TheNewsGuru

Tag: Rule of Law

  • Bank Charges and the Rule of Law, By Sonnie Ekwowusi

    Bank Charges and the Rule of Law, By Sonnie Ekwowusi

    By Sonnie Ekwowusi

    When last did you check the bank charges slammed on you by your bank to ascertain whether they are appropriate charges or not? If you have not formed the habit of assessing your bank charges better start off today otherwise your bank will be slowly and steadily stealing your money in the name of bank charges without your knowledge. Nigeria is challenged from within on all front-political democracy, security of lives and property, economy, cultural identity, humanitarianism, moral renaissance and so forth. To many discontented Nigerians, the faiths which had been the mainstay of a way of life in Nigeria for generations now appear too static and removed from pressing everyday problems. We have lost faith in practically everything. Consequently our salvation in Nigeria clearly lies in our hands. You have to provide your own electricity supply, security of life and property, drinkable water, housing, transportation, primary health care and so forth. You also have to monitor and protect your bank account otherwise your bank will be stealing your money under the guise of charging you stamp duty charge, maintenance charge, upgrading charge, value-added tax, service charge, alert charge, charge on transfer (COT), new cheque booklet charge, overdraft charge, returned cheque charge and other unfounded bogus charges.

    Last week the Federal High Court, Asaba in Rupert Irikefe V Central Bank of Nigeria, Zenith Bank Plc and the Attorney-General of the Federation held that that there is no express or implied duty in the Stamp Duties Act or any other law in Nigeria authorizing Zenith Bank Plc and other commercial banks in Nigeria to charge, impose and deduct N50 as stamp duty on any electronic transfer of monies from N1, 000 upwards. Therefore the court held that the imposition, deduction of N50 as stamp duty from the account of Rupert Irikefe by Zenith Bank Plc is unlawful and illegal. The court also ordered Zenith Bank to refund to Rupert Irikefe the total cumulative sum of money which it had illegally, unlawfully and wrongly deducted from Rupert Irikefe’s account as stamp duty. In handing down the aforesaid judgment, the court relied heavily on the valid and subsisting 2016 Court of Appeal decision in Standard Chartered Bank Limited V Kasmal International Services and 2017 Retail Supermarkets of Nigeria Limited V Citibank Nigeria Limited and the Central Banks of Nigeria.

    The import of the aforesaid judgment is that commercial banks in Nigeria are barred from charging their customers stamp duty and other illegal charges. The Central Bank of Nigeria (CBN) must take note of this. My bank is Access bank. Permit me to reiterate once again an encounter with Access bank which had instilled in me a certain revulsion against anything called bank in Nigeria. It was a bright Monday morning. I needed to rush to the bank and make a quick withdrawal. Before going to the bank, I checked my statement of account and there was money in my account. But upon getting to the bank and presenting my cheque at the counter, the smiling teller first grabbed it, held it out in the light for proper scrutiny, tapped the keyboard momentarily with her right thumb and thereafter returned it with the most foolish answer a bank could give to its customer on a busy Monday morning. “Sorry, sir, are you expecting some money? Insufficient fund in your bank account. Please see the inquiry desk”. “What?” I retorted. “I said, sir, that you have insufficient fund in your account”, she repeated. “Since when?”. My current bank statement of account tells me I have some money in my bank account”, I thundered. “Yes sir, that is why I said you should see the desk officer, sir”. I angrily left the counter and confronted the desk officer with the cheque. She quickly snatched it from me, perused it carefully, took a quick glance of it on the screen and returned the cheque back to me. Thereafter the following hot argument ensued:

    “There is something wrong with your account sir?”

    “What is wrong with it?”

    “Sir, you failed to migrate that was why the bank charged you N10,000”

    “Migrate to where?”

    “You failed to migrate to the new non-chargeable account, sir”

    “What do you mean by that nonsense?”

    “Sir, as at last three months ago, we gave all customers deadline to exercise the option to migrate to the new non-chargeable current account and those customers who failed to migrate were charged N10,000”

    “You are not serious. Did you inform me before proceeding to remove N10,000 from my account?”

    “Sir, we informed all customers”

    “I said, did you inform me personally in writing or otherwise?. At the time of opening this account the bank never told me that it would at any time deduct N10,000 from the account. Besides, my current statement of account indicates that I have sufficient funds in my account”

    “Sir, we sent out letters informing all customers”

    “My friend, listen, you may not understand the meaning of personal contract. I said: did you inform me personally?”

    “We did, sir”

    “Okay, where is the proof?”

    “I am sorry, sir, we don’t have it”

    “Then you must be a thief. How can you steal N10,000 from a customer’s account against customer’s wish. Is that your money?”

    “No, sir”

    “So, why did you steal it?’

    “I am sorry, sir. Please speak to my manager”

    “I am not speaking to any manager. Just return my N10,000”

    “I am so sorry, sir”

    “Sorry for yourself. You must return my money. Look, I am giving this bank 48 hours to return the N10,000 failure for which it would suffer many undesirable consequences”.

