IMPLICATIONS OF UKRAINE’S MEMBERSHIP OF THE EUROPEAN UNION

IMPLICATIONS OF UKRAINE’S MEMBERSHIP OF THE EUROPEAN UNION

Dr. Olumide K.
Obayemi*
I.          Introduction
The
Eastern Partnership signifies the western industrialized Europe’s use of
economic empowerment as a tool to infiltrate the splinter ex-communist states
of the east. Presently, the European Union (“EU”) is targeting Ukraine,
Moldova, Armenia, and Georgia.
 Sandwiched between Poland and Russia, Ukraine
is the second largest member of the old Union of soviet Socialist Republic

(“USSR”).
With the collapse of the old USSR, Ukraine has been pulled –ideologically both
ways –, i.e., towards the capitalist west and the highly conservative Russia.
On
November 21st, 2013, Victor Yanukovich, the present Ukrainian
president suspended Ukraine’s assent to the European Union (“EU”) Agreement.
This
thesis identifies the three (3) major factors that will determine whether or
not Ukraine would join the EU: (a) Ukraine’s readiness to adopt democratic
measures within its political process; (b) Ukraine’s readiness to adopt much
more competitive economic and political policies (“Rule of Law”); and (c) Ukraine’s
adoption of an open market/economy.
II.        The Dilemma.
The
soft competition between the richest western nation—Germany and Russia should
not be underrated. With the image of the big brother—Russia, looming larger than
before, there is a very steep uphill task before Kiev-based government and the
EU, as well
If
EU relaxes its rules and admits Ukraine, EU will be legitimizing half-hearted
reforms by an authoritarian government—which is both unpopular and uncooperative
at home. An antithesis of the principles that the EU stands for.
No
doubt, the full admission of the present-day Ukraine may infuriate an upheaval that
may arise from selective rules of admission and the selective application of
the Free Trade Rules
Yet,
on the other hand, a non-admission of Ukraine, will definitely rob the Western
Europe of its leverage to influence Ukraine into making more reforms and may
allow Russia to take over.
III.       Admission into the EU
On
October 21, 2013, in Luxembourg, at the meeting of the EU Foreign Ministers, it
was clear that the EU was placed in the middle of the devil of the Devil and
Deep Blue Sea concerning Ukraine. One option was to relax the rules governing
admission into the EU. Strict adherence for democratic principles, rule of law
and open market would freeze out Ukraine. On the other hand, Russia with nits
Eurasian Customs Union was waiting with open hands. To deny Ukraine admission
outright would reduce the impetus for reforms that had already began and also drive
Ukraine into further authoritarianism and overt dependence on Russia.
Below
are the issues for consideration
a.         Requirement for Democratic measures
Prior
to recent ascendance of Yanukovich, Ukraine’s former prime minister was Yulia
Tymoshenko. In 2004, the Orange revolution forced Yanukovich out of office and
enthroned Tymoshenko. Curiously, in 2010, Yanukovich was re-elected and soon
after, Tymoshenko was jailed for abuse of power and for negotiating natural gas
with Russia while in power.
Tymoshenko
remained jailed despite plea for pardon and for temporary release under
supervision for medical treatment in Germany. Cases against Tymoshenko are
frozen. She is also barred from participating in electoral process towards the
2015 elections.
Nevertheless,
towards being accepted by the west, Yanukovich has released some high profile
political detainees who were being punished via selective justice. In addition,
travel bans have been lifted against these detainees and opponents as well.
These
minute improvements n the social justice system are what the EU wants to be
developed upon rather than stultified by Ukraine’s leaning towards Russia
