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
.”

The Nigerian National Anthem

The Nigerian National Anthem


The
National Anthem

Arise, O compatriots, Nigeria’s call obey
To serve our fatherland
With love and strength and faith
The labor of our heroes past
Shall never be in vain
To serve with heart and might
One nation bound in freedom, peace, and unity.


Oh God of creation, direct our noble cause
Guide our leaders right
Help our youth and truth to know
In love and honesty to grow
And living just and true
Great lofty heights attain
To build a nation where peace and justice shall reign.

The
National Pledge

I pledge to Nigeria, my country
To be faithful, loyal, and honest
To serve Nigeria with all my strength
To defend her unity
And uphold her honor and glory
So help me God.


Bill for an Act to repeal the Nigerian Postal Service Act by Senator Gbenga Ashafa

Bill for an Act to repeal the Nigerian Postal Service Act by Senator Gbenga Ashafa

The Senator representing Lagos East
Senatorial District, today 5th April, 2016 at the Upper chamber
of the National Assembly led the debate on a Bill for an Act to repeal the
Nigerian Postal Service Act and to enact the Nigerian Postal Commission and
other related matters 2017, which he sponsored.

He stated that the Bill when passed into
law will establish the Nigerian Postal Commission whose sole purpose will be
the regulation and supervision of the postal sector, facilitate investments in
and entry into the Nigerian Market, introduce private sector participation in
the provision of postal services, promote and protect the interest of consumers
against unfair practices amongst so many other things.
Ashafa reminded his colleagues that the
legislation currently guiding the affairs of NIPOST, the Nigerian Postal
Service Act was promulgated over 20 years ago in 1992. He pointed out that “You
may all agree that the current trends in globalisation, digital advancement in
all facets of life has been on the fast lane. Thus, the need to keep up with
the changing technological trend for the benefit of the nation.”
The Bill will ensure that the Nigeria
Postal Service Commission has a proper and robust Legislative Framework in
order to open the Commission up to providing bespoke services in line with
international best practice.
While underscoring the importance of the
Bill, several distinguished senators lent their voice in support of its
passage. On his part, Senator Mallam Ali Wakili recalled that he had moved a
motion seeking for the reform of the Nigerian Postal Service sometime in 2016.
He stated that considering the vast assets base and the economic opportunities
that abound in the Sector, the time had come for legislative reform. Senators
Albert Bassey and Stella Oduah also supported the Bill stating that the time
had come to re-position NIPOST to meet contemporary international best
practices. While Senator Dino Melaye commended the intellectual sagacity” of
the sponsor of the Bill, noting that the Bill came at the right time when there
seems to be a fresh burst of reforms going on at the Nigerian Postal Service by
its new management.
The Bill ultimately passed through the
second reading and was referred to the Senate Committee on Communications for
further deliberations.

Photo – Senator Ashafa On The Floor Of The Senate
The Foreign Corrupt Practices Act (FCPA) & UK Bribery Act (UKBA) Takeaways for Companies doing business in Nigeria

The Foreign Corrupt Practices Act (FCPA) & UK Bribery Act (UKBA) Takeaways for Companies doing business in Nigeria


Background
For investors looking to
do business and companies doing business in Nigeria, there are myriad
considerations. Navigating the business landscape without falling foul of the
provisions of the UK Bribery Act 2010 (UKBA) and the US Foreign Corrupt
Practices Act 1977 (FCPA) should be a key consideration. These laws did not
come into force recently, but their application to Nigeria has never been more
relevant than now. The present leadership got elected on the promise of rooting
out corruption and has pursued its anti-corruption stance with more vigour than
any other democratically elected government. On the other hand, the leadership
has taken measures to encourage both foreign and domestic investors to do
business in the country.


This analysis seeks to
highlight the offences under the laws and how they can be avoided.

Scope of the Laws
The UK Bribery Act 2010
The Bribery Act was
enacted on 8th April 2010 but came into force on 1st June 2011. Its provisions
are on offences relating to bribery and for connected purposes.