    Anyway, to cut the long story short, I left the banking hall fuming and threatening in anger. The next day the bank manager came calling with a letter of apology that the bank was going to sort itself out and make amends within one week. So, we must continue to demand for our rights in this country. It is not only the streets urchins, local government touts, SARS police and political thugs who are extorting money from hapless citizens. The banks are also extorting money from us. It beats the imagination that commercial banks which ought to protect their customers’ funds are now turning round to steal their customers’ funds. This is Nigeria for you. No idle moment in Nigeria. From the moment you get up in the morning until you return to bed in the night you are constantly ruffled by one thing or the other. If the kidnapper is not laying siege to the highway to capture you and whisk you away to their hideout where you will be handcuffed and chained to the ground until you have paid the last ransom, a staff of your bank is sitting down in an air-conditioned hall and secretly pilfering the money in your account under the guise of bank charges. So, you must get your bank to render you justice. You must stand up for your right. Always arm yourself with a copy of the judgment of the court in Rupert Irikefe V Central Bank of Nigeria, Zenith Bank Plc and the Attorney-General of the Federation. And anytime your bank misbehaves and charges you stamp duty, you must not hesitate to bring out a copy of the judgment and show it to your bank as a warning to remove the charge. The rule of law must prevail over arbitrary and capricious exercise of power.

  • What we are doing to ensure obedience to rule of law in Africa – AfBA

    What we are doing to ensure obedience to rule of law in Africa – AfBA

    The African Bar Association (AfBA) has said it is committed to the enthronement of rule of law in the continent.

    The foremost legal body in the continent decried the increasing disregard for court orders by sitting African leaders saying it will do everything within its power to put an end to the illegality that has continued for long.

    While calling on the media to join hands with it in the daunting tasks, the AfBA said from Nigeria to Gambia to Cape Verde and other African countries, the rule of law has been flagrantly ignored.

    The President of the association, Hannibal Uwaifo, at a recent briefing, noted that the government of Cape Verde had refused to obey the ECOWAS court order.

    He said, “As a responsible organisation, the African Bar Association has a duty to promote respect for the principles of the rule of law, constitutional democracy and good governance not only in West Africa but the whole of the continent.

    “While the African Bar Association is unable to involve herself in the undercurrents and politics of the detention of Ambassador Saab, it is heartwarming to confirm that instead of resulting to jungle justice and other primitive ways of settling disputes, the parties on their own volition submitted themselves to the jurisdiction of the ECOWAS Community Court.

    “Cape Verde refused to obey an earlier interim ruling. In the said ruling which the court gave before the final judgment, Cape Verde was ordered by the court not to put Mr Saab in prison but under house arrest with access to his physician, family members and legal counsels.”

    Meanwhile, the Chairman of the AfBA Committee on Information and Public Communications, Osa Director, at the briefing said the Association had concluded plans to hold its annual conference.

    Director said the event would hold in October at the Mahatma Gandhi International Conference Centre in Niamey, Niger Republic.

    According to Director, some former African presidents will also be honoured at the event for the role they played in the promotion of the rule of law.

    “One of them will be former President Goodluck Jonathan, former president of Liberia, Ellen Johnson, former president of Tanzania, Jakaya Kikwete, and the immediate past president of Niger Republic, Mahamadou Issoufou, the former president of Botswana, Festus Mogae, a retired judge in South Africa, Vavanethem Pillay,” he said.

  • Illegal Bank Charges and the Rule of Law, By Sonnie Ekwowusi

    Illegal Bank Charges and the Rule of Law, By Sonnie Ekwowusi

    By Sonnie Ekwowusi

    When last did you check the bank charges slammed on you by your bank to ascertain whether they are appropriate charges or not? If you have not formed the habit of assessing your bank charges better start off today otherwise your bank will be slowly and steadily stealing your money in the name of bank charges without your knowledge. Nigeria is challenged from within on all front-political democracy, security of lives and property, economy, cultural identity, humanitarianism, moral renaissance and so forth. To many discontented Nigerians, the faiths which had been the mainstay of a way of life in Nigeria for generations now appear too static and removed from pressing everyday problems. We have lost faith in practically everything. Consequently our salvation in Nigeria clearly lies in our hands. You have to provide your own electricity supply, security of life and property, drinkable water, housing, transportation, primary health care and so forth. You also have to monitor and protect your bank account otherwise your bank will be stealing your money under the guise of charging you stamp duty charge, maintenance charge, upgrading charge, value-added tax, service charge, alert charge, charge on transfer (COT), new cheque booklet charge, overdraft charge, returned cheque charge and other unfounded bogus charges.

    Last week the Federal High Court, Asaba in Rupert Irikefe V Central Bank of Nigeria., Zenith Bank Plc and the Attorney-General of the Federation held that that there is no express or implied duty in the Stamp Duties Act or any other law in Nigeria authorizing Zenith Bank Plc and other commercial banks in Nigeria to charge, impose and deduct N50 as stamp duty on any electronic transfer of monies from N1, 000 upwards. Therefore the court held that the imposition, deduction of N50 as stamp duty from the account of Rupert Irikefe by Zenith Bank Plc is unlawful and illegal. The court also ordered Zenith Bank to refund to Rupert Irikefe the total cumulative sum of money which it had illegally, unlawfully and wrongly deducted from Rupert Irikefe’s account as stamp duty. In handing down the aforesaid judgment, the court relied heavily on the valid and subsisting 2016 Court of Appeal decision in Standard Chartered Bank Limited V Kasmal International Services and 2017 Retail Supermarkets of Nigeria Limited V Citibank Nigeria Limited and the Central Banks of Nigeria.