If
Ukraine can sustain its electoral reforms and conducts a free and fair election
in 2015, even if Yanukovich loses out of office, its admission into the EU
would be smooth
b.         Rule of Law
Earlier
on, in December 2012, the EU had accepted Ukraine conditionally upon making
necessary reforms in three (3) areas (a) Justice; (b) the electoral system; and
(c) institution reform—i.e., a demand that Ukraine separate politics, business
and organized crime from each other.
In
the western parlance, the Rule of Law entails the equality of all persons
before the law and processes. In Ukraine, demand is being made towards that the
tax service, the interior ministry and the prosecutor’s office be sanitized. Both
the criminal code and the criminal procedure rules should be reformed. The appointment
and ratification of officials into government positions must be democratized.
The
trial and prosecution of citizens and opponents must be transparent. Justice must
not only be done but must be seen to be done.
c.         Open Market.
Capitalism
is bases on laissez faire –open market, competition and lack of monopoly
and/or manipulation.
Ukraine
must sign the Deep and Comprehensive Free Trade Agreement that will create a
Free Trade Area. Ukraine must curb abuses of predatory and deprofessionalized
state that discourages entrepreneurship which in turn turns away commercially oriented
citizens.
IV.       Tempting Eurasian Customs Union
Sensing
the lure of the western world towards Ukraine, Vladimir Putin and Kremlin have
coerced Armenia to jettison the EU. Putin’s Eurasian Union is a neutralizing
factor against the EU. Formed as political bloc, the Eurasian Union aims to
provide an umbrella force for all former USSR splinter states, without
requiring major economic or political reforms as the EU does.
In
contrast to EU’s demand that Ukraine lower its tariffs, Putin’s Eurasian Union
has countered with protective measures which may include subtle economic and
political coercive measures. For instance, against Armenia, Russia threatened
to withdraw security guarantees, and, against Moldova, Russia increased the
cost of energy supply and blocked the workers influx into Russia.
V.        Conclusion
With
its attenuated political position at home, with opponents gaining grounds
against Yanukovich and with Russia breathing trade blockages and/or sanctions
against Ukraine, Ukraine would probably maintain a middle ground by refusing to
bow either to the west or east.
Yet,
the EU is more determined to get Ukraine to institute free trade and political
reforms. We must heed German Chancellor Angela Merkel:
Eastern European
countries must decide themselves on their future direction…Third parties cannot
have the right to veto.
The EU must
counter Russian pressure on Eastern Europe, be it in the form of additional
sales opportunities for products from our partner countries, which for instance
may not be exported to Russia, or in the form of assistance to diversify their
energy supply.
Perhaps
the time has come for the EU to be as proactive as it was during the 2004
orange revolution by engaging the Ukranian government and the opposition in
dialogues towards resolving the impasse.
The
EU must also provide political, financial, and institutional support as it had
given to new democracies in the past—e.g., the Marshall Plan.
The
EU must mobilize, directly and indirectly—through the IMF, the resources for
Ukraine to weather the imminent financial collapse.
Further,
the EU must shield Ukraine from likely Russian retaliation, coming through
economic sanctions, trade blockages and political intervention.
Dr. Olumide K.
Obayemi is of the Bars of the State of California and Nigeria.
PLEA OF INSANITY BY CORPORATIONS TO CHARGES OF TAX EVASION

