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Crime/Justice

Keyamo’s Salvo: Matters Arising

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A few days ago, the Supreme Court of Nigeria delivered a 4:3 majority judgment in the appeal filed by PDP’s candidate Jeg-ede, SAN, against APC’s candidate Akeredolu, SAN over the last  Governorship elections in Ondo State. Mr. Jegede and his party had asked the apex Court to nullify Akeredolu’s candidacy on grounds that the nomination of the latter was void by virtue of violation of section 183 of the Constitution of the Federal Republic of Nigeria, 1999 by APC in having appointed  GovernorBuni , a serving Governor, to hold office as the Chairman of the National Caretaker Committee of the APC. The Supreme however declined Mr. Jegede’s request holding that Mr. Jegede had failed to make the said Governor Buni a party to the suit; you can’t shave a man’s hair behind his back, the Supreme Court must have told Mr. Jegede. Controversy has, since the judgment, broken out regarding the “the effect on APC, of a serving Governor holding or occupying the position of APC’s  National Caretaker Committee Chairman against the backdrop of the provisions of s. 183 of the Constitution of the Federal Republic of Nigeria, 1999 which provides that “The governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever”.
I have read the opening salvo (the legal opinion) by Hon Minister Festus Keyamo (SAN, Notary Public) as well as the comeback (a counter-opinion) by the respected Honourable Attorney-General of the Federation (HAGF), Mr. Abubakar Malami (SAN, Life Bencher).  I respectfully consider each and both opinions to be well-considered, very illuminating, but especially thought-provoking. Further, I presume that each of the two legal opinions was given in an attempt to try to resolve a perceived crisis in the ruling party, All Progre-ssives Congress (APC), arising from the said judgment of the supreme court. However, a careful reading of Festus Keyamo’s salvo and the respected HAGF’s response, has, rather than resolving the matter as anticipated, thrown up some further and more critical questions, the resolution of which (I humbly suggest) is at the root of any resolution to the entire hullabaloo crises (if any):

