LIBEL & SLANDER: TO DEFAME ANOTHER

LIBEL & SLANDER: TO DEFAME ANOTHER


The recent rise in Nigeria’s
online activity has brought about a new way of sharing information, social
media and blogging have become mainstream sources of information for anything
from breaking news to entertainment news, and even gossip.  With over 11 million Nigerians on facebook,
twitter and many blogspots springing up daily, Nigeria is now a major player in
the social media digital world. 
With the constant live streaming

of information and trends, it is difficult to separate the truth from the lies. These writers who are usually amateurs and are
sometimes tempted to throw caution to the wind, write whatever they well
please about whomever they well choose. No one disagrees more with the limitless
freedom available on social media and the internet other than politicians and public figures who are
usually the subjects of very crude and indecent remarks on social media.  It is of immense importance to note that
though we have the freedom of expression to tweet, post, blog or say what we
like, the law imposes limits on this freedom and saying the wrong thing about
the wrong person may be classified as being defamatory thus inviting civil and criminal litigation.
What is defamation?
According to the Criminal Code in
section 373, a defamatory matter is a matter likely to injure the reputation of
any person by exposing him to hatred, contempt, or ridicule, or likely to
damage any person in his profession or trade by any injury to his reputation. Such
matter may be expressed in spoken words or in any audible sounds, or in words
legibly marked on any substance whatever, or by any sign or object signifying
such matter otherwise than by words, and may be expressed either directly or by
insinuation or irony. It is immaterial whether at the time of the publication
of the defamatory matter; the person concerning whom such matter is published
is living or dead. In essence, saying anything likely to damage the reputation
of a person may be considered defamatory.
Defamation could either be a
libel or slander, it is considered libel when the false statement is published
in written form for instance in newspapers, magazines and the web but considered slander when it is spoken.
What are the legal consequences
of defamation?
Any person, who publishes any
defamatory matter, is guilty of a misdemeanour and is liable to imprisonment
for one year; and any person who publishes any defamatory matter knowing it to
be false, is liable to imprisonment for two years. Also, any person who publishes,
or threatens to publish, or offers to abstain from publishing, or offers to prevent
the publication of defamatory matter, with intent to extort money or other
property, or with intent to induce any person to give, confer, procure, or
attempt to procure, to, upon, or for, any person, any property or benefit of
any kind, is guilty of a felony and is liable to imprisonment for seven years
(Section 375 – 376, Criminal code).
Before you however think that you
are going to prison because of what you tweeted or posted or said about someone
else, note that the publication of a defamatory matter is not an offence if the
publication is, at the time it is made, for the public benefit and if the
defamatory matter is true. Publications may also be deemed privileged and not a
crime when such was made under the directive of the President, Governor or
Minister and when it forms part of a court proceeding or proceedings backed up
by law.
Adedunmade Onibokun
‘adedunmade 
SYRIA IMBROGLIO: APPLICABILITY OF INTERNATIONAL LAW RULES AND PRACTICE

SYRIA IMBROGLIO: APPLICABILITY OF INTERNATIONAL LAW RULES AND PRACTICE


SYRIA IMBROGLIO:
APPLICABILITY OF INTERNATIONAL LAW RULES AND PRACTICE:
by 
Dr. Theophilus Olusegun
Obayemi, II*
 
 I.         
Introduction
 We re-examine the
United States-led intervention in Syria. First, our thesis is that within the
context of the International Court of Justice (“ICJ”)’s decision in Military
and Paramilitary Activities in and against Nicaragua (Nicaragua v. United
States of America)
, Jurisdiction and Admissibility, 1984 ICJ REP. 392 June
27, 1986.—there has actually been “interventions” by the United States and its
allies inside the Syrian borders. Second, we argue that the United Nations
General Assembly (“UNGA”) ought to have requested the ICJ to issue an Advisory
Opinion on the legality and/or lawfulness of the United States and French-led
intervention in Syria. Third, humanitarian intervention towards preventing
genocide and serious violations of humanitarian rights is now a jus cogens,
which does not need a United Nations Security Council’s Resolution. In a
nutshell, the UNGA should have taken over the jurisdiction of the Syrian case
over and above the need for a Chapter VII Security Council Resolution.