PLEA OF INSANITY BY CORPORATIONS TO CHARGES OF TAX EVASION



PLEA OF INSANITY BY CORPORATIONS TO CHARGES OF TAX EVASION: A REJOINDER TO PROFESSOR TAOFEEQ ABDULRAZAQ

Dr. Olumide K. Obayemi, LL.M. in Taxation Law*

I.          Introduction

No doubt, Professor Taofeeq Abdulrazaq is an authority on Nigerian
Taxation Law. He ranks along with Leye Adebiyi, Professor Oluwole
Akanle, Afolabi Elebiju, Wole Obayomi, Taiwo Oyedele and others.But, we respectfully disagree with Professor Taofeeq Abdulrazaq’s
novel attempt to extend the defense of insanity to corporations.
Insanity, like Driving under the Influence of Alcohol and Alibi—legal
terms that specifically apply to human beings and/or natural persons
can not be asserted by an artificial person. A corporation can not get drunk with alcohol, and, similarly, a corporation cannot assert the defense of alibi. We see no factual
and/or legal basis to avance a novel argument that a corporation can be
legally insane. The common law rules laid down in the 2 cases of MacNaghten (British) and Durham (American) do not extend to corporations.

II.        Tax Fraud: Distinguishing Between “Tax Evasion” and “Tax Avoidance”

Tax Fraud is the general term used to cover all sorts of tax
shenanigans by tax practitioners and taxpayers alike. While undefined in
most Tax Codes, tax fraud generally refers to a willful attempt to
reduce or to eliminate tax liability by paying less tax than that which
is known to be due. The controlling term is “willful.”

Subjective intention to circumvent the tax laws is required for a conviction. Yet, we must note that “Tax Avoidance” differs from “Tax Evasion. Tax Avoidance is an attempt to diminish taxation in a manner which the taxpayer/tax practitioner believes to be legal Tax Evasion occurs where the taxpayer/tax practitioner attempts to do
evade payment of tax in a manner which he knows to be illegal.

Therefore, tax evasion charges always require proof of an intentional (willful/subjective
intention) factual misrepresentation, while a tax avoidance
characterization merely denotes an attempt to construe the facts so as
to minimize tax liability. We must note that this distinction between avoidance and tax evasion
is critical because different consequences attach to each, respectively. Therefore, to tax practitioners, an honest but unsuccessful evasion
scheme will subject the taxpayer to various civil fraud and criminal
evasion penalties.

III.       Insanity Defense By Corporations

Coming back to the thesis of this paper, the question is: To what extent can corporations claim the defense of insanity against charges of tax evasion in Nigeria? We answer in the negative: The novel attempt to extend the defense of insanity to corporations is untenable in fact nor in law.This issue was examined by foremost Nigerian taxation scholar,
Professor Taofeeq Abdulrazaq, in his presentation “Tax Evasion,
Divination and Corporate Insanity” at the 50th Birthday Lecture in honor
of the President of West African Union of Tax Institutes (WAUTI),
Prince Razak Quadri in Lagos, held in October 4, 2011. According to
Abdulrazaq:

“Tax evasion is a crime that can be committed by individuals and
companies. As a crime, insanity is available as a legitimate defense
open to individual persons and companies accused of tax evasion and
companies can and do suffer from insanity.  Using the process of
divination, corporate insanity like any other ailment can be predictably
diagnosed.”

This is practically impossible. A natural person’s acts may be
observed by those close to him/her, just as a person’s competence in the
making of a will may be decided by witnesses to the execution of a
will. For corporations, accountants, auditors and solicitors may continue
to churn out necessary complying documents, it may take years for the
unhealthy situation within the corporate structure to be discovered.

Second, while insanity symptoms in natural persons may be diagnosed
and treated, for corporations, by the rot is discovered, it is always
too late. The cases of American Enron and Nigerian collapsed/failed banks are still fresh in our minds. On these empirical factual bases, Abdulrazaq’s novel attempt to
extend the defense of insanity to corporations is fatally flawed.

IV.       Psychoanalysis of Corporate Insanity.

Novel as it may be that a corporation can be diagnosed of insanity,
treated, and surgically operated on to cure it of insanity, Abdulrazaq
further pontificated that, as a tax practitioner, he had, in the past,
assumed the roles of a “tax psychoanalyst” in handling “corporate
insanity, and using a tripod, Abdulrazaq maintained that insanity is a
defense for both individuals and corporations faced with tax evasion
charges.

Abdulrazaq then cited Lord Denning, MR thus: “…Directors and
managers represent the directing mind and will of the company and
control what it does.  The state of mind of these managers is the state
of mind of the company and is treated by the law as such
”. Therefore, Abdulrazaq submitted:

“Clearly then some officials of the company are identified with
the company y or are the company and not merely agents of it.  It is
regarded sometimes difficult to decide which official can be so regarded
but once the facts are ascertained, it is a question of law whether an
official can be regarded as the company or merely as its servant or
agent,

a.         Large Than Life Image Affliction of the Corporation and the Directors

Continuing with his “Psychoanalysis of Corporate Insanity” Abdulrazaq stated that corporate insanity manifests where a large than life image is
painted of some people in an organisation such that any affliction
affecting such persons affects the organisation indirectly.

