Have you ever experienced the scenario described above? 

What did you do? 

After working so hard to deliver to a client and the client cancels the order for your goods or services at the last minute, how are you compensated for the time, effort and resources already expended on the order? . 

You can achieve this by simply informing your client before hand of your cancellation fee. A cancellation fee is a sum of money you must pay if you cancel an order after the cancellation deadline. .

You can introduce a cancellation fee into your agreements as it will go a long way in compensating you if your client changes their mind. 

@AOC.Legal/Instagram 

TECHNOLOGY STARTUPS AND DATA PROTECTION: AN EXAMINATION OF THE REGULATORY AND LEGAL FRAMEWORK OF DATA PRIVACY IN NIGERIA

Over the last two decades the world has witnessed tremendous advancement in technology. Technology continues to influence our daily activities. The improvement in that sector has also led to the increase in the establishment of technology startups that eventually scale to larger businesses. From commute to communication we resort to a device or service to make our lives easier.

What then is a technology startup? Techopedia defines startup as “a company in the early stages of business development.”  Therefore by extension, a technology startup is a startup whose main focus is on innovation and providing technology-based products or services. Startups are designed with the aim of solving a particular problem or servicing a particular need. 

The prevalent use of technology also led to an increase in the amount of data being shared. Personal details such as our names, email addresses, telephone numbers, credit/debit card details, etc. are processed and stored in servers. Oftentimes technology startups require such data to offer better services to their customers. This gives rise to issues such as the appropriate use of data and its protection from unauthorized third-party interference. 

The recent Facebook – Cambridge Analytica scandal, which involved the harvesting of data of millions of Facebook users without their prior consent by Cambridge Analytica, has brought about an increased concern for how one’s personal data is used. In the same vein, data and identity theft have given users of technology reason to be concerned with the protection of their data. Concerns for privacy of information can lead to users resorting to “self-censorship” as a means of protecting themselves. 

The above give rise to the question of what data privacy regulations technology startups in Nigeria are required to comply with while carrying out their drive for innovation.

In spite of the widespread adoption of technology in the country, the data privacy regime in Nigeria is still evolving and thus far has been unable to match the dynamic nature of the technology industry. 

Unfortunately, there is no specific data protection legislation as is obtainable in other jurisdictions such as the United Kingdom that has the Data Protection Act 2018. 

The protection of data in Nigeria begins with Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which provides for the right to privacy. It states as follows:

“The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.”

Section 37 of the Constitution appears to provide a broad protection of privacy in Nigeria, however given the currently level of improvement in technology, it can be argued that this provision would not be sufficient. Improper handling of personal data exposes the individuals concerned to immense harm. For example, in April 2018 Facebook disclosed that over 271,000 Nigerians were exposed to the Cambridge Analytica data breach.  However, given the lack of data protection legislation in Nigeria it would be a difficult task for authorities in Nigeria to demand an explanation for these breaches. 

Therefore there is need for there to be legislation that specifically protects data privacy in Nigeria. The presence of data protection legislation can go a long way in protecting the fundamental right to privacy that Section 37 of the Constitution provides. 

NITDA Guidelines

The National Information Technology Development Agency (NITDA) is an institution that was established by the National Information Technology Development Agency Act 2007 (NITDA Act). NITDA is an agency that responsible for the development and regulation of information technology in Nigeria. One of the means through which the agency does this is by developing guidelines as demonstrated by Section 6(b)-(e) of the NITDA Act 2007. It states:

“6. The Agency shall:

…

(b) Provide guidelines to facilitate the establishment and maintenance of appropriate (sic) for information technology and systems application and development in Nigeria for public and private sectors, urban-rural development, the economy and the government.

(c) Develop guidelines for electronic governance and monitor the use of electronic data interchange and other forms of electronic communication transactions as an alternative to paper-based methods in government, commerce, education, the private and public sectors, labour, and other fields, where the use of electronic communication may improve the exchange of data and information.