    The import of the aforesaid judgment is that commercial banks in Nigeria are barred from charging their customers stamp duty and other illegal charges. The Central Bank of Nigeria (CBN) must take note of this. My bank is Access bank. Permit me to reiterate once again an encounter with Access bank which had instilled in me a certain revulsion against anything called bank in Nigeria. It was a bright Monday morning. I needed to rush to the bank and make a quick withdrawal. Before going to the bank, I checked my statement of account and there was money in my account. But upon getting to the bank and presenting my cheque at the counter, the smiling teller first grabbed it, held it out in the light for proper scrutiny, tapped the keyboard momentarily with her right thumb and thereafter returned it with the most foolish answer a bank could give to its customer on a busy Monday morning. “Sorry, sir, are you expecting some money? Insufficient fund in your bank account. Please see the inquiry desk”. “What?” I retorted. “I said, sir, that you have insufficient fund in your account”, she repeated. “Since when?”. My current bank statement of account tells me I have some money in my bank account”, I thundered. “Yes sir, that is why I said you should see the desk officer, sir”. I angrily left the counter and confronted the desk officer with the cheque. She quickly snatched it from me, perused it carefully, took a quick glance of it on the screen and returned the cheque back to me. Thereafter the following hot argument ensued:

    “There is something wrong with your account sir?”

    “What is wrong with it?”

    “Sir, you failed to migrate that was why the bank charged you N10,000”

    “Migrate to where?”

    “You failed to migrate to the new non-chargeable account, sir”

    “What do you mean by that nonsense?”

    “Sir, as at last three months ago, we gave all customers deadline to exercise the option to migrate to the new non-chargeable current account and those customers who failed to migrate were charged N10,000”

    “You are not serious. Did you inform me before proceeding to remove N10,000 from my account?”

    “Sir, we informed all customers”

    “I said, did you inform me personally in writing or otherwise?. At the time of opening this account the bank never told me that it would at any time deduct N10,000 from the account. Besides, my current statement of account indicates that I have sufficient funds in my account”

    “Sir, we sent out letters informing all customers”

    “My friend, listen, you may not understand the meaning of personal contract. I said: did you inform me personally?”

    “We did, sir”

    “Okay, where is the proof?”

    “I am sorry, sir, we don’t have it”

    “Then you must be a thief. How can you steal N10,000 from a customer’s account against customer’s wish. Is that your money?”

    “No, sir”

    “So, why did you steal it?’

    “I am sorry, sir. Please speak to my manager”

    “I am not speaking to any manager. Just return my N10,000”

    “I am so sorry, sir”

    “Sorry for yourself. You must return my money. Look, I am giving this bank 48 hours to return the N10,000 failure for which it would suffer many undesirable consequences”.

    Anyway, to cut the long story short, I left the banking hall fuming and threatening in anger. The next day the bank manager came calling with a letter of apology that the bank was going to sort itself out and make amends within one week. So, we must continue to demand for our rights in this country. It is not only the streets urchins, local government touts, SARS police and political thugs who are extorting money from hapless citizens. The banks are also extorting money from us. It beats the imagination that commercial banks which ought to protect their customers’ funds are now turning round to steal their customers’ funds. This is Nigeria for you. No idle moment in Nigeria. From the moment you get up in the morning until you return to bed in the night you are constantly ruffled by one thing or the other. If the kidnapper is not laying siege to the highway to capture you and whisk you away to their hideout where you will be handcuffed and chained to the ground until you have paid the last ransom, a staff of your bank is sitting down in an air-conditioned hall and secretly pilfering the money in your account under the guise of bank charges. So, you must get your bank to render you justice. You must stand up for your right. Always arm yourself with a copy of the judgment of the court in Rupert Irikefe V Central Bank of Nigeria, Zenith Bank Plc and the Attorney-General of the Federation. And anytime your bank misbehaves and charges you stamp duty, you must not hesitate to bring out a copy of the judgment and show it to your bank as a warning to remove the charge. The rule of law must prevail over arbitrary and capricious exercise of power.

     

     

  • Police brutality and the rule of law, By Sonnie Ekwowusi

    Police brutality and the rule of law, By Sonnie Ekwowusi

    Sonnie Ekwowusi

    Somehow the refrain or the singsong, “Black lives Matter” has sunk into popular consciousness. It is now fashionable to appreciate and even discuss the sacredness and dignity of the lives of blacks in reminiscent of the barbaric murder of George Floyd. At the restart of the English Premier League all the 22 players on the soccer pitch were spotted, at least in the first week of the League, adorning jerseys with the bold inscription “Black lives matter” on their back in honour of the murdered George Floyd, and, I guess, as a demonstration of solidarity against racism and inequality.

