by Legalnaija | Nov 18, 2020 | Uncategorized
Christmas has come early; Greysage consulting will host a webinar that adequately caters to lawyers, law graduates, and law students who are enthused and fascinated by the global entertainment industry.
The webinar will be held on the 12th of November, 2020, via zoom, at 11am – 1pm and Greysage has recruited famed Nigerian entertainment lawyer, Akinyemi Ayinoluwa, to share important tips that would help guide Nigerian lawyers to explore, pursue an interest, and build a practice area that caters to the entertainment industry.
In recent times, there have been countless credible reports from many institutions who have conducted extensive research on the economic viability of the Nigerian entertainment industry.
Greysage Consulting believes that Nigerian lawyers have significant roles to play with helping to build the burgeoning Nigerian entertainment scene. With their mastery of law and eye for detail they are well equipped to take on responsibilities that would provide them professional and economic gratification.
This webinar would lay bare the world of possibilities available to lawyers in the entertainment industry.
To attend, reserve a spot at https://greysagehq.com/createyourfuture/
The zoom link will be shared after notification of payment.
Get ready for this webinar, if you miss it…you may have to wait till the next time we re-launch it again and that might be next year.
The webinar is supported by Legal Naija and Lawyard.
Have a wonderful week.
With Love,
Opeyemi Akanni
GreySage Consulting Ltd.
by Legalnaija | Nov 11, 2020 | Uncategorized
National Information
Technology Development Agency (NITDA) is a public service
institution established by NITDA Act 2007 as the ICT policy implementing arm of
the Federal
Ministry of Communication of the Federal Republic of Nigeria. It has
sole responsibility of developing programs that caters for the running of ICT
related activities in the country. NITDA is also mandated with the
implementation of policies guideline for driving ICT in Nigeria. The Board
shall have power to formulate overall policy for the management of the affairs
of the Agency; and manage the National Information Technology Development Fund
established under Section 12 of the Act including;
(c) Appoint, promote,
terminate, dismiss and exercise disciplinary control over the principal
officers and senior staff of the Agency;
(d) Structure the Agency
into such number of departments as it deems fit for the effective discharge of
the functions of the Agency; and
(e) Exercise such powers as
are necessary of expedient for giving effect to the provision of this Act.
The functions of the Agency as
provided in Section 6 of the NITDA Act include:
(a) Create a frame work for
the planning, research, development, standardization, application, coordination,
monitoring, evaluation and regulation of Information Technology practices,
activities and systems in Nigeria and all matters related thereto and for that
purpose, and which without detracting from the generality of the foregoing
shall include providing universal access for Information Technology and systems
penetration including rural, urban and under-served areas.
(b) Provide guidelines to
facilitate the establishment and maintenance of appropriate for information
technology and systems application and development in Nigeria for public and
private sectors, urban-rural development, the economy and the government.
(c) Develop guidelines for
electronic governance and monitor the use of electronic data interchange and
other forms of electronic communication transactions as an alternative to
paper-based methods in government, commerce, education, the private and public
sectors, labour, and other fields, where the use of electronic communication
may improve the exchange of data and information.
(d) Develop guidelines for
the networking of public and private sector establishment.
(e) Develop guidelines for
the standardization and certification of Information Technology Escrow Source
Code and Object Code Domiciliation, Application and Delivery Systems in
Nigeria.
(f) Render advisory services
in all information technology matters to the public and private sectors.
(g) Create incentives to
promote the use of information technology in all spheres of life in Nigeria
including the setting up of information technology parks.
(h) Create incentives to
promote the use of information technology in all spheres of life in Nigeria
including the development of guidelines for setting up of information technology
systems and knowledge parks.
(i) Introduce appropriate
regulatory policies and incentives to encourage private sector investment in
the information technology industry.
(j) Collaborate with any
local or state Government, company, firm, or person in any activity, which in
the opinion of the agency is intended to facilitate the attainment of the
objective of this act.
(k) Determine critical areas
in Information Technology requiring research intervention and Development in
those areas.
