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The Importance Of A written Letter Of Guarantee | Adedunmade Onibokun

The Importance Of A written Letter Of Guarantee | Adedunmade Onibokun

by | Oct 9, 2018 | Uncategorized

A letter of guarantee can be
described as some sort of promise, it denotes that the giver of the guarantee
promises to carry out an act on behalf of another. A good illustration will be
a letter of guarantee given to a creditor, by this letter of guarantee, the
guarantor promises/guarantees to settle the debt of the debtor, should there be
a failure on the part of the debtor. Usually, it seeks to assure the creditor
of a return on the loan or debt sum.

A Supreme Court Justice, Per Onnoghen, JSC in Khaled B. Chami v. U.B.A. Plc (2010)6 NWLR
Part 1191, 474 at Page 501
defined a guarantee as –  “a written undertaking made by one person to
another to be responsible to that other person if a third person fails to
perform a certain duty e.g. payment of debt, the guarantor (or surety as he is
sometimes called) becomes liable for the said debt”.

The above provision of the law is also stated
by Akpata JSC in Royal

Exchange
Assurance (Nig) Ltd & Ors v. Aswani Textile Industries Ltd (1992) 3 NWLR
Part 2271
at Page 13,
wherein His Lordship held that – “A guarantee is a
written undertaking made by one person to a second person to be responsible if
a third person fails to perform a certain duty, e.g. pay a debt”.

It is settled law that where a person
personally guarantees the liability of a third party by entering into a
contract of guarantee or suretyship, a distinct and separate contract from the
principal debtor’s is thereby created between the guarantor and the creditor.

Also,
it is important to note that the contract of guarantee so created can be enforced
against the guarantor directly without joining the principal debtor in the
proceedings. The above –  mentioned
position is further illustrated in the pronouncement of the court in Olujitan v. Oshatoba (1992) 5 NWLR (Pt 241)
326.

One elementary
but fundamental principle of law is that a contract of guarantee must be in
writing in order to be binding on the guarantor. In  F.C.M.B. v. S. A. I. C. Ltd (2007) ALL FWLR
(Pt. 363) 133 at 146 para.s. G – H (CA); the court held that for a
contract of guarantee to be binding, it has to be in writing, evidencing an
agreement between the parties. Furthermore, the
legal nature of a guarantee requires that there be a valid contract of
guarantee between the surety and guarantee as stated in Olam
(Nigeria) Limited v. Intercontinental Bank Limited (2009) LPELR-8275(CA).

For it is the existence of the Contract of Guarantee
that proves a contractual relationship between the parties. In essence, once
there is no privity of contract between the parties, a party cannot enforce
such a contract as held in Union Bank of Nigeria Plc v. Soares (2012)
LPELR-8018(CA).

The lesson therefore is that if one must enter into
a guarantee agreement, for it to be valid, it must be in writing.
Adedunmade
Onibokun

@adedunmade


Photo Credit – www.ethnews.com

Legalnaija Law Tip

Legalnaija Law Tip

by | Oct 8, 2018 | Uncategorized

Dear Business person, Contractual Agreements which have neither been fraudulently nor illegally entered into by parties, must in all respects be observed or enforced. 
Have you got any questions on the validity of an agreement, send us a DM or post a comment

Learn & Share
#contracts #lawyer #lagoslawyer #blawg #legalnaija #legaleducation #lawyerlife #lagos #abuja

NBA Nominates Gender Expert To EU-Nigeria-UNODC-CTED Partnership Project III

NBA Nominates Gender Expert To EU-Nigeria-UNODC-CTED Partnership Project III

by | Oct 2, 2018 | Uncategorized

The President of the Nigerian Bar Association,  Mr. Paul Usoro SAN FCIArb has forwarded the nomination of Professor Joy Ngozi Ezeilo, OON, Dean, Faculty of Law, University of Nigeria, Enugu Campus to represent the Nigerian Bar Association on the EU-Nigeria-UNODC-CTED Partnership Project III on Strengthening Criminal Justice Responses to Terrorism and Violent Extremism” funded by the European Union, which is slated for 3rd-5th October, 2018 in Abuja, Nigeria.

