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10/07/19

Oxfam International has said that no fewer than 94,470,535 million people in Nigeria live below extreme poverty, according to the latest World Poverty Clock.

Country Director of the organisation in Nigeria, Mr Constant Tchona, said this on Monday in Abuja at an event.

He said, “The number of people that live below extreme poverty level as of April was 91,501,377, making Nigeria the world capital of poverty.

“As if that was not bad enough, at the moment, six months later, the number has jumped up to 94,470,535 people.

“What this means is that we have added 2,969,158 people more into extreme poverty.

“By comparison, this number is more than the population of Gambia and Cape Verde combined.

“At the current rate, Nigeria is not only off-track to meet the Sustainable Development Goals but many now believe that up to 25 per cent of the world’s extreme poor will live in Nigeria by 2030.

“Nigeria’s total population is 200,963,599 people according to the Worldometer and is to become the world’s third-largest country by 2050.”

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Acting Chairman of the Economic and Financial Crimes Commission, Ibrahim Magu, has said that the fear of the agency has prevented many state governors from organising flamboyant parties.

Magu made the statement on Monday during a visit to the commission’s zonal office in Makurdi, Benue State.

He said, “EFCC is all eyes and ears, wherever and whenever they organise such ostentatious parties, they will be fished out and prosecuted, be it within or outside the country.”

Speaking further, Magu said that the anti-graft agency would not relent in its efforts at curbing the excesses of Nigerian politicians.

He said that the task of fighting corruption was very complex and sophisticated as organised criminal gangs were daily devising new high-tech means of perpetrating fraud and other criminal activities.

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Nigeria’s former President, Olusegun Obasanjo, has said that his spiritual commitment and the need to fulfill his promise led him to the idea of building a church and mosque within the premises of the Olusegun Obasanjo Presidential Library in Abeokuta, Ogun State.

In a statement by his media Aide, Kehinde Akinyemi, on Monday, Obasanjo said those against the idea had been disappointed going by the number of worshippers that visit the two religious sanctuaries.

Obasanjo said, “It is part of my promise to God to have a worship centre to propagate the Gospel of Christ.

“The positive development 10 years after the creation of this church is tremendous and awesome.

“At the beginning, some people were against it but by now they must have been disappointed.

“The same thing applies to the mosque for our Muslim brothers and sisters. I understand people from far and near do come to worship there too. This is gratifying to note.”

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Jones Abiri

The Federal High Court in Abuja on Monday softened the bail condition for a Bayelsa State-based journalist, Mr Jones Abiri, who was on June 24 arraigned on three counts of terrorism, economic sabotage and fraud.

Justice Ijeoma Ojukwu had earlier granted him N100m bail with one surety in like sum, wherein she ordered that the surety must own a landed property in Abuja metropolis.

Abiri was unable to meet the requirements to regain his freedom, forcing his counsel, Mr Samuel Ogala, to apply before the court to vary the bail terms, according to the News Agency of Nigeria.

The judge on Monday gave Abiri new bail conditions.

In the varied bail terms, Ojukwu ordered one Mr Frederick Lokpobri, a level 14 officer of the Federal Ministry of Power, who elected to stand as surety for Abiri, to swear to an affidavit.

The judge ordered Lokpobri to swear to an affidavit of means commensurate with the bail sum earlier granted.

He was also asked to in furtherance, deposit originals of the title documents of his landed property situated at the Nassarawa axis before the court registrar.

Ogala in a motion dated September 2 and filed on September 3, informed the court that his client was unable to meet the previous bail conditions because Abiri knew no one with a landed property within Abuja metropolis.

The Federal prosecutor, Mr Bagudu Sani, opposed the bail application in a counter-affidavit, urging the court to discountenance it.

Counsel to Abiri argued that the prosecution failed to adduce cogent reasons the application for variation should not be granted.

Ojukwu granted the bail application and adjourned the matter until October 17 for trial.

Addressing journalists after the court proceedings, Ogala said he hoped Abiri would be released after perfecting the new bail conditions.

