Bail Conditions for Nnamdi Kanu- Just or Unfair? | Gbenga  Odugbemi

Bail Conditions for Nnamdi Kanu- Just or Unfair? | Gbenga Odugbemi

There has been dense discussions on the trial and especially, the bail conditions of the leader of the Indigenous People of Biafra – Nnamdi Kanu – recently at the Federal High Court sitting in Abuja. It’s quite unruly for lawyers or specialists in law, especially specialists in criminal law to conclude that the Federal High Court’s ruling and bail conditions are too severe. At most, the bail conditions is a confluence of acceptable conditions and some which are unacceptable – because they touch on constitutional provisions in Chapter 4 of the Nigerian Constitution. 

The bail conditions as deductible from the court’s ruling are that: 
1. Mr. Kanu must not hold rallies.
2. He must not grant interviews.
3. He must not be in a crowd of more than 10 people.
4. He must provide three sureties in the sum of N100 million each.
5. One of the sureties must be a senior highly placed person of Igbo extraction, such as a senator. 
6. The second surety must be a highly respected Jewish leader
7. The third surety must be a highly respected person who owns landed property and is resident in Abuja FCT.
8. He must not leave Nigeria till his trial commencement on July 11 and 12, 2017 as he must deposit his Nigerian and British passport with the court.
9. He must provide the court with reports on the progress of his health and treatment on a monthly basis.
The condition is a mixture of acceptable tenets and those unacceptable as mentioned above. The first 3 conditions are clearly unacceptable. They are not stringent, rather, they are illegal and unconstitutional. The accused is still a suspect under the fair hearing doctrine enshrined in section 36 of the constitution, thus, whereas some rights are taken away from convicts, the accused is yet to be a convict. So, it baffles me and I am sure it does baffle other legal minds why the court descended so low and violate clear constitutional provisions. A condition restricting the accused from granting interviews to no one and disallowing him from holding rallies contravenes section 39 on freedom of speech, and freedom of association in section 40. The condition that the said accused can only be in a crowd of no more than 10 people also offends the right to freedom of association. The court clearly erred in submitting these first 3 conditions. It is quite appalling. The consequence, and what the court is trying to say is that, in some situations, even when you’ve not been convicted of any offense, your freedom of speech and to association could be taken away. This type of ruling puts us few step backward in the legal development journey. This is because, since this ruling was made by the Federal High Court, it would become a precedent for lower courts in future hearings. It’s a bad precedent. 
However, aside from the first 3 conditions which are absurd, and clearly illegal and unconstitutional. Agitators and unwary legal minds must be cautious of the remaining conditions, as they are prudent. The fourth condition requires that the accused supply three sureties, in the sum of N100 Million each. Candidly, maybe the amount is excessive, but this requirement is conventional in criminal law practice – that a person seeking bail brings sureties, so, argument contesting this condition I believe should address the amount attached to it, not the condition itself. Even, as regards the amount, the amount does not seem totally outrageous, it might seem excessive, but the accused definitely has such sureties on deck. For example, the Governor of Ekiti State, and the former Minister of Aviation were at the ruling to show solidarity with the accused, they could stand as sureties for the accused. These people are worth more that USD100 Million. 
The qualifications of the sureties have been a subject of controversy as well, with many saying the requirement that the first surety be a senator is outrageous. Of course, from the understanding that we only have Senators of the Federal Republic of Nigeria and not Biafra, most Senators would be reluctant to be a part of what could ‘disintegrate’ Nigeria, as most Nigerians qualify Kanu’s efforts. However, this line of argument is not entirely flawless. What the court said was that the first surety should be a senior highly placed person of Igbo extraction, followed by “such as a Senator” – ‘such’ as used signifies an ‘example-given’ (e.g.). It thus means using the ejusdem generis rule of interpretation, an Obi, Ebube Dike, Ikemba, Uba zuo oke, Eze, or anyone considered ‘highly placed’ in Igbo tradition would suffice. In essence, the court does not require that the first Surety be a senator as most people are saying – that would be absurd going by the reason explained above. The court is aware of the unlucky circumstance requiring a senator strictly would imply. 
The qualification of the second surety that the accused present a Jewish leader also might seem as highly sophisticated, and too stern. However, a closer look into the nitty-gritty of the case and prior depositions of the accused shows that this condition is also reasonable. The accused had previously conferred with the court that he is NOT a Christian or Moslem, but that he practices Judaism. The question thus is not “can the court ask the accused to present a Jewish leader as surety as a bail condition?”, the question is “can the court require that the accused present a spiritual leader as a surety as a condition for bail?’. If we answer the latter question in the affirmative, which I believe is quite conventional in Nigeria – i.e. that courts often require that an accused seeking bail bring his spiritual leader as surety – then, asking the accused to bring a spiritual leader from his belief is only habitual, not arbitrary. Perhaps, if the accused had chosen from the two main religions – Islam or Christianity – when asked about his religion/faith in court, most likely, the court would have asked the accused to present a Pastor or an Imam cleric. The accused exercised his right to freedom of religion in section 38 of the constitution, and that is alright. He is, therefore, the author of his own predicament if finding a Jewish leader is difficult in the Nigerian setting. Still, it must be clear, that this condition is quite fair.
I believe the qualification of the third surety – owning a landed property in Abuja FCT – the jurisdiction of the trial court is not a cause of debate, as this is almost a norm in bail hearings in Nigeria. The same goes for restricting the movement of the accused pending trial. Thus seizing the passports of the accused is only standard, since the idea of bail is to allow the accused leave prison premises, but to come back on the set trial date. Allowing the accused hold on to his passport can put these considerations into extreme jeopardy. For example, the accused is also a British citizen, if he manages to travel to the UK during the bail subsistence, it might be difficult to extradite him back to Nigeria. 
Although the above scenario is doubtful, especially since the UK government is a partisan in this case. The Nnamdi Kanu’s case has been the only case where the British government has refused to help her citizen in extreme turmoil, despite the fact that the accused has been held in prison without a proper trial since 14th October 2015. The British government has refused to offer her help to the accused because according to the Parliament under the Secretary of State for Foreign and Commonwealth Affairs – James Duddridge in 2015 – the accused has not asked for the British government’s help. When do citizens have to ask the government for her help in obvious danger?, the British government has chosen to hide behind this effigy, whereas its mind state is to support Nigeria as a country – since Nigeria is her product, and naturally, no one wants what she created to get destroyed or become disintegrated. The Biafra agitation is thus inept to the British government, letting Nnamdi Kanu rot in prison is a sacrifice the British government is not scared of making. Thus efforts are being given to the Nigerian government to conquer Biafra subliminally, this is directly apparent also especially when one considers the British government role in the Nigerian Civil War when Biafra forcefully intended to break away from Nigeria. 
Lastly, the condition that the accused supply the court with updates on his health condition and treatment is only normal since according to the court, the accused is being considered and granted bail, mainly because of his health condition which is deteriorating. The court itself admits the Nigerian prison is bereft of such expertise, workmanship, and instruments needed in taking care of the accused. The grant of bail on this basis is laudable since only the living can stand trial. The requirement of care update is therefore also reasonable, the court wants to be sure that the accused is not utilizing the time given to him to take care of himself for other purposes such as the one that led to his arrest and arraignment. 
In conclusion, Biafra agitators and her legal minds should not consciously blind themselves to well-established principles in criminal law practice in Nigeria, especially when it comes to bail hearings, just because the concerned accused is their leader. Truthfully, some of the bail conditions are unreasonable, but the majority of them are also reasonable, only if one examine the rationale behind them closely. Also, although bail conditions might be fact-specific, thereby affirming the ‘subtle’ strange conditions of the accused’s bail; still, bail conditions that directly interfere with constitutional provisions cannot be substantiated in law. This explains why the first 3 bail conditions cannot stand, but the remaining definitely will stand, even on appeal.
Gbenga Odugbemi
4/25/2017.   
Legal Perspective on Discrimination And Challegenges Faced By Illegitimate Children| Motunrayo Olaleye