 In September 2013, many
international law observers had expected a full-blown attack by the United
States armed forces against the Assad Syrian government. In an attempt to avoid
being dragged into an unpopular military action as occurred in Vietnam and
Iraq, President Barrack Obama sought ratification and support from the
Congress. In the midst, Vladmir Putin, Russian Head of State offered to
negotiate the peaceful surrender of chemical weapons by Assad. Salutory as the
efforts to avert military confrontation may seem, international law
practitioners are concerned that the rules of international law were not
followed and were neither referenced in solving the impasse.
II.       
Origin of the Syrian Revolution
 The Arab Spring consumed
the entire Arab world in 2011. Wave of civil wars, revolutionary
demonstrations, protests and riots dubbed the “Arab Spring” started in December
2010 and spread across North Africa and into the Middle East in 2011. As of
October 2013, rulers have been forced from power in Tunisia, Egypt (twice),
Libya, and Yemen. In addition,
civil uprisings have erupted in Bahrain
and Syria. Further, major
protests broke out in Algeria,
Iraq, Jordan,
Kuwait,
Morocco,
and Sudan.
We also witnessed minor protests in Mauritania,
Oman, Saudi
Arabia
, Djibouti,
Western
Sahara
, and the Palestinian Authority.
 Of particular importance is
that in March 2011, Pro-democracy protests in Syria started in earnest when a
group of 200 mostly young protesters gathered in the Syrian capital Damascus to
demand reforms and the ouster of Syrian President Bashar al-Assad in a ‘Day of
Rage.’ A Facebook group called
“The Syrian Revolution 2011 Syrian revolt against Bashar al-Assad” garnered
more than 41,000 fans, while Syrian Twitter users tweeted for the world
to pay attention. Video
footage
emerged showing the protests. Between March
2011 and September the Assad government battled rebels who gained significant
inroads into the political control of the Syrian landmass.
 Then came the
use of chemical weapons.
Syria has always had a
“long-standing chemical warfare program”, which was first developed
in the 1970s. A recent report from the US Congressional Research Service said
Syria probably began stockpiling chemical weapons in 1972 or 1973, when it was
given a small number of chemicals and delivery systems by Egypt before the 1973
Arab-Israeli war. Further, Damascus started acquiring the materials and
knowledge necessary to produce chemical weapons in the 1980s, with the help of
the Soviet Union. Equipment and chemicals were also procured from European
companies. While the exact size of Syria’s chemical weapons arsenal is not
known, in June 2012, Israel Defense Forces (IDF) Deputy Chief of Staff Maj Gen
Yair Nave described it as “the largest in the world”. In addition,
according to a French intelligence assessment published in September 2013,
Damascus has more than 1,000 tonnes of chemical agents and precursor chemicals,
including:
         
Several hundreds of tonnes of sulphur mustard
         
Several hundreds of tonnes of sarin
         
 Several
tens of tonnes of VX
 According to a report by UN
chemical weapons inspectors, there is “clear and convincing evidence”
that surface-to-surface rockets containing sarin were fired at suburbs to the
east and west of Damascus in an attack on 21 August that killed hundreds of people.
Further, according to US, British, French and Israeli officials, there is also
evidence that Syrian government forces used sarin against rebels and civilians
on several previous occasions. Finally, French intelligence said analysis of
samples taken from the northern town of Saraqeb and the Damascus suburb of
Jobar in April showed that munitions containing sarin had been deployed.
III.      
What is “Intervention” Under International Law
 To a layman, intervention
would be equated to Operation Desert Storm under general Arnold Schwarznopf in
1991 or the 2003 Operation Iraqi Freedom. The ICJ’s decision in Nicaragua v.
United States of America
shows that intervention could be direct and/or
indirect. Therein, the financing of rebels, aids given to insurgents, military
assistance, logistics and instructors. Just as in Nicaragua in 1984, United
States aided the Syrian Freedom Fighters, in recruiting, training, arming,
equipping, financing, supplying and otherwise encouraging, supporting, aiding,
and directing military and paramilitary
actions in and against Assad. Thus, the actual threatened direct full-scale
attack against Syria was actually not the initial intervention by the United
States.
IV.      
Right of Humanitarian Intervention
 Under contemporary rules of
international law, the three paradigmatic cases justifying humanitarian
intervention are genocide, slavery and widespread torture.  Thus, the
notion of jus cogens in international law encompasses the notion of
peremptory norms in international law.1 In this regard, a view has been formed
that certain overriding principles of international law exist which form “a
body of jus cogens.” These principles are those from which it is
accepted that no State may derogate by way of treaty. As a result they are
generally interpreted as restricting the freedom of States to contract while
‘voiding’ treaties whose object conflicts with norms which have been identified
as peremptory.
Assuming arguendo that the Assad
government used chemical weapons against its citizens, then the United States
and the allieds are justified in carrying out both direct and indirect attacks
against Assad’s regime. Before the customary international right of
humanitarian intervention can be exercised, there are “safeguard factors” to be
observed:
    • The
violation of humanitarian rights is severe
    • A large
number of people are involved
    • More than
one state is involved in the use of force
    • There is no
gain or material self-interest on the part of the intervening states
V.       
The United Nations Security Council
 The United Nations Security
Council (UNSC) is one of the six principal organs of the United Nations and is
charged with the maintenance of international peace and
security
. Its powers, outlined in the United Nations Charter,
include the establishment of peacekeeping
operations, the establishment of international sanctions,
and the authorization of military
action
. Its powers are exercised through United
Nations Security Council resolutions
.
 The only problem with the
UNSC is the veto right by the permanent members. Under Article 27
of the UN Charter, Security
Council decisions on all substantive matters require the affirmative votes of
nine members. A negative vote, or veto, also known as the rule of “great power
unanimity”, by a permanent member prevents adoption of a proposal, even if
it has received the required number of affirmative votes (9). Abstention is not
regarded as a veto despite the wording of the Charter. Since the Security
Council’s inception, China (ROC/PRC) has used its veto 6 times; France 18
times; Russia/USSR 123 times; the United Kingdom 32 times; and the United
States 89 times. The majority of Russian/Soviet vetoes were in the first ten
years of the Council’s existence. Since 1984, China and France have vetoed
three resolutions each; Russia/USSR four; the United Kingdom ten; and the
United States 43. During the Syrian crisis, Russia consistently showed that it
would not support armed attack against Syria.
VI.      
ICJ’s Advisory Opinions
 Advisory Opinions
were intended as a means by which UN agencies could seek the ICJ ‘s help in
deciding complex legal issues that might fall under their respective mandates.
Advisory Opinions were intended as a means by which UN agencies could seek the
ICJ ‘s help in deciding complex legal issues that might fall under their respective
mandates.
Based on the Syrian impasse, this
author’s view is that the only alternative is the use of the United Nations
General Assembly requesting the ICJ to issue an Advisory Opinion on the
legality and/or lawfulness of the United States and French-led intervention in
Syria. It has been argued that even though the Security Council is probably
seized of the Syrian matter, that doesn’t prevent the General Assembly from
asking the ICJ for an opinion on whether there is a general right to
humanitarian intervention, or whether member states can use force in the
absence of a Chapter VII Security Council Resolution.
 