    Unfortunately the police is undeterred. It is unconvinced that the lives of black men matter let alone be preserved. On or around 13th July 2020, another police officer was caught by camera kneeling on the neck of another Afro-American in the course of an arrest in Pennsylvania, U.SA. And just last week, the London Police Force suspended a London police officer pending an investigation after a footage emerged alleging that he knelt on the head and neck of a black suspect. The victim allegedly started screaming, “Get off me … get off my neck”. Back home in Nigeria last week, the embattled former acting Managing Director of Niger Delta Development Commission (NDDC), Ms. Joy Nunieh would have either been brutalized or forcefully abducted by the police if not for the timely interception of Governor Nyesom Wike of Rivers State. As early as 4.30 a.m. the battle-ready policemen had besieged Joy Nunieh’s residence in order to gain entrance into her residence. If Governor Wike had not swiftly arrived to the scene on time to chase away the policemen they would have accomplished their mission without any police warrant, charge and trial and conviction of Ms. Nunieh. Were Joy Nunieh an ordinary citizen without any contact with anybody in the corridors of power the policemen laying siege to her residence last week would have succeeded in illegally brutalizing or abducting her.

    So no lessons learnt from thevbarbaric murder of George Floyd? I think so. We are still at the mercy of the police both at home and abroad. You may be aware that the brutality and barbarity with which George Floyd was murdered are negligible compared to the gruesome police extra-judicial executions and police brutality in Nigeria. Extra-judicial executions and unlawful killings by the Nigeria Police are well documented by the Amnesty International. The Amnesty International has also documented reports on how innocent civilians in Nigerians are habitually being extorted, raped, tortured, and killed by police officers who are members of the Special Anti-Robbery Squad (SARS). Permit me to briefly narrate one particular event of my professional life which you may find repugnant. Many years ago, I went to the Bode Police Station, Surulere, Lagos for something I cannot readily remember now. No sooner had I climbed up the back stair to meet a desk officer on duty than I saw a young man hanging upside down inside one of the dirty police cubicles. Blood was already gushing out and clotting on his nostrils. His face had turned red. He was gasping for breath, an indication that he was chocking to death. From my standpoint I spontaneously opened my mouth wide and began shouting to the hearing of everyone, “Release him! What did he do!”, “You want to kill someone”. Immediately the police officer standing in front of the victim quickly untied the victim and assisted him to stand in an upright position thus enabling him to breathe properly. The officer obeyed because he sensed I was poised to do physically battle with the police for hanging a suspect upside in order to suffocate him to death.

    The rule of law ought to reign supreme over arbitrary and capricious exercise of police power. The fundamental human rights of Nigerian citizens including the constitutional rights of criminal suspects, detainees and even criminal convicts are clearly stipulated in our 1999 Constitution. Every citizen is presumed innocent until proved guilty by a court of law of competent jurisdiction. Suspicion, no matter how probable or grounded, cannot secure a criminal conviction. A police officer or any law enforcement agents, in a bid to detect crime or apprehend an offender, may stop any citizen for a search or questioning, but on the condition that he first identifies himself as a police officer by stating his names, police station and the grounds for the questioning or the search. If the police man fails to sufficiently identify himself as aforesaid, then the citizen is not obliged to submit himself for a search or questioning. Any person who is arrested or detained shall have the right to remain silent or avoid answering any question from the police until after consultation with his legal practitioner of his own choice. Also any person who is arrested or detained shall be informed in writing within 24 hours in the language in which he understands of the facts and grounds for his arrests or detention. And where a person has been arrested either for the purpose of charging him to court or upon reasonable commission of an offence, such a person must be charged to court within a reasonable time not exceeding 48 hours failure for which he should granted bail pending appeal.

    This is the law in Nigeria. I have recently acquired a copy of Chief Frank Agbedo’s latest magnum opus with the alluring title, Casebook on Human Rights Litigation in Nigeria. The well-printed human rights book that runs up to 1090 pages focuses, inter alia, on cases on police brutality and ground-breaking innovations in human rights and public-interest litigations in Nigeria. With grandiloquent landmark legal cases and locus classicus illustrations, the learned author carefully marshaled out in his aforesaid book the new revolutionary trends in the enforcement of fundamental human rights and public interest litigations in Nigeria. For example, the author cited the case of Abacha V Fawehinmi and other cases establishing that the African Charter on Human and Peoples’ Rights was adopted by Nigeria in 1983 and thenceforth had been incorporated into our domestic law. Consequently, the law of locus standi in Nigeria has changed. Citing the case of Mrs. Ganiat Amope Dilly V Inspector General of Police and others, the learned author established that Locus standi is now given a very expansive interpretation in contrast from the narrowed interpretation given to it by the Supreme Court in Abraham Adesanya v. The President of the Federal Republic of Nigeria and Gani Fawehinmi V Halilu Akilu. Today an applicant does not have to first establish that he had directly suffered any personal wrong before initiating an action under the Fundamental Human Rights (Enforcement Procedure) Rules 2009.

    The import of this revolutionary change is that aggrieved persons now have unimpeded access to court to seek remedy. Amid the reign of police brutality and executive lawlessness, the rule of law still remains the bulwark of our democracy. A democracy bereft of the rule of law is heading for anarchy. This is because regard for the rule of law is the bedrock upon which our society lays its claim to civilization.

  • How Buhari led FG persistently assaulted rule of law in 2019 – NBA

    The Nigerian Bar Association (NBA) has condemned the “executive misbehaviour and high-handedness” of the federal government in 2019.

    The president of the association, Paul Usoro, said this in his New Year’s message saying peace and justice cannot reign in the country if the government continues to pay lip service to the rule of law.