Legal Perspective on Discrimination And Challegenges Faced By Illegitimate Children| Motunrayo Olaleye

INTRODUCTION
This topic reminds me of
primary school days. It was okay to call each other names such as big head,
mad, stupid or even more painful things like fat and dumb but never ever call
someone a bastard. It was offensive, derogatory and mean-spirited.

That was a taboo and only
a child spoiling for a serious fight would go in that direction. Discrimination
by circumstance of birth is however not limited to children bickering and it
remains a glaring reality in our society, despite modernization and
development.


Discrimination against
children is wide-spread, hurtful and perverse. All kinds of discrimination are
to be condemned, and although societal bias may always be a norm in our
communities, this Article will focus on the legal disadvantages illegitimate
children face with respect to succession.
DISCRIMINATION
Discrimination means the
unjust or prejudicial treatment of different categories of people or things,
especially on the grounds of race, age, or sex. It also includes discrimination
due to disabilities, discrimination against the girl child and for the purpose
of this discussion it refers to discrimination on the basis of the
circumstances of one’s birth.

DEFINITION
OF ILLEGITIMACY
The condition before the
law, or the social status, of a child whose parents were not married to each
other at the time of his or her birth. (thefreedictionary.com)

An illegitimate child is therefore
one born to parents who are unmarried at the time of his birth. At common law,
such a child was legally known as a “filius nullius” or “child
of no one.”  And the implication of
that is that he/she was incapable of succeeding property or deriving other
benefits from his/her parents. Even subsequent marriage of the child’s parents
was insufficient to render him legitimate.

COMMON
LAW PERSPECTIVE
Over the years, the
attitude of the Court has been that the legitimate children of a statutory
marriage (i.e. a marriage under the Marriage Act) will inherit to the exclusion
of any illegitimate children as some case law that will now be referred to will
reveal.

In the case of ONWUDINJOH V ONWUDINJOH 1957 1 ENLR 1,
the Court held that any custom according a right of legitimacy to an
illegitimate child may be repugnant to natural justice or contrary to public
policy. Thus, the Court rejected the claim of an illegitimate child to share in
the intestate estate of his father on the ground that no evidence had been laid
in support of such claim, but supported a claim by a child where paternity had
been acknowledged.

It was further elucidated
in the above authority that if a man celebrated an Act marriage and during its subsistence,
purportedly celebrated a customary marriage, there could be no legitimating of
the offspring of the purported latter marriage.

Similarly, the Supreme
Court  in the case of OSHO V. PHILLIPS (1972) A NLR page 279
held thus:-

‘The Defendants being the
legitimate children of the intestate by his legal wife under the Marriage Act
they have a right under section 36 of the Act, to succeed to the deceased’s property
to the exclusion of the Plaintiff, who were as a result of the deceased’s
association with another woman during the subsistence of a legal marriage under
the Act and are therefore illegitimate; and the fact that two of the
defendants, as administrators, had distributed a portion of the deceased’s
personal property amongst the plaintiff as beneficiaries and invited them to
the family meeting of the deceased’s children does not stop the defendants from
maintaining that the plaintiff are not legitimate children of the deceased’.
Per ABOKI, J.C.A.(Pp. 69-70, paras. D-A).

It is apparent from the above
authorities that the position of the law at the time was that illegitimate
children could not lay claim with respect to inheritance thus making them
highly disadvantaged; regardless of legitimization by their fathers.

One of the reasons why
such a stringent position may have been obtainable is because promiscuity and
adultery were highly condemnable. While this stance may have been laudable for
moral reasons; the products of a union that was not validated by law had to
suffer the consequences of actions they could not be blamed for.

MODERN
LAW
There are varying authorities
on the issue of intestacy and succession and while the common law approach has
been accepted in some circumstances; there is a general variance with the
strict approach that was obtainable in the past.  IN MOTOH
V MOTOH 2011 16 NWLR PART 1274 PAGE 474 @ 491
the Court held as stated
below:

The custom of legitimation
by acknowledgement of paternity places legitimated children in the same position
for inheritance as children conceived in lawful wedlock. However, the custom of
legitimation by acknowledgement can be allowed by the Court only in so far as
it affects illegitimate children not born during the continuance of a statutory
marriage.

The implication of the
above authority is that a child born outside wedlock and during the pendency of
a subsisting legal marriage cannot be legitimized and therefore will not be
entitled to succession.

See also KEHINDE DA COSTA V FASHEUN where the
Court held that the provision of the constitution did not intend to make the
deceased property open for all both legitimate and illegitimate as doing so
would be unfair and contrary to public policy.
The above position is in
the writer’s opinion contrary to the intendment of the constitution as provided
for in Section 42 (2) of the Constitution of the Federal Republic of Nigeria
which provides as follows:
“No citizen of Nigeria
shall be subjected to any disability or deprivation merely by reason of the
circumstances of his birth.”

On the contrary, the Court
was of a different view in the earlier case of ANODE V. MMEKA  2008 10 NWLR PART
1094 PAGE 1 @ 5
where it was stated that by virtue of Section 42 (2), a
citizen of Nigeria shall not be subjected to 
any form of disabilities or restrictions to which members of other
communities, ethnic groups, places of origin, sex, religious or political
opinions are not made subject. In that case, the Court of Appeal held that the
fact that the Respondent was born out of wedlock was totally irrelevant and
could not deprive him from inheriting the estate of his maternal grandfather.