Professor Ezeilo is a respected scholar and expert in gender issues.

Politics Must Not Debase The Rule Of Law | Paul Usoro SAN

Politics Must Not Debase The Rule Of Law | Paul Usoro SAN

by | Oct 2, 2018 | Uncategorized

The Nigerian Bar Association (“NBA”) felicitates with President Muhammadu Buhari, GCFR, the Federal Government of Nigeria, the States and Local Governments of the Federal Republic of Nigeria and indeed every Nigerian on Nigeria’s attainment of 58 years of independence and sovereignty. We certainly have plenty to thank the Almighty for, particularly when we recall that our unity as a nation was sorely tested and almost shattered by and during the Nigerian Civil War. Indeed, our unity has been severely tested a number of times before and after the Civil War and remains a work-in-progress even today. That should not be, after 58 years of independence and sovereignty as a nation. 
This should indeed be a reflection point for our leaders on this Independence Anniversary day. A 58-year old man should, if he is not afflicted by some debilitating illness, be, in the prime of life and, in all respects mature and able-bodied. In making excuses for our 58-year old country, we often fall back on the arcane saying that “Rome was not built in a day” and that a country’s journey to maturity takes longer than that of an individual or a person. 
That is not true or correct. Singapore, illustratively, attained self-government in 1959 and became an independent and sovereign nation in 1965 after the collapse of its merger with Malaysia in 1963 and, as at date, that country is miles ahead of Nigeria in terms of development. Yes, Singapore does not have our population size and diversity with its attendant challenges, but it also does not have the gamut of our natural resources ranging from mineral resources, fertile arable land, a pool of talented citizens who continuously make us proud outside Nigeria.
What has consistently been lacking in our country is, perhaps, the ability to coalesce these abundant resources and talent which, it must be emphasized, can be found in all the nooks and crannies of this great country, into a unified and productive whole that could and would easily turn Nigeria into the figurative Eldorado and, in the process, turn our diversity into strength and our abounding population into a productive work force. These are reflections that must today occupy the minds of our leaders, of all strata, as we mark 58 years of Nigeria’s independence and declaration as a sovereign nation. This is also particularly apposite as we enter another season of National Elections, the precursor of which has been the recently conducted Osun State Governorship Election. With that in mind, our leaders need to consciously resolve, on this Independence Anniversary day of our nation, to make a difference in the lives of our people. Governments at all levels must renew their pledges to work for the betterment of the lives of our people thereby recording tangible dividends of independence for the Nigerian people.
In that respect, the NBA applauds the initiative and maturity of the Nigerian Labour Congress (“NLC”) in calling off its indefinite labour strike on the eve of our Independence Anniversary. Their maturity in calling off the strike should not be misunderstood as a lack of merit in labour’s demand for an increased minimum wage, from the stagnant N18,000.00 (Eighteen Thousand Naira only) that takes no account of inflationary and living condition trends. It is our hope and expectation that the Government negotiators will continue apace with the labour negotiations, notwithstanding the fact that the strike has been called off and, in the process, achieve a resolution that the parties could live with. In making this call, we must remember that the independence of Nigeria was attained through the efforts of our rainbow coalition of nationalists some of whom were labour leaders. Indeed, when we refer to “the labours of our heroes past” we must be understood to refer to the labours of all “our heroes past”, made up of all hues and colours of nationalists and activists, including but not limited to labour leaders, jurists, captains of industries and of course, our political leaders.
Those labours of our heroes past, we must continue to insist, must not be in vain. That reminder is particularly relevant as we launch into the 2019 political season. Our leaders need to be reminded that politics and the quest for offices must not divide our people; politics must not lead to violence and the deaths of our people; politics should and must unify us; politics must yield for our people not only the dividends of Independence but also the dividends of democracy. Politics must lead to abundant employment for our teeming youths; politics must give us clean, affordable, uninterrupted energy/electricity which would activate and unlock economic productivity and prosperity for our people. Politics must provide us with quality education, potable water, security of lives and property, affordable and quality health care and quality living standards. 
Politics must translate into sustainable governance and institutions that would yield for the Nigerian people all the positives afore-specified. Politics must provide our diverse peoples with equal opportunities, without discrimination, taking note of our diversity and the need for inclusion of all our peoples. Politics must not be our bane; it must be for us, a unifying force and the vehicle for our prosperity and enhanced living standards. These are the critical issues that must occupy our leaders’ minds on this Independence Anniversary day and beyond.
Finally, politics must not be allowed to debase our temple of justice and the rule of law in our country. Our judiciary and the rule of law must remain sacrosanct. The converse of the rule of law, we must always remember, is anarchy and we do not want to descend into that abyss. We must not, in the name of politics and for political reasons pollute our fountain of justice. The judiciary is one institution that has constantly kept our country united through its pronouncements; the decisions of our courts more often than not ward off ethnic strives, political unrests, chaos, bedlam and riots – the fingerlings of anarchy. We remain eternally grateful to Their Lordships for their services to our Fatherland and pray for continuous Divine wisdom and guidance for them as we journey into another year of national elections. We admonish the political class and indeed, the people of Nigeria, to continue to have faith in our judicial system even as we, the workers and ministers in Nigeria’s temple of justice, must, by our conducts, words and deeds imbue in our people that faith and confidence in our justice sector. It is not sufficient for us to call on the political class not to pollute our judiciary with their politics, partisanship, rivalries and enmities; it is seemly as well that we, as workers and ministers in Nigeria’s temple of justice – ranging from Their Lordships to lawyers and other stakeholders in the justice sector – constantly remind ourselves of the need to uphold the core values and sanctity of our noble profession in and through our words, deeds, actions and conducts, at all times.

