INVITATION TO THE BRITISH NIGERIA LAW FORUM CHRISTMAS PARTY

INVITATION TO THE BRITISH NIGERIA LAW FORUM CHRISTMAS PARTY

This is to notify the general public that the British Nigeria Law Forum (BNLF) Christmas Party will take place on 19th December, 2014 at 805 Restaurant (Annex) 817 Old Kent Road, London SE15 1NX.​

Tickets are on sale now at  Eventbrite:
http://bnlf-christmas-party-2014.eventbrite.co.uk
For details contact: 
Vivien Aghimien
BNLF Administrator
c/o Edward Wildman Palmer
Dashwood House
69 Old Broad Street
London EC2M 1QS
Fax: +44(0)2073537377
  Website: www.bnlf.org.uk
PLEASE NOTE THAT SPACES ARE LIMITED SO PLEASE BOOK YOUR PLACES AS SOON AS POSSIBLE.


 

COMMISSION ON STOCK MARKET TRANSACTIONS NOW EXEMPTED FROM VAT

COMMISSION ON STOCK MARKET TRANSACTIONS NOW EXEMPTED FROM VAT

credit – theeagleonline.com.ng
  Introduction
 The Value Added Tax Act (“VAT Act”) has been amended to exempt commissions on capital market transactions from VAT through the Value Added Tax (Exemption of Commissions on Stock Exchange Transactions) order 2014 (Order). The Order was published in a gazette dated 30 July 2014 and signed by the Coordinating Minister for the Economy and Honorable Minister of Finance. This is in line with the VAT Act which empowers the Minister to amend, vary or modify the VAT exemption list in the First Schedule to the VAT Act.

This further supports the government’s commitment to the development of the capital market since the issue of the Companies Income Tax (Exemption of Bonds and Short Term Government Securities) Order, 2011 and the Value Added Tax (Exemption of Proceeds of the Disposal of Government and Corporate Securities) Order, 2011.
The Exemption
The following commissions are exempted under the new order:
  • Commissions earned on traded value of the shares,
  • Commissions payable to the Securities and Exchange Commission (SEC),
  • Commissions payable to the Nigerian Stock Exchange (NSE); and
  • Commissions payable to the Central Securities Clearing System (CSCS)
credits – theeagleonline.com.ng
Commencement date and duration of the Exemption
The commencement date of the Order is 25 July 2014 and would be in force for five years from the date of commencement. This means that the exemption would expire on 24 July 2019 unless it is further extended by the Minister. Given that the Exemption Order was not made public on time, any VAT already paid on the exempt transactions should be claimable via adjustments in subsequent VAT returns.
Economic effect of the Exemption
VAT is an indirect tax and therefore it is borne by the final consumer. In relation to capital market transactions, any VAT charged on commissions was passed on to issuers and investors as the case may be. Given that VAT on services is not claimable, the cost is borne by the payer. With this exemption, it is expected that capital market transaction costs will benefit investors. The removal of VAT is expected to bring down the average cost of transactions on the stock market to about N24 .7 million on daily basis. For instance, for five day trading ended  on the 2 October 24, 2014, total volume of transactions exchanged on the exchange was 1,412,69,835 shares. So, averagely, on daily basis, NSE records 282,593,967 shares, indicating that investors pay about N24.726 million as VAT for selling their shares. The exemption would also reduce compliance costs for operators such as stockbrokers and the regulators in accounting and remitting VAT to the Federal Inland Revenue Service (“FIRS”).
Conclusion
The purpose of the exemption is to encourage more trading in securities and ultimately reduce the cost of transactions for investors, and encourage investments in the Nigerian capital market. However, it is expected to be in force for five years. Investors can therefore take advantage of the exemption.

By: Sogo Akinola
Sogo Akinola Nathan is
a young commercial lawyer at GbengaBiobaku and co. He specializes in Taxation,
oil and gas law and Real Estate. He is a graduate of ObafemiAwolowo University
and the Nigerian Law School. He is a member of the Nigerian Bar Association and
a member of the Association of Young International lawyers and  Young International Arbitration Group and also
an intending associate member of the Chartered Institute of Taxation of Nigeria

SUCCEED WITH LEGAL WRITING by Senator Ihenyen

SUCCEED WITH LEGAL WRITING by Senator Ihenyen

Today, there is little or nothing a lawyer can do without writing; for judges, absolutely nothing. Writing well is the most critical and yet the rarest skill in law. To succeed in the legal profession, writing well is key.

 In his book, Legal Writing Fundamentals (2014), Chinua Asuzu, the CEO of the Write House and expert in legal writing, puts it this way: “Today’s legal world is writing-biased. Written argument is required at trial and appellate courts. Writing also dominates arbitration and alternative dispute resolution.”