The Court further stated:
“I am aware of the
principle of the decision in Muojekwu v. Ejikeme (2000) 5 NWLR (Pt. 657) 402 at
418, 422-423 where the custom of leaving a woman in her maiden home to
procreate was held to be promiscuous, obnoxious, inconsistent with public policy
and therefore repugnant. I may agree as I am bound by that decision. But
rejection of a custom is one thing and the acceptance of the product of that
custom is quite a different thing. Here we are dealing only with the custom not
only simpliciter, but also with the product of that custom. A child is never
thrown away with bad or polluted water. A child immersed in bad water is first
brought out before the polluted water is thrown away. Even in the Muojekwu case the children who were held to be the products
of the obnoxious” custom of Nrashi in Nnewi were still held to be entitled
to inherit their mother’s father’s estate. I think that was the case of saving
the child from the bad water. Here the same view will be held by me. Whatever
view I take of the custom, it will not have anything to do with the position of
the plaintiff as a human being who played no part in the existence of that
custom and who is merely but the product of that custom.”
Per SAULAWA,
J.C.A.(Pp. 15-16) (emphasis supplied)

THE  DOCTRINE OF ESTOPPEL
In OGUNMODEDE V THOMAS SC FSC 337/1962, the deceased married under
the Marriage Act and they bore a daughter. The husband acknowledged 16 other
issues he had outside the marriage. The children were treated equally while the
wife was alive. When she died, the husband tried to inherit her property to the
exclusion of all the other children alleging that they were illegitimate in
relation to the deceased and her property. The Supreme Court held that if they
woman were alive, she would have been estopped from denying acknowledgment by
conduct. They were thus entitled to share the property.
LEGITIMATION
AND ACKNOWLEDGEMENT OF PATERNITY
Legitimation is a process
whereby an illegitimate child is made legitimate either by acknowledgement or
by subsequent marriage of both parents.
The Court in the case of ALAKE V PRATT 1955 15 WACA 20 approved
the custom of legitimation by acknowledgement of paternity and placed
legitimated children in the same position for inheritance as children conceived
in lawful wedlock.
In Motoh v Motoh (supra)
it was held that children who are not born in wedlock or who are not issues of
a marriage under native law and custom, but are issues born without marriage can
also be regarded as legitimate children if paternity has been acknowledged by
the putative father.
In
Section 69 of the Matrimonial Causes Act, a child of a marriage was defined to include
the following:
 (a) any child adopted
since the marriage by the husband and wife or by either of them with the
consent of the other;
(b)
any child of the husband and wife born before the marriage, whether legitimated
by the marriage or not; and
(c)
any child of either the husband or wife (including an illegitimate child of
either of them and a child adopted by either of them) if, at the relevant time,
the child was ordinarily a member of the household of the husband and wife, so
however that a child of the husband and wife (including a child born before the
marriage, Whether legitimated by the marriage or not) who has been adopted by
another person or other persons shall be deemed not to be a child of the
marriage;
From
the above, it appears that the intendment of the law is that once a child has
been legitimated or acknowledged; he or she is to be treated as a child that
was born in lawful wedlock.
EQUAL
PROTECTION
It is apparent that
customary law negates not just the principles enshrined in the Constitution but
is also contrary to International Conventions against discrimination.
Article 3 of the African
charter on the rights and welfare of the child states as follows:
“Every child should be
allowed to enjoy the rights and freedoms in this Charter, regardless of his or
her race, ethnic group, colour, sex, language, religion, political or other
opinion, national and social origin, fortune, birth or other status”
Similarly, Section 10 of
the Child Rights Act of Nigeria states :
 “A child shall not be subjected to any form of
discrimination merely by reason of his belonging to a particular community or
ethnic group or by reason of his place of origin, sex, religion or political
opinion.” and No child shall be subjected to any disability or deprivation merely by
reason of the circumstances of his birth
.”
(emphasis supplied).
CONCLUSION
There is a need to promote
fundamental rights recognized by national and international law. Many customary
practices in Nigeria still encourage discriminatory practices with respect to
succession and there are many grey and contradictory areas that are yet to be
resolved. 

Notwithstanding, it is
glaring that the intendment of the law is that all forms of discrimination are eliminated;
therefore it is expedient that further reforms are made to adequately address
all aspects of intestacy and succession in a manner that harmonizes with the
rules of natural justice and the objective of the law.

By – Motunrayo Olaleye
        Legal Counsel at B. Ayorinde & Co. 
        Photo Credit – www.acronymsandslangs.com 
  
Invitation To ESQ. Training on Natural Gas Utilization: Legal And Negotiation Issues

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Taxation And Investment In A 3rd World Economy- A First World Approach | Olajide Ademola Omosebi

Taxation And Investment In A 3rd World Economy- A First World Approach | Olajide Ademola Omosebi

ABSTRACT
In
the second half of the twentieth century, the emergence of scores of new states
has made international politics and economics truly global for the first time
in history. At the same time, technology has made it possible for nearly every
country to participate in events in every part of the world as they occur.
Unfortunately, the explosion has not been accompanied by similar increase in
knowledge. The continents interact but they do not learn from each other.


The
uniformity in technology, access to information, is accompanied by an implicit
assumption that nations, both developed and developing world learn from each
other, to fast-track growth and boost the economy.

Countries
differ in their economic success because of their different institutions, the
rules influencing how the economy writes, and the incentives that motivates
people.
Inclusive
economic institutions, such as those in South Korea or in the United States,
allow and encourage participation by the great mass of people in economic
activities that make best use of their talents and skills and that enable
individuals make the choices they wish. To be inclusive, economic institution
must feature secure pirate property an unbiased system of law, and a provision
of public services that provides a level playing field in which people can
exchange and contract; it also permits the entry of new business and allow
people to choose their careers.

No
country no matter how ingenious can thrive on a mono-economy and avoid economic
volatility. There must exist a paradigm shift from a mono-economy to
diversification of the economy. This will culminate into economic growth
thereby creating employment, infrastructural development, increase in standard
of living, improved GDP and composite IGRs, and solve myriads of problems on
the economic front. Taxation as a socio-economic tool could be used to achieve
these aims via tax holidays, tax incentives, law tax tariffs, widening the tax
base to include informal sectors thereby making these nations attractive to
investors.
Keywords: Economic  Growth, Taxation,
 FDIs, IGRs, 3rd  world nations, Tax holiday,
 Tax Haven.
INTRODUCTION
Taxation
has become a muse for government of developed and developing nations. As a
socio- economic tool, it can be used to drive the economy forward. The shift
from a developing nation to a developed nation might require rigorous
government policies to transform the economy.

Among
the lessons to learn from developed nations is, „how they make their economy
work
and sustain
it. This Lee Kuan Yew, who arguably is the founding father of Singapore,
utilized in moving Singapore from a 3rd word nation to a first word nation.

Nations
of the world must interact and take cue on administration, investment from each
other. Though circumstances may differ, but will surely put us on the right
pedestal. If I have learnt to see clearer, it is by standing on the shoulder of
giants.

The
burgeoning problems facing third world nations necessitate a restructuring in
the way the economy is being administered.
THE HIATUS AND FAILED
STATUS QUO: MOVING IN CIRCLE
The
aphorism that one cannot repeatedly to a thing in a particular way and expect a
different result remains tenable, even today.