(d) Develop guidelines for the networking of public and private sector establishment.

(e) Develop guidelines for the standardization and certification of Information Technology Escrow Source Code and Object Code Domiciliation, Application and Delivery Systems in Nigeria.”

In line with its functions, NITDA developed the National Information Technology Development Agency Guidelines on Data Protection (NITDA Guidelines). Although these guidelines are currently being revised, they give a good idea about what technology startups embarking on business in Nigeria should consider when handling personal data. These guidelines apply to all persons who are based in Nigeria and also to persons who are based outside Nigeria if they are involved in the processing of personal data of Nigerians and persons resident in Nigeria.

A data controller can be defined as any person or body that decides the purposes and means of processing personal data. This function can be done alone or jointly with others. Therefore in relation to personal data, a technology startup oftentimes positions itself as a data controller. 

Under the NITDA Guidelines, data controllers have the duty to inform persons about the reasons why their data is being collected and the purpose for collecting personal information must be lawful and reasonable. The notice containing the purpose for the collection of data should be clear. 

Usually the purpose for which the data is being collected is stated in a privacy policy published by the data controller. The privacy policy provides detailed information such as the type of personal information to be collected, how such information will be used, and confidentiality rights. The consent of the person in question must first be obtained before the data controller can collect any information on them. The privacy policy also makes provision for what constitutes consent. 

However, data controllers should not be at liberty to collect all information on a person. By virtue of the guidelines, a data controller shall collect only the data that is needed. Thus a technology startup should collect only the information that would enable them to provide functional products and services to consumers.

In the event that data has to be sent outside Nigeria, the following criteria need to be satisfied:

1. There should be data protection guidelines or legislations in the country that is receiving the data.

2. The transfer of data should form part of a contract that contains terms as to data protection between the data controller and the receiving party.

3. The consent of the owner of the data must have been sought and obtained.

The GDPR and Its Significance for Nigerian Technology Startups

Earlier in the year the General Data Protection Regulation (GDPR) came into effect to protect European Union citizens (EU Citizens) from breaches to data privacy. The GDPR applies to data controllers who process data of those residing within the European Union, irrespective of whether these data controllers are within the European Union or not. By virtue of this increased territorial applicability, Nigerian technology startups that intend to handle the data of EU citizens must take note of this important regulation and ensure that they comply with its provisions.

Conclusion

The aim of this article was to highlight data privacy regulations Nigerian technology startups should consider before embarking on business activities. Technology presents itself as a promising means through which business and development can be fostered. In the 21st century, data has become an important commodity that must be protected given the increased security concerns that accompany the sharing of such data. On account of this, efforts must be made to develop proper data protection legislation in Nigeria and ensure a stricter enforcement of the NITDA Guidelines. The technology industry is a dynamic one and as such the law has to be ready to match up with its dynamic nature to facilitate efforts at maintaining freedom and protection for Nigerians and residents in Nigeria.

References
1. “What is a Startup?” – Techopedia Accessed on December 7, 2018.


2.  Beck, Julie “People Are Changing the Way They Use Social Media” < http://www.theatlantic.com/amp/article/562154/ > Accessed on December 7, 2018


3. Anuforo, Chinenye “Over 271,000 Nigerians affected by Facebook data breach” < https://sunnewsonline.com/over-271000-nigerians-affected-by-facebook-data-breach/ > Accessed on December 12, 2018

4. Aderibigbe, Ngozi “Nigeria Has A Data Protection Regime” Accessed on December 4, 2018.

Judy-Vallery Imasuen is a legal officer at the Committee for the Defence of Human Rights who has an interest in Alternative Dispute Resolution, intellectual property law, corporate law and information technology.

Posted on LAWYERS IN NIGERIA (Facebook) on On 13/12/2018

I never supported the candidature of Paul Usoro, I was an unrepentant fan of the renowned, amiable and proficient Teacher; Prof. Ernest Ojukwu. That, however can not blind my sense of reasoning or lure me into dancing around the truth in the recent fiasco between the NBA president (Usoro) and the EFCC. 