  1. Is the legal status of the Chairmanship of APC’s National Caretaker Committee exactly similar/synonymous with the legal status of the Chairmanship of an association like the Nigerian Governors’ Forum or of the Progressive Governors’ Forum, as suggested by the HAGF? This question is critical considering that APC  is a full-fledged legal person (juristic person of fully legal capacity) recognized by law as such, unlike the other two. Besides, occupation of the position of the Chairmanship of the National Caretaker Committee of the APC is exactly corteminous with occupation of the office of the National Chairman of the party. The occupation of the office of the National Chairman of the APC is a full-time employment as opposed to occupation of the office of the Nigerian Governors’ Forum or of the Progressive Governors Forum which is not a full-time employment.
  2. Is the election, selection, appointment or employment as the National Chairman or Chairman of the National Caretaker Committee of the APC not in the form of a full-time, executive, salaried employment? If yes, then does it make any difference that the person currently occupying that office elects (of his own volition) to not collect salaries? In other words, does the revelation (referred to by the HAGF in his rejoinder) that Governor Buni as the Chairman of APC’s National Caretaker Committee, doesn’t currently collect any salaries, diminish the legal status of that office as a full-time, executive, salary-paying/salaried office? Recall that in 2015, each of President Buhari and VeePee Prof Osinbajo had written the Office of the Secretary to the Government of the Federation, undertaking to forgo 50 percent of their respective annual salaries (see: “Buhari, Osinbajo take 50% pay cut”, Premium Times, 10 July 2015). Even if the duo had undertaken to forgo their entire salaries, would that have adversely affected the full-time, salary-paying/salaried nature/status of their offices?
  3. Although I agree with the HAGF that the Supreme Court (in the Arakunrin Akeredolu case), tje majority decision, did not resolve on merit  the question whether or not section 183 CFRN 1999 was violated by Governor Buni’s current occupation of the office APC’s National Caretaker Committee Chairman, yet one question refuses to go away: should APC not prefer to err on the side of caution and wisdom, instead of acting as if there were no unresolved legal issues raised, and the resolution of which could ultimately go either way, which then might leave hanging in the balance, the fate or legality of actions being taken by the great party under Gov. Bunmi as caretaker Chairman?
    Example, what if, just what if, APC is ultimately taken to the law on these issues and the same issues are resolved by the judicature against Governor Buni’s occupation of that office, what would be the fate of decisions previously taken by the party under his leadership?
    4.  NOW, AN APT ANALOGY: Section 868(1) of CAMA 2020 defines “director” to include ”any person occupying the position of director by whatever name called….” Is this not somewhat akin/similar to the position of the law with respect to the office of the National Chairman of a Political Party in Nigeria, such that anyone who occupies the office of the National Chairman of APC in whatever capacity or by whatever name called (including as “National Caretaker Committee Chairman”) would or could be treated as the APC National Chairman? If the office of the National Chairman is a full-time,  salary-paying/salaried job, does the legal status diminish only because you now refer to the occupant of that office by another appellation, namely: “Chairman of the National Caretaker Committee”? Are the functions of a person holding both appellations not one and the same? See these: Gen. Sani Abacha was “Head of State”. General Babangida was “President”. Ernest Shonekan was “head of the Interim National Government.” Alhaji Tafawa Balewa was the “Prime Minister”. Is there any difference among these offices? Was each (by whatever name called) not the head of the government of the Federation? Was Ernest Shonekan in his capacity as the Head of the Interim National Government (ING) not the executive President of Nigeria with all the powers of the Head of government? 
  4. OFFICE OF THE APC NATIONAL CHAIRMAN IS AN EXECUTIVE OFFICE: Article 14.1(i) of the APC Constitution provides that “The National Chairman shall be the Chief Executive, Accounting Officer and shall preside over the meetings of the National Executive Committee and the National Working Committee of the Party”. Article 18 establishes Standing Committees and Adhoc Committees for the party while Article 19 provides for the powers of the various standing and adhoc committees. Neither the National Working Committee (NWC) nor the National Caretaker Committee or the National Executive Committee (NEC) is listed in the Constitution of the  APC as an “adhoc” or “standing” committee.  Besides, the Chairman of the National Caretaker Committee exercises all the powers of the substantive National Chairman as set out in Article 14.1 of the APC Constitution.
    Another question that arises is this: is the Chairman of the National  caretaker committee not in the same shoes as the National Chairman in terms of their legal status and powers? If anyone says that Governor Buni is currently not the Chairman of the All Progressives Congress (APC), please, I pray, who else is? And if you agree he indeed is, then why not agree that he actually occupies the office of the national chairman, which is an executive position in the nature of a full-time employment, quite unlike the office of the Chairman of the Nigerian Governor’s Forum (NGF) or of the Progressive Governors Forum (PGF) or of the Old Boys’ Association of a School or of the Integrity Group (lol >Ø#Ý) in the National Assembly or of the Association of Attorneys-General in Nigeria or of ALGON or of the League of Speakers of State Houses of Assembly in Nigeria, etc.
    6 . May I restate that I agree entirely with learned silk and Life Bencher Hon AGF Malami that the Supreme Court judgement (by the majority decision) did not make any pronouncements on the merit of the effect of section 183 of the  Constitution of the Federal Republic of Nigeria, 1999, on GovBunmi’s (caretaker) Chairmanship of the APC.  On the other hand, I agree entirely with learned silk and Notary Public Festus KEYAMO that the issues raised in the affected Supreme Court judgment (although reportedly not yet determined with finality on their merit) are nevertheless so weighty as to put the ruling party on notice, that stakeholders in the party should make hay while the sun shines especially because a stitch in time saves nine while a word is enough for for the wise! Writer AnkalaSubbarao captured it better: “A stitch in time saves at least nine lawsuits, but only if the patient goes to the doctor early!”
    Please take note, for the avoidance of doubts, I am neither of the APC nor of the PDP nor indeed of any political party in Nigeria; the truth is, I am for none but for all. Mine is just a perfect case of a major stakeholder in the Nigerian Rule of Law Advocacy Club (RULAC) thinking aloud, albeit unsolicited. Besides, Satchel Paige had warned, “don’t pray when it rains if you didn’t make hare while the sun shines”. Ernest AgyemangYeboah said, “If you take steps based on fantasies and illusions, you shall meet realities and remember the ‘had I known’ in sorrow” What’s more?  The Holy Bible in Leviticus 26:20 has opened one’s eyes (like an advance warning) on what might happen if one fails to make a stitch in time: “Your strength will be spent uselessly, for your land will not yield its produce and the trees of the land will not yield their fruit. Put differently, in Jeremiah 4:30, the Bible says: “And you, O desolate one, what will you do? Although you dress in scarlet, Although you decorate yourself with ornaments of gold, Although you enlarge your eyes with paint, In vain you make yourself beautiful” I have said my own!
    Long live us all. God help Nigeria!
    Respectfully,
    Udemezue is a Lecturer with the Nigerian Law School.