Generally, the United
nations General Assembly requests an advisory opinion. On
receiving a request, the ICJ decides which States and organizations might
provide useful information and gives them an opportunity to present written or
oral statements. While, in principle, the ICJ’s advisory opinions are only
consultative in character, they are influential and widely respected. The legal
reasoning embodied in them reflects the ICJ ‘s authoritative views on important
issues of international law and, in arriving at them, the ICJ follows
essentially the same rules and procedures that govern its binding judgments
delivered in contentious cases submitted to it by sovereign states.
VII.    
Conclusion
 It is clear that
Assad regime will not hand over the chemical weapons in its possession. With
compelling evidence of violations of anti-genocide and anti-torture laws, the
United States and Syria submit the matter to the ICJ as to whether the current
levels of intervention should be elevated to “direct armed strike” by US armed
forces against the Syrian territory. The advantage is that an advisory opinion
will produce a reasoned judgment as to the current state of the laws towards
balancing demands of non-interference and prevention of humanitarian
violations. The United Nations Charter of 1945 certainly could not have
envisaged the capability of nuclear and chemical attacks of 2013.
Dr. Theophilus Olusegun
Obayemi, II is the author of Legal Standards Governing Pre-Emptive Strikes
and Forcible Measures of Anticipatory Self-Defense under the U.N. Charter and
General International Law
, 12 ANNUAL SURVEY OF INTERNATIONAL &
COMPARATIVE LAW, 19 (SPRING 2006)
419 SCAMS: HOW TO GET YOUR MONEY BACK

