorical in his condemnation of discriminatory practices against gay and lesbian people and urged African leaders to treat the issue of homosexuality as a universal human right, comparable to the fight against racism or sexism. However, in return, all the African leaders he conversed with emphatically told President Obama that the issue of legalising gay rights in Africa is ‘out of the question’ and a ‘non-issue.’ They made it clear to him that, there are certain subjects and values which Africa does not share with America, legalising homosexuality being one of them, and as such, it would be impossible to impose on people principles, which they do not recognise or accept.

    This is not the first time America and the West have tried to pressure Africa into accepting homosexual unions. Since 2011, certain Western countries have been considering and implementing laws that limit or prohibit general budget support to countries that restrict the rights of homosexuals. Regardless of this, many African countries have continued to refute pressure to legalise homosexual practices. Many African leaders feel that gay rights are against Africa’s culture and religious value systems and believe that they have the sovereign right to reject what is seen as an imposition by Western nations that attempt to affect national sentiments via aid. While some of us may disagree with the laws that impose the death penalty on those who come out as homosexuals, the reality is that same sex acts are illegal in about 38 African countries and actual enforcement varies widely and punishment ranges from prison sentences to the draconian sentence of the death penalty.

    In Mauritania, Sudan and Nigeria, homosexuality is a serious punishable crime. In Uganda, Tanzania and Sierra Leone, offenders can receive life imprisonment for homosexual acts. South Africa’s constitution is the most liberal towards gays and lesbians within the continent, with a constitution that guarantees gay and lesbian rights and legal same-sex marriage. However, even there, gay rights have been described as an “exclusive privilege of the whites and well-heeled, a small but high-profile subset.”

    The raucousness from Western nations that has been accompanying the banning of same sex unions in some parts of Africa, Eastern Europe and Asia has risen to a crescendo. And in their bid to ram the freedom of same sex unions down the throat of more traditional and conservative nations, the West has discarded high-minded rhetoric for bullying tactics dressed in the guise of human rights mantras. The result? Hypocrisy has taken centre stage as the preferred response of the West in its bid to redefine the limits of marriage, privacy and religious freedom in some African, Eastern European and Asian countries.

    The sheer hypocrisy of the West regarding their stance on the banning of same-sex unions is most apparent when considered next to the position taken on polygamy under western laws. In most western nations, the practice of polygamy is not only frowned upon but has been criminalised. The Western countries pass laws that limit the boundaries of marriage, privacy and religious freedom in line with their value system while they employ strategies and tactics to intimidate, harass, undermine, threaten and abuse other countries for doing the same.

    In the case of Reynolds vs. United States, the American courts declined accepting polygamy as a legitimate religious practice, dismissing it as “almost exclusively a feature of the life of Asiatic and African people.” American courts have declared polygamy to be “a blot on our civilisation” and compared it to human sacrifice and “a return to barbarism.”

    Not only is the practice of polygamy one of the common threads between Christians, Jews and Muslims, studies have found polygamy present in 78 per cent of the world’s cultures. In the same way that countries that accept polygamy have no right to force western nations to legalise polygamy, western nations have no right to impose same sex unions on the countries that ban it.

    As a sovereign nation, Nigeria and other African nations have a right to ban same-sex unions in the same way the West has banned polygamy.

    The previous leadership in Nigeria has taken a position on a practice that is alien to its culture and its religious and traditional institutions and the current leadership is likely to uphold the same. The public relations officer of the northern Christian Association of Nigeria (CAN) had in the past stated that Christians and their counterparts in other religions had unanimously expressed gratitude to the last administration and National Assembly for passing the Anti Same-Sex Marriage law, despite opposition from Europe and the US. Similarly, the Muslim Students Society of Nigeria (MSSN), Lagos State, had also commended the administration for signing the bill into law. The group applauded the Nigerian leadership for standing its ground, despite pressure to reject the anti-gay bill by some international organisations and foreign countries.