(l) Advice the Government on
ways of promoting the development of information technology in Nigeria
including introducing appropriate information technology legislation, to
enhance national security and vibrancy of the industry.
(m) Accelerate internet and
intranet penetration in Nigeria and promote sound internet Governance by giving
effect to the Second Schedule of this Act; and
(n) Perform such other
duties, which in the opinion of the Agency are necessary or expedient to ensure
the efficient performance of the functions of the Agency under this act.
@Legalnaija
by Legalnaija | Nov 9, 2020 | Uncategorized
Everyone
that has read Social Media For Lawyers has found the book useful for creating
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for corporate bodies and Professionals and not necessarily lawyers alone. I’m
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– Deji, Lawyer
“In a time where lawyers are for the most part restricted from advertising
their services, it is imperative that we learn to harness the power of social
media to not only amplify our voices, but carve a niche for ourselves in the
legal market. “Social Media for Lawyers” is without a doubt, the
perfect tool for lawyers in this regard. I recommend this for not only lawyers,
but professionals from every discipline.”
– Charles, Lawyer
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by Legalnaija | Nov 7, 2020 | Uncategorized
Learn the provisions of the Constitution as a Nigerian citizen or visitor. Our speakers, Derin Fagbure and Adedunmade Onibokun are seasoned legal professionals who will be sharing an in-depth analysis of relevant provisions of the Constitution that all citizens should be aware of.
Topics include:
– Brief Intro & History of Constitution
– powers of the Federal Government
– Fundamental objectives
– Citizenship
– Fundamental Rights
– Legislative Powers
– Judicial Powers
– Duties of Local Govt Councils
– Code of Conduct for Public Officials
Register Now Via This Link https://flutterwave.com/store/lawlexis/0gzomd2fhxvi?_ga=2.204572816.1627617939.1604763039-946979208.1599414617
by Legalnaija | Nov 4, 2020 | Uncategorized
On the 20th day of
October 2020, what started as a peaceful protest for over two weeks turned
bloody after the Nigerian Army allegedly unleashed it’s bullets at unarmed protesters
leading to loss of lives and many injured. The protest tagged #ENDSARS was
carried out across many cities in Nigeria and other countries.
Fortunately, a number of
protesters recorded the situation where the world could hear and see the
atrocities allegedly committed by the Nigerian Army. Some broadcasting stations
covered the situation and showed footages of this tragic event taken at the
protest ground.
The Nigerian Broadcasting
Commission (NBC) on Monday the 26th of October 2020, six days after
the tragic shooting at Lekki Toll gate, fined three broadcasting stations,
Arise TV, African Independent Television (AIT) and Channels TV with 3 Million
Naira each. The reason given was that these stations covered the shootings by
posting unverified footages. However the fine received some strong oppositions
one of which is the Socio-Economic Rights and Accountability Project (SERAP)
who issued NBC 48 hours ultimatum to withdraw the fine or risk legal actions.
SERAP argued that the fine was an attempt to silence the media and restrict
freedom of speech and the press. Also, some Nigerian Lawyers under the aegis of
Digital Rights Lawyers Initiative (DRLI) filed a lawsuit against NBC over the
fines.
While it is true that a number
of fake and old videos were circulating the internet after the shooting occurred,
some videos raises no iota of doubt, one of which is the live video shared by
DJ Switch on Insta Live. From the video, we could see and hear gunshots, people
running, bullets, soldiers shooting at protesters. Despite videos corroborating
the location and presence of some Nigerian soldiers at the scene of the
shooting, the Defence Headquarters claimed the videos shared are fake. As a
result, people have questioned the authenticity of these videos, others have argued
that live videos from social media platforms like Facebook and Instagram cannot
be Photoshopped while it is being recorded.
These questions raises quite a
number of issues for determination in this scenario.
CAN LIVE VIDEOS BE
PHOTOSHOPPED?
Several live coverage on the shootings
were circulated all over social media from the phones of protesters who were
present at Lekki toll gate. Most notably the Lekki shootings where members of
the Nigerian Army were allegedly shooting at protesters. From some of the videos,
we could see that the lights illuminating the Lekki toll gate went off almost
immediately the shootings started.