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Mr Agba Jalingo, a journalist and human rights activist, is presently undergoing trial for criticising the administration of Governor Ben Ayade of Cross River State. He was arrested by operatives of the Nigeria Police Force in Lagos on August 22, 2019 and subsequently moved to Calabar where he was charged to court on September 25 on a four-count charge of treasonable felony, terrorism and attempt to topple the Cross River State Government after 34 days in custody. As if those grievous charges were not enough for a social critic, he was brought to court in handcuff like a “common criminal” whereas he is only a “prisoner of conscience”.

Before delving into the meat of the matter, it must be stated clearly that the deliberate handcuffing of journalist Agba Jalingo is unlawful, highly unconstitutional and an aberration in a democratic dispensation. By virtue of Section 5 of the Administration of Criminal Justice Act, 2015 (ACJA), an accused person has an inalienable right not to be handcuffed or otherwise bound or be subjected to unnecessary restraint, either by way of handcuffing or manacling except by order of the court or where there is reasonable fear of violence, attempt to escape or where restrain is necessary for the safety of the suspect. Obviously, none of this exception is applicable to Agba Jalingo.

To support this statutory position, Section 34(1) of the 1999 Constitution of the Federal Republic of Nigeria provides that every individual, an accused inclusive, has a right to dignity of human person and accordingly “no person shall be subjected to torture or to inhuman or degrading treatment”. See also Musa v. State (1993) 12 NWLR Pt. 277. Apparently, the Nigerian government, through her operatives, has grossly breached the right to dignity of human person accorded to Agba Jalingo by the constitution. Put simply, the handcuffing of Agba Jalingo is not only unlawful and unconstitutional, it is also evil, capricious and appears a calculated attempt to intimidate the press and subject a dissenting voice to needless ridicule.

That said, the whole circumstances surrounding this case should give an average lover of democracy a cause to worry. This is because the freedom of the press is the cornerstone upon which the existence of a constitutional democracy depends. It beats the imagination to see the persecution of a journalist happen in a democracy even when the criticised governor cannot come out clean with any higher argument or contrary position. If anything, why does the governor or the state apparatus choose to charge him for terrorism and treasonable felony when it is clear that the “crime” of Agba Jalingo was pointing at the supposed maladministration of Ben Ayade? I hold the view that it only shows the level at which the governor can go at harassing, persecuting and intimidating political opponents and the press. Agba Jalingo’s trial is an abuse of power and improper dissipation of governmental resources to settle personal political differences. If Ben Ayade feels offended by the criticisms of Agba Jalingo, there are other remedies provided by the law which he can pursue other than persecuting him. He could have sued him for libel or defamation. Sadly, he has deliberately refused to follow this noble path.

For example, when the first civilian governor of Ogun State, Chief Olabisi Onabanjo, felt offended and defamed by a publication of Concord Press owned by late Chief M.K.O. Abiola, he sued Concord Press for libel and later got judgment delivered in his favour without resorting to “self-help” like Ben Ayade. Another example is the case between Donald Duke, a former governor of Cross River State and Global Excellence Communications Limited; where the governor sued the defendant for libellous publications against his person. Apparently, Ben Ayade could also have pursued the lawful means of suing Agba Jalingo for libel or related offences as there is no legal obstacle hindering him.

 

No democracy can thrive without free press. It is the persistent and constructive criticisms that strengthen the delivery of government policies and goodwill. Instructively, our court was right when it said in the case of State v. Ivory Trumpet Publishing Ltd (1984) 5 NCLR 736 that “the freedom of the press is a bulwark of democracy. The Nigerian constitution has, in fact, obliged the press to uphold the responsibility and accountability of the government of the people”. Similarly, the Court of Appeal in Omega Bank Plc v. Government of Ekiti State (2007) ALL FWLR (Pt. 386) 658 held that the criticism of the government, public bodies or officers is part of the freedom of expression granted and guaranteed by the constitution. Frowning against the prosecution of a “personal matter” with state resources like we have in this Agba Jalingo and Ben Ayade’s case, in the Omega Bank’s case, supra, the court held emphatically that: “It will be against the public interest for government/public officers to use the tax paid by the people to institute actions against them (journalists)…” It is therefore strongly advocated that if Ben Ayade has no cockroach in his cupboard, he should not hesitate to withdraw the charges and courageously sue his critic for libel. Only for one to remember that he who comes with equity must come with clean hands.  