Everyone needs sound training in legal writing. But most lawyers and judges do not think so. Many senior lawyers, particularly, don’t think they need any legal-writing training. At best, they recommend it to their junior colleagues. “Who needs legal-training at this stage!?” one senior lawyer within the premises of the Lagos State High Court, Igbosere, once remarked dismissively.
But do you know that most lawyers who think they write well do not? Carl Felsenfeld, a learned writer, eloquently wrote in a U.S. Business Law Journal, “Lawyers have two common failings. One is that they do not write well, and the other is that they think they do.”
In Nigeria, the foundation for sound legal writing has never been strong. Only a negligible number of Faculties across the country teach it. Most law teachers lack the skills required to train law students–even in the Law School. 
As a pioneer writer, teacher, and consultant on legal writing in Nigeria, Chinua Asuzu believes that “…this (the lack of legal-writing training) is not a recent deficiency, Nigerian lawyers at all levels (including judges, legal-department heads, partners, professors, and SANs) generally write poorly.”
Well, now you know.
International best practices now require lawyers to prepare legal documents in clear language. It’s high time lawyers embraced open communication with their clients. This enables lay clients, readers, or users easily access legal documents. It’s important that they do. We need to realise that law is not just for lawyers alone. Law is for everyone. And it’s good business to write well. It’s like dressing smart, and more.
Writing well is like making good music, elegantly and beautifully. If music is the food of love, words must be the food of law. And what is music without being played; what are words without being written. A fine musician must play beautifully; a sound lawyer must write elegantly.
And if she is diligent in her craft, she will stand before kings.

And this is why I am proud to be part of the The Write House team. Since 2012, the legal-writing consuting and training firm has been filling the writing gap in Nigerian law. As Africa’s frontline team of legal-writing coaches, consultants, experts, mentors, and teachers, our experience has been that lawyers, judges, and legal personnel trained in legal writing benefit immensely. It improves the chances of professional success.
To succeed with sound legal writing, you need to acquire relevant skills. Mainly culled from The Write House Corporate Profile, I list 5 career-enhancing benefits of legal writing training as follows:
Legal writing training enhances your efficiency. For organizations, legal-writing training is sound economics. It improves economies of scale by enhancing efficiency and utilization. Fewer hands will complete more tasks in fewer hours.
It deepens your branding, credibility, employability, and ethos. For both individual attorneys and organizations, legal-writing training deepens branding, credibility, employability, and ethos. Good writing is directly proportional to good business manners, professional image, and brand differentiation.
Legal-writing training helps you write clearly and effectively, commanding respect. 
Trainees learn to prepare legal documents in plain English, dropping the legalese and verbosity that plague much legal writing. Refreshingly clear legal writing retains the majesty of legal language and commands the respect of modern readers.
It improves your expressive and persuasive skills. Express yourself and persuade effectively. Our training boosts trainees’ expressive capacity and persuasive force.
It exposes you to international best practices in legal writing. Heads, HR departments, and partners in law firms and legal departments should assess writing skills of applicants for legal positions. They cannot conduct this assessment unless they themselves are exposed to international best practices in legal writing, as  taught by The Write House.
Legal writing is an art. It is also a science. Excellent legal writing skills does not only give you an amazing competitive edge; it best assures a successful legal career.
Senator Ihenyen
Profile
Senator Iyere Ihenyen is an Associate at Assizes Lawfirm and The Write House – www.writehouseng.com. Senator practices in Lagos. He enjoys writing. He has special interest in Intellectual Property and Information Technology, two areas he writes on at Nigerian Law Today as a founding contributor. Senator can be reached at senator@writehouseng.com

OPINION: EBOLA – THE NIGERIAN STORY by Oluwasegun Otebola

OPINION: EBOLA – THE NIGERIAN STORY by Oluwasegun Otebola

A 40-year old gentleman went into First Consultants Medical Centre Limited at 16/24 Ikoyi Road, Obalende, Lagos Nigeria, on Sunday 20th July 2014 with symptoms suggestive of Malaria (Fever, headache, extreme weakness) and he was attended to by Dr.A.S.Adadeveoh, a senior medical consultant in the hospital. He was fully conscious and gave his clinical history; he identified himself as Patrick Sawyer, a Senior Diplomat from Liberia. 

Laboratory investigations confirmed malaria whilst other test for HIV, Hepatitis B&C were negative. He was admitted and treatment commenced. However, due to the fact that he was not responding to treatment. but rather was developing hemorrhagic symptoms the hospital further questioned him. He denied having been in contact with any persons with EVD (Ebola Virus Disease) at home, in any hospital or at any burial. 