In
developing nations, more attention is paid to taxation of formal sectors, thereby
neglecting the informal sectors. While this has helped sustained the economy in
the revenue generation, and meeting the needs of the society. It does not
acutely represent the proper economic status of these nations. The informal
sector, which makes profits though depleted by the vicissitude of life, is a
booming sector that should be taxed and developed.

One
major factor that has bedevilled the potential of these nations is their
„consumption culture
. They are nations who only import and never export.
There is over dependence on one major source of revenue. This has long stifled
the growth of these nations.

There
is also the quick-fix elixir to seek for FDIs, loans and aids from developed
nations to finance the already failed institution still operative in these
countries.
These
archaic solutions will only bolster us to keep moving in circles.
PARADIGM SHIFT IN
APPROACH: MOVING FROM 3RD TO 1ST
The
desirability of developing nations becoming first world nation does not augur
well with the quick-fix panacea been adopted by the government of these nations
for decades. The stratagem has been utilised well to sustain them at their
complacent state. The solution lies above this medium.

It
is noteworthy to point out that, taxation and investment are like Siamese
twins. The relationship between tax and investment transcends this present
treaty, but the focus here is to see how tax can bolster the economy of a state
above the status quo been earlier adopted.

As
espoused by Professor A. D. Lawton, tax could be used to foster production and
investment as a contemporaneous pursuit of subsidiary aims by the government.

Investor
are always seeking for means to increase their wealth-base, whilst, government
are also seeking for ways to increase their revenue to accomplish more for
their individual states. They are always seeking for means of getting
more and paying less tax
. Tax could be seen to be Janus-faced- tax being
used to attract investors, and, also used to boost the economy.

One
of the problems facing these nations is that they run a mono-economy. For
example, Nigeria only depends on oil and the shake in the international market
has affected its economy thereby culminating into recession. To increase the
revenue base of these nations might be herculean but it is achievable. Of
course, their budget being passed yearly cannot transform their economy. The
suggested solution would be that governments of these nations would meet with
investors to invest in their ailing sectors- health, education, industry,
agriculture, infrastructure, entertainment, power, technology, roads, rail
transport, tourism, sports. This will not only boost the economy, but
will also increase the standard of living, create jobs, increase IGRs, and
boost the GDP. However, to attract the investors, tax holiday must also been
given to them, and repatriation of funds back to their home country. These
nations will then become tax havens for individuals willing to migrate, and tax
holidays given to investors willing to incorporate their companies there.

On
investment by foreign investors, partnership with firms and corporations in
other climes making them have subsidiaries in these nations could boost the
economy. Here, these firms/corporations  would  then  have  subsidiaries  to  create  a  venue  for  development,
employment, etc. Subsequent upon this, they will enjoy tax holidays in turn.
This investment would then help revive sectors which have been left to age, and
non-operative.

Another
area of focus is the taxation of informal sectors.The broader spectrum of
business being run in these nations is under the informal sector. This probably
explains why attention has not been given to them. Taxing these sectors will
help revivify the IGRs of components states. This is achievable by ensuring
that these businesses are registered by the government, thereby increase the
tax-net to cover them.

It
is evident that the yearly budget in developing nations cannot help boost,
revive, and maintain their redundant sectors. Investments in tourism,
agriculture, infrastructure, sports, technology, education, could help
transmogrify these nations to a 1st world nation and solve myriads of problems
on the economic front.

In
its drive to attract investments and position the state economy on sound
footing, one of the states in Nigeria- Lagos established an Office of Overseas
Affairs and investment (LAGOS GLOBAL). The office is tasked with the
responsibility of creating an enabling environment for global competitiveness and
promoting inward and outward foreign direct investments in the state.

Also,
to make the Lagos economy a self-sustaining one, the tax net was widened to
include more groups and individuals. This was done by the overhauling of the
informal sector.

In
achieving these aims and goals, there must be a synergy between the governments
of these countries, to ensure its smooth passage. For this to be achieved, the
legislature, executive, accountants, and technocrats must collaborate together.
CONCLUSION
In
peroration, synergy and partnership between developed and developing nations,
foreign and local firms, foreign and local investors should be encouraged as a
sure path to progress, and economy boom.

Diversification
of the economy as opposed to a mono-economy being run by 3rd world nations is
the sure path to progress. And, technology which has virtually transformed most
first world nations must be invested in. Education will surely help maintain,
and transform any society, and its neglect will definitely spell doom for any
nation.

No
nation of this world can ever survive on its own; no man can.

Olajide Ademola Omosebi

Legal Officer/ In-house Counsel

Mactay Group/ Global Manpower Ltd

Company Name Co.

Ed’s  Note – This article was first published here
Photo Credit – www.blog.lawinfo.com 
Just Before You Blow that Snitch Whistle, Here Are Some Things to Consider | Ivie Omoregie:

Just Before You Blow that Snitch Whistle, Here Are Some Things to Consider | Ivie Omoregie:


As we all know, there has
been a drastic drop in Nigeria’s federal revenue due to the fall in oil
prices and the general mismanagement of the countries resources under previous
administrations; the resultant effect is that Nigeria is now seriously
strapped for cash.


In an innovative drive to
raise revenue and expose public officials involved in improper conduct, the
federal government of Nigeria introduced the Whistle Blower Policy.

Many people do not know
the details of the policy; however, what has resonated in most peoples minds is
the simple fact that who ever informs the government of looted public funds
becomes entitled to between 2.5% – 5% of the value of the looted funds once recovered,
as compensation for their efforts.

To Snitch Or Not To
Snitch
As you can trust, our ever
faithful Nigerian compatriots have been flocking to the nations call like bees
to honey. In the last few weeks we have seen an unprecedented influx of people
informing the government of various facts, which I presume, have been to their
knowledge for quite some time… I can only wonder what is prompting this sudden
urge to share this information (can you just picture security guards around the
country turning into mathematicians when doing their calculations).

In this article I share my
thoughts on this new “policy”. I have been meaning to do this for some time,
but felt the urge to write now given the influx and gravity of recent
discoveries.

Just Before You Run
And Snitch…
I must stress that
although the Whistle Blower Bill was laid before the Nigerian Senate in October
of 2015, we are now in April of 2017 and the bill is yet to be passed into law,
thus the policy is currently merely a tentative measure. This to me is quite
concerning.

I understand the fact that
the President does not have the power to waive Constitutional protocol when it
comes to the passage of bills into law; however, the bill could have been an
executive bill sponsored by the President himself and he could have mounted
political pressure to lobby the House of Reps and the Senate for the swift
enactment of the bill. Both to my knowledge have not been done and almost 2
years later the bill is only at the second reading.

I personally cannot
imagine the unease this nature of law would bring unto our public officials.
This may be relatable to why they do not seem entirely enthusiastic about
enacting the draft bill.

Wait A Minute!
The policy stresses
transparency and accountability, however I am yet to see any published
information pertaining to the loot so far recovered. What is clear from
official publications is that billions of naira have been recovered. The
following questions have been revolving in my mind for the past few months:

• Are these looted funds
kept in the EFCC offices?
• Are they paid into a
particular account?
• If so which account?
• Have any of the looted
funds been spent so far?
• If so, what are the
projects these looted funds have been utilized for?