419 SCAMS: HOW TO GET YOUR MONEY BACK


Under Nigerian law, fraud is both
a crime and a tort. Facts of a transaction leading to economic loss can also
give rise to criminal prosecution by the law enforcement agencies for the
offence of fraud. Both the tortuous claim and the criminal prosecution can be
pursued against an individual simultaneously. The tort of fraud in Nigeria follows
the common law fashion and may be founded on three heads, namely, conflict
of interes
t,
Fraud and deceit, and unjust
enrichment.
The crime of fraud may take the following forms:
  1. Obtaining
    property (i.e. goods or credit) under false pretence prohibited and
    punishable by Sections 419 and 419A of the Criminal Code, Laws of the
    Federation of Nigeria 2004 (“CC 2004”) with three (3) years of
    imprisonment. Where the value of thing obtained by false pretence is
    higher than N1,000.00 (One Thousand Nairan), the offender will be liable
    to seven (7) years of imprisonment;
  2. Forgery
    prohibited and punishable under Section 467 of the CC with three (3) years
    of imprisonment. Please note that certain categories of forgery attract higher
    terms of imprisonment under the CC.
  3. Personation
    which is punishable under Section 484 of the CC with three (3) year term
    of imprisonment or fourteen (14) year term if the personation relates to a
    Will or administration of a deceased’s estate.
  4. Secrete
    commission by an agent, employee or government officials prohibited and
    punishable by Section 494 of the CC with two (2) years of imprisonment or
    N1,000.00 (One Thousand Naira) fine or both. This law also punishes any
    person who gives or agrees to give or offers a gift to an agent as a
    consideration to do or forebear to do an act as favour or disfavour in
    relation to the principal or employer’s business.
Under law, an
employee or agent is obliged to avoid or refrain from engaging in a transaction
that will put him in conflicting situation with the interest of his employer or
principal as the case may be. Secrete profit by an agent in the course of his
principal’s employment, whether in cash or kind, would lead to conflict of
interest unless same is fully disclosed to the principal. Where a case of
conflict of interest is proved, the employer or principal is entitled to
reliefs against the employee or agent accordingly. The available reliefs
against an agent who is found liable are; Rescission of the agreement; Action
for damages; Order to account;  Cost of
the suit.
Under Nigerian
law, the process of recovering any sum of money being defrauded in Nigeria is
to institute an action in tort against the individuals for breach of duty or
unjust enrichment. The
likelihood of recovering any sum of money alleged to have been defrauded in
Nigeria will depend on the plaintiff’s claims and the quality of evidence that
can be adduced in proof of the civil suit brought against the fraudulent individuals
for the recovery of the money.
The standard of proof is based on the
preponderance of evidence adduced. There are three law enforcement
agencies in Nigeria saddled with the responsibility of prosecuting fraud, they
are;
  • The
    Economic and Financial Crimes Commission (“EFCC”)
Head Office: No. 5, Fomella Street,
Off Adetokunbo Ademola Crescent, Wuse II, Abuja, Nigeria.
Lagos Office: No. 15A, Awolowo Road,
Ikoyi, Lagos, Nigeria.
Port Harcourt: No 6A Olufemi Street,
Old GRA, Port Harcourt, Rivers State, Nigeria.
E-mail: E-mail: info@efccnigeria.org.
  •  The
    Nigeria Police: Contact the Special Fraud Unit, Alagbon, Lagos, Nigeria or
    police station across the federation.
  •  The
    Independent Corrupt Practices (and Related Offences) Commission (“ICPC”): Contact
    Address is Plot 802 Constitution Avenue, Central District, PMB 535, Garki Abuja
    Nigeria.
    Email: info@icpc.gov.ng.

A formal complaint of the alleged fraudulent
malpractices may be made to the EFCC, the ICPC or the Police with all the
material facts and evidence that will assist the law enforcement agency in the
investigation, arrest, bail, seizure of property and prosecution or release of
an offender as the case may be. Complaint can be sent to the agency directly by
the complainant or through his lawyer.
It is important to mention that the decision to
arrest and prosecute, upon investigation of the suspects, is entirely at the
discretion of the law enforcement agency. The State controls the machinery for
the prosecution of any person alleged to have committed a crime and neither the
victim of a crime nor the lawyer can control the action or influence the authority’s
decision to prosecute an offender or not.

Kayode Omosehin Esq.
Associate, Ajumogobia & Okeke
Lagos, Nigeria
THE YOUNG LAWYER; FRUSTRATIONS OF PUPILAGE

THE YOUNG LAWYER; FRUSTRATIONS OF PUPILAGE

I’ve had it in mind to write an article that concerns my primary constituency as it were for quite some time now, however I’ve dilly-dallied about how appropriate some of my thoughts may sound “on this topic”, about what qualifies me to write this (considering this is my third year of legal practice), and most of all whether or not I’m absolutely certain about some of the opinions I intend to share here. The same things that seem to be my weakness are the exact reasons afterall why I should give this a shot, if not for more than the little joys criticisms afford. I am one of you, that’s all the qualification required of me to write this, the remaining I throw in the pocket of time, to prove if I am right or otherwise.

Law is a noble profession, it is a profession that sets you apart from the educated, the dignity, the prestige,
the knowledge, the fraternity, history, tradition, culture and a cumulative of minute practices that cannot be conjectured in words. It’s simply the lifestyle. This is what most of us signed into. The Crane, Pool & Smichdt type firm or the Harvey Spectar type transactions with a Mike Ross to compliment it.Unfortunately, what we were not told was that the real/actual world of practice isn’t as smooth as Hollywood or our lecturers from university would have us believe. I’ve interacted with loads of lawyers in my bracket and the patterns have become mostly predictable.

The average young lawyer is either complaining about his salary and how ridiculously small it is, or about how his boss is a screamer or how he just can’t wait to leave his current firm to one of those “BIG” firms and yes the crazy work hours and how he has to close from work when most people are already in bed to navigate his way home without a car. The I’ve had enough’s, I just can’t stick it anymore, I’m lighting out on my own or I’m done with litigation. Every young lawyer has been here.