  • The Scope of the Bribery Act
The Bribery Act creates 3
offences:
1.    
Bribing Another Person:
This includes promises and requests for financial or other advantages for the
improper performance of a relevant activity. Activities to which bribery in
this context relates must meet two conditions. First, the act must fall into one
of the following categories.
2.    
a public nature,
3.    
connected with a business,
4.    
performed in the course of a person’s
employment or
5.    
any activity performed by or on behalf of a
body of persons (whether corporate or unincorporated).

Furthermore, there must be
an expectation of good faith and impartiality in the performance of the
activity. Also, performance of the activity must put the performer in a
position of trust. Any activity that falls into the categories stated above and
meets one of the fiduciary conditions in the second test, is a relevant
activity under the Act.  

1.    
Bribing of Foreign Public
Officials/Agents of Public International Organisations
:
This applies to persons who, with intention to gain advantage, retain or obtain
business, offer or give any financial or related advantages to a foreign public
official (in his capacity as a public official) where the foreign public
official was neither permitted nor required by written law to be so influenced.
It does not matter whether the bribery act was done directly or to/through a
third party.
2.    
Failure of Commercial Organisations to
Prevent Bribery
: This offence is exclusive to commercial
organisations (companies and partnerships). It arises where a commercial
organisation fails to prevent an associated person (persons who perform
services for or on behalf of the commercial organisation) from bribing another
person with the intention of obtaining business, or an advantage in the conduct
of business, for that commercial organisation. Associated persons as used
here include employees, agents, subsidiaries, and partners.

To the extent that this
offence does not require proof of intention by the commercial organisation,
this is an absolute liability offence. The only defence under the Act is when a
commercial organisation proves that it had in place adequate procedures to
prevent associated persons from undertaking the relevant corrupt acts.

The Bribery Act applies
to:
–         British
citizens, bodies incorporated in the United Kingdom, corporate organisations
with a business presence in the UK (whether incorporated in the UK or not).
Once a connection is made with the UK by a business, the Act can take effect.
Therefore, the act has a broad extra-territorial application as it covers
offences in the UK as well as overseas. 

The Foreign Corrupt
Practices Act 1977
The FCPA was enacted to
check the prevalent practice of making illegal payments and bribing foreign
public officials by American companies in the seventies. Since then, numerous
convictions have been obtained under the Act.

Scope of the
FCPA 
Basically, the FCPA makes
it unlawful for persons to make payments or offer gifts or carry out any act in
furtherance of such payments/gifts, directly or indirectly to a foreign
official for the purpose of influencing the decision of such official.

The FCPA applies to:
–         United
States (U.S.) persons (individuals and corporate bodies) :
–         foreign
non-residents in the US (who carry out acts in furtherance of a corrupt
payment)
–         Officers,
Directors, Employees, Agents, and Stockholders of any of the categories above.

Defences under the
FCPA
–         Facilitation
Payments
o  By virtue of
Section 78dd-1 (b) the Act provides for an exception to the general rule by
stating that any facilitating or expediting payment to a foreign official,
political party, or party official, the purpose of which is to expedite or to
secure the performance of aroutine governmental action by a foreign
official, political party, or party official will not constitute an offence
under the Act.

–         Lawful
Payments
o  By virtue of
Section 78dd-1 (c) It shall be an affirmative defence to actions under the Act
to prove that the payment, gift, offer, or promise of anything of value that
was made, was lawful under the written laws and regulations of the foreign
official’s, political party official’s, or candidate’s country. Payments that
are lawful under a local country’s laws may also serve as a defence under the
UKBA.

–         Bona
fide Expenditure
o  They were
reasonable and bona fide expenditure, such as travel and lodging expenses,
incurred by or on behalf of a foreign official, party, party official, or
candidate and were directly related to the promotion, demonstration, or
explanation of products or services; or the execution or performance of a
contract with a foreign government or agency thereof.
These persons as stated
above are-

–         The
definition in section 8(1) especially in relation to for or on behalf
of the relevant commercial organisation.
Note that while the UKBA
prohibits bribes to foreign officials just like the FCPA it goes further by extending
same to bribe perpetrated in a private commercial setting.

What Companies in
Nigeria need to Know !
In view of the above,
foreign companies and investors looking to do business or carrying out projects
in Nigeria either directly or through subsidiaries must balance their
activities relative to these laws. An issue which may arise is the
status of facilitation payments in Nigeria
. Clearly, the definition of
facilitation payments under the FCPA covers a common practice in Nigeria.
Nonetheless, the line between an intended facilitation payment and a bribe can
be thinner than a strand of thread.