By: Sylvester Udemezue

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Crime/Justice

Legal Consequences Of Baby Factory In Nigeria

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Children are highly desired and parenthood is culturally significant in Africa. In Nigeria, infertility is a socially unacceptable condition, making victims embark on relentless quest for conception. In Vitro Fertilisation (IVF) is the only alternative but same is expensive.
Admittedly, this has contributed to the advent of illegal baby factories in Nigeria and consequently constitutes an emerging trend of human trafficking.
What is baby factory? This implies to a practice in which young pregnant and unmarried girls are given shelter by a proprietor i.e Oga or Madam of the home until they are delivered of their pregnancies and give up the new born for sale.
This illegal centres and homes are most times camouflaged as “maternity homes, orphanages, social welfare homes, and clinics and are operated by well organised groups”.
As an emerging phenomena in developing countries of the world, it is also prevalent in Nigeria particularly in States such as Abia, Imo, Enugu, Edo, Rivers and Lagos.
It is important as well as my concern to note that children have rights and these rights must be protected. This evil scourge of baby factory is an illegal business involving getting pregnant young girls and women without sanity who either are willing or not to give up their babies for financial gain and benefits without having any contacts with the buyer or ever seeing their baby again.
This category of persons are introduced into this business forcefully, by deceit of evaporated love and care or under the guise that the baby factories are clinics or homes where they can pay less or deliver freely with some promise of jobs, safe abortion or money after delivery.
The owners of the factory and their syndicate insist that babies be put up for adoption by childless couples in the most fortunate scenario, else supply the babies to politicians for their rituals, illegal adoption and human trafficking. Pathetic right?
It is my argument that children born into baby factories are denied various civil and fundamental rights alongside their mothers because of their vulnerability. Some of the rights these children are denied include birth registration.
Nigeria is a signatory to many international and regional instruments targeted at eliminating child trafficking, protecting children and also the promotion of their rights which include, the United Nations Convention on the Rights of the Child (1989) and the Optional Protocol to the Convention on the sale of Children.
Section 12 of the Constitution of the Federal Republic of Nigeria (as amended) stipulates the guidelines for applicability of this treaties in Nigeria.
Regrettably, despite the vast number of statutes protecting children and women, there is still an alarming prevalence of heinous crimes against these vulnerable units of our society.
The Children’s Rights Act was enacted as passed in Law in Nigeria in 2003, to serve as a legal document and protection of children’s rights and responsibilities in Nigeria which consolidates all laws relating to children into one single legislation, as well as specifying the duties and obligations of government, parents and organisations.
However, despite its values and importance, most States in Nigeria have not domesticated the Act, which implies that children in some States are not being protected under this law which prompts unequal rights in children.
Section 30(1) of the Children Rights Act provides that No person shall buy, sell, hire, let on hire, dispose off or obtain possession of or otherwise deal in a child. This section clearly prohibits the act of buying and selling of a child or children.
Section 207 empowers the police to create a specialised unit for the combating of the crime.
The sporadic growth of baby factories across the Nigeria State is a front burner issue that needs urgent address, given the rise in in the thriving business due to the ever increasing in height of economic downturn in the country.
The vulnerability of children and the need for their protection has attracted international recognition as well as domestic legislation.
The Constitution also provides protection for the dignity of the human persons and personal liberty as stated in Sections 34 and 35 respectively. Howbeit, it is very safe to say that these laws are ineffective for the purpose they were enacted.
Having considered this topic in relation to baby factories as an avenue for trafficking and the laws enacted to promote and protect women and children, it is my recommendation that:
1. The government institutions established by law for the protection of children performs their duties.
Security agencies should not delay the prosecution of persons who commit this offence.
The government should ensure that upon discovery facilities harbouring women and children for sale be destroyed and periodic checks should be conducted on churches, mosque, hospital etc.
Intense education and sensitisation campaign and programmes for young girls, and boys and women about unwanted pregnancies.
Government should assume their responsibility of the protection of lives and increase the budgetary allocation for children orientation programme in schools, villages, church and mosque.