In spite of this denial the hospital immediately decided to conduct further tests for possible Infectious Hemorrhagic Disease, especially Ebola Virus Disease, based on the fact that he was a Liberian citizen and the recent outbreak of EVD in that country, he was quarantined and refused exit from the hospital, the initial test results from Lagos University Teaching Hospital (LUTH) laboratory indicated a signal of possible EVD, but required confirmation. 
Working jointly with the State, Federal Agencies and International Agencies, the hospital was able to obtain confirmation of EVD (ZAIRE STRAIN), (W.H.O. Regional Center Lab-Senegal/Redeemes lab/ Lagos University Teaching Hospital (LUTH) Laboratory, but the gentleman subsequently died on Friday 25th July, 2014 at about 6.50am. the hospital was shut down temporarily while in house patients were immediately evacuated, the appropriate professional removal of the body and its incineration under W.H.O. guidelines witnessed by all appropriate agencies was also carried out. 
In keeping with W.H.O, guidelines, the hospital was shut down briefly as full decontamination exercise is currently in progress W.H.O. Guidelines. It was later confirmed later by the Vice President of ECOWAS, Dr. Toga Mcintosh, that Sawyer did in fact flee medical watch placed upon him after his sister’s reported death, Mcintosh said, “because he had contact with somebody who died from Ebola, he was quarantined in his own country, but he evaded the quarantine and came to Nigeria.”
It was not long after the Ebola virus had landed at the Lagos airport on July 20 in the person of Patrick Sawyer, a Liberian national and naturalized American citizen who had fled the Liberian capital Monrovia due probably to hope of a better treatment in Nigeria, who died five days later, by which time others had been infected, whereupon the Lagos state government, in collaboration with federal authorities, was quick to promulgate the message: Avoid physical contact, wash your hands frequently, and leave it to professionals to handle the dead. Myriad of radio and television stations broadcast the warnings; it becomes common to find hand sanitizer at the entrance of many companies for usage by customers and clients of those organizations, all available social media were put into use to ensure every segment of the country is reached, the authorities also asked churches and mosques to spread the news. (Most Nigerians are profoundly religious, and even many nonbelievers attend services, compelled as often as not by neighborly tradition rather than pietistic pressure. 
At the seaport, medical personnel were positioned to ensure that members of crew of any ship coming into the country are checked using the infrared thermal detectors and other medical apparatus right inside the ship before coming down just to ensure none of them is a carrier of the disease and this is done at every point of entry into the country. 
Working from the airline passenger list and hospital patient information, the authorities were quickly able to develop a comprehensive list of those who came into contact with Mr. Sawyer, and sent medical workers to locate those who might have been exposed to the virus. Some 200 people were put under observation until the 21-day incubation period had passed.
The government wanted to avoid the panic and mayhem that occurred in Liberia and other ebola ravaged countries, it is important to say here that the speed and efficiency with which the Lagos State authorities reacted was exemplary. It seems as if the virus has been contained in this city of more than 20 million people. Agence France-Presse later confirmed that 320 people suspected of exposure to the virus have been certified clear and released, and that another 41 remained under surveillance. 
The federal Government immediately declared public health emergency and released 1.8 billion Naira for intervention, which is about 11 million U.S Dollars. The authority also commenced the screening of all inbound and outbound passengers as precautionary measure to check the spread of Ebola, there was installation of infrared thermal detectors at four point-of-entry to track infected persons coming into or going out of Nigeria, the government also disallowed further repatriation of corpses from the three-worst hit Ebola countries in West Africa, appealing as well to passengers coming into Nigeria to provide honest details of their health status when completing immigration and customs forms. 
Five thousand U.S dollars worth of medical screening equipment was donated to Nigeria by the United States to be used at the Murtala Mohammed Airport in Lagos as part of her contribution to help in the fight against the virus.  Partnering with Wellcome Trust, the Dangote Foundation entered into a £40m investment deal in African for research into EVD. Banks and several organizations started taking precautionary measures to curtail the spread of the deadly virus as well as hand-washing sensitization going around the country. There is no doubt that quick action by the authorities has generated a broad sense of civic responsibility. Even the federal government appears to have taken an atypically responsible approach and the United Nations officials also praised the way Nigeria has handled the threat so far. Mr. Jeff Hawkins, the US consul-general in Nigeria, expressed satisfaction with the timely response of the Nigerian government to the contagious disease since its importation into the country by Patrick Sawyer. He commended the measures already in place at the Lagos airport.

Nearly 400 persons were put under surveillance in Port-Harcourt, the Rivers State capital (an oil rich state which is a home to many multinational companies and expatriates),   for signs of Ebola after they came in contact with a Port Harcourt doctor, who died of the disease when a suspected carrier escaped from a Lagos isolation ward, the doctor died of Ebola on Aug. 22, according to the World Health Organization. The doctor’s wife was flown to Lagos for treatment with her three-month-old baby, which confirmed three cases of Ebola infection in the city. Dr. Abdulsalami Nasidi, project director at Nigeria Centre for Disease Control, said in an interview with Reuters in Geneva, that more isolation wards were being opened in the oil industry hub but voiced confidence that there would not be “many cases” there.
In her bid to stamp out the virus earlier, Nigeria had made an appeal to the United States for the experimental drug(Zmapp) to be used for some of the confirmed cases but was refused based on the submission that the drug is not available, the ebola survivors in Nigeria were therefore not treated with any experimental drugs, but contract tracing and early identification of cases were managed by isolating the patients and replacing fluids and electrolytes, and in some cases, blood transfusions were said to be necessary.
The Nigerian Health Minster, Dr. Onyebuchi Chukwu, later submitted that WHO sent physicians to Nigeria to train Nigerian Physicians. In his words “We’ve never seen a single case of Ebola virus until this year. So we needed someone with practical experience who had seen the virus to come and train our doctors what to do and the rest, and then we took over.”
“It is important that we let the world know that WHO did well in sending us doctors with practical experience, said Dr. Chukwu. “But we also worked with the CDC, UNICEF, and MSF in managing the disease.He further stated “Three terms became part of our lexicon: surveillance, quarantine, and isolation.” But these need to be clearly explained, said Dr. Chukwu. Surveillance is carried out on people who may have had contact with someone who has contracted EVD and it is sort of like house arrest. You don’t criminalize them. The person is actually a victim, not a criminal. The persons’ movements is being monitored, the rest of the family are counseled about what contact can and can’t be done. Health officials have contact with them everyday.
Only when those under surveillance show symptoms – a fever, whether it ends up being Ebola, yellow fever, or malaria – they are put under quarantine. That is the first time they deny such individual the comfort of his own bed. They put him in separately from the isolation ward from those who are confirmed. If malaria, we discharge them to their doctor to be treated for malaria”.It is only in confirmed cases that such persons are placed in the isolation centre, and the necessary medical treatment applied.
I would not have done well if I fail to state here that contrary to many persons belief and especially non Nigerians from outside the country, the Nigerian government right from the outbreak of the EVD this year in Africa and till date, did not has not and I belief is not planning to close her border (Land or sea) or stop flight from the Ebola ravaged country, as a measure to prevent another importation of EVD, which some African countries believed is the right step towards the fight against the deadly disease. Nigeria rather in her continuous bid to lead Africa and to win the war against EVD has donated $3.5 million USD and is preparing to send about 591 trained health practitioners to the Ebola affected countries in West Africa.