One thing that concerns me
here is the re-misappropriation of the looted funds, how do we even know that
the agents who are sent to investigate the tip offs are not taking their
“personal commission” prior to disclosing the discovery.

Mathematical Analysis
The policy promises
between 2.5% and 5% of the recovery value as a reward to the person or persons who
assist in the recovery; however it is not quite clear how the exact reward due
to the informant is determined. The difference between 2.5% and 5% on N1
Billion is a lot of money.

I must also stress that
according the Federal Ministry of Finance Whistle Blowing FAQs the following
caveats need to be met for one to qualify for this reward;

1. The Whistleblower must
provide the Government with information it does not already have;
2. The information
provided should not be obtainable by the Government from any other publicly
available source; and
3. The actual recovery
must also be on account of the information provided by the Whistleblower.

Please how can one verify
what information the government has, what is obtainable and if ones information
is entirely responsible for the actual recovery.

Also, another gray area
appears to be the point at which the informant is paid. I am sure most
informants would like their cash as soon as the officials are recovering the
loot or within a matter of hours thereafter. Since the policy is not yet
enacted, this is something that has not been determined.

There are some who argue
that, due to the legal presumption of innocence until proven guilty, the money
can only be paid to the informant after the prosecution and subsequent
conviction of the persons who initially looted the money. Imagine if the
accused looter had a legal right to the money in their possession, what becomes
of the 5% paid to the informant at the onset.

You Are On Your
Own!
The general assertion is
that an informant is protected by law, thus should not be unfairly treated
should it come to light that they were the source of the information. However,
in reality, given the peculiarities of the country in which we live, the likely
hood of the Federal Government remembering the informant several weeks or even
months after they have successfully dealt with any misappropriations are slim
to none.

“Confidentiality will be
maintained to the fullest extent possible within the limitations of the law.”
(taken from the Federal Ministry of Finance Whistle Blowing FAQs)

I have read from various
sources that said informant can raise concerns should anything happen to them,
but there seems to be no mention as to the implications of the unfair treatment
of any known informant. I also wonder if there is going to be a special task
force designated for their protection… somehow I doubt so.

Conclusion
I must stress that my
intentions in writing this article is not to deter the general public from assisting
in the recovery of looted funds. My concern is in instances where individuals
are putting their lives in danger only to be “played” by the Federal
Government.

As we all know, corruption
is somewhat entrenched in the Nigerian system, and the fact remains that most
of the persons who were responsible for the misappropriations under previous
administrations are still somewhat relevant under this administration and still
very powerful people.

I have often wondered what
happened to all the “Abacha Loot” returned to Nigeria by foreign governments
(estimated at almost $1billion) and then I am reminded of how the cash, valued
at $15million, James Ibori paid to Nuhu Ribadu got “lost” after Mr. Ribadu
lodged it as evidence in Mr. Ibori’s corruption case.

I hope this policy is
properly implemented, the rate and volumes being misappropriated can only be
described as kleptomania; for the swift development of the country drastic
measures have to be put in force. But first the government on their part must
be transparent and unequivocal in their pursuit of justice.

Ivie Omoregie
Energy & Finance, Associate at Templars
Ed’s Note – This article was first published here
Essentials Of A Contract Of Employment | Hightower Solicitors

Essentials Of A Contract Of Employment | Hightower Solicitors

This piece is scripted to
educate business owners and prospective employees. To help draw their minds to
what the essentials of a ‘contract of employment’ are. It is best that they
become familiar with the concepts of this type of contract law.


A contract of employment
is a contract in itself, and it has terms that would govern the relationship
between the employer and the employee.

We acknowledge that
employment contracts can take the form of a verbal understanding.
Notwithstanding, with a contract, the essentials get spelled out in detail. For
clarity and certainty.

For a contract to be
valid, there must be;
1.    
An offer and an unconditional acceptance,
2.    
An intention to enter into legal
relationship must be visible,
3.    
and consideration must be furnished as
well.

All of these must be in
the absence of vitiating elements, such as duress, mistake, illegality, undue
influence or misrepresentation from either of the parties.

Some
Essentials To Note
  • One vital feature of a contract of employment
    is that the parties’ names and capacity has to be stated (i.e. the
    employer and the employee).
  • Also, the nature or title must be
    specifically indicated – the name of the position and the essential duties
    ascribed to such position. This ensures that the employee knows what is
    expected of her.
  • One important term in some employment
    contracts is a covenant not to compete, also known as a non-compete
    clause. These clauses restrict an employee – post-employment – from
    working for a competitor for a certain period of time. This usually keenly
    debated during negotiations.
  • Confidentiality clauses are also
    commonly found in employment contracts. These clauses may encompass a
    variety of things, such as trade secrets, business operations, and
    marketing strategies.
  • Ownership of Products: If your
    employees invent products within the scope of their employment, you can
    take ownership of these inventions by including a clause that expressly
    states your intention to do so. This is in tandem with the principles of
    Intellectual Property.
  • In addition, the duration of the
    employment contract should be clearly stated (i.e. commencement and end
    date). For instance,this contract of employment commences on January
    19, 2017, and will end on January 20, 2020 
    or, this
    contract is to run for a period of three years starting from January 20,
    2017.
     Conditions that may vary this length of employment should
    also be provided for.
  • The address of the workplace should be
    clearly contained in the contract of employment.
  • Furthermore, the mechanism to be
    applied for the evaluation of performance should be included in the
    contract, expectations and performance barometers should be carefully
    drafted.
  • Other clauses to be provided for
    include: hours of work (e.g. from 8am to 4pm), public holidays clause,
    leaves that are open to the employee (e.g. maternity leave, sick leave,
    annual leave, paternity leave etc.)
  • Another essential feature is the
    amount to be paid whether as wages, salary or on a percentage/commission
    basis, and in what currency the money is to be paid. Thus, the terms as to
    whether payment would be made hourly, daily, weekly or monthly should be
    clearly stated. Terminal benefits and retirement benefits should also be
    provided for.
  • Finally, there should be a provision
    for the termination of employment; this should cover likely incidents of
    misconducts, i.e. scenarios and instances under which the employment
    contract may be terminated.
At this point, after all
negotiations are concluded, the contract would then be signed and dated by
parties, and both provided with a copy of the signed agreement.

In the case you
have any employment related problems, or queries, get in touch via
+2347014979879 or hightowerlawyers@gmail.com.

Ed’s Note – This article was first published here
Photo Credit – CONTRACT OF EMPLOYMENT | pixabay.com

Legislative Motion On Need For Security Agencies To Intervene In Kidnapping And Securing The Waterways

Legislative Motion On Need For Security Agencies To Intervene In Kidnapping And Securing The Waterways

Sponsor: Senator Gbenga B.
Ashafa (Lagos East)

The Senate.
Notes with urgent and
grave concern the recent increase in the activities of criminal syndicates who
specialize in kidnapping/militant activities in and around communities in the
Lagos East Senatorial District, Particularly Kosofe, Epe, Ikorodu, Ibeju Lekki
Local Government Areas.