    In the scriptures, marriage is a sacred contract between a man and a woman that cannot be redefined and it is the cornerstone of family life. In the Bible, passages in the book of Leviticus prohibit homosexuality. Chapter 18:22 states, “Thou shalt not lie with mankind, as with womankind: it is abomination.” Similarly, chapter 20:13 also states, “If a man also lie with mankind, as he lieth with a woman, both of them have committed an abomination: they shall surely be put to death; their blood shall be upon them.” Jews and Christians have historically interpreted these two verses as the clear prohibition of homosexual acts. Furthermore, the story of Sodom and Gomorrah has historically been interpreted as condemning homosexual acts.

    In Islam, the traditional schools of Islamic law based on Qur’anic verses and hadith consider homosexual acts a punishable crime and a sin. The Qur’an cites the story of the “people of Lot” (also known as the people of Sodom and Gomorrah), destroyed by the wrath of God, because they engaged in “lustful” carnal acts between men. The Qur’an contains seven references to the people of Lot; 7:80-84, 11:77-83, 21:74, 22:43, 26:165-175, 27:56-59 and 29:27-33, and their destruction by Allah is associated explicitly with their sexual practices.

    In 2012, the Nigerian parliament approved a bill banning same-sex marriage despite threats from the US and UK that they would consider withholding aid if the country didn’t recognise gay rights. Curiously though in the US, 17 states out of 50 (less than half) have endorsed same-sex practices and others reject its legality. This means that even in the US, not all its citizens are in support of same-sex practices.

    It increasingly seems that the Western countries’ mandate is to coerce African states to institutionalise behavior systems that they frown upon or deem illegal. There is the urgent need for these African states and the Nigerian leadership not to be dependent on foreign assistance for governance. If foreign aid coming from the West to Nigeria of other African Countries is contingent upon obliterating the core values of Africa, then Afrian nations have no choice but to liberate themselves and get their act together.

    Nigeria and the African Continent should use its net worth to dismantle the entrenched dependence syndrome and to also say ‘No,’ no matter how many times they are accused of not adhering to the value system of the West. Aid given with strings attached is not worth it, especially if those strings are repugnant to one’s values and belief system.

    Just like with the case of polygamists in Western countries, a day of social acceptance is unlikely to come for homosexuals in Nigeria and most African and Asian countries.

    May each country be free to preserve the value systems they wish to be defined by and adopt the laws of which they wish to be governed.

  • CPC vows to curb consumer rights abuses

    CPC vows to curb consumer rights abuses

    The Director General, Consumer Protection Council Nigeria (CPC), Dr. Dupe Atoki, has declared that the council will curb consumer rights abuses in the country by forcing the major companies to comply with international standards.

    Noting that the telecoms, aviation, banking and power sectors have the highest level of consumer rights abuses, she said the CPC has adopted major strategies of enforcing consumer rights and ensuring company’s compliance with the council’s enabling laws.

    These strategies, she said, are sectoral intervention, litigation and improving the visibility of the council by using new methods and the redress of consumer complaints. These strategies, she said, are already yielding positive results.

    Speaking at a public lecture organised by the Centre for Human Rights, Faculty of Law, University of Lagos, the CPC boss said that a successful intervention in the activities of usually the dominant player in a given sector resonates into a bandwagon compliance and block adherence to regulation and best practice.

    Atoki explained that “Sectoral intervention was identified as a major strategy for the evaluation of business operations under the various sectors in order to arrest identified adverse trends and thereby resolve individual complaints in the long run.”

    She explained that this strategy is intended to focus on a sector by undertaking in-depth analysis of consumer complaints and total evaluation of business practices to identify systemic irregularities.

    She noted, albeit happily, at the lecture entitled “The state of consumer rights protection in Nigeria”, that the council has already carried out successful major interventions in the food and beverage and aviation sectors which modified the behaviours of all the other players in those sectors for best practices.

    In order to enforce consumer rights, she said that CPC also has the strategy of criminal prosecution of recalcitrant businesses or litigation to achieve satisfactory redress, which is already paying dividends.