The Nigerian Bar Association commends these thoughts to all Nigerians and hopes that these would and should serve as constant reminders for us on our journey to greatness, on our journey to a strong, united and prosperous Nigeria where the rule of law shall continue to prosper, abound and prevail.
Long live the Federal Republic of Nigeria. Long live the Nigerian Bar Association.

Paul Usoro, SAN, FCIArb President Nigerian Bar Association
Report of The Nigerian Bar Association Election Working Group (Nba-Ewg) On The Osun State Governorship Election Held On The 22nd Day Of September, 2018.

Report of The Nigerian Bar Association Election Working Group (Nba-Ewg) On The Osun State Governorship Election Held On The 22nd Day Of September, 2018.

by | Oct 1, 2018 | Uncategorized

Introduction  The
Independent National Electoral Commission (hereinafter referred to as INEC)
conducted the Osun Governorship Election on the 22ndday of September,
2018. 

The Reference The Nigerian Bar Association Election Working
Group was mandated by the Nigerian Bar Association to observe the elections,
ascertain and be able to comment on the extent of the conformity of the
processes and procedures for the conduct of elections in Nigeria with regional
and international standards and best practices. For the Osun State Governorship
Election, its terms of reference encompassed the following:   1. To carry out a pre- and post-election
assessment of the state of preparedness for the conduct of the gubernatorial
elections in Osun State and make determination on whether all the political
parties, candidates and other stakeholders are afforded the rights and freedom
to campaign and canvass for votes in a free and fair atmosphere.

2. To observe relevant aspects of the election activities and
conduct of the Gubernatorial Elections and assess the state of preparedness of
the Independent National Electoral Commission, the security agencies and other
relevant stakeholders. 

3. To consider various factors that may affect the conduct
and credibility of the electoral process as a whole.

4. To determine whether conditions exist for a free
expression of the will of the people. 5. To propose to the Independent National
Electoral Commission such required actions on institutional, procedural and
other matters as would assist in advancing the electoral process. 