For instance, the Code of
Conduct for Public Officers[2] provides
that a public officer shall not put himself in a position where his personal
interest conflicts with his duties and responsibilities. [3]Public officers are also prohibited
from asking for or accepting property or benefits of any kind on account of
anything done in discharge of duties.[4]
Avoiding this pitfall (and
others) arising from these laws requires Companies and investors to be
proactive in their business operations. Thus, the following action points
should be considered or implemented for such investors/Companies operating in
the Nigerian environment.
Action Points for
Companies
–         Utilization
of local agents/suppliers with experience and established relationships with
the government agencies.
–         Compliance
training for key personnel of the Companies.
–         Compliance
checklist to avoid violations must be put in place.
–         Effective
control measures should be put in place over associated persons and agents. For
example, this could include agreements with agents where they undertake to
avoid any act that would fall foul of the relevant laws (FCPA/UKBA). Also, the
scope/authority of agents must be clarified before the start of the
relationship.
–         In-depth
due diligence on potential investments and acquisitions. This is relevant to
protect the investor from losses arising from the prosecution of the subject of
investment for prior acts.
–         Enunciation
of anti-corruption policies in businesses. Such policies should disallow
facilitation payments (in view of the non-recognition of these types of
payments under the UKBA). Receipts must be obtained for payments made to the
government agencies.
The content of this
article is intended to provide a general guide to the subject matter.
Specialist advice should be sought about your specific circumstances.
Should you have any
questions relating to this article – please do not hesitate to reach Dayo or
Bukky :

Dayo Adu
Bukky Akinsulere is of
Famsville Solicitors
[1] For example, the recent 60-day National plan aimed
at improving the ease of doing business in the country.
[2] See the Part 1, Fifth Schedule of the 1999
Constitution of Nigeria
[3] Section 1, Part 1, Fifth Schedule of the 1999
Constitution of Nigeria
[4] Section 6, Part 1, Fifth Schedule of the 1999
Constitution of Nigeria


 Ed’s Note – This article was first published here
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Eight Beatitudes for Lawyers: Lessons from Lincoln | Joseph Onele

Eight Beatitudes for Lawyers: Lessons from Lincoln | Joseph Onele


The First Beatitude
Blessed are they who thirst after knowledge
(both law-related and non-law related) like the future depends on it; for they
shall have a fountain of ‘flowing knowledge,’ achieve mastery in no mean time
and become envies of colleagues and delight of clients.

The above Beatitude was inspired by a letter written by Lincoln on 25 September 1860 to a certain J.M
Brockman Esq
. which reads thus:
Dear Sir,
Yours of the 24th, asking “the
best mode of obtaining a thorough knowledge of the law” is received. The
only mode is very simple, though laborious, and tedious. It is only to the
books, and read, and study them carefully.
 Begin with Blacksone’s
Commentaries, and after Pleadings, Greenleaf’s Evidence & Story’s Equity… Work,
work, work, is the main thing
.
Yours very truly
A. Lincoln
The Second Beatitude
Blessed are those who find great delight in
finding the ratio decidendi of judgements on their own –
who neither get carried away with the catchwords and/or case summaries by law
reports nor rely heavily on secondary sources without ‘first drinking deeply’
from the primary sources but go the extra mile in understanding the primary
sources, ratio decidendi in judgements and do not use
precedents slavishly; for they shall achieve inimitable mastery of the law.
The Third Beatitude
Blessed are those who do not despise their
days of little beginning but keep investing in themselves through continuous
legal education; for they shall reap a bountiful harvest when the time is ripe.
This third Beatitude was inspired by two
letters written by Lincoln. First was written on 3 August 1858 and addressed to a certain William H.
Grigsby
 who applied for a job to his office. The letter Lincoln wrote
is still very instructive as it captures what most lawyers should focus on in
the formative years of their career in the legal profession. The letter reads:
My dear Sir:
Yours of the 14th of July, desiring
a situaiton in my law office, was received several days ago. My partner, Mr
Herndon, controls our office in this respect, and I have known of his declining
at least a dozen applications like yours within the last three months.
If you wish to be a lawyer, attach
no consequence to the place you are in, or to theperson you
are with; but get books, sit down anywhere, and go to reading for
yourself.
 That will make a lawyer of you quicker than any other
way.
Yours respectfully,
A. Lincoln
The above Beatitude was also inspired by
another letter written by Lincoln to James T. Thornton on 2 December 1858.
Thornton had earlier written to Lincoln for mentorship on behalf of a certain
law student. John W. Widmer. Lincoln wrote:
Dear Sir,
Yours of the 29th, written in be of
Mr. John W. Widmer, is received. I am absent altogether too much to be a
suitable instructor for a law student. When a man has reached the age that Mr.
Widner has, and has already been doing for himself, my judgment is,
that he reads the books for himself without an instructor
That is
precisely the way I came to the law
. Let Mr.Widner read Blackstone’s
Commentaries, Chitty’s Pleadings…Greenleaf’s Evidence, Story’s Equity… get
a license, and go to the practice, and still keep reading
. That is my
judgment of the cheapest, and best way for Mr. Widner to make a lawyer of
himself.
Yours truly
A. Lincoln