That EFCC is on an errand to harass, intimidate, disgrace and cow the person of Paul Usoro and by implication the entire NBA, is beyond any dispute. Those whose mission EFCC is carrying, are not comfortable with the man’s readiness to always stand for what right, fair and just. 

The most unfortunate part of the story is that some lawyers are calling for his resignation as NBA president. This is not just callous but pitiful. This is a clear case of conviction even where no arraignment was done. For any lawyer called to the Nigerian bar to hold so, is to “create a monstrous situation whose manifestation can never be appreciated until fully illustrated” 

What happens if the President resigns and his guilt was later unproven? Will he be reinstated to the position after his acquittal? Will his resignation not be an admittance of the alleged offence he has told the whole world he is innocent of? Does he owe any duty in law to prove his innocence or its the duty of EFCC to prove his guilt? 

If we allow this, there may not be any NBA president that will complete his tenure as frivolous allegations and charges will now become a sword in the hands of all opposition to the sitting President! 

Are we saying the courts must investigate the source of funds of persons who pay fines as options for imprisonment? So lawyers should, after charging their clients, get clearance from EFCC that the funds are not proceeds of crime? Is there limit to which a lawyer can charge his professional fee? The answers to this mind-bugging questions may help me align myself with your position. 

I am not in anyway saying that Paul Usoro should not face his trial but must, while doing so, be allowed to enjoy the privileges donated by the 1999 constitution to a person standing criminal trial. Presumption of innocence,….! 

Very soon religious organisations will be asked to investigate the sources of funds their members bring as offering, tithes or donations. 

We must not allow this dangerous precedent to be set, otherwise, we all will suffer it. 

My opinion, please! 

D.M. Eyyazo Esq. ACIArb (UK)

Controversies and speculations have continued to trail the graft allegation charge against the President of the Nigerian Bar Association (NBA), Paul Usoro, by the Economic and Financial Crimes Commission (EFCC), making it arguably one of the most sensational news of the day. 

The NBA President was arraigned for the said offence on the 10th of December, 2018 before Hon, Justice S.M. Hassan of the Federal High Court, Lagos. But the case was adjoined till the 18th of December, 2018, on account of the fact that the Defendant had not been served with the Charge Sheet as at the time of his appearance in court.

However, in wake of the uproar that the news of the EFCC investigation of Mr. Usoro generated since it first made the headlines, a keen debate has been stirred. Many stakeholders in the legal profession are already taking position on the matter, with not a few condemning the apparent subjective modus operandi of the EFCC.

According to one of the senior lawyers present at the court scene who spoke on condition of anonymity, it is wrong to “accuse a man of money laundering, when the monies in question has documented evidence of their origin and purpose for which they were remitted. In money laundering, money goes round in a circle and has no apparent source or purpose and cannot be linked to a service rendered. 

“In this case,” he submitted, “Paul Usoro has clearly spelt out where the said monies came from. He has also showed the EFCC necessary documents but they (EFCC) are hell-bent on pursuing an investigation. Why didn’t they (the EFCC) go and ask who paid him the money why they paid him that amount? There appears to be a vindictive undertone here, if you ask me.” 

But then, some would wonder why a respectable organization like the Economic and Financial Crimes Commission would want to toe the unscrupulous line of indignity in the discharge of their constitutional assignments.

The answer is in politics. First, it would be recalled that Paul Usoro became the subject of EFCC investigation following his emergence as the President of the Nigerian Bar Association. This has led watchers to conclude that the whole money laundering allegation was orchestrated by political bigwigs within the NBA to tarnish Mr. Usoro’s good reputation.

The Nigerian Bar Association is one of the most influential professional associations in the country, with membership strength of well over a hundred thousand registered lawyers. On record, over two thousand lawyers are graduated from the nation’s law school annually. The functions and activities of the NBA certainly have a far-reaching impact on the polity in general, and can shape the narrative of governance. 

