BUY NOW: The Ultimate Guide To Social Media For Lawyers

by Legalnaija | Nov 9, 2020 | Uncategorized

Everyone
that has read Social Media For Lawyers has found the book useful for creating
online visibility for their law practice, and they also say they will recommend
the book to a colleague, but don’t just take our words for it, read some of
their remarks below;

Learn The Nigerian Constitution By Registering For This Class

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 

#EndSARs: Can Live Video Evidence Be Relied Upon? | Freda Odigie

by Legalnaija | Nov 4, 2020 | Uncategorized

On the 20^th 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 26^th 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

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[2]

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[3]

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[4]

                                                                               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[5]

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;[6]

(i)               
Permanent
Until Review (PUR)[7]

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.[8]
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.[9]

(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)[10]

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[11];
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.

DRLI sues NBC over punitive fines against ARISE TV, Channels TV and AIT

by Legalnaija | Oct 31, 2020 | Uncategorized

What You Need To Know About The World Trade Organization

by Legalnaija | Oct 28, 2020 | Uncategorized

Security, Welfare And Legitimacy – Nonso Anyasi

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.

With Only About 20 Months Left, Sign This Petition For INEC To Resume Continuous Voter Registration (CVR) | Adedunmade Onibokun

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 31^st 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 11^th 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 

The #EndSARS Protest: What Next – Adedunmde Onibokun

by Legalnaija | Oct 22, 2020 | Uncategorized

 My fellow Nigerians,

The last few days have been pivotal in our desire
for a Nigeria, where justice, equity and fairness are the order of the day,
where our fundamental human rights to life, personal dignity and humane
treatment shall be respected. Our leaders, neighbours and the international
community have heard our call to action.

Our biggest achievements however are we have
shown the world our capacity for demonstrating empathy towards each other,
courage, leadership, fellowship and unity. Over the past few weeks not only did
we take responsibility for the growth of our country but we organized ourselves
in a way never before seen by young Nigerians. Most importantly, we were able
to secure the commitment and action from government and the Nigerian Police to
#EndSARS and #Endpolicebrutality in Nigeria.  

However, the events of the last 48hrs has
shown us that we have not achieved our goal, the response of security forces to
the peaceful demonstration of young Nigerians show that the problem is not only
the Special Anti – Robbery Squad but also the need to reform the Nigerian
Police and promote credible and accountable leadership in Nigeria.

The peaceful protests are a start in the right
direction and we must ensure that the legacies of our fellow Nigerians who paid
the ultimate price in our struggle for sustainable governance in Nigeria are
not wasted. That the sacrifice of everyone who participated in the #EndSARS
campaign, sustained injuries and were subject to threats to their lives are not
for nothing.

To achieve this I propose the following –

1.    
The #EndSARS Protests

While protests is a
strong way of showing disapproval, as seen from recent events, it is not immune
to manipulation and can easily be turned into a riot. Holding a protest though
the most popular way of showing dissent is only one of the over hundred ways of
non – violent action and I urge young Nigerians to become creative in using the
peaceful protests to send clear messages. Demonstrators should become more
strategic with the protest, they must always be peaceful, organized and not
fall below the recent standards that have been applauded by everyone.

2.    
Political Will &
Participation

You will agree with me that political Will is needed to create the type of democracy we want,
however, the political structures of today are in the hands of career
politicians who have led this country since the 70s and 80s and have shown time
and time again that their loyalty is to themselves. It is high time young Nigerians
grab this political structures and we can achieve this by participating
actively in governance and politics. Let us register to vote in huge numbers
and join political parties so we can influence the structures from the inside.

3.    
Community Outreach

A lot of
misinformation has been peddled both online and offline. It is our duty to
begin to reach out to stakeholders in our communities and carry them along in
our plans for a better Nigeria. Those touts who are not engaged will be used by
unscrupulous politicians to scuttle any progress that is achieved, so it’s
important that we bring everyone on onboard as well. Like it is said, all
politics is local so we must begin to use our local contacts in asking for accountability
and governance from our leaders.

4.    
Facilitators

The #EndSARS movement
has no perceived leadership structure but it has leaders, we successfully crowd
sourced a leadership structure that saw everyone taking responsibility. We had
people like @fkabudu, @moechievous and @adetolaov take up the responsibility of
organizing and in the process built a national legal aid structure. We had
volunteers in teams such as legal, emergency services, security, welfare and
others.