    He said; “In 2019, the rule of law in Nigeria was persistently assaulted and lay prostrate, thanks mostly to executive misbehaviours and high-handedness/ 2019 marked the year that removal of public officers through nebulous and reprehensible ex parte orders of the Code of Conduct Tribunal (CCT) gradually became the norm in our national life.

    “It started with the removal of Justice Walter Onnoghen through a purported CCT ex parte order in the first quarter of 2019 and, towards the end of the year, this abnormality was repeated with the removal from office of the acting Registrar General of the Corporate Affairs Commission, Lady Azuka Azinge, through a questionable ex parte order,” he added.

    The NBA president also condemned the invasion of the court by agents of the Department of State Services (DSS) in the case of Omoyele Sowore, saying “it was a horrifying assault on the rule of law and the sacred sanctum of our courts and judicial processes”.

    Usoro added; “It was somewhat reassuring that in the dying days of 2019 and at the instance of the attorney-general of the federation and minister of justice, Abubakar Malami, (SAN) both Omoyele Sowore and Sambo Dasuki were finally released from confinement by the DSS, after being detained for prolonged periods against the orders of courts. It is our hope that, in 2020, we would build on this new resolve by the government and ensure that court orders are obeyed across the board by our state officials and agencies.”

    “We must remind our leaders of the pledges that they made when they courted us in 2019 for our votes. We must demand those rights that are guaranteed to us in our Constitution and in the social contract with elected officials.”

    Usoro also said in 2020, the Nigerian Bar Association will continue to speak for Nigerians. “We will persist in holding governments to account, particularly as it relates to the promotion and protection of the rule of law and the delivery of democracy dividends to our people,” he said

  • Falana to Malami: Release El-Zakzaky to prove Buhari’s new respect for rule of law

    SAN Femi Falana has written an open letter to the Attorney-General of the Federation and Justice Minister, Abubakar Malami, over the detention of Shiites leader, El-Zakzaky and his wife.

    The human rights lawyer decried the demining refusal of the Federal Government to comply with court orders over the unconstitutional arrest and detention of El-Zakzaky and his wife by armed soldiers.

    Read the full letter below…

    Dear Honourable Justice Minister,

    Request for compliance with court orders in favour of Sheikh Ibraheem El-Zakzaky and Hajia Zeinat El-Zakzaky

    We are solicitors to Sheikh Ibraheem El-Zakzaky and Hajia Zeinat El-Zakzaky (hereinafter referred to as “our clients”) on whose behalf we write this letter.

    In view of the recent decision of the Federal Government to comply with all court orders, we have the instructions of our clients to request you to ensure compliance with the valid and subsisting orders of the Federal High Court and Kaduna State High Court concerning them which are set out hereunder:

    1. On December 2, 2016, the Federal High Court presided over by the Honourable Justice G. O. Kolawole (now of the Court of Appeal) declared illegal and unconstitutional the arrest and detention of Sheikh Ibraheem El-Zakzaky and his wife, Hajia Zeinat El-Zakzaky by armed soldiers.

    2. Consequently, the court awarded them N50m damages for their illegal detention, ordered the state security service to release them from custody forthwith and provide them with a house since the Nigerian Army had burnt down and demolished their house in Zaria, Kaduna State.

  • Sowore: ‘Respect rule of law…’ UK govt tells Buhari

    The United Kingdom has said it is closely following the continued detention of Convener of the #RevolutionNow movement, Omoyele Sowore while calling on the Nigerian government to respect the fundamentals for democracy.

    Mr. Sowore was rearrested by operatives of the Department of State Security Service (DSS) on Friday at a Federal High Court in Abuja, a situation that has sparked reactions from many.

    The British High Commission in Nigeria, in a tweet, called for the respect for the rule of law, stating that the ideals set out in the Universal Declaration of Human Rights should be upheld.

    “As we celebrate #HumanRightsDay, we encourage all political, state and non-state actors to uphold the ideals set out in the Universal Declaration of Human Rights, signed 71 years ago today.

    “We are following closely the continued detention of #Sowore. Respect for the rule of law and free and responsible speech is fundamental for #democracy.

    “The UK is committed to defending and strengthening human rights worldwide and, as we conclude #16DaysofActivism2019, working to end gender-based violence.”

    The UK is committed to defending and strengthening human rights worldwide and, as we conclude #16DaysofActivism2019, working to end gender-based violence.

  • Saraki: Education Crucial for Peace, Security, Rule of Law

    President of the Senate, Dr. Abubakar Bukola Saraki, has reiterated the importance of education in ensuring peace, security and rule of law in any society.

    Saraki, stated this while contributing to the General Debate on the theme: “Parliaments as Platforms to Enhance Education for Peace, Security and the Rule of Law” at the ongoing 140th General Assembly of the Inter-Parliamentary Union (IPU) in Doha, Qatar.

    He noted that “education is a fundamental human right – central to the development of citizens as well as what contributions they make to society,” according to a statement by his Chief Press Secretary, Sanni Onogu.

    He added that the National Assembly holds strongly that with the right education, Nigerian youths would be less susceptible to the radicalising influence of terrorist groups and other societal ills, thereby “helping to birth a more peaceful, secure and just society.”

    He however regretted that the security challenges confronting the country today are traceable to – or exacerbated by – challenges in the nation’s education sector.