We live in an age and time where everything is sacrificed on the altar of speed far more than quality, a generation that would rather have the Gold than observe the refining process that converts the raw metal to albeit the most coveted/priced material. The prevailing societal imbalances that paint the fast lane as the only way to success rather than the growth process.Law is not like most other profession’s, what we are called to do is to fix people, to handle human lives and by that I mean tending the psychological and emotional challenges of people.

The mistakes, the errors, the failures, the pressure from perfectionist bosses, the lessons learnt, the little victories, the pupilage and tutelage. The patterns observed from the various cases that you will come across while under pupillage, afterall, ‘EXPERIENCE’ is just being familiar with consistent sequences that can be observed in various patterns. The things you will not easy find as a young lawyer out there on your own, the cross ventilation of ideas and strategy with colleagues in the same office, these are the things that make the lawyers lawyer. Don’t get bothered when you see other people succeed because as long as you remain, hardworking, ready to learn, disciplined and loyal to your dreams, your success is guaranteed. Remember that the race is long, however in the end it’s only with yourself.

I’d paraphrase some excerpts of a discussion I was privileged to have with Mr. Alex Mouka, the current Chairman of the Lagos Branch of the NBA after an event at the Intercontinental Hotel, Victoria Island Lagos. He told me of two experiences that he had carried on with for so long. He said while he was on attachment, he was told by the Head of Chambers of the firm he was attached to that “if you are half good as a lawyer, you will make a living”. The other was what an older lawyer in the only firm in which he eventually worked told him, that “the life of a lawyer is like an arc, it starts slowly at point A and it rises gradually, peaks at some point and then gradually descends the other side of the arch due to age, and diminishing energy levels.

While I do not write this to denigrate the dexterity and courage of my learned friends who have taken the bold step to go it alone, some from day one, I only write his piece to encourage many others like me who have decided to go through the ‘pupilage’ phase. The focus is to build a formidable foundation, tested and sure. Remain resilient, remain teachable, remain confident, remain loyal and remove your focus from the money, think long term, the money will eventually come.

In conclusion, should it then be true that “if you are half good as a lawyer, you will make a living”, the question I have for you is, how good do you intend to be as a Lawyer? The choice is yours.

Temitope Atiba Esq.
@topeatiba

WHAT FREEDOM OF EXPRESSION MEANS TO ME

WHAT FREEDOM OF EXPRESSION MEANS TO ME

Every person shall be entitled to freedom of expression, including freedom to hold opinions – Section 39, 1999 constitution, Federal Republic of Nigeria. I will like to tell you what the term freedom of speech means to me but before i share with you my personal i deologies on the subject, allow me to give you a little bit of background. I am sure you must have heard of the term “freedom of speech” at one time or the other. Democracies have long grappled with the issue of the limits, if any, to place on the expression of ideas and beliefs. The dilemma dates back at least to ancient Greece, when the Athenians, who cherished individual freedom, nevertheless prosecuted Socrates for his teachings
, claiming that he had corrupted young people and insulted the gods.

The right to freedom of expression is recognized as a human right under Article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). Article 19 of the ICCPR states that “[e]veryone shall have the right to hold opinions without interference” and “everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice”. Freedom of speech is the political right to communicate one’s opinions and ideas using one’s body and property to anyone who is willing to receive them. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used. In practice, the right to freedom of speech is not absolute in any country and the right is commonly subject to limitations, as with libel, slander, obscenity, sedition (including, for example inciting ethnic hatred), copyright violation, revelation of information that is classified or otherwise. It’s due to a percieved breach of classified information that the likes of Edward Snowden and Julian Assange are on the run today, hunted through various cities of the world for their freedom of expression.

To novelist and screenwriter Ian McEwan: “Put in architectural terms, the triumphal arch of an open society has as its coping stone on free expression”. Internet activist Wael Ghonim, a leader in Eqypt’s revolution borrows a friend’s simple definition, “freedom of expression is the belief in the right of others to say things that you don’t want to hear”. Award-winning Turkish novelist Elif Shafak suggests that “freedom of expression is the one freedom that works like a powerful glue, holding together all other freedoms and rights”. Whatever your personal definition, the right to speak out, to access information and to uphold truth is one that we must continue to fight for whatever the challenges.