From the video, we could see
that it was a live coverage on Instagram. However there are contradictory
stories coming from both the witnesses who were at the shooting scene, the
Lagos State government and the Nigerian Army, the question lingering is whether
that video is authentic or photoshopped. Where the Army initially denied being
at the scene.
Without the need for long rigmarole,
the simple answer is that a live video from social media cannot be photoshopped
or edited while it is recording because it is LIVE!!!! While
it is possible for unverified and old videos to circulate during an unrest, it
is impossible for a live video on any social media platforms to be photoshopped.
CAN LIVE VIDEOS BE
ADMISSIBLE IN EVIDENCE?
The admissibility of
electronically generated evidence is governed by Section 84 of the Evidence
Act. The section states as follows:
(1) In any
proceeding, a statement contained in a document produced by a computer shall be
admissible as evidence of any facts stated in it of which direct oral evidence
would be admissible, if it is shown that the conditions in subsection (2) of
this section are satisfied in relation to the statement and computer in
question.
(2) The
conditions referred to in subsection (1) of this section are-
a.
That the document containing the statement was
produced by the computer during a period over which the computer was used
regularly to store or process information for the purposes of any activities
regularly carried on over that period, whether for profit or not, by anybody,
whether corporate or not, or by an individual;
b.
That over that period there was regularly
supplied to the computer in the ordinary course of those activities information
of the kind contained in the statement or of the kind from which the
information so contained is derived
c.
That throughout the material part of that
period the computer was operating properly or, if not, that in any respect in
which it was not operating properly or was out of operation during that part of
that period was not such as to affect the production of the document or the
accuracy of its contents; and
d.
That the information contained in the statement
reproduces or is derived from information supplied to the computer in the
ordinary course of those activities.
Telephones are a form of
computer and social media cannot operate without the use of computers. We have
seen court proceedings, crimes committed, confessions of crime committed,
sealing of contracts, defamatory statement, receipts of payment made and even
corroboration of a crime happening live on social media platforms. Therefore evidence generated from social
media are admissible as they fall under Section 84 of the Evidence Act. As long
as the device containing those content fulfills the requirements of Subsection
2 of Section 84.
IS SANCTIONING A MEDIA
OUTLET WHO POST LIVE VIDEOS OF AN EVENT IN BREACH OF FREEDOM OF THE PRESS
Among the fundamental rights a
person is entitled to is the right to Freedom of Expression and the Press.
Section 39 of the 1999 Constitution provides for the right of expression and
freedom of the press. Generally, an attempt to silence or restrict the press is
a breach of the constitution.
In addition with the
provisions of the constitution, Section 1.2 of the NBC Code on Coverage of
Crisis, Disorder and Emergency, Sections 1.2.6 and 1.2.7 precisely, broadcasting
stations are admonished to verify their news before posting.
With the threat of legal
action, the question is will SERAP succeed if they bring an action as the NBC
is the body in charge of broadcasting stations in the country. The NBC Code in
Section 1.2.6 states that “Broadcasters
using social media sources or any emerging technologies for coverage of
disasters and emergencies shall ensue the veracity and credibility of the
originating material and content”.
Section 1.2.7 states thus “Broadcasters in using social media
sources or any emerging technologies shall ensure due caution and
professionalism in the coverage of disasters and emergencies”.
Also the NBC cannot rely on
any other law or code to justify this sanction as Section 1 (3) the 1999
Constitution states that “If any other
law is inconsistent with the provision of this Constitution, this Constitution
shall prevail and that other law shall to the extent of the inconsistency be
void”.
What NBC would have done is to
investigate the authenticity of the news before imposing fine. The actions of
NBC does not seem sincere as this administration have been repeatedly accused
of attempting to silence the press. If they cannot prove that this news are
unverified then the fine imposed on these stations are illegal and uncalled
for. The media is an essential part of the potency of democracy therefore an
attempt to silence the media is an attempt to disrupt democracy. The only way
the fine will be tenable is if there is evidence that the videos published by these
stations are fake.