Concerned that the
activities of these criminals have forced law-abiding residents of
coastal/riverine communities of the affected communities to flee their
communities and livelihood out of fear.
Further Concerned that on
Friday, 7th April, 2017 One Mr. Ademola Salami, a 42 Year Old
plank dealer was kidnapped in Ise community in Ibeju Lekki area of Lagos East
Senatorial District by Seven dare devil abductors, who escaped in a gunboat via
the river.  The abductors have now demanded the sum of 100 million Naira
as ransom for his release.
Notes that the situation
is now so bad that even prominent citizens of Ise community, including HRM,
Kabiyesi Onise of Ise, Oba Ganiyu Adegbesan has had to vacate the community due
to the level of insecurity in the area.
Disturbed that for the
past seven years, a divisional Police station commissioned in Ise had been a
ghost of itself as no police officers were deployed there until the recent
attack. 
Recalls that the Tribune
Online Newspapers of 23rd February, 2017 reported the case of
Two sand dredgers who were kidnapped in Ibeju Lekki by kidnappers who also
stormed the community in a gunboat.
Further recalls that
between April and July, 2016 there were reports of Militant activities in some
communities in Ikorodu, including Elepete, Agbede, Ishawo and Igbo-Olomu, which
led to the death of residents. These Militants’ were equally reported to have
stormed the communities through the creeks using gunboats.
Alarmed that the recent
kidnap incidents have assumed a totally new and disturbing dimension in the
sense that just yesterday, 9th April, 2017 an army Captain,
identified as Muhammed, Two other rank Soldiers, four policemen, and a civilian
lost their lives after suspected militants attacked Ishawo, in the Ikorodu area
of Lagos State. The late security operatives were responding to a distress call
after the militants stormed and kidnapped some residents of Woodland Estate,
close to the Ishawo creeks with about 10 Speedboats according to reports
relayed online. It was also reported that other innocent citizens who were
seriously injured are now receiving treatment at the Ikorodu General Hospital.
Observes that the
activities of these criminal syndicates have caused untold hardship to the people
of Lagos East Senatorial district and the intervention of the Federal
Government is urgently required. 
Accordingly resolves to:
1.    Observe
a minute silence in honour of the gallant soldiers, policemen and other
citizens who lost their lives in the attack of Sunday, 9th April,
2017.
2.    Advise
the Federal Government to direct the inspector General of Police to immediately
instruct the Commissioner of Police, Lagos State, to beef up the strength of
the task force already on ground in order to effectively secure all the
affected creeks and communities.
3.    Advise
the Federal Government to direct the inspector General of Police to immediately
make available sufficient helicopters for aerial surveillance and gunboats to
the Marine Police department of the Lagos State Police Command, in order to
enable the State Command effectively tackle the activities of the Militants.
4.    Urge
the Army, Navy and other security agencies to assist the Nigeria Police Force
in its quest to rid Lagos State, particularly the creeks in Lagos East
Senatorial District of criminal syndicates making use of its waterways to
perpetuate crime.

Senator Gbenga Ashafa calls for protection of creeks from Kidnappers & Militants

Senator Gbenga Ashafa calls for protection of creeks from Kidnappers & Militants


Following the recent
increase in the activities of Militants and Kidnappers in the Lagos East
Senatorial District, one of which occurred on Sunday 9th April,
2017 costing the lives of One Military Captain, Two other rank soldiers, four
policemen, and a civilian, the Senator Representing the District in the
National Assembly, Senator Gbenga Ashafa today moved a motion on “the Urgent
need for the Nigerian Police Force and other security agencies to intervene in
the increased rate of kidnapping In the Lagos East Senatorial District And
securing the waterways”.


The Senator, noted with
urgent and grave concern the recent increase in the activities of criminal
syndicates who specialize in kidnapping/militant activities in and around
communities Kosofe, Epe, Ikorodu, Ibeju Lekki Local Government Areas of Lagos
State.

Ashafa while moving his
motion, expressed concern that the activities of these criminals have forced
law-abiding residents of coastal/riverine communities of the affected
communities to flee their communities and livelihood out of fear. He sited the
example of HRM, Kabiyesi Onise of Ise, Oba Ganiyu Adegbesan who has had to
vacate the community due to the level of insecurity in the area.

While listing some of the
recent activities of the criminals, the Senator brought to the attention of his
colleagues the case of One Mr. Ademola Salami, a 42 Year Old plank dealer who
was kidnapped on Friday, 7th April, 2017 in Ise community in
Ibeju Lekki area of Lagos East Senatorial District by Seven dare devil abductors,
who escaped in a gunboat via the river.  The abductors have now demanded
the sum of 100 million Naira as ransom for his release.

In identifying some of the
challenges of insecurity faced by the communities, Ashafa noted that for the
past seven years, a divisional Police station commissioned in Ise had been a
ghost of itself as no police officers were deployed there until the recent
attack.

 Laying a case for
the urgent need to beef up the strength of the marine police, Ashafa reminded
the Nigerian Senate that between April and July, 2016 there were reports of
Militant activities in some communities in Ikorodu, including Elepete, Agbede,
Ishawo and Igbo-Olomu, which led to the death of residents. These Militants’
were equally reported to have stormed the communities through the creeks using
gunboats.

As he rounded up, Senator
Gbenga Ashafa raised an alarm that the recent kidnap incidents in his district
have assumed a totally new and disturbing dimension in the sense that on 9th April,
2017 a Captain in the Nigerian Army identified as Muhammed, Two other rank
Soldiers, four policemen, and a civilian lost their lives after suspected
militants attacked Ishawo, in the Ikorodu area of Lagos State. Quoting the
Senator, he stated that “The late security operatives were responding to a
distress call after the militants stormed and kidnapped some residents of
Woodland Estate, close to the Ishawo creeks with about 10 Speedboats according
to reports relayed online. It was also reported that other innocent citizens
who were seriously injured are now receiving treatment at the Ikorodu General
Hospital.”

 “The activities of
these criminal syndicates have caused untold hardship to the people of Lagos
East Senatorial district and the intervention of the Federal Government is
urgently required.”

One of the Contributors to
the debate on the floor of the Senate, Senator Joshua Lidani (Gombe South),
stated that the issue of kidnapping was not only peculiar to Lagos. He gave
examples of people including his relatives who were only recently kidnapped in
Abuja on whom ransom had to be paid to secure their release. Lidani, therefore
asked that the resolutions of the Senate on the motion be couched in a way to
cover the security of the entire country.