Deployment of Observers 
The Independent National Electoral Commission (INEC) accredited the NBA
Election Working Group (NBA-EWG) to observe the Osun State Governorship Election.
In consonance with the said accreditation, the NBA-EWG was deployed to Osun
State on Wednesday, 19th September, 2018. The NBA-EWG was joined by the
Chairmen of the five branches of the Nigerian Bar Association in Osun State
which include the Chairmen of Osogbo, Ikirun, Ilesa, Ile-Ife and Iwo branches
of the NBA.  The NBA Election Working
Group deployed its members to various Local Government Areas in the three
Senatorial Districts of Osun State comprising Ede North, Ede South, Irepodun,
Osogbo, Ayedaade, Irewole, Isokan, Egbedore, Iwo,Boluwaduro, Boripe, Ejigbo,
Ife Central, Ife East, Ife North, Ife South, Atakumosa West, Ifelodun, Ila,
Ilesha East, Ilesha West, Obokun, and Oriade Pre-Election formalities There was
a pre-election protocol on electoral education for Observers organized by the
INEC on Thursday 20thSeptember, 2018 at Aurora Event Centre, Osogbo-Ikirun
Road, Osun State. The Election Observers were briefed on the processes and
procedures guiding the conduct of the election.

Political Parties Forty-Eight (48) Political Parties
participated in the 22ndSeptember, 2018 Osun State Governorship Election. 

Arrival of INEC Officials The INEC officials arrived at their
various polling units between the hour of 6:45am and 7:05am with adequate voting
materials.  Provision of Materials 

INEC provided the requisite materials for the polling units.
In all the polling units observed, the Presiding Officers and Supervisors
confirmed that they received the election materials. Opening of Polls After
setting up of polling stations, the presiding officers read out the voting
guidelines to the voters. Most polling units opened between the hour of
7:00am/7:30am as observed by the NBA-EWG. 

In Ife Central Local government at Akrabata Polling Zones,
Ward 10, unit 1-12, the INEC officials arrived at 6:50am. There were four INEC
Officials in each polling unit. The Presiding Officers in each unit addressed
them by stating the guidelines of the election. Voting and accreditation
started at about 8:00am simultaneously.

Voters’ Turn Out. Voters’ turnout was impressive at most of
the polling units. However, in some polling units like Ilesa Ward 09, Unit 09,
the total voters expected was 588 but the total votes cast was 552, Also Ward 9
Unit 6B total number of voters expected was 573 but votes cast was a total of
187.  Also, at Ward 10, Unit 12A and B,
expected voters were 1,213 but the total votes cast was 369. In most of the
polling units observed, there were significant turnouts of senior citizens,
women and persons with disabilities. 
Some of the Presiding Officers allowed the Senior Citizens, nursing
mothers and persons with disabilities to cast their votes before other
voters.   Agents of Political
Parties  Some of the Political Parties
deployed their Party Agents to most of the polling units. However, there were
more party agents in the urban areas than in the rural areas. The Card
Readers  The Card Readers worked
significantly well. However, in few of the polling units observed by the
NBA-EWG, the Card Readers could not authenticate the finger print with the
voter’s card. In such situations, the voters were allowed to vote by ticking
the non-authentication box. But when the card reader did not recognize/verify
the voter’s card, such persons were not allowed to vote.  While in Ede North Local Government Area,
Unit 01, ward 01, two persons were not allowed to vote because the card reader
could not authenticate their cards; they were however disqualified from voting.

In Ode village, ward 2, Unit 9, the card reader had network
challenges in reading voters’ fingerprints but there was a technician on ground
to resolve the issue.  At Ede South Local
Government Area, Unit 10, Ward 4, the card reader became faulty at about
8:20am; a technician was called in and the malfunction was resolved at about
8:40am. The elderly also had challenges with the card readers in the area of
detection of their finger prints which caused some delays, but they were later
accredited using the register of voters to cross check their passport
photographs which enabled them to vote.

Security Issues 
NBA-EWG observed a marked improvement in the conduct and disposition of
the security agencies on election duty in Osun State. Most of them were
courteous and did not interfere with the electoral process. The different
security personnel provided adequate security for the polls. In most of the
polling units observed by NBA-EWG, the Security personnel comprising of
Nigerian Police, the Civil Defense Corps, Nigerian Prisons Service, NDLEA,
Nigerian Customs, Immigration, deployed to the polling units, reported on time.
Most of the polling units had adequate security. The Nigerian Military and
Mobile Police Force provided security at the entrance and exit to Osun State as
well as at the boundaries of Local Government Areas.