    He however stated that even though Nigeria has about 13.2 million Out-of-School-Children – the highest in the world – according to the Universal Basic Education Commission (UBEC), the 8th National Assembly has and would continue to work with the Federal Government to address the shortfall with combined strategies to enhance peace, security and the rule of law in the country.

    Saraki said: “De-radicalisation programmes for former militants or insurgents have a strong education component, and these have proven very effective for peace-building and security.

    “The Presidential Amnesty Programme for ex-Niger Delta militants involved free local and international tertiary education for former combatants. This is in recognition of the fact that education reduces youth restiveness, which in turn promotes peace.

    “As part of parliament’s effort to ensure that education is built on solid foundation, we passed The Universal Basic Education Commission (UBEC) Amendment Act which guarantees free and compulsory education for all Nigerians up to secondary school level; while also increasing from 2% to 3% the budgetary allocation to universal basic education.

    “The law also makes it easier for states to access UBEC intervention funds, as the benchmark for counterpart funding has been reduced from 50% to 10%. This and other legislative interventions will make all the difference, we believe, in basic education in Nigeria.

    “The 8th Senate is looking to amend the Tertiary Education Trust Fund (TETFUND) Act 2011 to include Colleges of Agriculture as beneficiaries of the fund, to improve the quality of education in those institutions. We amended the Federal Polytechnics Act to enhance the quality of learning as well as prospects of graduates in the job market.

    “The Sexual Harassment in Tertiary Educational Institution Bill, which we have also passed, aims to protect female students from gender-based violations.

    “We have acted decisively in the terrorism situation in the north with the passage of the North-East Development Commission (NEDC) Act, which is all about bringing people back from internally displaced camps back to normal life in the region. Children will go back into the school system and peace will return to those areas.

    “We do affirm that the rule of law is crucial to viable democracy, and for a successful and peaceful society. Education is necessary in order for people to appreciate where a society is, and where it should be headed.

    “No society develops without sustained democracy and the rule of law, which leads to economic development. Even those who are going to invest in a country will only do so when we have sustainable democracy that guarantees stability; that also requires the rule of law.

    “Parliament’s actions must therefore be guided by these considerations when we tackle the education needs of our societies. It is only then that we can truly say that we have been able to use education for the enhancement of peace, security and the rule of law,” he stated.

    He insisted that it is important for the General Assembly of the IPU to work for sustainable democracy through Parliaments and for better oversight by parliamentarians to ensure that set targets are met.

    “Education is not a choice but a compulsory act that must be taken seriously by all citizens, as I am sure you all agree,” he stated.

  • Onnoghen: FG rejects dictator title for Buhari, insists due process was followed

    Onnoghen: FG rejects dictator title for Buhari, insists due process was followed

    The Federal Government on Monday rejected the allegation that Nigeria is sliding into dictatorship because of the filing of charges against Chief Justice of Nigeria Walter Onnoghen at the Code of Conduct Tribunal (CCT).

    President Muhammadu Buhari’s administration “stands firm on the Rule of Law”, the government said.

    It insisted that Justice Onnoghen has a case to answer on the alleged breach of the Code of Conduct for Public Officers.

    Besides, it maintained that the only body statutorily empowered to deal with this is the Code of Conduct Tribunal (CCT), adding that the CCT was right to have directed Justice Onnoghen’s suspension. The President, said the government, did the right thing by acting on the orders of the tribunal.

    The government said it was “unfortunate that the talk about due process has overshadowed the talk about the substance”.

    It accused the leading opposition party, the Peoples Democratic Party (PDP), of engaging in “hysteria and theatre of the absurd to overheat the polity”.

    It said that Onnoghen’s trial is not about the forthcoming elections.

    Minister of Information and Culture Lai Mohammed stated the government’s position at a crowded briefing in Abuja, where he pointed out that said the CJN had been given fair hearing.

    But he expressed regrets that Justice Onnoghen had been abusing his position and dodging service of legal papers.

    Mohammed said: “As you would recollect, President Buhari last Friday complied with the order of the CCT, directing the suspension of the Chief Justice of Nigeria, Hon Justice Walter Onnoghen, pending the determination of the cases against him at the Code of Conduct Tribunal and several fora relating to his alleged breach of the Code of Conduct for public officers.

    “Since then, there have been widespread reactions from within and outside the country. In particular, the opposition has latched on to it, threatening fire and brimstone and concocting all sorts of imaginary scenarios and generally muddying the waters.

    “In what I will call the theater of the absurd, the main opposition party, the PDP, even suspended its electioneering campaign for 72 hours! Of course, you must have seen my reaction to that. I said there is nothing to suspend in a campaign that never took off in the first instance! So much for the opposition’s hysteria.

    “Today, I have called this press conference to set the records straight and redirect the discourse. Contrary to what the opposition and their ilk have been saying, this is not about the forthcoming elections; neither does the suspension of the CJN signal the beginning of dictatorship. President Buhari is an avowed democrat, and this he has proven time and time again. This administration stands firm on the rule of law!”

    Mohammed said the charges against Justice Onnoghen border only on the alleged breach of the Code of Conduct for public officers.