In all, I think Nigeria won and is winning the war against the pandemic disease through immediate response to series of alert from government and a responsive government that rose up to the challenge of the disease; having seen what EVD is capable of doing to any country where it is not taken seriously, eventually there were 19 confirmed cases of Ebola in Nigeria and the country has a record of 12 survivors.

QUALIFICATION FOR CONTESTING ELECTIONS INTO THE NATIONAL ASSEMBLY

QUALIFICATION FOR CONTESTING ELECTIONS INTO THE NATIONAL ASSEMBLY

The Red Chamber
This is the 3rd
article in a series of posts informing about the constitutional requirements
for contesting elections in Nigeria, the first article was on the
constitutional requirements for contesting presidential elections in Nigeria while
the second was on contesting Governorship elections in Nigeria. This post
however will be treating the constitutional requirements for contesting
elections into the National Assembly. 

You will find the provisions of
the law relating to this issue in Sections 65 – 79 of the Nigerian 1999
Constitution. One is qualified for election as a member of the Senate, if he/she
is a citizen of Nigeria; has attained the age of 35 years; has been educated up
to at least School Certificate level; is a member of a political party and is
sponsored by that party. It’s pretty much the same qualifications for
contesting in the House of Representatives, except that one must have attained
the age of 30 years to be qualified to be a member of the House of
Representatives. 
The Green Chamber
  Furthermore, the following Persons
are disqualified from being members of the National Assembly;   
  • persons who have voluntarily acquired the citizenship
    of another country; 
  • is a lunatic;
  •  is under a death sentence; 
  • has been convicted
    of an offence involving dishonesty in 10 years preceding the election or
    breaching the code of conduct; 
  • is an undischarged bankrupt; has been indicted
    of embezzlement or fraud; is a member of a secret society; or has forged a
    certificate to INEC .

For the purpose of Senatorial elections,
INEC shall divide each state into 3 senatorial districts and 360 federal constituencies
in respect of elections into the House of Representatives. INEC is charged with
appointing the date for the elections and every Nigerian who has attained the
age of eighteen years shall be entitled to be registered as a voter for the
election provided that he/she resides in Nigeria at the time of the
registration of voters for purposes of the elections. 
Adedunmade Onibokun, Esq
@adedunmade

ESQ. SEMINARS HOLDS 2014 INTERNATIONAL ARBITRATION SCHOOL

ESQ. SEMINARS HOLDS 2014 INTERNATIONAL ARBITRATION SCHOOL


Esq. Seminars on the 28th – 30th of
October, 2014 hosted the Esq. Arbitration School 2014 at the Civic Centre in
Victoria Island, Lagos which was supported by the prestigious law firm of Aluko & Oyebode. It was a great
time for the delegates and the resounding success for the organisers. The panel
of facilitators was very impressive as it attracted some of the best
arbitration practitioners from Nigeria and also from London.

Facilitators included:-

  • Gbenga Oyebode MFR, Chairman, Management Board, Aluko &
    Oyebode;

  • Lere Fashola, CEO, Legal Blitz Limited;

  • Jerome Finnis, Of Counsel, International Arbitration Group,
    Hogan Lovells LLP;

  • Babatunde Fagbohunlu SAN, Partner, Head of Litigation &
    Arbitration, Aluko
    & Oyebode;

  • Patrick Ikwueto, SAN, FCI.Arb, Managing Partner, Patrick
    Ikwueto & Co,
    Abuja/Lagos.;

  • Chief Bayo Ojo SAN, FCIArb, Chartered Arbitrator, Senior
    Partner, Bayo Ojo
    & Co, Abuja. Director, International Centre for Arbitration and Mediation Abuja (ICAMA);

  • Abdul Jinadu Esq, Barrister, Keating Chambers, 15 Essex
    Street, London;

  • Jobalo Oshikanlu, Legal Director, ARM-Harith Infrastructure
    Fund;

  • Wale Akoni SAN, Head of Chambers, Babalakin & Co.;