Esaenwani Baribor Ferguson

Esaenwani is a practising lawyer based in Port Harcourt at Brisk Attorneys and Consultants.

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Crime/Justice

Why Police Welfare Package Should Be Improved

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The Nigeria Police Force is the principal law enforcement agency in Nigeria. It has its origin in Lagos following the creation of a 30-man Counsular in the year, 1861.
It further has its Constitutional backing in the Chapter Six (6), Part Three (3), Section 214 of the Constitution of the Federal Republic of Nigeria , 1999 (as amended). Down the line, the Nigeria Police Force begin to have other formations like the Mobile Police Force in the 1980s.
The motive behind the creation of the Nigeria Police Force, is to preserve law and order, the enforcement of law and regulations with which they are directly charged. The performance of such military duties within and outside the country as may be required of them by or under the authority of the Police Act or any other Act.
When the heat or should I say, the need or urge to provide better policing in the country became necessary, more formations like the Special Anti Robbery Squad (SARS) were birthed around 1992 to battle crime especially armed robbery.
This very formation (SARS), before it went under on Sunday November 11, 2020, when the then Inspector General of Police, Mr Mohammed Adamu announced its disbandment was a talk-of the-town.
People were delighted to catch a glimpse of SARS men especially when they are in operation and in their full regalia. They fought crime to almost zero point before the devil took over the outfit and placed it in the history book.
The Slogan ‘ The Police is Your Friend’ is one of the most disgusting or disturbing things about the Nigeria Police Force. Many are not at ease with it. In most cases, they begin to wonder what the Police is even doing to get the least attention.
But until you are closer to some people including the Police, you may not say for sure what they do or their importance to the society. Some Police men are down-to- earth. They execute their jobs in such professional manner that one may be tempted to purchase Police recruitment form of a given year.
I have the privilege to interface with some of them at some Special Areas in Rivers state. Their profiles are not only intimidating, but reveal a serious road map on how best to tackle security challenges in the country.
When they related to me why they cannot execute some actions, I was flabbergasted. The government ought to look for those kind of officers and secretly talk with them.
They complained of being tagged as saboteurs should they approach their Heads with their ideas on some issues.
One of the officers confided in me how he unearthed a high profile kidnapping gang that nailed a certain bigman. I mean a bigman with both wealth and honour. I looked at the fragile frame of mind of the officer and took his claims with a pinch of salt.
When other of his colleagues at different fora commended him on some hard job success, it then dawned on me that I was dealing with a senior intelligence officer. His challenge was not also far from the ones earlier enumerated by his colleagues .
Armed with the little information I have gathered about the Police and its challenges, I delved into personal investigation. I went round almost the big formations in the state. With utmost humility, I discovered that the government was unfair to the Police.
In some of the outfits, over ten (10) officers are squeezed into one office. About three (3) of them or so share one (1) table. One will begin to imagine what the occupants of such place will produce.
Even the big formations with big names are not better. They suffer even the worst. But as the big men they are, they stomached the whole thing and welcome you with a beaming smile.
If you are not of a good temperament, you may take him (the bigman officer), for an evil man who derives joy in suffering. Or was the foremost Afro Beat King , Fela Anikulapo Kuti right when he sang ‘Suffering and Smiling’?
I think it is about time those that head some big Police formations in the country begin to think on how to improve on their jobs. Those at the top are not too mindful of the welfare of others. I blame them not, because such is a typical Nigerian factor.
I can recall vividly well at a particular public function in Port Harcourt when one officer was introduced as the Financial Officer in charge of a certain Police outfit. The master of ceremony (MC), took it up. He (MC), was like “thank God oga will bless us today”, the officer in a quick reaction, gave it back to the MC, thus, please “I am sorry, we are only bearing the name, the real office is in Abuja”.
People took it as a joke including me, but when I dug into the situation, I knew what exactly the officer meant then. The narrative must change, if the police must perform to the taste of the common man.
The Police and its welfarism must not be gambled with. The government and its authorities should consider the need for Police reform and execute it with immediate alacrity.
This will also help the authority to place a plum line on the Police. I think part of the poor check on the side of the government on the Police is deliberate, in that the authority know that they have not performed their own part of the agreement hence, the ‘On Your Own’ kind of approach to issues.
The police, if well equipped, will do more than expected. The manpower to execute some tactical operations are within them, but lack of support for them remains a bane to their positive operations.
Another point to effective Policing in the country is , management of the Internally Generated Funds by the Police. If the Police are allowed to manage the funds they generate internally, it will go a long way in fixing things among them.
The issue of waiting for approval to fix even furniture in the office is a major clog in the system. At times, they are forced to ask for financial support from the suspects to enable them buy as little as writing materials.
Such ought not to be in that the risk of compromising the matter will be high. If the materials are so provided, the officer will have no option than to do the needful.
Another point is that of personal visit and inspection. The authority should make out time to visit the Police formations across the country. They should visit such places like the convenience, bathrooms, canteens, etc. When you pay some unscheduled visits to some of the mentioned places, you will agree with this piece to the extent of making a quick case for an improved welfare package for the police.
As a citizen of Nigeria, make a personal visit Police formation as part of your menu. Let the issue of the police harassment especially on the roads not deter you. By so doing, you will be armed with some information that will convince you that of a truth, the to any Police is really ‘Your Friend’.
The time to address the challenges of the police is now. No need to dwell on the past. Let’s stop the blame game and think of the way forward.