My first introduction to the concept of freedom of speech came when i was just a little boy while traveling with my father to visit my grandmother and relatives, i guess i was about 7yrs old, my Dad and i had only ourselves for company for the whole 3 hour drive from Lagos to Osun state, where Grandma lived and our home-town is situated. Suddenly, i felt the immense need to pee but here we were in the middle of nowhere and miles away from a toilet which i was used to. My very ovservant dad noticed my constant knee jerking for a few minutes before he asks me “what is wrong”?. Finally i reveal to him that i really need to use the toilet. Right before he pulls over to the side of the road so i could do my business, he looks me in the eye, calls my name and says ” you must always speak your mind when you want or need something and when you have an opinion no matter what it is, that’s your right”. That statement has stayed with me over the years and has played a major role in what “fredom of speech” has now come to mean to me.

Freedom of expression is not just my right to say whatever i may well please. It is my political right to speak against bad government policies and the irresponsibility of public officers, freedom of expression is my social right to speak against vices, freedom of expression is my moral right to champion the course of good and castigate evil. It is my human right to share my knowledge and ideas with everyone in other contribute to making society a better place. It is the right that allows me stand before you this moment and say my piece. It is the tool by which the great men and women who shared their ideas and opinions such as Martin Luther King, Abraham Lincoln, Fela Kuti, Obafemi Awolowo, Robert Einstein and Margaret Thatcher have shaped the history of the world. It is the compass that guides the millions of Nigerian youths who today are constantly calling for a systemic revolution in the corporate governance of Nigeria’s mineral and human capital wealth. It is our right to inquire from our public officers what they are doing or what they have done with our resources. Freedom of expression for me is the tool by which I am going to change my Country and then the world.

I do not however hold this right alone, so do you. Within you is the right to say “this writer is just talking bullocks” and discard this post as you will a piece of rubbish or to realise that as an humanbeing, your contributions to humanity must be positive and proactive. You must also raise your voice and share your ideas on how humanity can move forward and how our nation can excel. I look forward to hearing your voice and reading your thought provoking, earth changing and nation building ideas.

Adedunmade Onibokun Esq.
@adedunmade

NATIONAL HAJJ COMMISSION OF NIGERIA (NAHCON)

NATIONAL HAJJ COMMISSION OF NIGERIA (NAHCON)

NAHCON is an Act to repeal the Nigerian Pilgrims Commission Act Cap. 321, Laws of the Federation of Nigeria, 1990 and establish the National Hajj Commission of Nigeria to be charged with the responsibility of licensing, regulating, performing over-sight, and undertaking supervisory functions over agencies and other bodies; and for related matters. According to Section 2 of the Act, the Commission shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its name
.

With the high number of Nigerians who go for religious pilgrimages every-year, the government plays a very important role in performing oversight functions to cater for the safety and well – being of Nigerians while on the Hajj, NAHCON serves as the government agency in charge of the above stated functions. There also exists a sister act in the Nigerian Pilgrim Commission Act with provides for the establishment of the Nigerian Christian Pilgrim Commission, an agency formed for the oversight responsibility and supervisory functions of aiding Christian pilgrims who travel yearly for pilgrimage.

Available information suggests that the National Hajj Commission of Nigeria (NAHCON) would be airlifting 76,000 Nigerian pilgrims for the 2013 Hajj in 152 flights taking off from five different airports located in some cities across the country namely: Lagos, Katsina, Sokoto, Ilorin and Maiduguri. Although the commission’s chairman, Malam Mohammed Bello, has assured that all necessary steps have been taken to ensure a hitch-free Hajj this year.

The functions of NAHCON include-
(a) license, regulate, supervise and perform oversight functions over organisations,
associations (corporate or non-corporate) or similar bodies engaged in – organising and coordinating the movement of persons from Nigeria to
Saudi Arabia to perform the Hajj or Umra; and providing accommodation, transportation and other services related tothe performance of the Hajj and Umra to pilgrims in Saudi Arabia;
(b) liaise and co-ordinate with the appropriate government authorities or organs of
the Federal Republic of Nigeria and the Kingdom of Saudi Arabia on the rules
and regulations governing entry into and staying in Saudi Arabia for the pur-
poses of Hajj and Umra including all appropriate immigration, passport and
related consular services;
(c) co-ordinate the provision of health, financial, security, customs, immigration
and related services to persons proceeding to, or returning from, Saudi Arabia
to perform the Hajj or Umra;
(d) ensure the establishment and management of pilgrims camps and related facilities,
equipment and such other necessary materials;
(e) establish and maintain an adequate information system and libraries of books
and other relevant publications as well as cinematograph and other facilities
for use by persons interested in or desirous of undertaking a pilgrimage, so
however that the library shall be opened to the public upon and subject to any
conditions the Commission may deem fit;
(f) establish and maintain a biometric data bank of all Nigerian intending pilgrims
for the Hajj and Umra;