I want to urge everyone
to continue to lead by example. We are all stakeholders in the clamour for a
better Nigeria and the victory of one is a victory for all.

5.    
Engagement

We cannot stop
engaging with stakeholders and government representatives as we have been doing
recently. In fact, we must increase our level of engagement at this time. Contact
any and all government representatives you know and engage them on their
respective deliverables. We must monitor and supervise the government and our
elected officials to ensure that they are carrying out their duties and
functions satisfactorily.

In the words of Patrick Lumumba, “The day Nigeria wakes up, Africa will never
be the same again”.  Young Nigerians
have woken up and our struggle is not only for a better Nigeria but for a greater
Africa. The world is counting on us, our African brothers and Sisters are in
solidarity with us and it is time we show the leadership that is lacking in our
polity.

Thank you for reading. God bless the Federal Republic of Nigeria. #EndSARS 

Adedunmade is a Nigerian Lawyer, Author and
Blogger. Youcan contact him via @adedunmade on social media and via dunmadeo@yahoo.com

Why Impeachment Proceedings Should Begin Against President Buhari Immediately

by Legalnaija | Oct 21, 2020 | Uncategorized

If you are a friend, visitor
or lover of Nigeria, you are definitely aware of what is going on in the
country at the moment. Young Nigerians who signified their discontent with
police brutality through the #EndSARS hashtag had been staging peaceful
protests all over the country until recently, when the process led to loss of
lives and what is now being described as a full scale massacre of innocent demonstrators,
perpetrated by state agents and security forces.

Yesterday, 20^th
of October, 2020, which is now called #BlackTuesday, the Nigerian government ordered
soldiers to open fire on demonstrators, an action which has now resulted into
the loss of tens of lives and also destruction of both public and private
property. Social Media is currently awash with videos and photos of security
agents killing unharmed citizens, some while the citizens were seen fleeing for
their lives.

So why should President
Buhari be impeached? If you are familiar with the antecedents of this
government, you will agree that they have cracked down hard on dissent and have
regarded any questions from the people as a direct challenge to their
administration. Take a cue from Sowore, who called for a revolution in the country
and how his fundamental human right were breached by State Agents and the Attorney
– General of the Federation was heard in several interviews saying that any
attempt to replace the government by unconstitutional means will be met with
force. It is evident that this government is incapable of providing the kind of
leadership that this country needs going forward, for instance since the deaths
of Nigerian youths, the President has failed, refused and neglected to address
the nation, despite a call from all areas of the country and most recently by
the National Assembly. President Buhari still remains silent.

A look at our constitutional
provisions, particularly Section 143 (2) states that a President can be impeached
whenever a notice of any allegation in writing signed by not less than
one-third of the members of the National Assembly:- (a) is presented to the
President of the Senate; (b) stating that the holder of the office of President
or Vice-President is guilty of gross misconduct in the performance of the
functions of his office, detailed particulars of which shall be specified.

The above paragraph now begs
the question what can be described as “gross misconduct” under the
constitution? The Supreme Court in Inakoju
& Ors vs. Adeleke & Ors (2007) LPELR – 1510 SC, describes it to
mean “a grave violation or breach of the provisions of the Constitution or a
misconduct of such nature, as amounts in the opinion of the National Assembly
to be a gross violation.

What has President Buhari
done that may be seen as a gross violation of the Constitution?

1.      President
Buhari breached the fundamental rights of Nigerians when he ordered the military
to shoot at citizens who were demonstrating for an end to police brutality, in
breach of Section 33 of the Constitution, which provides that; Every person has
a right to life, and no one shall be deprived intentionally of his life, save
in execution of the sentence of a court in respect of a criminal offence of
which he has been found guilty in Nigeria.

2.  President
Buhari breached the rights of Nigerian Citizens to lawful assembly as provided
in Section 40 of the Constitution, when he ordered security operatives to disperse
lawful and peaceful demonstrators through violence.

From the above, it is
evident that by President Buhari ordering and/or condoning the shooting of
unharmed demonstrators, the President has directed the very killing of the
citizens he swore to protect and if this is not an impeachable offence, I don’t
know what is.

Adedunmade Onibokun