Conduct of Voters Despite the envisaged fear, anxiety and
uncertainty occasioned by pre-election build-up, the people of Osun State went
out in significant numbers to the polling units to cast their votes. Most of
the voters understood the electoral process and conducted themselves very well
and this accounted for the peaceful atmosphere that was witnessed during and
after the electoral activities. Influence of Money: We did not observe any
incident of vote buying, inducement or exchange of money.

SUGGESTIONS: 1. INEC should put in place an accountability
mechanism that rewards diligence and sanctions negligence. 

2. INEC should also post experienced, courageous and
knowledgeable supervisors to the wards and Local Governments to assist in
tackling logistics challenges in a way that does not undermine the electoral
process. 

3. INEC should provide more Card readers and technicians.

4. The Ballot boxes appear small and cannot accommodate most
of the ballot papers. There is need to provide bigger ballot boxes for subsequent
elections.

COMMENDATION: 1. NBA-EWG commends the people of Osun State
for their peaceful conduct during the election. To a large extent the process
was peaceful, orderly and successful.

2. NBA-EWG commends the Nigerian Police Force and the other security
agencies that provided security for the elections. 

3. The display of voters list at the polling station which
enabled individuals to cross check and identify their names and numbers on the
list before approaching the Electoral officers for accreditation and voting,
eased the process. This was commendable. 

4. The adoption of accreditation and voting simultaneously
has fast-tracked the process and consequently reduced the tension occasioned by
frustration and impatience which could have ignited violence. This also was
commendable.

CONCLUSION:

The conduct of this election is a great improvement from what
we have witnessed in the past. However, the election was declared inconclusive
by the Independent Electoral Commission (INEC) and a rerun is scheduled to hold
on the 27thof September, 2018.

Tawo E. Tawo SAN Chairman 
NBA-EWG

Report Of The Nba Ad-Hoc Election Working Group On The Rerun Gubernatorial Election In Osun State Held On Thursday, 27 September, 2018

Report Of The Nba Ad-Hoc Election Working Group On The Rerun Gubernatorial Election In Osun State Held On Thursday, 27 September, 2018

by | Oct 1, 2018 | Uncategorized

The
Independent National Electoral Commission (INEC) conducted the Osun
Governorship Election on the 22nd day of September, 2018. The election was
declared inconclusive by INEC and a supplementary election was held on the 27th
day of September, 2018in seven (7)polling units in four (4) Local Government
Areas of the State, namely, Osogbo, Orolu, Ife North and Ife South.   Members of the NBA Election Working Group,
who had observed the elections on 22nd September 2018 and had prepared a Report
thereon, were deployed to the affected Local Government Areas to observe the
supplementary elections. OBSERVATION REPORTS; A. OSOGBO; Members of the NBA EWG
arrived at Osogbo polling unit 17, ward 5, at about 7:00am. There was massive
armed security presence with movement around the polling unit restricted to
voters and observers. All the election materials were made available for the
election. The electoral protocols for voting were fulfilled by the electoral
officers at the unit.

Accreditation
and voting commenced at about 8:02am. The voting process went on smoothly till
about 11:30am when some hoodlums invaded the area in an attempt to disrupt the
process. The situation was brought under control by the security personnel
present. In spite of the seeming and subtle form of intimidation, voters were
undaunted as they did cast their votes. There was substantial compliance with
the election process and procedure at the polling units.

B.
OROLU:  The team deployed to observe the
rerun election at Orolu, Ward 8, polling units 1 and 4 and ward 9, polling unit
3, set out for the assignment at about 6:30am. The team’s enthusiasm was
dampened by their harassment and

subsequent
arrest by mobile policemen en-route Orolu. They were taken before Ali Janga,
Commissioner of Police, at a Police Post. CP Ali Janga is in charge of Kogi
State Police Command. Incidentally, the Secretary of the NBA ad-hoc EWG, Liman
Salihu Esq. the immediate past chairman of the NBA Lokoja Branch, Kogi State,
recognized the CP and showed his Identification Card to him but surprisingly
the CP ordered that the team be taken to the INEC Office.

At
the INEC office, it took one of our own, Festus Okoye Esq. who is currently the
INEC Commissioner representing South-East Geopolitical Zone, to secure their
release; he also facilitated the team’s movement to Orolu.