Thus, being the President of a body like the NBA is big deal. So expectedly, there is dirty politics going on underground; a bitter opposition by those who covet Paul Usoro’s lofty position and would go to any length to bring him down. 

Moreover, another school of thought is of the opinion that the issue is not merely the fallout of the power tussle within the NBA, but the result of the politics of the larger society. Of acute significance therefore, are the State in question and its governor, Udom Emmanuel. 

Akwa Ibom State is presently one of the opposition Peoples Democratic Party’s strongholds, and 2019 general election is just around the corner. The leader of the opposition in Akwa Ibom, mind you, is Godswill Akpabio, the immediate former governor of the State under whose wings the present governor flew to power. Now, both political heavy weights have fallen apart, setting the stage for a royal rumble. In politics, you fight dirty and you fight hard with every single weapon in your arsenal.

In light of the foregoing, it may seem obvious that the prime target of the investigation is not Paul Usoro; he only happened to be at the wrong place, at the wrong time. Collateral damage, so to speak. The grand objective appears to be to ruffle the political structure of the opposition in the State, thereby diminishing Gov. Udom Emmanuel’s chances of being returned in 2019. 

Then again, all these may just be mere conjectures. In a recent statement intended to assuage public opinion, Ag. Chairman of the EFCC, Ibrahim Magu, has urged Nigerians not to listen to insinuations that the anti-corruption fight is a witch-hunt. In Magu’s words: “You cannot be invited to the EFCC if you don’t have an offence committed somewhere. Anybody you see in the EFCC has committed an offence.”

But consider Magu’s words closely, because it speaks volume. It would appear that the EFCC already has a position on the matter. In their book, you’re already guilty. Paul Usoro is already guilty, even before the trial commenced in court! With positions like that, it becomes an almost impossible endeavor for anyone to get fair treatment when he has a case with the EFCC.

Expectedly, there are dissenting opinions on the matter. A number of legal practitioners are opting to take things with a pinch of salt, and would rather play safe by inferring that the case against the NBA President does not amount to an attack on the legal profession.

The position of the NBA, however, is unequivocal. In a communiqué released a few days before the first hearing on the 10th of December, reiterated that the Economic and Financial Commission lacks the power to meddle into client-lawyer contractual relationship.

The statement noted that the fees to lawyers by their clients is “not only a matter of privilege but also contractual,” adding that: “Usoro’s case is not the first of these intrusions; we all recall the case of Mike Ozekhome, (SAN) when the EFCC attempted to forfeit his fees on the pretext that the funds came from illegal sources…If these EFCC incursions are not checked, the Bar and the practice of our profession are .”

Furthermore, the NBA pointed out that the practice of law is founded on the independence of the legal practitioner, but that such independence is now “being threatened and trampled upon by the EFCC”.

Indeed, by questioning lawyers on the legitimate fees that they have earned from clients, the EFCC is breaching the lawyer-client privilege and showing complete disregard for the judgments of the courts in this regard.

In view of the arguments back and forth, and the position of the anti-graft agency, one can only ponder the questions: Why go after Paul Usoro? After all, he performed a service for which he was paid. Certainly the one to have been summoned to answer questions right now should be the one who made or authorized the said payment, and not the other way round.

Mr. Paul Usoro offers his legal services to anyone who asks for representation. He has even represented the Federal Government of Nigeria previously. For crying out loud, everyone is entitled to legal representation and is deemed innocent until proven guilty. Even the infamous kidnap kingpin, Chukwudumeme Onwuamadike alias Evans, has (or had) legal representation. 

The case preferred against Paul Usoro may or may not be an attack on the judiciary, as postulated by a cross section of stakeholders. But it is definitely an attack on the integrity of an honest citizen who has worked hard to build an enviable reputation as a Senior Advocate in a system that mostly frustrates the dreams of her people. 