CONCLUSION
The action of NBC reminds
people of the proposed plan to curtail hate speech by censoring social media
which have received serious backlash from citizens. With the distrust citizens
have for the government, actions taken like that of NBC will only create more
doubt and distrust of the government. The Digital Forensic Research Lab noted
that the videos showing the shooting are authentic. The fine itself lost its
credibility when the Nigerian Army admitted that they were sent by the Lagos
State government to contain the unrest.
For a satisfying fact check,
the NBC is expected to investigate the authenticity of whatever videos shared
by these broadcasting stations before imposing any form of fine on them.
Article
by Freda Odigie.
Legal
Practitioner at E.A Otokhina & Co
![Visas And Permits Under The Nigerian Immigration Law[1] | KHALID ABDULKAREEM](https://legalnaija.com/wp-content/uploads/2020/11/khalid-visa2.png)
by Legalnaija | Nov 2, 2020 | Uncategorized
1.0. Introduction
The sources of the Nigerian
Immigration Law are divided into primary and secondary sources. The primary
sources mainly consist of the Immigration Act, 2015, Immigration Regulations,
2017 and the Nigerian Visa Policy, 2020, while the secondary sources are the
1999 Constitution as altered and Nigerian Oil and Gas Industry Content
Development Act 2010. Embedded under these laws are visas and permits that must be obtained by
foreigner desirous of entering into the country for one reason or the other.
The Nigerian Immigration Service is the body statutorily mandated and empowered
to issue or grant such visas and permit.
This article serves as a summary exposition of these relevant visas and
permits.
2.0. Classes of visas
available under the Nigerian Law
The categories of visas existing and
obtainable by expatriate under the Nigerian law include the following;
(a)
Transit
Visa/ Entry Permit
This
visa is applicable to foreigners travelling to destinations other than Nigeria
but having reason to stop in Nigeria with visa to their destination. To be
eligible, such foreigner must have a confirmed ticket to his/her final
destination with adequate fund.
(b)
Business
Visa
Business
Visa is meant for foreigners who are interested in establishing business or
investment in Nigeria. It is valid for the period of three months but is
invalid for employment purposes.
(c)
Tourist
Visa
Foreigners wishing to visit
Nigeria for the purpose of tourism or to visit family and friends are required
to obtain tourist visa. Requirement for issuance of tourist visa includes;
evidence of sufficient funds, evidence of hotel accommodation and flight
itinerary. The visa is not valid for employment.
(d)
Diplomatic
Visa
Apart
from being entitled to diplomatic immunity, diplomats and member of their
families are also entitled to diplomatic visas. Eligibility to diplomatic visa
also extends to visiting head of states and their families, top officials of
government and their families, members of accredited international
non-governmental organisations and international organisations.
(e)
VISA
ON ARRIVAL
The
Visa on Arrival channel is available at the port of entry into the Country.
This is available for those whose visa application falls within the qualifying
classes of visas; these include frequent business travellers, emergency relief
workers and holders of passports of African Union countries.
(f)
Subject
to Regularisation Visa (STR)
Foreigners
who seek to work with individuals, corporate bodies or governments in Nigeria
need a STR to do so. Where the position to be occupied by the foreigner is
Chief Executive Officer of the Corporate Organisation, there will be need for
the extract of the minutes of the Board’s resolution.
(g)
Temporary
Work Permit Visa
This
is a short-term employment (TWP visa) is a single entry work visa issued to
foreign nationals to carry out short-term specialised work such as; Audits and
accounts, consultancy services, installation and repairs of specialised
equipment and machineries , maintenance repairs and feasibility studies. A TWP
may be extended for two months with the approval of the Comptroller General of
Immigration.
(h)
Expatriate
Quota
Expatriate
Quota is an approval granted to companies or registered firms to employ the
services of expatriates with relevant competences. One significant use of the
expatriate quota is that it is meant to create an avenue for Nigerian employees
to understudy their expatriate counterparts during the validity of its
issuance.
The two types of expatriate quota
positions are;
(i)
Permanent
Until Review (PUR)
The
PUR expatriate quota is granted on a permanent basis usually to the benefit of
a person occupying a top management position in the company e.g. Chairman or
Managing Director.