  • Olatunde Busari, SAN, FCI.Arb, Chartered Arbitrator, Partner,
    Akinwunmi &
    Busari, Lagos;

  • Ned Mojuetan;
  • Mark Molyneux, Partner,Addleshaw Goddard LLP;
  • Seyilayo Ojo FCI.Arb, Managing Counsel, Seyilayo Ojo &Co.;
  • Nkiru Balonwu, CEO, Spinlet Nigeria;
  • Wale Goodluck, General Manager, Commercial Legal, MTN.
    Nigeria;
  • Yemi Akinsanya, Principal, Adeyemi-Akinsanya Associates;
  • Oludare Senbore, Partner, Aluko & Oyebode, Nigeria,
    former Head of Legal,
    Infrastructure and Project Finance, StanbicIBTC;
  • Seye Kosoko, Head of Legal and Company Secretary, Standard
    Chartered Bank
    of Nigeria;
  • Irene Robinson-Ayanwale, Head, Legal Department and Council
    Secretariat,
    The Nigerian Stock Exchange; and
  • Ace Ankomah, Head of Litigation and Arbitration,
    Bentsi-Enchill, Accra, Ghana.

Cross section of facilitators

Cross section of facilitators

Cross section of Delegates

Lunch time

Jerome and Kate

Adedunmade, Jerome & Kate

Cross section of facilitators

Cross section of facilitators


Esq. Seminars hold regular trainings on various areas of law
and it will do legal practitioners and in-house counsel out there a great deal
of good to keep an eye out for their seminars/trainings and participate in
them. We shall also do well to inform you of upcoming Esq. Seminars.
Those terrible weeks in their camp by Human Rights Watch

Those terrible weeks in their camp by Human Rights Watch

Summary

Boko Haram, Nigeria’s homegrown Islamist insurgency, whose name in Hausa roughly translates as “Western education is forbidden,” has abducted at least 500 women and girls from northern Nigerian since 2009 and has perpetrated numerous human rights abuses against them in captivity. The April 14, 2014 abduction of 276 girls from a secondary school in Chibok, a rural town in Borno State, focused a much-needed spotlight on this increasing scourge.