The
road to Orolu is barely motorable and appears to have been recently graded for
the purpose of the election. The location of the polling unit at Ifon Orolu
Kajola was in a farm house inside a thick bush and there was only one
unoccupied residence with a distance of about 80meters from the said polling
unit. The materials for the election arrived on time at the respective units
and voting proper commenced at the stipulated time of 8:00am.

There
was heavy security presence with about thirty (30) armed Police officials at
Orolu. At about 10:00am, while figuring out how to get to Idiya Polling Unit in
Orolu, four (4) Toyota Hiace buses packed with about fifty (50) fierce looking
men, drove in and the men alighted and walked towards the polling unit without
any PVC in their hands.  In spite of the
heavy security presence of the Nigerian Police, these men were not stopped nor
asked if they were going to vote neither were they asked for their PVCs. This
however aroused our suspicion.

A
member of the NBA Ad-hoc EWG who attempted a recording of the happenings (a few
seconds was recorded though) was almost attacked by about six (6) of these men.
Surprisingly the Police officials stood aloof and did nothing to stop the
invasion by this group of men. The reason given by the security men (Police
officials) for their inaction was that they could not act without formal
complaints from us.

Another
observation at Orolu was that most of the voters had identification bands on
their left arms and ring bands on their thumbs. Those with the said

identification
bands were allowed access into Orolu while those without the bands were not
allowed access and so could not vote. Although these voters without the bands
displayed their PVCs to the Police men on ground as evidence that they had been
registered to vote at that particular polling unit, the Police personnel
adamantly turned them back and as such they could not exercise their right to
vote. Voters that were allowed to vote without the bands were those who had
arrived earlier before the commencement of voting.

C.
IFE NORTH; Election in Ife North was conducted in a village called Oyere. It
was deep in a forest barely accessible by vehicle and was about two and half
hours from Ile-Ife. There was strong security presence (The Nigerian Police
Force) in and around the polling unit. Our representative observed that on his
way to the polling unit, officials of the Nigerian Police force barricaded the
road alongside some civilians. People were screened before they were allowed to
proceed further; some were beaten because they had their phones with them which
were seized. Some people were allowed to pass the checkpoint, but some others
were turned back.  Although our
representative introduced himself to the security personnel, they merely scoffed
at him.  Our representative, for safety
reasons, had to turn back as he was not given the opportunity to observe the
rerun election at the aforementioned polling unit.

D.
IFE SOUTH:

The
polling unit was at Olode, Adereti Village, Ward Code 16, Polling Unit 12, Area
Code 07, LGA 07. The polling unit was divided into two polling points (polling
unit 12A and 12B). The total number of accredited voters was Eight Hundred and
Twelve (812). Materials arrived at about 7:00am and there was proper display of
ballot papers. INEC provided the requisite materials for the polling unit and
the presiding officer/other Supervisors confirmed they received the full
complement of their materials.  The team
observed that the armed officials (Nigerian Police, Army, Civil Defense Corps,
FRSC, NDLEA) were about 10meters away from the polling booths. Voters turnout
was quite impressive in spite of the rain and there was a good sense of gender
balance.  Party agents present were the
ACD, APGA and APC. There was no representation from the PDP. However, one of
the party

agents
told us in confidence that he had to use another party’s name tag to conceal
his identity as a PDP agent. Voters’ education was duly conducted for voters
present. The voting commenced at about 8:00am. The last voter on the queue cast
his vote at about 12:05pm. The INEC officials waited till 2:00pm before
declaring voting exercise closed. Cancellation of unused ballot papers
commenced immediately while sorting of used ballot papers followed suit.
Thereafter, vote counting, and announcement of election result was done by the
presiding officer. This procedure was done in unit 12A and was repeated in unit
12B.

CONCLUSION
In conclusion the Rerun of the Osun state Gubernatorial Election fell far short
of a free and fair election compared to what transpired in the election of the
22ndday of September, 2018 in Osun State which was however declared
inconclusive. From the actions and inactions of the Nigerian Police Force they
appeared to have been compromised given the fact that the Police did not
question the activities of the about fifty (50) fierce-looking men who invaded
the area at Orolu. 