The essence of applying for and obtaining the PUR is to exclude these employees
from the hassle that may be experienced in the course of periodic renewal of
residence permits and also to ensure that the local company is able to protect
its investment.
(ii)
Temporary
Expatriate Quota
This
type of expatriate quota is usually reserved for the position of Director and
other employees of the company for between one and three years.
(i)
Combined
Expatriate Residence Permit And Aliens Card (CERPAC)
The CERPAC is a
permission granted to Foreigners to live and work in Nigeria for up to two
years, which is subject to renewal and validity of the expatriate quota. It is
a work and resident permit required for any foreigner to reside in Nigeria for
any lawful purposes excluding Diplomats; Government Officials, Niger Wives;
and Non- Governmental Organizations (NGOs) who are granted CERPAC gratis. The
card is valid for two years, after which application for revalidation must be
made.
The two type of CERPAC are;
(i)
CERPAC Green Card
This card allows foreigner to reside in
Nigeria and carry out an approved activity as stated on the permit or to
accompany a resident or citizen of Nigeria as a dependant.
(ii)
CERPAC Brown Card
This card is mainly a movement chart for
every foreigner in Nigeria or visiting with the intention to remain in the
country beyond 56 days in accordance with registration requirement under the
law. It is also applicable to crew members leaving their ship and staying
ashore in excess of 28 days.
3.0. Concluding Remarks
Conclusively,
this piece has basically dealt with some of the required visas and/or permits
that foreigners seeking to come in to the Country must obtain. Where any
foreigner is found wanting or guilty of non-compliance with the requirements as
set out under the Immigration Law would be subjected to stringent penalties –
ranging from administrative fines to imprisonment and deportation.
Profile
of Khalid Adulkareem:
Khalid
Adulkareem is an associate at Omaplex Law Firm with broad and in depth
understanding in the following areas Immigration Law and Intellectual Property Law,he has advised
and facilitated several transactions
including commercialization of their intellectual
property rights and other areas.
Section 36(1) of the Act and Regulation 12 (1) and (2) of the
Regulation. Also, under Section 33 (1) of the Nigerian Oil & Gas Industry
Content Development Act 2010 operators shall make application to, and receive
the approval of, the Nigerian Nigerian Content Development and Monitoring
Board before making any application for expatriate quota to
the Ministry of Internal Affairs or any other agency or Ministry of the Federal
Government
by Legalnaija | Oct 31, 2020 | Uncategorized
The lawyers’ group known Digital Rights Lawyers Initiative (DRLI) has filed a suit against the National Broadcasting Commission for the fines the agency recently imposed on three television stations namely ARISE TV, Channels TV and AIT. In the suit filed at the Federal High Court, Abuja, on Friday 30th October, 2020 and marked FHC/ABJ/1441/2020 the NGO, whose main objective is to protect and promote digital rights of citizens including freedom of expression, essentially alleges that the sanction and fine imposed on the television stations creates a chilling effect on freedom of expression and constitutes an unjustifiable interference of its members’ right to freedom of expression particularly, their right to receive ideas and information from the sanctioned television stations.
The suit, which was filed by the organization’s lawyers, Solomon Okedara and Olumide Babalola, seeks the following reliefs from the court:
i. A DECLARATION that the Respondent’s arbitrary act of sanctioning and imposing fine of Three Million Naira (N3,000,000) on each of ARISE TV, CHANNELS TV and AIT purportedly in line with Sections 5.6.3 and 5.6.9 of the Nigeria Broadcasting Code creates a chilling or stifling effect on freedom of expression and is likely to interfere with the right of the Applicant’s members to freedom of expression, particularly, their right to receive ideas and information without interference as guaranteed by section 39 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004.
ii. A DECLARATION that the fine of Three Million Naira (N3,000,000) imposed on each of ARISE TV, CHANNELS TV and AIT indeed constitutes an interference to the Applicant’s members’ right to freedom of expression, particularly, their right to receive ideas and information without interference guaranteed by section 39 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004.