The Senate therefore
advised the Federal Government to direct the inspector General of Police to
immediately instruct the Commissioner of Police, Lagos State, to beef up the
strength of the task force already on ground in order to effectively secure all
the affected creeks and communities. It was also resolved that the Federal
Government should direct the inspector General of Police to immediately make
available sufficient helicopters for aerial surveillance and gunboats to the
Marine Police department of the Lagos State Police Command, in order to enable
the State Command effectively tackle the activities of the Militants. While all
Security agencies were urged to work together to secure the entire country as
the incidence of Kidnapping and other forms of insecurity had become prevalent
across board.

#TodayInPlenary Proceedings of the Nigerian Senate on 11th April, 2017

#TodayInPlenary Proceedings of the Nigerian Senate on 11th April, 2017

*PROCEEDING OF THE NIGERIAN SENATE OF TUESDAY 11TH APRIL, 2017*

Its a new Legislative day in the Senate of the Federal Republic of Nigeria. Senate President Bukola Saraki took the official prayer and led the Senate Leadership into Plenary.

Senator Ubali Shittu moved for the approval of Votes and Proceedings of Thursday 6th April, 2017. Senator Stella Oduah seconded.

*ANNOUNCEMENT*

Senate President Bukola Saraki announced the burial of late Senator Offia Nwali which takes place on the 25-28th of April and urged his colleagues to attend.

*PETITIONS*

Senator Barau Jibrin raised a petition of wrongful dismissal of an officer from the Nigerian Police force.

Senator Omo Agege raised a petition on mass disconnection of electricity supply by Disco at Delta central.

The Petitions were referred to the Committee on Ethics and Privileges and to report back in 2 weeks.

*POINT OF ORDER*

Senator Sekibo cited a point of order thanking Senate President Bukola Saraki, Deputy Senate President Ike Ekweremadu and other senators who attended his birthday and book launch and also donated copies of the book to the National Assembly Library.

*PRESENTATION OF BILLS – FIRST READING*

1. Marriage Act CAP M6 LFN 2004 (Repeal & Re-enactment) Bill, 2017 (SB.189) by Senator Stella Oduah

2. National Social Integration Bill, 2017 (SB.313) by Senator Isah Hamma Misau

3. Maritime Piracy Bill, 2017 (SB.364) by Senator Abdul-Aziz M. Nyako

4. Federal Polytechnic, Daura (Est,  etc) Bill, 2017 ( SB.465) by Senator Mustapha Bukar

5. Federal University of Agriculture and Technology, Oke-Ogun, Oyo State (Est, etc) Bill, 2017 (SB.466) by Senator Abdulfatai Buhari

6. Federal University of Agriculture, Umuhuali Nkalagu, Ebonyi State (Est, etc) Bill, 2017 (SB.468) by Senator Obinna Ogba

7. National Electoral Offences Commission (Est, etc) Bill, 2017 (SB.469) by Sen. Abubakar Kyari

*PRESENTATION OF REPORTS*

1. Report of the Committee on Ethics, Privileges and Public Petitions by Senator Samuel Anyanwu
-That the Senate do receive the reports of the Committee on Ethics, Privileges and Public Petitions in respect of:
a. Petition from Dr. Edet A. Ukpong against the National  Pension Commission over Alleged Non-Payment of his Federal Pension since 2009

b. Petition from Insp. Solomon Ojo Dalley against the Nigeria Police Force (NPF) for unlawful Dismissal from the Force.

2. Report of the Committee on Tertiary Education and TETFUND . Maritime University of Nigeria, Okerenkoko (est. etc) Bill, 2016 (SB.295) by Senator Barau Jibrin.
-That the Senate do receive the report of the Committee on Tertiary Education and TETFUND on the Maritime University of Nigeria, Okerenkoko (est. etc) Bill, 2017 (SB.295).

The Reports were Laid.

*EXECUTIVE COMMUNICATION*

Confirmation of Nomination.
-That the Senate do consider the request of Mr. President C-in-C on the confirmation of the nomination of the following persons for appointment as members of the Niger Delta Development Commission (NDDC) in accordance with Section 2 (2)(a) of the NDDC Act, 2000.
Lucky Orimisan Aiyedatiwa, Non-Executive Director – Ondo State
Honourable Chuka Ama Nwauwa, Non-Executive Director – Imo State
Nwogu N. Nwogu, Non-Executive Director – Abia State

Senate President Bukola Saraki referred the confirmation of nomination for the appointment as members of the NDDC to the Committee on Niger Delta to report back in two weeks.

*MOTIONS*

1. Harmonizing the different versions and copies of the constitution of the Federal Republic of Nigeria in circulation into one authetic whole by Senator Chukwuka Utazi.

Senate resolved to:

-Mandate the Committee on Judiciary, Human Rights and Legal Matters to liase with the National Judicial Council, the Office of the Attorney General of the Federation and the Law Reform Commission to constitute a Law Review Committee to withdraw the copies of the different versions of the Constitution in circulation and authorize the printing and distribution of the authentic, consolidated Constitution of the Federation with the different alterations embedded where they belong to make the Constitution one whole document I guide the generality of the Nigerian populace and the international community.

“It is a straight forward motion”-Senator Aliyu Wamakko

“It is a straight forward motion and it’s on the path of government, we should find a way to harmonize”.-Senate President Bukola Saraki

2. Urgent need for the Nigerian Police Force and other Security Agencies to intervene in the increased rate of kidnapping in the Lagos East Senatorial District and secure the waterways by Senator Gbenga Ashafa.

Senate resolved to:

i. Advise the Federal Government to direct the inspector General of police to immediately instruct the Commissioner of Police, Lagos State to immediately need up the strength of the task force already on ground in order to effectively secure all the affected creeks and communities.

ii. Advise the Federal Government to direct the inspector General of Police to immediately make available sufficient helicopters for aerial survillance and gunboats to the Marine Police department of the Lagos State Police Command to enable the State Command effectively tackle the activities of the militants.

iii. Urge the Army, Navy and other security agencies to assist the Nigeria Police in its quest to rid Lagos State, particularly the creeks in Lagos East Senatorial District of criminal syndicates making use of its waterways to perpetrate crime.

Senate President Bukola Saraki said it’s a straight forward motion and Senator Atai Aidoko added a prayer that security agencies should extend operation to Abuja and other parts of the country.

Senator Adesoji Akanbi seconded.

*CONSIDERATION OF REPORTS*

1. Report of the Committee on Ethics, Privileges and public petitions by Senator Samuel Anyanwu.
-That the Senate do consider the reports of the Committee on Ethics, Privileges and Public Petitions in respect of:
a. Petition from TRLP Law in behalf of Senator Buruji Kashamu against NDLEA, Former Chairman NDLEA Mr. Ahmad Giade and the Attorney General of the Federation for the alleged intention to abduct Senator Buruji Kashamu and forcefully transport him to the USA without recourse to due process.

b. Petition from Hyacinth Ahuruonye against the Nigerian Police Force (NPF) for alleged Wrongful Dismissal from the Force.

c. Petition from Collins Chinonyerem Udeogu against the Nigerian Deposit Insurance Corporation (NDIC) for alleged Wrongful Dismissal from the Corporation.

d. Petition from Ex-Cpl. Kamal Haruna against the Nigerian Police Force (NPF) for alleged Unjust Dismissal from the Force

Senate resolved for the court to be allowed to handle various aspects of the case of former chairman NDLEA Mr. Ahmed Giade.