(g) conduct educative and enlightenment campaigns on Hajj and Umra, in all the
States of the Federation, and the Federal Capital Territory;
(h) appoint such number of medical practitioners and medical staff as it deems fit;
(i) issue guidelines and rules that will ensure that States Pilgrims Welfare Agencies provide
appropriate welfare services and guides for pilgrims;
(j) do such other things as are conducive or incidental to the discharge of the
foregoing functions, provided that this subsection shall not be interpreted to be
conferring any additional functions on the Commission; and
(k) regulate and control in and/or outside Nigeria all matters concerning the welfare
of Nigerian pilgrims and to formulate policies in connection therewith.
The Commission is also empowered to establish such number of departments not exceeding five for the day to day running and execution of the policies of the Commission in general
and, in particular, take charge of the following Departments-
(a) Policy, Personnel Management and Finance;
(b) Operations, Inspectorate, and Licensing of Pilgrim Agencies; and
(c) Planning, Research, Statistics, and Information including publicity, and library services and each department mentioned above shall be headed by a full-time member of the Commission.

The commission is funded through –
(a) all such sums as may be charged by the Commission as fees, commissions or
dues for its services;
(b all revenue accruing to or vested in the Commission by way of grants-in-aid or
otherwise howsoever;
(c) any other money saved by the Commission; provided that, the Commission
shall not appropriate any monies belonging to the Hajj Saving Scheme, or borrowed pursuant to the provisions of this Act or any other enactment; and
(d) bequests, gifts and donations.

Adedunmade Onibokun
@adedunmade

NIGERIA CHRISTIAN PILGRIM COMMISSION ACT

NIGERIA CHRISTIAN PILGRIM COMMISSION ACT

The NIGERIA CHRISTIAN PILGRIM COMMISSION ACT commenced on the 28th of May, 2007. It is an Act to re-organise the role of the Federal Government in the co-ordination of Christian pilgrim matters, the consequential repeal of the Nigerian Pilgrims Act, 1989 and to establish a National Pilgrim Commission that will license, regulate,perform oversight and supervisory functions over other bodies and agencies and for related matters. Enacted by the National Assembly of the Federal Republic of Nigeria, it has a sister act in the NATIONAL HAJJ COMMISSION OF NIGERIA (NAHCON)
. It should be noted that subject to section 6 of the Interpretation Act, the Nigerian Pilgrims Commission Act is repealed and the assets and liabilities of the Commission established by the said Act are hereby transferred to the Commission established by this Act.

According to the Act in Section 1, There is established a body to be known as “the Nigeria Christian Pilgrim Commission” which shall be a body corporate with perpetual succession and a common seal. The Commission may also sue and be sued in its corporate name, hold, acquire and dispose of any property, movable or immovable as provided for in Section 2. With regard to the compositon of the Commission, it shall consist of – a Chairman; a Secretary to the Commission; a representative, from each of the following Federal Ministries and bodies (as an ex officio member}-Aviation; Central Bank of Nigeria; Foreign Affairs; Health; Internal Affairs; and Christian Association of Nigeria (CAN).The Chairman and members of the Commission shall be paid such remuneration and allowances as the Revenue Mobilisation, Allocation and Fiscal Commission may from time to time determine.

The functions of the Commission shall include-
(a) licence, regulate, supervise and perform oversight functions over organisations, associations (corporate or non-corporate) or similar bodies engaged in-
(i) organising and co-ordinating the movement of persons from Nigeria to Jerusalem and other Holy Sites;
(ii) the provision of accommodation, transportation and other services related to pilgrimage in Israel; and other Holy Sites;

(b) liaise and co-ordinate with the appropriate Government authorities or organs of the Federal Republic of Nigeria and Israel on the rules and regulations governing entry into and staying in Israel for the purposes of pilgrimage including all appropriate immigration, passport and related consular services;

(c) co-ordinate the provision of health, financial, security, customs, immigration and related services to persons proceeding to, or returning from, Israel, after pilgrimage;

(d) ensure the establishment and management of pilgrims camps and related facilities,equipments and such other necessary materials;

(e) establish or set up and maintain libraries of books and other relevant publications as well as cinematograph and other facilities of use to persons interested in or desirous of undertaking a pilgrimage, so however that the library shall open to the public upon and subject to any condition as to the use which the Commission may think fit to impose

(f) conduct campaigns on pilgrims, educative as well as religious, in all States of the Federation, and the Federal Capital Territory;

(g) appoint such number of medical practitioners and medical staff as it thinks fit;

(h) issue guidelines and rules that will ensure that the States Pilgrims Welfare Agencies provide appropriate welfare services and guides for pilgrims; and

(i) do such other things that are conducive or incidental to the discharge of the foregoing functions, provided that this subsection shall not be interpreted to be conferring any additional functions on the Commission.