iii. A DECLARATION that the respondent not being a judicial body lacks the power to impose fines on any broadcaster, including fines imposed on ARISE TV, CHANNELS TV and AIT and the imposition of such fines is null and void.
iv. A CONSEQUENTIAL ORDER of setting aside the fine of Three Million Naira (N3,000,000) imposed on each of ARISE TV, CHANNELS TV and AIT as same was unlawfully imposed.
v. A PERPETUAL INJUNCTION restraining the Respondent, its officers, agents and/or representatives from imposing sanctions or fines or excessive, disproportionate, unlawful and indeed unconstitutional restrictions on television stations including ARISE TV, CHANNELS TV, AIT and other television or radio stations which will interfere with the Applicant’s members’ right to freedom of expression, particularly, their right to receive ideas and information without interference.
vi. AN ORDER of award of sum of One Million Naira only (N1,000,000) to the Applicant as the cost of this action.
vii. AND SUCH OTHER ORDER (S) as this honourable Court may deem fit to grant in the circumstance.
Speaking, after the suit was filed, Solomon Okedara noted that the protection of the Applicant’s members’ right to receive ideas and information is not just required for proper for their proper development in all facets of life but it is indeed a matter of their fundamental right to freedom of expression which cannot just be toyed with by any person or entity. Okedara further noted that ensuring a free and independent media is not just a matter of discretion of the government or regulatory agency but a mandatory requirement for a democratic society.
by Legalnaija | Oct 28, 2020 | Uncategorized
The World Trade Organization is an intergovernmental organization that is concerned with the regulation of international trade between nations. It was founded on the 1st of January, 1995 and has 165 members.
The WTO was born out of negotiations, and everything the WTO does is the result of negotiations. The bulk of the WTO’s current work comes from the 1986–94 negotiations called the Uruguay Round and earlier negotiations under the General Agreement on Tariffs and Trade (GATT). The WTO is currently the host to new negotiations, under the ‘Doha Development Agenda’ launched in 2001.
Some of its duties include;
– It is an organization for trade opening.
– It is a forum for governments to negotiate trade agreements.
– It is a place for them to settle trade disputes.
– It operates a system of trade rules. Essentially, the WTO is a place where member governments try to sort out the trade problems they face with each other.
Nigeria has been a WTO member since 1 January 1995 and a member of GATT since 18 November 1960. Nigeria, on 9 June 2020, nominated Dr Ngozi Okonjo-Iweala for the post of WTO Director-General to succeed the current Director-General, Mr Roberto Azevêdo, who has announced he stepped down on 31 August 2020.
The nomination period for the 2020 DG selection process ended on 8 July, with eight candidates nominated by their respective governments. On 31 July, the General Council agreed that there would be three stages of consultations with WTO members commencing on 7 September to assess their preferences and to determine which candidate is best placed to attract consensus support.
The General Council Chair announced on 18 September the results of the first round of consultations and the five candidates advancing to the next stage. On 8 October, he announced the results of the second round of consultations and the two candidates advancing to the third round.
Nigeria’s Ngozi Okonjo-Iweala is slated to be the first woman & African to lead the institution. However, the US has has refused to support her candidacy. Final outcome will now be decided Nov 9!
by Legalnaija | Oct 26, 2020 | Uncategorized
The Government of the Federal Republic of Nigeria is
guided by the fundamental objectives and directive principles of state policy
as contained in Chapter II of the Constitution of the Federal Republic of
Nigeria 1999 (as amended). The most fundamental objective and primary purpose
of any government that is founded on the Constitution shall be the security and
welfare of the people. Accordingly, the Government (including the federal and
state governments) must prioritize the security and welfare of its Citizens at
all times. This is by virtue of the provisions of Section 14(2)(b) of the
Constitution.
It is a fundamental principle of interpretation of
Statutes and the Constitution that sections/provisions of the law are not read
in isolation, but are rather read as a whole. Therefore, when trying to
understand what the drafters of the Constitution intended in Section 14(2)(b)
of the Constitution, it is important to read the said subsection together with
the provisions of the preceding Section 14(1) and 14(2)(a) of the Constitution.