    He added: “This whole issue is about the country’s highest judicial officer, the Chief Justice of Nigeria, being accused of a breach of the Code of Conduct for Public Officers, and the legal and moral conundrum surrounding that.

    “It is about the suspicious transactions running into millions of dollars to the suspended CJN’s personal accounts, all undeclared or improperly declared as required by law. It is about the Hon. Justice Onnoghen himself admitting to the charges that he indeed failed to follow the spirit and letter of the law in declaring his assets, calling it a ‘mistake’. And it is about him refusing to take responsibility, instead opting to put the entire judiciary on trial.

    “Please remember that Justice Onnoghen has been given the opportunity of fair hearing, but he has been abusing his position and the judicial process by filing frivolous applications and even dodging service of process.”

    Mohammed highlighted what he termed as the big picture on Justice Onnoghen’s case.

    He said: “What is the big picture? In the words of The Right Honourable Sir Alfred Denning, or Lord Denning, then Lord Justice of the British Court of Appeal, a judge should in his own character be beyond reproach, or at any rate should have so disciplined himself that he is not himself a breaker of the law.

    “Still talking of the big picture, some have suggested that the suspension of Justice Onnoghen is a threat to our democracy or even the country’s very existence. They are wrong. Again, Lord Denning, himself quoting the words of Sydney Smith, said: ‘Nations fall when judges are unjust, because there is nothing which the multitudes think worth defending.’’

    “Had the section of the media that I referred to earlier understood the big picture, they would have framed the debate differently, rather than work to inflame passion and help those seeking to muddy the waters.”

    The Minister insisted that the only statutory body which can try Justice Onnoghen is the CCT and not the National Judicial Council (NJC).

    He said the allegations against the CJN were beyond professional misconduct.

    Citing some judgments delivered by Justice Onnoghen, the Federal Government said the CJN had severally asserted the powers of the CCT to try any breach of the Code of Conduct for Public Officers.

    The Minister said: “It is unfortunate that in the ensuing debate, the talk about due process has overshadowed the talk about the substance. Procedure cannot or should not trounce substance.

    “That brings me to the role of the National Judicial Council (NJC). Some have argued that the Justice Onnoghen’s issue should have been referred to the NJC to handle. They would have been right if Justice Onnoghen had been accused of professional misconduct, which is what is within the purview of the NJC.

    “The allegations against Justice Onnoghen go beyond professional misconduct. It is the alleged breach of the Code of Conduct for Public Officers. And only one body is statutorily empowered to deal with this: The Code of Conduct Tribunal.

    “Interestingly, Justice Onnoghen himself has elucidated on this. In various judgments, he upheld the provisions of the law concerning the CCT. In one particular judgment he delivered on July 12, 2013, Justice Onnoghen held that the CCT had EXCLUSIVE JURISDICTION (emphasis mine) to deal with all violations contravening any of the provisions of the Code of Conduct Bureau.

    “Let me put this in a layman’s language: All breaches of the Code of Conduct for Public Officers must be handled by the Code of Conduct Tribunal. Pure and simple. In other words, Justice Onnoghen’s judgment held that the provisions “expressly ousted the powers of ordinary regular courts in respect of such violations”.

    “In a case between Ismaeel Ahmed and Nasiru Ahmed, Congress for Progressive Change (CPC), Chairman of the Kano State chapter of the party, and the Independent National Electoral Commission (INEC), which has been reported by the media, Onnoghen, while interpreting Paragraph 12 of the Fifth Schedule of the 1999 Constitution (as amended) as regards CCT’s jurisdiction held that, “…the said paragraph 12 provides as follows: ‘Any allegation that a public officer has committed a breach of or has not complied with the provisions of this Code shall be made to the Code of Conduct Bureau.”

    “The judgment, which was delivered at the Supreme Court with suit number ‘SC.279/2012’ before Justices Onnoghen and others, also held that the provisions of the law are clearly unambiguous. Justice Onnoghen said that the provisions are, “so construed literally meaning that any breaches of any provisions of the said 5th schedule or matters of noncompliance with any provisions of the Code shall be made to the Code of Conduct Bureau that has established its Tribunal with the exclusive jurisdiction to deal with any violations of any provisions under the Code.’’

    “Is anyone still in doubt that the CCT is the right court to try the alleged breach of the Code of Conduct for Public Officers levied against Justice Onnoghen? Is it not clear that challenging the jurisdiction of the CCT to try him is an abuse of court process by Justice Onnoghen?

    “As for those who argued that the CCT is wrong in ordering Justice Onnoghen’s suspension, are they aware that Justice Onnoghen himself disagreed with them? In the judgment I referred to earlier, he wrote: ‘The Tribunal to the exclusion of other courts is also empowered to impose any punishments as specified under sub-paragraphs (2) (a), (b) & (c) of paragraph 18 as provided in sub-paragraphs 3 and 4 of paragraph 18 while appeals shall lie as of right from such decisions to the Court of Appeal Justice.

    “In essence, the CCT is right to have directed Justice Onnoghen’s suspension, and the President did the right thing by acting on the orders of the CCT. Needless to say that in many of the cases of professional misconduct against judges that Justice Onnoghen has presided over at the NJC; judges have been suspended while still undergoing trial!

    The Minister listed some other issues surrounding Justice Onnoghen’s matter.