While Nigerians await the ultimate fallout of the ongoing EFCC V. Paul Usoro case, those at the centre of it all must bear in mind the huge significance of the case against the NBA President, for its eventual outcome can set the precedence for the practice of the legal profession in future.

For most young wigs, getting their legal career up to a good start after their post bar experience is a major bend that defines their trajectory. To help them navigate that crossroad, GreySage Consulting teamed up with dynamic attorney and digital media influencer, Akinyemi Ayinoluwa, for an exclusive mentoring workshop recently in Lagos.

The workshop which drew participants from Lagos, and neighbouring states, held on the 7th of December, 2018, at the Lagos Chambers of Commerce & Industry (LCCI) Conference and Exhibition Centre, Ikeja, Lagos.

Under an interactive atmosphere, the event was staged to create an avenue where share vital information on how young lawyers can master survival skills and create a professional life that effectively rewards them. The teachings were hinged on four pillars all pointing them towards desired career goals. 

Akinyemi who has contributed to Nigeria’s creative ecosystem drew on his experience as a Lawpreneur to highlight some of the pitfalls that has become major building blocks. The Lawpreneur demonstrated how he uses digital tools to push the boundaries within the legal ecosystem.  

Attendees were taught on how each individual can build a Community that supports law practice; what to do before starting a practice in Nigeria; how to cultivate a Personal Brand that supports your career and; how Nigerian lawyers can leverage content in a digital world.

After presentation on the topics, Akinyemi entertained a barrage of questions from the animated participants on the subjects examined. The workshop was lively and impassioned. The attendees also shared brilliant perspectives on what they learnt giving them an opportunity to also co-influence.

The workshop had about 30 lawyers in attendance. They left there with a mind shift, and renewed hope in finding a rewarding path with earned law degrees.

See some pictures from the event.

Question of the Week  

I
am Anwuli Okafor, a Biotechnologist and Lead Researcher at Science &
Wonders, a R & D center in Degema Local Government Area, Rivers State. We
conduct research on genetic variation, medicine, and plant science.

For over 3 years, my team and I have been involved in intensive research on a
special biological process for producing a plant we call Harmarain, a special
plant that adapts to both harmattan season and rainy season to boost food
production. We believe that Harmarain is a new invention and would like to
patent it. For this purpose, we consulted a patent agent. The patent agent
requested we share details of our Harmarain invention, including the drawing.
Our questions are: (1) In the process of our research, we developed new
principles and made new discoveries of plant biological processes we also wish
to patent in our name. Can we? (2) How do we share the details of our
invention, including drawings, without the risk of losing our invention to a
third party?

Answer

The answer to your first question is NO.
Principles and discoveries of a scientific nature, such as the biological
process on plant production, as you have discovered and developed, are not
patentable under Nigeria’s Patents and Designs Act. This is because they
are not inventions but merely principles and discoveries.

Regarding your second question on disclosing
the details of your invention, including drawings, you require a
confidentiality or non-disclosure agreement.

Though you didnt ask, your Harmarain
biological plant process may not be patentable in Nigeria.

 

Principles
and discoveries of a scientific nature are not patentable because they are not
inventions in the first place.

Section 1(5) of Nigeria’s Patents and Designs
Act states that principles and discoveries of a scientific nature are not
inventions for the purposes of the Act.

Though the Act requires that for an invention
to be patentable, it must be new, be a result of an inventive activity, and
capable of industrial application, the Act does not accept principles and
discoveries of a scientific nature to be inventions at all.

Did the drafters of the Act see these
principles and discoveries as some kind of magic or voodoo that should never be
granted patent? No. Patents are granted for application of knowledge to provide
industrial solutions (just as others create new problems!), not for knowledge
itself. Principles and discoveries are a body of knowledge, not inventions.

So a patent may not be granted for discovery
of the science of solar energy, for example, but patents have been granted for
inventive solar-powered panels.