Section 14(1) of the Constitution provides thus:
“Section 14(1) – The Federal
Republic of Nigeria shall be a State based on the principles of democracy and
social justice.”
Section 14(2)(a) and (b) provides thus:-
“Section 14(2) – It is hereby, accordingly,
declared that –
(a) sovereignty belongs to the people of Nigeria from whom government through
this Constitution derives all its powers and authority;
(b) the security and welfare of the
people shall be the primary purpose of government; and
(c) The participation of the people in the government shall be ensured in
accordance with the provisions of this Constitution.”
The marginal note of Section 14 of the Constitution is
termed as “the Government and the people.”
Therefore, a community reading of the entire provisions of Section 14 of the
Constitution (together with the marginal note) evinces the intention of the
framers of the Constitution to vest the sovereignty of the Federal Republic of
Nigeria in the people from which the Government is to derive all its powers and
authority through the Constitution. The importance of the provisions of Section
14(2)(a) of the Constitution is that it makes the Government directly
answerable to the people who donate sovereignty to it. Hence, a direct social
contract is created by virtue of this provision, in which the people donate
power to the Government, and in return, the Government is to perform the
various functions and responsibilities stated in the contractual document: the
Constitution. The chief responsibility of the Nigerian Government by virtue of
this Constitution is the security and welfare of the people.
The precise words of this section of the Constitution implies
that the Nigerian Government (including the federal and state governments) must
be preoccupied and concerned with the security and welfare of the citizens at
every point in time. Any Government that refuses to preoccupy itself with this
primary responsibility of prioritizing the security and welfare of the people
would therefore lack the sovereign backing of the people.
In the same vein, by virtue of the provisions of
Section 14(1) of the Constitution, the Nigerian Government (both federal and
state Governments) must be premised on the principles of democracy and social
justice at all times. Democracy as famously described by Abraham Lincoln is the
Government for the people, of the people and by the people. The intention of
the drafters of the Constitution is more pronounced when the provisions of
Section 14(1) is juxtaposed with the definition of democracy and the provisions
of Section 14(2) of the Constitution which points to the unassailable
conclusion that any Government which is not “for the people” and which cannot
provide security and welfare for its people does not qualify to be a Legitimate
Government as intended by the framers of the Constitution.
The provisions of Section 1(2) of the Constitution lends
further credence to this interpretation.
The said Section 1(2) provides thus:
“The Federal Republic of Nigeria shall
not be governed, nor shall any person or group of persons take control of
the government of Nigeria or any part thereof, except in accordance with the
provisions of the Constitution.” (underlining ours).
The simple and literal meaning of this section of the
precious and organic document called our Constitution is that Nigeria shall
only be governed in accordance with the provisions of the Constitution.
Therefore, any attempt to govern any part of Nigeria in such a way that
deviates from the express words of the Constitution will amount to an
illegality and an unconstitutionality. Hence, any Government which does not pay
credence to the provisions of the Constitution is dabbling in illegality.
It is trite that sovereignty is one of the sine qua non for any legitimate
government. Any Government that does not possess or cannot trace its sovereignty
is at best, a puppet government as it lacks the autonomous quality to operate
as a State strictu sensu.
The fulcrum of this article has been on the
interpretation of Section 14 of the Constitution of the Federal Republic of
Nigeria 1999 (as amended). However, it has been argued that the provisions of
Section 14 which falls under Chapter II of the Constitution is non-justiciable
by virtue of the provisions of Section 6(6)(c) of the Constitution which
provides thus:-
“Section 6(6) – The judicial powers
vested in accordance with the foregoing provisions of this section –
(d) Shall not, except as otherwise provided by this Constitution, extend to
any issue or question as to whether any act or omission by any authority or
person or as to whether any law or any judicial decision is in conformity with
the Fundamental objectives and Directive Principles of State Policy set out in
Chapter II of this Constitution;”
This writer submits that the non-justiciability of the
provisions of Chapter II of the Constitution does not render the entirety of
that Chapter otiose or moot. The provisions of Section 6(6)(c) of the
Constitution only serves to prevent the judiciary – the Courts – from enquiring
into the validity of any act or omission done, or not done, pursuant to the
provisions of Chapter II of the Constitution. In other words, the provisions of
that Chapter cannot be enforced or questioned in a Court of law.