Stated otherwise, a company that has only Nigerian-trained scientists
and with an income of $100,000 may publish Prospectuses stating that it
has Harvard-trained nuclear scientists coupled with an income of
$2billion.  To Abdulrazaq, this large than life imagesyndrome is an evidence of insanity and such may be a defense in a court of law.

b.         Corporate Alter Egos

Further, Abdulrazaq also argued that insanity could also manifest in
the presence of alter egos in an organisation and where superior orders
emanate from persons like centres of consciousness in an organisation
such that whatever afflicts the superior officers, including insanity,
affects the organisation as well, he added. This is easily
understandable, for instance, where the founde of a company res to
resign and shows signs of senility.

Based on the above, since insanity negates means rea—guilty intent, then
it would be difficult to obtain convictions under present Nigerian tax
laws which did not define tax evasion outside of “intent” Thus, from the
prescribed penalties in various statutes, it could be deduced that tax
evasion could only mean “failure to make returns for income tax or
capital gains tax, failure to make returns for corporation tax and
incorrect returns or accounts”. Such acts, to Abdulrazaq, to underlie a
conviction must be fraught with “fraud, willful default or neglect and
knowingly” for them to constitute an offence under tax evasion.

V.        The Defense of Insanity in the United States: The Requirement for Collateral Relationship

Tax practice and tax litigation is centered around two (2) issues:
(a) Determining the Realization of Income and/or (b) the Deductibility
of Losses or Expenditures. Stated otherwise, has the corporation realized an income that is not disclosed, or, has the corporation deducted a loss or expenditure that is not allowed by the law.

Upon ascertaining either of the above issues, legal issues of
knowledge, intent, insanity or incompetence of the taxpayer must be
ordinarily be collateral to the question presented in each case:

“Save in those instances where the statute itself turns on intent,
a matter so real as taxation must depend on objective realities, not on
the varying subjective beliefs of individual taxpayers.

Lynch v. Commissioner, 273 F.2d 867, 872 (2d Cir. 1959).

Generally, in tax litigation, where the determination of fraud is at
issue, the burden of proof with respect to fraud is placed upon the
government by statute and by the rules of practice before the Tax Court.

(a).       Standard of Proof

In the United States, the standard of proof required of the
government is that the taxpayer’s fraud must be proven to the
satisfaction of the court by “clear and convincing evidence.” In case law, this burden can not be lightly regarded.

Further, there is an essential element at the very heart of the fraud issue, namely, “the intent to defraud the Government by calculated tax evasion.”

The element of fraud entails the actual “intent to evade,”—the same willful intent that then brings up the plea of insanity or incompetency by the taxpayer.

(b).      The British MacNaghten Case: Mental Defect and Mental
Disease Leading to the Inability to Understand the Nature and the
Quality of the Act Being Committed.

R. vs Macnaghten, 10 Clark & Fin. 200, 8 Eng.
Rep. 718 (H.L. 1843) involved a murder case. There, the English House of
Lords held that even though everyone is considered to be sane and
responsible for his acts, a successful defense of insanity could clearly
prove that, at the time of the commission of the act, the defendant was
laboring under such a defect of reason, due to a mental disease, that
he did not know the nature and the quality of the act he was committing.

The House of Lords further went on to hold that even if a defendant
was aware of the nature of his act, he may not have known that the act
was wrong.

However, if the defendant was aware that the act was one which he
should not have committed, and if the act was simultaneously contrary to
established law, he was then subject to punishment.

Concluding, the House of Lords held that the question of whether the
defendant’s reason was sufficient to enable him to know that the act was
wrong was for the jury’s determination based upon explanations and
observations.

It remains a matter of conjecture and speculation as to how the jury
can observe the actions of an artificial person as a corporation.

(c).       The American Durham Rule and Its Progenitors: the
Overwhelming of a Defendant’s Reasoning—Unlawful Act that is the Product
of Mental Disease or Defect.