    ”Gentlemen, from the foregoing, it is clear that:

    • Contrary to the cacophony of voices that have been muddying the waters, the CCT was acting within its powers in ordering the suspension of Justice Onnoghen as Chief Justice of Nigeria, and President Muhammadu Buhari was right in carrying out the order.
    • The suspension of Justice Onnoghen is a consequence of his breach of the Code of Conduct for Public Officers and has nothing to do with the forthcoming elections, neither does it signify the onset of dictatorship or tyranny as some have insinuated. It amounts to irresponsible extrapolation to say that the suspension of Justice Onnoghen is the onset of dictatorship.
    • A section of the media shirked their agenda-setting role by failing to objectively lead the discourse on the issue of the allegation facing Justice Onnoghen and his subsequent suspension. Certain editorials crossed the acceptable limit of decent discourse, and did little or nothing to enlighten the public on the issue at stake.

    The Minister faulted the opposition for engaging in hysteria and for overheating the polity.

    He said: “The opposition, in its reaction, is guilty of engaging in hysteria and for overheating the polity. Conveniently, they have anchored their failed campaign for the 2019 election on an issue that is totally unrelated to the election.

    “By their reaction, they have made their tattered umbrella available for shielding alleged corrupt persons. Their leopard can never change its spots: The PDP is corruption personified and it’s only reason for seeking a return to office is to complete their looting of the national treasury.

    “The attack dogs unleashed by the opposition have been engaging in incitement and other actions that can threaten law and order. There is no cause for alarm, as the law enforcement agencies are alive to their responsibilities

    “The threat of mass action by some groups cannot undermine the course of justice. More Nigerians are with us than are with them on this issue, going by the feelers that we are getting from across the country. Those who want to protest against the suspension of the CJN should feel free to exercise their rights within the limits of the law.”

    Mohammed cautioned the media against hasty conclusions on Justice Onnoghen’s case which had led to some ill-informed editorial comments.

    “It is regrettable to note that the media, which should have led the discourse, has not done so. In fact, a section of the media has taken sides.

    “Several newspapers have written editorials on this issue. Some newspapers have employed rather crude and obnoxious language to push forth their opinions while others have been more tempered.

    “But, curiously, none has written from a perspective that shows that they understand the big picture,” the minister added.

     

  • Buhari’s government renowned for abuse of rule law, disobedience to court orders – NBA President

    The President of the Nigeria Bar Association (NBA), Paul Usoro, has accused the Muhammadu Buhari administration of trampling on the rule of law and disobeying court orders.

    Usoro, who is accused of fraudulently receiving N1.4 billion from the Akwa Ibom State government, said this in a New Year message delivered on behalf of the association.

    The anti-graft agency, EFCC, accused the NBA president of conspiring with officials of the Akwa Ibom State government to divert the said sum. The senior lawyer has, however, explained that the money was payment for legal services offered to the state governor, Udom Emmanuel, and the state government.

    In his New Year message, Usoro accused the federal government of “threatening the rule of law by attacking judicial officials from the bar and the bench.”

    “In our country, the rule of law suffers degradation in multiple ways. The rule of law is trampled upon when there is no access to justice or when such access is denied, not well defined or is constrained, stifled or impaired howsoever.

    “The rule of law is threatened when the practice of law, whether at the Bar or on the Bench, is brought under siege by agencies of state through their actions and/or inactions,” Usoro said.

    Usoro also described the failure of the government to obey court judgment as an outright subjugation of the rule of law.

    “The rule of law suffers subjugation when the rights of our people are trampled upon, whether in terms of rights abuses or brazen disobedience of court orders and judgments.

    The president, Muhammadu Buhari’s administration has been condemned by human rights activists for its refusal to comply with court orders for the release of former National Security Adviser, Sambo Dasuki.

    The government was also condemned for detaining Shiite leader, Ibrahim El-Zakzaki for over two years without trial, before he was later arraigned, following widespread protests by the Shiite members.

    Usoro also accused the Buhari led government of failing to provide strong structures to combat abuse of power.

    “The rule of law is degraded when we, wittingly or unwittingly, fail to build strong institutions that can stand up to the arbitrariness and abuse of power.

    The NBA president said the bar will remain relentless in its efforts to condemn what he described as “undermining practices of government,” as the elections draw near.

    Usoro, in the report, called on Nigerians to partake in the general elections and vote in leaders they believe can salvage the country.

    “In 2019, we will continue to condemn and beam our searchlights on these undermining practices. Nigerian lawyers must stand as a united and independent Bar against these unwholesome and undemocratic practices. In carrying out this responsibility, we must not be cowed or intimidated howsoever.

    “Our role as the voice is even more pronounced and accentuated in this election year. This is the year that we would decide both at the national and states levels, how we wish to be governed and into whose hands we will entrust our affairs and lives.

    “The quality of rulers that we will vote into power this year will determine whether we move from a perennially consumption economy into a productive and hopefully an industrialized economy; it would determine whether we would, in our lifetimes, ever be assured of such basic necessities as pervasive energy supply and provision of potable water and primary health care for our citizens.

    “The elections of 2019 should and must, therefore, serve as a defining moment for our country. In fulfilling these mandates, we have civic responsibility, as lawyers, to cast our votes and I am hoping that we all have our PVCs ready and available for that all-important assignment.”