King Onunwor

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Crime/Justice

Police Begin Orderly Room Trial For Erring Officers Over N4m Extortion

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The Rivers State Police Command says it has begun orderly room trial for the three erring personnel and has issued official query to three officers for allegedly extorting two young men of N4 million in Aba, Abia State.
The officers were identified as Assistant Superintendent of Police (ASP) Doubara Edonyabo; ASP Talent Mungo; and Inspector Odey Michael.
Addressing journalists while parading the three officers, the State Commissioner of Police, CP Olantunji Disu said immediate steps were taken to apprehend the officers and a thorough investigation was conducted to ascertain facts surrounding the incident
The State Commissioner of Police, who was represented by the command’s image maker, SP Grace Iringe-Koko, said $3,000 was extorted from the victims, equivalent to N4.2 million, stressing that the money had been recovered and released to the victims on January 18.
“Following a comprehensive inquiry, it has been established that the actions of the officers in question were in clear violation of the law and the ethical standards expected of members of the Nigeria Police Force. As a result, appropriate disciplinary measures are being taken to address this grave misconduct.
“The Rivers State Police Command is committed to upholding the highest standards of integrity, professionalism, and accountability. The behaviour exhibited by the implicated officers is completely unacceptable and does not represent the values and principles of our organisation. We deeply regret the negative impact that such misconduct may have on the reputation of the Rivers State Command and the Nigeria Police Force in general,” the spokesperson said.
She, however, stressed that the actions of a few individuals should not overshadow the dedication and sacrifice of the vast majority of officers who serve with honour and distinction.
She stressed that the Inspector General of Police has consistently articulated a zero-tolerance stance against corruption and misconduct within the Force, and that this incident does not reflect the aspirations of the Nigeria Police Force.
She assured that Rivers State Police Command would remain resolute in its commitment to serving and protecting the community with utmost professionalism and integrity.

Akujobi Amadi

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