 

To
prevent the disclosure of your invention including drawings, get the patent
agent to sign a confidentiality or non-disclosure agreement.

One irony about patent is disclosure. Before
you can get a grant of patent, you have to fully disclose your invention when
filing your application for patent. Section 3(1)(a)(ii) of the Patents and
Designs Act requires a description of the relevant invention with any
appropriate plans and drawings. For this purpose, you are required to disclose
the relevant invention in a manner sufficiently clear and complete for the
invention to be put into effect by a person skilled in the art or field of
knowledge to which the invention relates—section 3(2) of the Act. If the patent
agent gets this wrong, the patent may be invalidated in a court of law. So
disclose sufficiently.

Apart from when filing patent applications,
disclosing your invention before applying for patent is unavoidable in certain
situations. Business partners, potential inventors, or—in this case—patent
agents may require this. If you say NO, you may never be an inventor. Instead,
use a confidentiality or non-disclosure agreement. Use it before you disclose,
never after so you can be happy ever after.

Avoid simply downloading just any confidentiality
or non-disclosure agreement—or any legal document for that matter—online.
Simply downloading a template or a completed one from the Internet may be
dangerous. You may pay more for it eventually when things go wrong. And it may
be too late to fix it.

Always
have your confidentiality or non-disclosure agreement well-drafted and
well-reviewed by an IP attorney, tailored to your use.

 

Bad
News: Harmarain may not be patentable in Nigeria because the invention is in
respect of a biological process for plant production.

Sorry to break the news.

This is the position in section 1(4)(a) of
Nigeria’s Patents and Designs Act. It states that patents cannot validly be
granted or obtained in respect of plant or animal varieties, or essentially
biological processes for the production of plants or animals.

Except you are able to show in your
specification that Harmarain is a product of a microbiological process in your
plant production, it is not eligible for grant of patent in Nigeria.

For
a comprehensive legal advice and guidance, you may consult an IP lawyer or law
firm.

Best wishes

IP
ABC

Follow-up
questions, if any, are welcomed.

Source – www.infusionlawyers.com 

Instead of blaming prosecuting counsel for grossly violating their duties to  –

·       
be fair and just;

·       
be prosecutors and not persecutors;

·       
avoid trial publicity. Instead of placing the
blame on prosecuting counsel, some of our colleagues prefer to turn the blame
upside-down by erroneously blaming Mr. Paul Usoro for standing his ground in
Defence of Rule of Law, Due Process and Constitutionalism in Nigeria and by
refusing to be subjected to punishment before conviction and to trial on social
media instead of trial inside court of law. With due respect, some of our
colleagues are not being fair to Paul Usoro. I respectfully do not care if Paul
Usoro gets thrown into jail upon being (ie., IF he is) justly found guilty of
any offence. I do not care about that, because the wages of crime is punishment
according to law.

But I DO humbly INSIST that Paul Usoro
deserves to enjoy the benefits of his inalienable rights to:

·       
be presumed innocent unless his guilt is
established beyond reasonable doubt before a competent court of law;

·       
be not subjected to any form of infraction of
his constitutionally recognized rights and against undue curtailment of his
liberties unless and until his guilt is established before a competent court;

·       
be afforded the opportunity of being heard in
line with the twin pillars of natural justice part of which is expressed as
Audi Altarem Partem;

·       
be afforded adequate time, opportunity and
facilities to defend himself against charges he had told the world that he
personally sees as “politically-motivated;”

·       
enjoy the benefit of having all doubts
resolved in his favour as required by our adversarial criminal justice system;

·       
be not compelled to be the one to prove his
own innocence, against the dictates of the accusatorial criminal justice which
places a perpetual burden on the prosecution to establish guilt beyond
reasonable doubt;

·       
be not compelled to be subjected to any form
of inhuman and degrading treatment, against internationally acknowledged
standard practices and procedures. Learned Seniors and friends, graciously
permit me to go a little blunt about this matter.