While much has been written about Boko Haram and the horrific threat it poses, very little is known about the abuses endured by women and girls in captivity. Such victims are obviously hard to find. This report, based on field research, including interviews with victims and witnesses of abduction, documents the abduction of women and girls by Boko Haram, highlighting the harrowing experiences of some of the abducted women and girls. There remain many more women and girls in captivity whose stories have not yet been told.
From June through August 2014, Human Rights Watch interviewed 30 individuals who were abducted by Boko Haram between April 2013 and April 2014, and 16 others who witnessed the abductions. The victims, including 12 students of the Chibok School who escaped from Boko Haram custody after they were abducted, provided further details of the abuses they endured. The women and girls described how they were abducted from their homes and villages while working on the farms, fetching water, or attending school. The victims were held in eight different Boko Haram camps that they believed to be in the
518-square-kilometer Sambisa Forest Reserve and around the Gwoza hills for periods ranging from two days to three months. They saw scores of other women and children, but were unable to ascertain if some, or all, had also been abducted or if they were family members of the insurgents. The women and children ranged from infancy to 65 years old. The Gwoza hills, which form a natural barrier between Nigeria and Cameroon, overlook Sambisa forest to the north and runs from Pulka town, 80 miles south east of Maiduguri, Borno State into Cameroon’s Far North region.
The women and girls told Human Rights Watch that for refusing to convert to Islam, they and many others they saw in the camps were subjected to physical and psychological abuse; forced labor; forced participation in military operations, including carrying ammunition or luring men into ambush; forced marriage to their captors; and sexual abuse, including rape. In addition, they were made to cook, clean, and perform other household chores. Others served as porters, carrying the loot stolen by the insurgents from villages and towns they had attacked. While some of the women and girls seemed to have been taken arbitrarily, the majority appeared to have been targeted for abduction because they were students, Christians, or both.
The Victims
Most of the abductions documented in this report took place in the predominantly Christian area of southern Borno State, and all but one of the victims interviewed by Human Rights Watch were Christian. The victims appear to have been targeted either because of their presumed religious affiliation or for attending western-styled schools. Some of the victims were threatened with death if they refused to convert to Islam. One young woman held in a camp near Gwoza described how combatants placed a noose around her neck and threatened her with death until she renounced her religion; others were repeatedly threatened with whipping, beating, or death unless they converted to Islam, stopped attending school, and complied with Islamic dressing rules, such as wearing veils or the hijab.
When one of the victims, a 15-year-old girl, complained to a Boko Haram commander that she and the other abducted girls were too young for marriage, he pointed at his 5-year-old daughter, and said: “If she got married last year, and is just waiting till puberty for its consummation, how can you at your age be too young to marry?”
Women and girls interviewed by Human Rights Watch said that some Boko Haram commanders appeared to make some effort to protect them from sexual violence. However, Human Rights Watch documented eight cases of sexual violence perpetrated by Boko Haram combatants; most cases of rape occurred after the victims were forced to marry. Social workers who have worked with some of the victims in Borno and Adamawa states told Human Rights Watch that the rape of women and girls abducted by Boko Haram has been underreported because of a culture of silence, stigma, and shame around sexual abuse in Nigeria’s conservative North.
The increase in the number of abductions since mid-2013 appears to mark a change of strategy by Boko Haram. From 2009 through early 2013, the group did not appear to target women and girls specifically. Instead, it primarily launched assaults against those it considered part of an unjust and corrupt system: members of the security services, politicians, civil servants, and other symbols of authority. By early 2012 schools and students became increasingly targeted for attacks, worsening already dire education indices in the Northeast, which has the lowest primary and secondary school net attendance ratio in the country.
From 2009 to early 2013, according to Human Rights Watch’s research and monitoring of abuses, Boko Haram abducted individual women and girls from their homes or from the street during attacks on their communities. These abductions took place most often in Boko Haram’s then-strongholds of Maiduguri, the Borno State capital, or Damaturu, the capital of neighboring Yobe State. In most of the documented cases, married women were abducted as punishment for not supporting the group’s ideology, while unmarried women and girls were taken as brides after insurgents hastily offered a dowry to the families, who feared to resist.
The abduction of 276 schoolgirls from in Chibok is the biggest single incident of abduction by Boko Haram at time of writing. The relative ease with which it carried out the Chibok abductions appears to have emboldened Boko Haram to carry out more abductions elsewhere.
Videos released by Boko Haram’s leaders in January and May 2013 suggest three key motives for the initial abductions: to retaliate against the government for its alleged detention of family members, including the wives of the group’s leaders; to punish students for attending Western schools; and to forcefully convert Christian women and girls to Islam. Some of the victims and analysts interviewed by Human Rights Watch have suggested women and girls are also being used for tactical reasons, such as to lure security forces to an ambush, force payment of a ransom, or for a prisoner exchange.
Residents of villages and towns ravaged by Boko Haram attacks during which women and girls were abducted complained about inadequate government response to prevent attacks and protect victims, often in imminent danger, and to provide adequate medical and psychological support for victims.
Many of the victims and witnesses who spoke to Human Rights Watch recounted instances when the security forces had been overwhelmed because insufficient troops had been deployed to a given town or because they appeared to have run out of ammunition during the course of an attack. Others described how members of their community had informed authorities about impending attacks, but were met with a feeble response.
Many of the victims and their family members expressed the ongoing anguish resulting from their ordeal, including deep fears of re-abduction, sleeplessness, and frustration for insufficient support from the government. However, of the victims interviewed, only the Chibok students who escaped from Boko Haram captivity had received limited counseling and medical care. None of the other victims of abduction or other violations, all from desperately poor families, had received or were aware of any government supported mental health or medical care. The federal and state funds, set up with support from international agencies and foreign governments in the wake of the high-profile Chibok abductions, have targeted the escaped Chibok girls but appear not to have widely benefitted the many other victims of Boko Haram abuses.
The abuses against women and girls documented in this report occurred against the backdrop of a dramatic increase in the pace and intensity of Boko Haram’s attacks against civilian targets from mid-2013, after the federal government imposed a state of emergency in Borno, Adamawa, and Yobe states. Based on credible media reports and field investigations, Human Rights Watch estimates that more than 4,000 civilians have been killed in over 192 attacks since May 2013 in northeast Nigeria and in the federal capital, Abuja. At least 2,053 civilians were killed by Boko Haram in the first half of 2014.
Human Rights Watch has previously documented the widespread abuses carried out by the Nigerian security forces in responding to the attacks by Boko Haram. Since 2009, security forces have used excessive force, burned homes, engaged in physical abuse, “disappeared” victims, and extra-judicially killed those suspected of supporting Boko Haram.
Few members of the security forces implicated in serious violations of humanitarian and human rights law, including violations against girls and women, have been prosecuted. To ensure accountability, Nigerian authorities should investigate and prosecute, based on international fair trial standards, those who committed serious crimes in violation of national and international law during the conflict, including members of Boko Haram, security forces, and pro-government vigilante groups. In addition, the government should provide adequate measures to protect schools and the right to education, and ensure access to medical and mental health services to victims of abduction and other violence. The government should also ensure that hospitals and clinics treating civilian victims are equipped with medical supplies to treat survivors of sexual and gender-based violence.
The international community should encourage and support transparent investigations and prosecution of perpetrators of human rights abuses by Boko Haram as well as violations by government security forces and allied groups, and should assist the Nigerian government to provide protection for schools as well as physical and mental health care to all victims of abductions and other violations perpetrated by Boko Haram.
The Nigerian government and the international community should ensure that women participate fully in all national and international efforts to maintain and promote peace and security in Nigeria. The Nigerian government failed to include women in its delegations to Paris Summit on Security in Nigeria in May 2013 and the London Ministerial on security in Nigeria in June 2014. Participants at both meetings committed to civilian protection and human rights and to the prevention of sexual violence in conflict. Human Rights Watch urges the Nigerian government to comply with its National Action Plan for the Implementation of UNSCR 1325 and other related resolutions in Nigeria, which commits the government to take special measures to include women at all levels of peace processes.
Human Rights Watch urges Boko Haram to comply with the principles of international humanitarian and human rights law and to end immediately the killing, maiming, rape, and abduction of Nigeria’s civilian population including students, which has suffered greatly over the past five years.
Source- www.hrw.org
CONSTITUTIONAL REQUIREMENTS OF CONTESTING GOVERNORSHIP ELECTIONS

CONSTITUTIONAL REQUIREMENTS OF CONTESTING GOVERNORSHIP ELECTIONS


Cross-section of Nigerian Governor Forum (From vangaurdngr.com)

This is the second post in a
series of articles informing about the requirements for contesting elections in
Nigeria. Last time, I wrote on the requirements for contesting presidential  elections in Nigeria, while this post will be treating the constitutional
requirements for contesting Governorship elections in Nigeria. 