The Fourth Beatitude
Blessed are those whose conscience is as true to duty as the needle to the pole – ones
who will stand for the right though the heavens fall
 – ones who will
stop at nothing in achieving their goals; for they shall have integrity and
good name unsoiled but will stand before
kings and not mean men
.

The Fifth Beatitude
Blessed are they whose first professional duty as ministers in the hallowed temple of
justice
 is not sacrificed in a foolish and sheepish commitment to the
clients’ demands – who do not truncate the course of justice for their own or
clients’ selfish ends but allow justice to take its natural course, having done
all that is professionally expected of them; for they shall not be ‘witch-hunted’ by the Economic Financial Crimes Commission and
made to face ‘brutal sanctions’ from the Legal Practitioners
Disciplinary Committee
 as the fear of both is the beginning of
professional sanity.

The Sixth Beatitude
Blessed are those who do not sacrifice
family, healthy living cum healthy relationships and good networking
opportunities on the altar of ‘crazy deadlines’ and ‘never-ending-work’ but are able to maintain a good work-life
balance
; for their joy shall be full and shall live to the fullness of
their potentials while enjoying the fruits of their labour.

The Seventh Beatitude
Blessed are those who never see anything as
impossible but look at the word ‘impossible’ as I’M POSSIBLE – who keep pushing
the limits, exceeding all expectations and delivering great results to clients,
colleagues and ‘constituted authorities’ alike and non-alike; for they shall
reap their rewards in no mean time.
The seventh beatitude was inspired by
Lincoln’s letter to Ishaam Reavis.
The letter dated 5 November 1855 reads thus:
My dear Sir:
… If you are resolutely
determined to make a lawyer of yourself, the thing is more than half done
already. It is but a small matter whether you read with any body or not. I did
not read with any one. Get the books, and read and study them till, you
understand them in their principal features; and that is the main thing
. It
is of no consequence to be in a large town when you are reading… The
books, and your capacity for understanding them, are the same in all places
Always bear in mind that your own
resolution to succeed, is more important than any other thing.
Very truly Your friend
A. Lincoln

The Eighth Beatitude
Blessed are those who do not mix work with
pleasure – who bill when they have to and follow through to ensure that clients
pay timeously for work done while skillfully sustaining healthy relationships with
clients; for they shall know more peace, have their ‘bank accounts smiling to
the banks’ and know no taste of being denied payments for work done.

NoteThis
publication represents only the personal views of the author and is provided to
highlight issues as well as for general information purposes only; it does not
constitute legal advice. Whilst reasonable steps were taken to ensure the
accuracy of information contained in this publication, the author does not
accept any responsibility for any loss or damage that may arise from reliance
on information contained in this publication.
Legal
Practitioner/Consultant/Scholar/Writer

 Photo – Joseph Onele 
Life of a Lagos Lawyer – Treason (Episode 9)

Life of a Lagos Lawyer – Treason (Episode 9)

“Are
you paying attention? Good. If you are not listening carefully, you will miss
things. Important things. I will not pause, I will not repeat myself, and you
will not interrupt me. You think that because you’re sitting where you are, and
I am sitting where I am, that you are in control of what is about to happen.
You’re mistaken. I am in control, because I know things that you do not know. [pause] What
I will need from you now is a commitment. You will listen closely, and you will
not judge me until I am finished. If you cannot commit to this, then please
leave the room. But if you choose to stay, remember you chose to be here. What
happens from this moment forward is not my responsibility. It’s yours. Pay
attention.”