If Paul Usoro
resigns before his conviction, then it means he is most unfit to lead Africa’s
most populous, courageous and revered bar.

·       
If Paul Usoro resigns before a proper
conviction, then Paul Usoro has exposed members of Africa’s largest bar to
future unrestrained and unrestricted and unrelenting persecution and unbridled
future harassment in the course of discharge of their professional
responsibilities as lawyers.

·       
If Paul Usoro resigns before a proper
conviction, then Paul Usoro would have admitted voluntarily he is guilty as
charged, after having declared to the world that he is innocent of all
allegations.

·       
I support all fight against corruption.

·       
I support that law-breakers be made to smell
the wrath of the law.

·       
But I insist that Rule of Law and Due Process
must be the anchors of our system of administration of criminal justice.

·       
On 16 January 2008, *Salman Rushdie* was
quoted by The Times of India to have said that freedom of expression and rule
of law are the two things that form the bedrock of any open society. A country
that lacks  or loses those two ceases to be a free country. Because as
*Michael Oakeshott* has declared,  rule of law bakes no bread, and is
unable to distribute loaves or fishes (it has none), and it cannot protect
itself against external assault, Yet rule of law remains the most civilized and
least burdensome conception of a state yet to be devised. Absence of rule of
law is equal to rule by whims and caprices of men in power. Aristotle was
right: the only stable state is the one in which all men are equal before the
law. And, at the foundation of civil liberties lies the principle that denies
to government officials an exceptional position before the law and which
subjects those in positions of power and authority to the same rules of conduct
that are commands to the citizen (per Justice Louis D. Brandeis).

I rest my case.  But I shall not
rest until Rule of law becomes the order of the day in a country that prides
itself as the giant of Africa.

 
Thank you and God Bless us.

Respectfully,
Sylvester Udomezue

UDEMS.

We support the Rule Of Law and the protection of human rights #law #legal #humanrights #humanrightsday #law #blawg #legalnaija

I am sorry, my respected Teacher, Prof, Learned Silk and personal OGA, with due respect, Sir, I  have not seen good reasons/support for the call for Paul Usoro to step aside or resign. My position is clear. Charge against Usoro is not charge against the NBA. And it is not NBA that would decide whether or not EFCC has powers to file charges against Mr Usoro. So, NBA should act wisely. 

However, while EFCC believes Mr Usoro has a case to answer, Mr Usoro alleges political with-hunt, saying there are unseen hands. The mere fact that the EFCC issued a statement to say there is a case for Mr Usoro to answer  somehow speaks volumes and lends some support to the call for Mr Usoro to NOT resign. EFCC shouldn’t try to establish its case on social media except there’s more to it. IIn the light of these conflicting  claims, the most reasonable thing is for Mr Usoro to NOT resign. Because, if he resigns and it later turns out to be a witch-hint (a sort of malicious prosecution), Paul Usoro would have been punished most unjustly. 

Let Paul Usoro stay in office, pendente lite. That does no one any harm. Neither the prosecution nor his “complainants” have anything to lose in having him in Office while his trial goes on unless there’re other objectives other than criminal prosecution. On the DUTIES OF THE STATE PROSECUTOR  IN CRIMINAL CASES,” with particulars reference to the duty to be “fair and just” and to not be a persecutor nor to secure conviction by all means, I suggest that EFCC should know from the onset that it is not a party to any Criminal matter it is prosecution. Its role is to ensure that justice is done Nothing more. The status of the state prosecutor in criminal proceedings is well captured by Mr Justice SUTHERLAND of the US Supreme Court  in the case of *Berger v. United States*, 295 U.S. 78, 88, 55 S.Ct. 629, 633, 79 L.Ed. 1314):

*”The … State Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the two-fold aim of which is that guilt shall not escape or innocence suffer.

He may prosecute with earnestness and vigor—indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one”*

Good news night, Sir. 

I remain loyal. 

Respectfully,

UDEMS.

Sylvester Udomezue