SUGGESTIONS;
1. Polling Stations sited in the bush or where less than 20 residential places
or houses which are not within a minimum of 50meters radius, should be relocated
in future elections.  Illustrative
example is the above-mentioned polling units at Orolu.

2.
There should be proper sensitization, training and orientation programs for all
security personnel deployed for election purpose. A special unit should be
established within the security agencies for election purpose and other civil
engagements.

Tawo
E. Tawo SAN 
Chairman  
NBA-EWG

OPINION: NYSC;Seven Sins of Davido and the Punishments under the Law- Richarmond O. Natha-Alade

OPINION: NYSC;Seven Sins of Davido and the Punishments under the Law- Richarmond O. Natha-Alade

by | Oct 1, 2018 | Uncategorized

In recent time, the calls and wakes of the need to serve Nigeria under the one year compulsory service mandated under the enabling Act had jostle with the recent realities of sacks, resignations and disqualifications (among others) of erring Nigerians who became graduates at and/or before Thirty but failed to participate in the National Youths Service Corps (NYSC) scheme at all spheres of our economy and national life.
The mandatory service is ensured by several codes and ethics that guides the program; which violations attracts penalties, ranging from extension of service year, deferment of service, termination of service year and prosecution amidst other disciplinary actions which could be taken by the  designated and/or empowered officials of the Scheme.
David Adedeji Adeleke, Davido as popularly called recently put in for the mandatory NYSC program sequel to his graduation from the University before the age of thirty. Consequently, he was mobilized to the Iyana Ipaja, Lagos Orientation Camp of the Scheme and ever since then, the story HAD BEEN OF the path of a shadow.
Davido is widely acknowledged and popular both home and abroad. And he is in no small measure classified under the privileged few as Very Important Person (VIP) made before time. His background and achievements all through the time had foisted on him some irreconcilable responsibilities that makes it very difficult for him to abide by the codes of conduct and rules of the NYSC.
That said, could we conclude that the George Orwell’s view about the society by his book ‘Animal farm’ is in play? Whence, he said by several allegorical syllogism: “All animals are equal but some are more equal than the other”. In other words, it seems we are all equal before the law but some are more equal than others. The question is; is Davido above all other Corps members currently participating in the program to the extent that he cannot be sanctioned, queried and/or at least cautioned if found wanting?
In recent time, mixed reactions had trailed Davido’s failure to fully observe the rules and code of conducts attached to the one year compulsory service. Davido, 26, was one of the 2,152 Batch ‘B’ Stream II corps members sworn-in at the NYSC orientation camp at Iyana Ipaja in August, 2018. Ever since, he put in for the program, keeping to her rules and regulations had been the case of an arrow shot at a rock; for it is easier for the camel to pass through the needle’s eye than for Davido to fully cope in respect of the Rules and regulations guiding the program.
Hence, since Davido joined the Scheme, the Following are the NYSC Rules of engagement broken by him in recent time:
1.     Davido brought into the Orientation camp a chauffeur Driven White exotic car and drove amidst fanfares among other corps members and obviously protected by security guides.
2.      Davido left the Orientation camp and never participated in the activities of NYSC at the camp.
3. Earlier this year, the Pop star jetted out of the country some days during the orientation camp to Boston in United States ahead of his ‘Locked Up’ Concert. Afterward, he performed at the opening day of Jay-Z’s Made in America Festival in Philadelphia, United States. We were not told if he returned to the camp thereafter.
4.   Davido Primary Place of Assignment is unknown.
5. We are not sure if  Davido ever reported promptly to his Primary place of Assignment or participates in activities of secondary place of assignment.
6. Davido had been engaged in his private practice as a musician.
7. Davido fully participated in politics of Osun State, psrticularly, the just concluded gubernatorial election.
It will interest you that all the above supposed offences by Davido carries both light and heavy penalties if some of the offences considered as reconcilable are not met with the attached condition precedents.
By my findings, the ‘IF’ crooner, pop superstar and Chioma ‘death sentenced’ lover may just have broken Section 3(I)(15) of the NYSC Bye-Laws (18/19), Section 3(III)(2, 3, 5 6, 7,12, 14)) of the NYSC Bye-Laws (18/19), Section 4(9) of the NYSC Bye-Laws (18/19) among others. The Bye laws are issued annually since 1993.