The early 1900’s and the end of the Second World War witnessed a
great influx of European Psychoanalysts and Social Scientists, such as
Sigmund Freud, Albert Einstein, etc, into the United States. Thus, the
MacNaghten rule was modified in Durham v. United States,
214 F.2d 62 (D.C. Cir. 1954), where Hon. Judge Bazelon’s instructive and
erudite opinion replaced and supplemented the right-wrong criteria with
the irresistible impulse standard. The Court recognized that reason is
only one element of man’s integrated personality and that it is not the sole determinant of his conduct

A successful plea of insanity must show an urge to act which is
overwhelming, so overriding over the defendant’s reason and judgment
that he could no longer choose between right and wrong. A defendant
acting under irresistible impulse was still required to remain capable
of distinguishing right from wrong. Thus, an accused is not criminally
responsible if his unlawful act is the “product of mental disease or
defect.

The Durham test was later expanded in McDonald v. United States,
312 F.2d 847 (D.C. Cir. 1962), where the court held that, in a trial
involving the plea of insanity, the jury must be instructed that a
mental disease or defect includes any abnormal condition of the mind
which substantially affects mental or emotional processes and which
substantially impairs behavioral controls.

Further, the jury was required to evaluate all expert and lay testimony in arriving at its decision.

Finally, the McDonald court excluded the possibility that specific disease might constitute insanity per se.

(d).      A Corporation Can Not Be Held Liable for Offenses That Can Only Be Committed by a Natural Person

Even at common law, it is trite law that a company is a separate
legal person subject to criminal law and is capable of committing an
offence except for offences that require a natural person such as
bigamy, sexual offences and perjury.  Lennard’s Carrying Co Ltd v. Asiatic Petroleum Co [1915 AC] 713

Clearly, as stated herein, since bigamy, sexual offences and perjury
are not crimes that can be committed by a corporation, it follows that
insanity, mental disease, mental defect, irresistible impulse and
abnormal condition of the mind can not afflict an artificial person as a
corporation.

VI.       Conclusion

Insanity is innately an affliction that affects a natural person—it
is inconceivable that a corporation can successfully claim insanity as a
defense.

Cases that might evince complete domination by a controlling
shareholder/director such as to render the corporation a mere tool or
shell in the hands of the shareholder/director will entail piercing the
veil of the corporation and for holding the dominating
shareholder/director personally liable. Such can never avail the
corporation itself an insanity defense.

* Dr. Olumide K. Obayemi, LL.M. in Taxation Law is admitted to practice before the United States Tax Court in Washington, DC

ELECTRIC POWER SECTOR REFORM ACT: CROSS SUBSIDY REGIME AND THE BURDEN OF IMPLEMENTATION

ELECTRIC POWER SECTOR REFORM ACT: CROSS SUBSIDY REGIME AND THE BURDEN OF IMPLEMENTATION


The Interpretation section of the Electric
Power Sector Reform Act 2004 (the Act) in Section 100 subsection 1 defines
cross subsidy as the subsidization of one class or group of consumers by
another class or group of consumers, and the Commission means the Nigerian

Electricity Regulatory Commission (NERC). Section 83(1) of the Act requires NERC
to set up and administer the Power Consumer Assistance Fund (the Fund) to be
used for the purposes specified in Section 83 (4) of the Act. Section 83(4) of
the Act provides that the Fund shall be used to subsidize underprivileged power
consumer as specified by the Minister.