However, this does not mean that the provisions of
Chapter II are hereby rendered academic and of no practical purpose. The Courts
are set up to determine civil rights and obligations of Nigerian Citizens.
(Please see Section 6(6)(b) of the Constitution). However, as earlier
established, sovereignty is vested in the people by virtue of the Constitution
and it is through this Constitution that the Government exercise all authority
and powers which it purports to have. It has also been established that
sovereignty is a fundamental element which every government must possess before
it can purport to operate as a state.
Therefore, this writer submits that any Government
which cannot confidently tick all the important boxes contained in Section 14
of the Constitution is an unconstitutional government. For the avoidance of
doubt, any Nigerian Government which cannot boast of:-
a. being based on the principles of
democracy and social justice or which does not listen to the wishes of the
people; and
b. placing premium on the security
of welfare of the people at all times; and
c. allowing the people to directly
participate in the government in accordance with the provisions of the
constitution;
is an illegitimate government and one does not need
the Courts to invoke its judicial powers under Section 6 of the Constitution to
declare it as such. Another fundamental element of statehood (apart from
sovereignty) is equal recognition by other states. A Government which purports to be an
autonomous government needs to be recognized as such by other sovereign
Governments else that Government will not be seen by the international
community as the machinery of the state through which the will of its people is
formulated. Such a Government which is not afforded sovereign status in the
international community will find it difficult protect the interests of its
people.
Therefore, any Nigerian Government which cannot show
that it can confidently secure the lives and properties of citizens within its
territory has no business in parading itself as an autonomous government. In
addition, when such government is notorious for abusing the principles of
fundamental principles of democracy and social justice, such a government
stands the risks of losing its statehood in the international community.
I am Oluwanonso_Esq on Twitter.
by Legalnaija | Oct 23, 2020 | Uncategorized
The Nigerian Electoral system is a work in
progress, and one of its challenges is voter registration and collection of
Permanent Voters Card (PVC). During the last election cycle, Continuous Voter
Registration (CVR) across the country commenced on 27th April, 2017 and ended on
the 31st of August, 2018. Though the exercise lasted for about 16
(Sixteen) months, many stakeholders and citizens called for an extension of the
exercise.
According to the Independent
National Electoral Commission (INEC), as at the 11th of February,
2019, out of the 84,000,484 registered voters, over 11 million registered
voters were yet to collect their PVCs, a figure that represents 13.7% of the
total PVCs produced. Out of this figure, 7,817,905 PVCs were carried over from
the 2014 to 2016 registration exercises, while 3,410,677 are from the last
Continuous Voter Registration (CVR) exercise held between April 2017 and August
2018.
Beginning the process of voter registration
early allows INEC enough time to clean up the provisional register and print
the Permanent Voters Card (PVC) in good time for the general elections. Most
importantly, it allows citizens enough time to be duly registered and obtain
their Permanent Voters Card in order to be eligible to vote. The INEC Chairman
has stated that we are now 848 days from the 2023 Presidential Elections, which
allows INEC 27 months to plan for the election but only about 20 months to
carry out its Continuous Voter Registration, assuming it resumes the exercise
immediately.
If 16 months was not enough time to carry out
a voter registration exercise in 2018, I believe we should be taking advantage
of the remaining 20 months. Moreso, because of the millions of voters who
reached voting age, after the 2019 Elections, and the number of voters who
were left unregistered in 2018, it is safe to assume that INEC has its work cut
out for it as we prepare for the 2023 Elections.
So why hasn’t INEC resumed the Continuous
Voters Registration exercise, despite the promises made in 2018, that the
process will resume immediately after the 2019 elections? Are we already
planning to fail at the 2023 elections?
Please sign this petition for INEC to resume Voter Registration ahead
of the 2023 General Elections http://chng.it/tkzkp2JY via
Change.org
Adedunmade Onibokun
Partner, AOC Legal
dunmadeo@yahoo.com