Senate commended the Nigerian Police for tempering justice with mercy and reinstating Ex-Cpl. Kamal Haruna.

Senate resolved that the Nigerian Police should reinstate Hyacinth Ahuruonye and benefits be sustained.

Senate resolved that the dismissal of Mr. Collins Chinoyerem should be sustained as due process was followed.

Senate President Bukola Saraki thanked the chairman of the Committee and commended the hard work of his Committee .

2. Report of the Ad-hoc Committee on Southern Kaduna Crisis and other Parts of the country by Senator Kabiru Gaya.
-That the Senate do consider the report of the Ad-hoc Committee on Southern Kaduna Crisis and other parts of the Country.

Senator Barnabas Gemade and Deputy Senate President Ike Ekweremadu lent their voices.

“There are many other parts of the country which needs to be addressed,the committee should look into it and bring back the report”
-Senate President Bukola Saraki.

*CONSIDERATION OF BILLS – SECOND READING*

1.A Bill for an Act to Repeal Local Government Act No. 8 of 1976 and for related matters, 2017 (SB.365) by Senator Peter Nwaoboshi.

Senator Adamu Aliero raised a Constitutional Point of Order on the powers of the National Assembly and State Houses of Assembly on Local Governments. He spoke against the Bills to repeal the Local Government Act No 8 of 1976 SB. 365

Deputy Senate President Ike Ekweremadu spoke on the difference in Local Government laws in the North and the South from history way back  to 1972.

Senate President Bukola Saraki put the question to refer the Bill to Repeal the Local Government Act No 8 of 1976 to the Constitutional Review Committee.

Senators vote against Bill for an Act to Repeal the Local Govt Act No 8 of 1976.

The Nays had it!

2.A Bill for an Act to provide for the establishment of the Federal University of Education, Zaria, 2017 (SB.400) by Senator Jibrin Barau.

Senator Samuel Anyanwu seconded the Bill and Senate President Bukola Saraki referred the Bill to the Committee on Tertiary institution and TETFUND.

3.A Bill for an Act to establish the Nigeria Arabic Language Village, Ngala, 2017 (SB.386) by Senator Baba kaka Bashir Garbai.

Senator Ibrahim Gobir supported the Bill and Senate President Bukola Saraki referred the Bill to the Committee on Tertiary institution and TETFUND .

4.A Bill for an Act to establish the Nigeria French Language Village, Badagry, 2017 (SB.387) by Senator Gbenga Ashafa.

Senator Dino Melaye said We must promote the bill instead of using dollars to study to learn French in France, we can learn it here. He suggested that Senate President Bukola Saraki should enroll in the school and support this Bill, and stated that General Olusegun Obasanjo lost the seat of the Secretary General of the United Nations because he could speak only one internationally recognized language.

Senate President Bukola Saraki referred the Bill to the Committee on Tertiary institution and TETFUND and to report back in four weeks.

*ADJOURNMENT*

The senate Leader moved that other items on the order paper be stood down to another another Legislative day.

Senate Leader Ahmed Lawan moved for the adjournment of Plenary to the next Legislative day. Minority Leader seconded.

Plenary is adjourned to Tuesday 25th April, 2017.

#GavelBangs.

Personality Profile – Prof. Olukonyinsola Ajayi (SAN)

Personality Profile – Prof. Olukonyinsola Ajayi (SAN)

Prof.
Konyinsola Ajayi SAN
attended the Igbobi College between 1971 and 1975. Though a quiet
student, he nevertheless enjoyed a very robust social life. His mien deceived
many of his classmates who did not realize that all he had to do was glance at
his books once and he would head the whole class in the examinations.

Prof.
Konyinsola Ajayi SAN
carried this natural brilliance on to his studies at the University
level and obtained his first degree (with honours) from the University of Ife
(now called Obafemi Awolowo University); not only did he obtain several
Distinctions in his studies but was also named a Federal Government Scholar for
the entire period of his programme. He was called to the Nigerian Bar in 1980.  He obtained an LL.M. from
Harvard University in 1982, and a Ph.D. in
International Markets from
Cambridge
University
in 1991.
Prof. Konyinsola
Ajayi SAN
, who
was admitted to the Middle Temple of the English Bar in 1989, was elevated to
the rank of Senior Advocate of Nigeria in 2000. He is a member of various
domestic and international associations such as the International Bar Association,
the English and the Nigerian Bar Association.
He was
once the Vice President of the Worldwide Alumni Association of the Harvard Law
School. He is an Associate fellow of the Institute of Advanced Legal Studies,
England and also a Director of the Nigerian Economic Summit Group. He has authored
and co-authored over 130 legal writings under the heads of Energy and Natural
Resources Law, Banking Law, Corporate and Commercial Law, Project Finance and
International Capital Markets.
Prof.
Konyinsola Ajayi, SAN
is the Managing Partner of one of leading law firms in Africa, Olaniwun Ajayi LP, situated in the prestigious Banana
Island, Ikoyi, Lagos, Nigeria, a position he has held for over a decade
. His legal expertise spans the
disparate yet connected fields of litigation and transactional work and has
over 35 years’ experience in has over thirty-five (35) years legal expertise in
the areas of
Banking and Finance, Mergers
& Acquisitions
, Private
Equity & Venture Capital
, Project Finance, International
Business Transactions
, Capital
Markets
, Financial
Services Regulation
, Energy and Natural
Resources
, Infrastructure, Telecommunications, Construction and Engineering, Oil &
Gas Law
, Privatisation, as well as Litigation and Arbitration.  He played a key role in the Nigerian banking
sector reforms and the recent power sector privatisation. He represents a wide
range of clients in domestic and cross-border commercial disputes. He recently led
the team that advised on the largest single financial transaction in Nigerian
financial history.

As a
prolific speaker and expert in his field,
Prof.
Konyinsola Ajayi SAN
is frequently sought after by law firms, multi-national organizations
and various associations to share his wealth of knowledge and expertise at
seminars and conferences. He has published numerous articles and books,
including Financial and Legal Implications of the Nigerian capital market and
Legal Aspects of Finance in Emerging Markets (Volumes I and II). He is also a
Professor of Law at the Babcock University, Ilisan-Remo, Ogun State, Nigeria.
Prof.
Konyinsola Ajayi SAN
has been described by Chambers Global as “a legend in the industry.” He is recognized as one of the leading Banking
& Finance, Corporate & Commercial Law, Commercial Litigation, Project
Finance and Capital Market lawyers as well as Energy & Natural Resources in
the world by Chambers & Partners,
Who’s Who
Legal
and
International Financial Law Review respectively. He has equally been described
by Chambers and Partners as “…unarguably
one of the best in Nigeria
.”