The position of a State of
Governor is provided for by the Constitution in Section 176. It provides that –
there shall be for each State of the Federation a Governor and the Governor
shall be the Don Dada Chief Executive of that State. The only persons
qualified to be Governors are- Citizens of Nigeria by birth; persons who have
attained the age of 35 years; members of a political party & sponsored by
that party; and such candidate that has been educated to at least School
Certificate Level or its equivalent. 

It should also be noted that the
following persons are not qualified for election to the position of the
Governor-

  • Persons who have voluntarily
    acquired the citizenship of another country;

  • He has elected to the position 2
    previous times;

  • A lunatic or person of unsound
    mind;

  • Persons under a death sentence;

  • Persons who have been convicted
    and sentenced for an offence involving dishonesty within the past 10 years of
    the election or has contravened the Code of Conduct;

  • An undischarged bankrupt;

  • Persons employed in public
    service;

  • Member of a secret society;

  • Persons who have been indicted
    for embezzlement or fraud; and

  • Persons who presented a forged
    certificate to INEC.

It is the duty of INEC to appoint
the date for the elections though such elections must be held on a date not
earlier than 60 days and not later than 30 days before the expiration of the
term of office of the last holder of the office. Section 178 states that a candidate
for the Governorship elections shall be deemed to have been duly elected where,
being the only candidate nominated for the election –

  1. He has a majority of YES votes
    over NO votes cast at the election; and 
  2.  He has not less than one-quarter
    of the votes cast at the election in each of at least two –thirds of all the
    local government areas in the State, but where the only candidate fails to be
    elected in accordance with this provision of the law, then there shall be fresh
    nominations.

Where there are 2 or more
candidates, one will be deemed duly elected if –

  • He has the highest number of
    votes cast at the election; and

  • He has not less than one –quarter
    of all votes cast in each of at least two-thirds of all the local government
    areas in the State.

If no candidate is elected by
virtue of the foregoing provisions, there shall be a second election at which
the only candidates shall be – the candidate who secured the highest number of
votes and one among the remaining candidates who secured majority of votes in
the highest number of local govt areas.
Section 185 states that the
Governor shall not begin to perform the functions of office until he has
declared his assets/liabilities and subscribed to the oath of allegiance and
Oath of office.  
Adedunmade Onibokun, Esq. 
@adedunmade 
dunmadeo@yahoo.com
#OPINION #BRINGBACKOURGIRLS: TO WHAT EXACTLY?! by Chika Maduakolam

#OPINION #BRINGBACKOURGIRLS: TO WHAT EXACTLY?! by Chika Maduakolam

Credit- Google 
 As I am prone to do with my opinion pieces, I state a disclaimer; these are simply ramblings of an overworked lawyer who gets her brain fried under the hot Lagos sun daily. Permit me to exercise my inherent right of freedom of expression.

Having gotten that out of the way, I will dive straight in; this piece is not to remind us about the length of time the abducted Chibok girls have been gone, neither is it about how well or not the Nigerian government has performed or even about all the humanitarian and human rights activists’ efforts that have been contributed towards ensuring their freedom by various organisations. Far from it, I have an impression that we have all been inundated with the on-goings of all the above; 
This piece is simply an avenue to air out a gnawing train of thought that has made this writer have stray thoughts one time too many- We all clamor for our girls to be brought back altruistically and nobly, however, I would like to ask a question many of us do not think is important: Bring back our girls to what exactly?!!!!
Credit – amnestyinternational.org 

Before I have the crowd calling for my head, take a minute and think:

It will be agreed, myself being female, that the predicament of women is somewhat fragile in the society, this has nothing to do with the strength or mental acuity of women; it is a simple fact of being! Bearing this in mind, we have a group of young girls, unprotected, impressionable, young in soul and mind in an environment such as a terrorist camp; it can only be imagined the extent of horror to which they are prone to; rape, slavery, mistreatment and all sorts of inhumane treatment. Some of them will be pregnant, some of them will have their once innocent souls ripped out, replaced by hardened minds and spirits that have been molded different either through false doctrines or untold psychological hardship!
The girls who were taken away, I assure you, are not the same girls who are to be brought back.
Now, stating the stark reality before us as a nation: We are simply not equipped to handle this situation! What institution has been set up to provide the requisite psychological, physiological and mental support that these girls require? What schools will these girls attend when they return to us; a school that will nurture them, cocoon them, recalibrate their minds, a school that we will all admit we need because their impression of what a school was before they were taken, I assure you, is not the same impression they have now!! What medical help and assistance is on ground to provide healthcare to these girls? Who will stitch those who have been sore, who will give the requisite medication if they arise to treat any ailments, what tests will be carried out to ensure that the good health of these ladies have not been compromised?
Most importantly, to cut my ramblings short; to what society are you bringing them back to? I am sorry to say but as much as I am Nigerian, I do not have the requisite faith in Nigerians to say we can shoulder the necessary responsibility of providing a supportive society to cushion the effects of the trauma these girls must have been through; our society is prone to creating stigmas and labels, this is not to say we are not empathic people, we just have not learnt to be any better; if your son says he has found a wife who was a victim of the chibok kidnap ,would the average Nigerian parent embrace his decision? The community to which these girls will return, will they treat them like outcasts? What of the children of these girls for those who are pregnant or are mothers, will they be embraced wholly? Will the very relatives of these girls be patient and empathetic enough to accommodate any of the girls who have been radicalized bearing in mind that only time can heal deep wounds?
I could go on and on but I believe enough is contained here to foster a train of thought as to the structural aid we need to rehabilitate these girls and indeed, rehabilitation is what is required. To not be a doomsayer, I will attempt to voice out a solution I harbor in mind no matter how implausible it may seem: If we cannot provide the requisite structure to restore these girls, can we at least agree that we should invest in moving these girls to an environment where this can be provided? I already foresee the unpleasant reactions to this piece. Nonetheless, the truth is the truth!! We have cried #BRINGBACKOURGIRLS, let’s begin to also cry, more importantly: #RESTOREOURGIRLS!!

Young Lawyer Shares What She Wished She Knew Before Law School by  Victoria Pynchon

Young Lawyer Shares What She Wished She Knew Before Law School by Victoria Pynchon

I started law school a decade ago. At the time, the post 9-11 economy was on a major decline and law schools across the country were seeing a huge surge in the number of applicants. Hundreds of thousands  of college grads were seeking a J.D. and I was one of them.

Like many people before me, I hated law school. I remember reading Scott Turow’sOne L: The Turbulent True Story of a First Year at Harvard Law School. I could relate. But I was not at Harvard, and my law school’s name alone was not going to open up doors for me. Still, it all turned out well.
Do I regret going down my chosen path? Not at all. But would I change things if I had the opportunity? Absolutely!. If I could go back in time, I’d give the following advice to myself and to all law students, at Harvard or elsewhere.

Play Nice With Your Classmates – One Day They Will Be Your Opposing Counsel
The cut-throat atmosphere of many law schools brings out the worst in people. This is unfortunate but understandable. You’re constantly stressed. You’re worried about the attrition rate. You’re worried about passing the bar. You’re worried about getting a job.
It’s very easy to start seeing your classmates as enemies and treat them accordingly. But this is a big mistake. Be nice to your classmates because one day they will become your colleagues, referral sources, and even opposing counsel. Being nice in law school will help guard your reputation and will pay off in spades long after you graduate.
Discover Your Lawyering Personality
Take all the classes that pique your interest. Take advantage of internships and summer associate positions to discover what type of law practice fits your personality best.
You may think that I’m crazy to say this. You may be thinking that law grads should consider themselves lucky to get any legal job in this economy.
But realize that most lawyers who hate their job feel that way because it does not suit their personality.  Trust me, I am speaking from experience.
My first job out of law school involved many administrative hearings and depositions. I was in an adversarial position day in and out, and I hated stepping into a court room knowing that someone would win and someone would lose.
Clearly, I neglected my lawyering personality, which is geared more towards transactional law and counseling clients. It was only when I switched to a position that optimized my personality, that I finally started to enjoy practicing law.
Stay true to your lawyering personality and look for a job that best suits it.  Doing this may just put you in a small minority of lawyers who actually love what they do.
Fill Your Rolodex
With so much competition for legal jobs these days, how do you guarantee one after you finish law school? Start seeking job opportunities while you’re in law school.
A great perk of being a law student is your ability to join many local and national bar associations for free.
Take advantage of this and attend bar association events in practice areas that interest you. It’s a great way to meet local attorneys and it will give you an advantage when searching for a summer associate or an attorney position later on.
Reach out to attorneys you admire and ask them for an informational interview or lunch.  This may seem daunting, but trust me, most attorneys love to talk about themselves and their practices.
And they’ll likely pick up the lunch tab – a great bonus for a starving law student.
Look for a Mentor
You should realize that successful professionals aren’t born that way.  They got to be at the top of their game because they had a mentor. Someone who believed in them. Groomed them. Pushed them to be better.
Look for a mentor in your summer associate position, a local bar association, or other local attorneys.  Having a good relationship with a mentor is invaluable to your long term success.
Nurture it by meeting with them regularly and asking lots of questions. Then listen and follow their lead.
Get High Teched
Lawyers are creatures of habit.  I still know law firms that use WordPerfect, and gasp, typewriters.
To differentiate yourself, learn the latest technology and tools. Attend legal technical trade shows (which are typically highly discounted for law students). Sharpen your researching skills while you have free and unlimited access to Westlaw and Lexis Nexis.
Get certified in these programs and put your new credentials on your resume. Once you start practicing, these skills will become your secret weapons to becoming the next superstar associate.
Source:- www.forbes.com