For ease of reference, I hereunder reproduce the contents of the above cited sections of the Bye Laws which Davido have and/or might have broken as follows:
Section 3(I)(15) of the Bye laws provides as follows:
During the Period of orientation, every member shall not bring vehicles or motorcycles into the orientation camp.
• Any member who brings vehicles or motorcycles to camp shall not be registered, and if already registered, shall be decamped
• ii) Such member shall only be allowed to return to service to join the next batch in the orientation camp.
Section 3(III)(2, 3, 5 6, 7,12, 14) of the NYSC Bye-Laws (1993) Provides as follows:
During the Period of Primary Assignment, every member shall:
• 2. Not be late to report at duty station
Any member who reports late at duty station shall be tried by the Corps Disciplinary Committee and if found guilty, be liable to extension of service on half pay double the period he is late to station. Any member who reports late at duty station shall be tried by the Corps Disciplinary Committee and if found guilty, be liable to extension of service on half pay double the period he is late to station
• 3. Not fail to report to duty punctually.
o    Any member who reports late for duty shall be queried by his employer and the report sent to the State Coordinator for disciplinary action
• 5. Not fail to carry out duties diligently
Any member who fails to carry out his duties diligently shall be queried by his employer and the report sent to the State Coordinator for disciplinary action.
• 6. leave his duty station or absent himself from any official activity without the written consent of the State Coordinator.
Any member who leaves his duty station or absents himself from any official activity without the permission of the State Coordinator shall be tried by the Corps Disciplinary Committee and, if found guilty, be liable to extension of service with half pay double the period of absence.
•    7.      Not travel outside the State without written permission of the State Coordinator
Any member who travels outside the State without the written permission of the State Coordinator shall be tried by the Corps Disciplinary Committee and, if found guilty, be liable to forfeiture of allowance for the number of days absent and extension of service with half pay double the period of absence
• 12. Not engage in private practice
Any member who engages in private practice shall be tried by the Corps Disciplinary Committee and, if found guilty, be liable on conviction to extension of service for a period not less than twenty one (21) days without pay
•       14. Not travel outside Nigeria without the written permission of the Director-General
Any member who travels outside Nigeria without the written permission of the Director-General shall be tried by the Corps Disciplinary Committee and, if found guilty, be liable to extension of service without pay double the period of absence
Section 4(9) of the NYSC Bye-Laws (1993) Provides as follows:
Every member shall Not take part in partisan politics.
• Any member who takes part in partisan politics is liable to extension of service for a period not less than three (3) months without pay.
From the above cited provisions of the NYSC bye-Laws, it is of common knowledge that Davido has breached almost all parts of the enabling laws and Rules that guides the Scheme, Hence:
1. Davido brought in Vehicle into the NYSC orientation camp
2.  Davido left the NYSC orientation camp.
3. Davido Travelled outside Nigeria
4. Davido engaged in his private business as a musician
5. Davido Participated in politics and fully campaigned for his uncle, Ademola Adeleke in Osun State gubernatorial Election.
6. All those period of campaigns and traveling, Davido must have been absent from his Primary Place of Assignment.
7.   No one seems to know where Davido is teaching or where his PPA is located
The big question is, if Davido is taking permission for all his engagements, how much permission can he take during his continuous participation in the schemes? By section 6(2) of the enabling law, Davido cannot get more than 14 days leave of absence during the entire program.
Davido went too far when he started to flamboyantly wear PDP dresses and campaign from town to town for his uncle, Ademola Adeleke, despite being a corps member in active service.
Despite all the breaches, ther is no record that Davido had been queried, sanctioned, brought before a court, suspended and or cautioned in any way by the authorities of the National Youths Service Corps.
Could it be that Davido is above the law or above all other corps members? The Lagos State NYSC coordinator and the Director General of the Program owes Nigerians some explanations.
Richarmond O. Natha-Alade is a legal Practitioner and Principal Partner at
Sun Natha-Alade & Partners (SNATHAP)
lordricharmond@gmail.com
www.snathap.com