NERC, under
Section 83(2) of the Act shall keep and manage the money and assets of the Fund
and shall handle the procedures for disbursement from the Fund while Section 83(3)
of the Act provides that the Fund shall consist of the following capital and
assets:
a.     
The contributions delivered under Section 85 of the Act; and
b.     
Any subsidies received from the Federal Government of
Nigeria as appropriated by the National Assembly.
 Section 85(1) of the Act requires all
consumers and eligible customers liable to make contributions under Section 89(1)
of the Act to make contributions to the Fund at the rates and for the duration
specified by NERC, and by Section 89(1) of the Act the consumers required to
make contributions are the eligible customers, and licensees as may be
determined by
NERC.
Section 100(1) of the Act defines
eligible customers as a customer that is eligible pursuant to a directive
(s) of the Minister under
Section 27 of the Act to purchase power from a licensee other than a
distribution licensee – The Minister of Power (the Minister) under Section 27
of the Act may issue directives to NERC specifying the class
or classes of end-user customer that
from time to time constitute eligible customers. And a customer is defined in
Section 100(1) of the Act as any end-user of electricity who is a customer of a
distribution licensee that is not an eligible customer.
NERC are
the regulators of electricity tariff, Section 76(1) of the Act makes activities
such as generation and trading, transmission distribution and system operation
in respect of which license are required pursuant to the Act subject to tariff
regulation – Section 62(2) of the Act allows a person to construct, own or
operate an undertaking for generating 1 megawatt in aggregate in a site or an
undertaking for distribution of electricity with a capacity not exceeding 100
megawatt in aggregate at a site, or such other capacity as NERC may determine
from time to time, without a license.
Section
76(2) of the Act provides that prices for the activities referred to in Section
76 (1) of the Act shall be regulated according to one or more methodologies
adopted by the commission for regulating electricity prices and such tariffs
methodologies shall include avoiding undue discrimination between consumers and
consumers categories, and to phase out or substantially reduce cross subsidies,
therefore, it appears that the provisions of Section 76(2) of the Act on
phasing out of cross subsidy makes the continued operation of the Fund during
the life of the Act doubtful.
Section 76
(5) of the Act apparently excludes questions of fundamental rights against discrimination
that may arise under Section 76 (2) above by allowing NERC in establishing
methodologies to differentiate among consumers on the basis of differences in
total consumption, time periods on which electricity is consumed, load factors,
location within the country and other such criteria as may affect cost of
providing a service, and may allow a lifeline tariff for such consumers. Lifeline
tariff is defined in Section 100(1) of the Act as a tariff set by NERC with
prices that incorporate cross subsidies under Section 76 (5).
NERC under
Section 84 of the Act is to set rates of contribution to be sent by designated
customers to the Fund and the subsidies to be disbursed from the Fund in
accordance with policy directives issued by the Minister taking into
consideration the impact of such rates on eligible customers and consumers who
have to assume the burden of such contributions. Further, Section 85(2) of the
Act requires eligible customers to pay their contributions directly to NERC while
consumers pay to their distribution licensee who shall remit the contributions
to NERC pursuant to a Regulation to be established.
The Act, in
Section 87 provides punitive measures for defaults in payment of contributions
within the prescribed time period up to three times the amount owed.
Also, the
Rural Electrification Fund (REF) to be set up pursuant to Section 88(11) of the
Act by the Rural Electrification Agency (the Agency). Section 88 (1) of the Act
establishes the Agency and Section 88(13) of the Act provides that the purposes
of REF shall be to promote, support and promote rural electrification
programmes through public  and private
sector participation in other to achieve equitable regional access to
electricity, maximize the economic, social and environmental benefits of rural
electrification subsidies, and to stimulate approaches to rural electrification
provided that no part of the Fund shall be used as subsidies for consumption.
REF
by Section 88
(12) of the Act shall consist of capital and assets from any assets
appropriated pursuant to Section 53 of the Act, fines obtained by NERC,
donations, gifts or loans made by International Agencies, State or Federal Governments
or other entities, contributions made pursuant to Section 90 of the Act,
interest or other benefits accrued to the Agency, monies appropriated by the
National Assembly and such percentage of the annual turnover of the licensee as
may be determined by NERC.
Sections 90
and 89 (1) of the Act
require eligible customers, and consumers liable to contribute to
the Fund
to
contribute to
REF
subject to the rate to be set by NERC applying the same methodologies required
under the Fund, and Section 53 of the Act requires
NERC subject to the approval of
National Assembly to pay any surplus of the annual budget requirements of NERC
into the REF.
                                                                                                              
Therefore, REF is to drive rural electrification infrastructure and
will provide subsidies for infrastructural developments only as opposed to
subsidized consumption under the Fund.
If the provisions
on cross subsidies under the Act are implemented it will drive home
Government’s effort to completely unbundle the power sector and a cushion
against any hardship that the present multi-year tariff order of
NERC may have on the citizens
living in the extreme poverty zones, and on the manufacturing and production
sector of the economy.
Osita F. Enwe
Legal Practitioner at Elisio Law Office   
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