Also the funds of the Commission shall consist of-
(a) all such sums as may be charged by the Commission as fees, commission or dues for its services;
(b) all revenue accruing to or vested in the Commission by way of grants-in-aid or otherwise howsoever;
(c) any other moneys saved by the Commission such as proceeds from the operation of the Pilgrim Savings Scheme or borrowed pursuant to the provisions of this Act or any other enactment; and bequests, gifts and donations.

In respect of the revenue of each financial year, the Commission shall, except in the case of the first pilgrimage after commencement of this Act, prepare and submit to the President not later than three months before every pilgrimage an estimate of its expenditure and income during the next succeeding financial year; provided that the Commission shall submit an advance estimate whenever it is requested to do so by the President.Subject to the prescribed rules, the Commission shall keep proper account and records in relation to its fund in accordance with the Public Accounts Rules and Guidelines issued by the Accountant-General of the Federation.

The Commission shall cause its accounts to be audited not later than six months after the end of each financial year to which the accounts relate and the auditors shall be appointed from a list of Auditors approved by the Auditor-General of the Federation. The Commission shall open and operate bank accounts, and may take advances, borrow money or undertake financial transaction in accordance with extant financial regulation. The Commission may regulate/supervise the establishment of Pilgrim Savings Scheme by those who want to adopt the approach, and the Commission may set up a Board of Trustees, for the savings schemes, comprising of persons of high integrity who are not members of the Commission. It shall be the duty of the Commission to determine the remuneration and allowances of employees in consultation with the National Income, Salaries and Wages Commission.

Adedunmade Onibokun Esq.
@adedunmade

NIGERIAN INDIAN HEMP ACT

NIGERIAN INDIAN HEMP ACT

An Act to make the planting, cultivation, importation, etc. of Indian hemp an offence and to make provisions for other related matters. [1966 No. 19. 1984 No. 27.]

The use of hard drugs in Nigeria is prohibited by law. News reports are filled with various suspects who are paraded by the police for being in possession of these criminal drugs. A common drug reportedly used in Nigeria is what is widely known as marijuana. Many Nigerians know the drug is prohibited but most do not know that there actually exist a legislation that prohibits its use in Nigeria. This article gives an introduction to the Nigerian Indian Hemp Act.

By virtue of the act , “Indian hemp” means-
(a) any plant or part of a plant of the genus cannabis; or
(b) the separated resin, whether crude or purified, obtained from any plant of the
genus cannabis; or
(c) any preparation containing any such resin,
by whatever name that plant, part, resin or preparation may be calIed.

The law provides that any person who knowingly plants or cultivates any plant of the genus cannabis shall be guilty of an offence and liable on conviction to be sentenced either to death or to imprisonment for a term of not less than twenty-one years and anyone found guilty of the unlawful importation or sale of Indian hemp shall be liable on conviction to be sentenced to imprisonment for a term of not less than twenty-one years. It should be noted that anyone who imports or sells marijuana for medical reasons is however exempted from this law. Similarly, anyone found guilty of the exportation of Indian hemp shall be guilty of an offence, and liable on conviction to imprisonment for a term of not less than twenty-one years.
Indian Hemp smokers are however not exempted from the law as any person who-
(a) smokes any Indian hemp; or
(b) knowingly has any Indian hemp in his possession,
shall be guilty of an offence and liable on conviction to imprisonment for a term of not
less than four years without the option of a fine, if however, such person is not more than seventeen years of age, he shall, in addition to twenty-one strokes of the cane, be sentenced to two years in a borstal or such similar institution or to a fine of N200.

Also, any person who, knowingly has in his possession, any pipe or other utensil for use in connection with the smoking of Indian hemp shall be guilty of an offence and liable on conviction to imprisonment for a term of not less than five years. Owners of premises who also permits his property to be used for the smoking, sale or preparation of Indian Hemp shall be guilty of an offence and liable on conviction to imprisonment for a term of not less than ten years without the option of a fine and anyone who assists in the commission of the offence shall be guilty of an offence and liable on conviction to imprisonment for a term of not less than ten years, without the option of a fine.
Where any person is convicted of any offence under this Act, all articles (including
any vehicle or vessel) used by him in connection with the offence shall be forfeited; and where any such forfeited article is a pipe or other utensil for use in connection with the smoking of Indian hemp, the court may order it to be destroyed.

The law was signed into law on 31st March, 1966 and since that time there has been numerous changes in the global view of Indian hemp, for instance many countries have decriminalized the possession of small quantities of cannabis, particularly in North America, South America, and Europe. In the United Sates, it is illegal on the Federal level but many states have declared it to be legal on the state level, including using it for medicinal purposes. Whether Nigeria should decriminalize the use of Indian Hemp or legalise its sale is still an issue for future debates.

Adedunmade Onibokun Esq.
Adedunmade