Those
were my client’s first words when I asked if he was guilty. Mr. Paul was on
trial for treason and was facing the death penalty since Section 37 of the
Criminal Code had not changed since it became law in 1990. In other circles, my
client may have been described as a freedom fighter or a visionary of some sort
but in within the walls of this prison, bound by chains and under 24 hour
watch, he was a criminal.

It
all started about 10 years ago, Mr. Paul had been recruited from the United
States to sit as a Director over the country’s largest diamond corporation. Mr.
Paul had six Degrees,  Masters from
Oxford and Yale, a Ph.D from Harvard and a IQ of over 160. Dissatisfied with
the rot and level of corruption in the system, Mr. Paul had set up a whistle
blowing website from which he and his special team of hackers had published
damning information about corruption at the highest level of government.

The
Secret Service and the Police had been hacked by Mr. Paul’s associates and
hundreds of documents containing state secrets had been shared with the world.
The resulting inferno of reactions could never have been fathomed. Diplomatic
relationships were ripped to shreds and there had been riots in several states
across the country. People in authority were calling for Mr. Paul’s head on a
pike. A fact I didn’t think bothered him at all.
The
search and arrest of Mr. Paul could be described as a picture from the search
for Pablo Escobar. It had taken the military months of combing every part of
the east-midland forest for his operational base after he had been forced to
flee when the police declared him wanted. He had evaded arrest on several occasions
by only a whisker and had to keep moving deeper into the jungle thus taunting
the military to catch him if they could. Which is why I am most bothered because
Mr. Paul was never caught but rather he had surrendered himself at the Police
HQ barely 72 hours ago.

Mr.
Paul’s arraignment earlier in the day had also been eventful. The court
premises was full and the court room was crowded to full capacity. He had to be
smuggled in through the underground parking lot and It had taken the threat of
contempt from the judge to keep the crowd quiet when he was ushered into the
court from a back door. His charge had read –

“That
you Paul Ukubum (M) 45 years old, and unknown persons all of Corrupt Gate Headquarters,
Gizimoto Local Government Area of Indu State on diverse dates (between January
2004 and October 2017) at Owerri Imo State and other places within the jurisdiction
of the Federal High Court with intent to levy war, overawe and overthrow the
legitimate Government did conspire among yourselves to commit felony to wit:
treason against the President of the Federal Republic and you thereby committed
an offence contrary to section 37(2) of the Criminal Code Act Chapter 77, Laws
of the Federation of Nigeria 1990 and punishable under section 37 of the
Criminal Code Act.”

“How
do you plead”

“Not
guilty”

“May
I make a statement, Your Lordship”

“Go
On”

“I
will like to replace my counsel on record”

“Why”

“He
is a government appointed counsel and it is my constitutional right to have a
counsel of my choice”

“Ok,
who will be your new counsel”

“I
am scheduling an appointment with him later today”

“Will
he take your case on short notice, you have to be back in court day after
tomorrow”

“He
will”.

The
call had come 3 hours later, Mr. Paul had requested I visit him in detention
and had deposited N75,000,000 in the
firm account two and a half hours earlier. What was he planning? Why did he personally
request I be his lawyer? and what the hell was really going on here? A voice
told me to walk away but my feet would not budge, somehow Mr. Paul had succeeded
in snaring me into his plot and I felt foolish not knowing what to expect from
the genius sitting across the table. One thing was for sure, I was not going
anywhere.

Join us next time for
another episode of “Life of a Lagos Lawyer”. An exclusive Legalnaija series.

PLESE
NOTE: This is a work of fiction. Names, characters, places and incidents either
are products of the author’s imagination or are used fictitiously. Any
resemblance to actual events or locales or persons, living or dead, is entirely
coincidental.

Quote
– 1st Paragraph, The Imitation Game

              Film directed by Morten Tyldum
and written by Graham Moore