    Acknowledging the low awareness of consumer rights in the country, Mrs. Atoki said that the council was undertaking different measures to ensure increased knowledge of consumer rights and responsibilities.

    These measures, she noted, are hosting of consumer roundtable on phone rights, publication of a compendium of the rights of telecom subscribers, launch of ‘Check the Best Before Date’ campaign.

    Other measures, according to her, are revamping and updating the council’s website on a regular basis, using of social media to interact with consumers and establishing a strong media presence with a view to remaining in the consciousness of consumers.

    Lamenting the wanton gross consumer rights abuses also in sectors such as satellite television, land transport, property, hospitality, food and beverage, home appliances, automobile and electronic commerce, the council’s boss regretted that “while free market is currently operational in Nigeria, all forms of consumer abuse still pervade virtually every sector of the economy denying consumers their rights.

    Highlighting the abuses, she said that in the telecom sector, for instance, “consumers still contend with drop calls, unsolicited texts, calls, poor network, credit wipe off, amongst others, while consumers in the aviation sector experience regular delays and cancellation of flights without notice, damage and loss of baggage without compensation etcetera.”

    In the banking sector, she said consumers experience ATM dispense error cases with prolonged resolution period, POS terminal issues, unexplained debit on consumer accounts. Equally, in the power sector, “consumers complain of outrageous estimated billings, non-provision of transformers, metres, wrongful disconnections and inadequate electricity supply.”

    In the satellite television sector, she regretted that consumers were also struggling with regular disruptions, wrongful connections, poor service delivery and lack of redress for complaints. “Overloading, non refund of money when vehicles breakdown and use of dilapidated vehicles add to the burden of consumers of public transport services,” noted Atoki.

    Similarly, Dr. Dupe Atoki lamented that “In the property sector, developers fail to keep to agreement terms, tie down consumers’ deposits for prolonged period and sometimes deliver substandard houses to consumers.”

    Consumers under the hospitality sector were identified as not free from the abuses as “many hotels fail to live up to their claims/required standard, while vendors of holiday packages do not deliver on promises made.” Food and beverages industry are also guilty, said the DG, as foreign substances in drinks, sale of expired products, adulteration, improper storage, short measure, etcetera are rampant in the sector.

    “Undiscerning consumers go home with substandard home appliances while non adherence to warranty by car dealers, sale of substandard spare parts, unqualified mechanics and ill-equipped workshops result in safety issues and loss of consumers hard earned money,” bemoaned the DG.

    In the electronic commerce, the council’s DG lamented that the infringements of consumers’ rights here were completely unfair and potentially dangerous to the consumer. She said some of these abuses in this sector were unsolicited commercial communications and unfair use of personal information.

    However, while the agency is cognisant of its challenges and having evolved some strategies to deliver on its mandate within available means, Mrs. Atoki still stressed that several factors were militating against the council’s bid to effectively protect the over 160 million consumers across all sectors of the economy whose rights are wantonly abused.

    According to the DG, these factors are “perceived overlapping duties of regulatory agencies, impunity of business-peddling of influence, protection of self-interest by trade associations, lack of consumer awareness and apathy, inadequate funding, inadequate spread, understaffing and dearth of specialised staff, gaps in the CPC Act.”

    Underscoring the point, Atoki said “Market failures violate consumer’s rights and inhibit their welfare in the marketplace. Impunity of businesses, rivalry among regulatory bodies due to seeming overlapping functions and protection of self interest by trade associations are part of the challenges inhibiting the effective protection of Nigerian consumers.”

    Nonetheless, she asserted that genuine businesses must comply with regulations and specified standards for goods and services in the country adding that the political might of the federal government must be available to support the council at all times to put recalcitrant businesses in check.

    She urged regulatory agencies to collaborate with each other in order to foster seamless relationship in the regulation of businesses to ensure effective protection of consumers.

    “The council recognises the need for aggressive consumer awareness campaign. However, consumers should be more aggressive, proactive and disposed to complaining when dissatisfied with a product or service,” adding that mere grumble is not an option.