However, beyond Ben Ayade’s intolerance for press freedom, there is also a growing show of hypocrisy by the People’s Democratic Party, Nigeria’s leading opposition party. Ever since the historical defeat of the party by the ruling All Progressives Congress in 2015, PDP has seized every opportunity gotten to make strong criticism when the APC led government formulate policies or do things that are prejudicial to the existence of democracy and the rule of law. They condemn all unlawful arrests, disrespect to court orders and many other precarious policies of the APC. To buttress this point, the voice of the party was, for example, very loud when Samuel Ogundipe, a journalist working for Premium Timeswas arrested by Buhari’s government. They equally waged strong war of criticism at the Federal Government when Deji Adeyanju, an activist, was kept in prison throughout the electioneering period of 2019 for an offence he has been discharged and acquitted of. Even the recent case of activist and publisher of Sahara Reporters, Omoyele Sowore’s prosecution for calling for a peaceful protest against bad governance of Buhari’s administration was criticised with the strongest words by the PDP.

But, in this case of Agba Jalingo, who is facing persecution in the hands of Governor Ben Ayade of the PDP, the PDP has kept quiet ever since – without making any statement condemning the illegality and cruelty. This shows the hypocrisy and sheer dissimulation of a party, which claimed to be different from the APC in principles and particularly in their respect for the rule of law.

Obviously, the APC and the PDP are one and the same thing. The deafening silence of the PDP on this matter shows that both PDP and the APC shares two sides of a coin merely bearing different names. Why should you be so quick to criticise APC’s disrespect for human rights and the rule of law and become reluctant to spark fire when PDP has done same? Henceforth, the PDP has no moral justification to point fingers of lawlessness and arbitrary use of power at the APC. The indifference kept by the PDP shows its criticisms of APC’s government are malicious and insincere. With the loud silence of PDP in this matter, it means they have taken side with and are in support of Ben Ayade. This is worrisome, to say the least.

Let me conclude with the evergreen words of Christopher Dodds: “When the public’s right to know is threatened, and when the rights of free speech and free press are at risk, all other liberties we hold dear are endangered.”

 

Festus Ogun is a human rights activist, constitutional law enthusiast and convener of Legal Minds for Good Governance Initiative. festusogunlaw@gmail.com; 09066324982

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The Take It Back Movement has launched a GoFundMeaccount to raise funds for the bail of pro-democracy campaigner and Publisher of Sahara Reporters, Omoyele Sowore.

Sowore was arrested by the Department of State Services on August 3, 2019, for calling on Nigerians to take to the streets in peaceful demonstrations to demand for a better country.

On October 4, Justice Ijeoma Ojukwu of the Federal High Court, Abuja, ordered his release on bail – the judge submitted that Sowore should provide N100m and two sureties in like sum.

The judge also said that one of the sureties must own landed property and deposit N50m and show evidence of tax payment since 2016, while Sowore was barred from travelling outside Abuja and also speaking to the press.

Speaking on Monday, Director of the Take It Back Movement, Joshua Adeoye, said the launch of the GoFundMeaccount was necessitated by the huge bail condition slammed on Sowore.

He said, “Despite a blatant lack of evidence to support the laughable charges brought against him, Sowore has been kept in detention for over 60 days and counting, also despite a court order to release him on bail.

“Now, the government has demanded a king's ransom for him – N100m, which, together with the N50m being demanded for another revolutionary, Mandate, amounts to N150m.

“This is in addition to other equally-specious conditions which we intend to appeal.

“We intend to unite behind Omoyele Sowore in cash and in kind by raising funds to meet those demands.”

At the time of filing this report, the account had raised around $480.

On September 30, Justice Taiwo Taiwo of the Federal High Court, Abuja, had granted Sowore bail and ordered the DSS to release him after he met the condition given by depositing his international passport with the court.

But despite that ruling, President Muhammadu Buhari’s regime refused to free him, attracting condemnation from across the world.

The government is charging Sowore for insulting Buhari and planning to bring down his government – charges the pro-democracy campaigner vehemently denies and that had been described by legal practitioners across and beyond Nigeria as laughable and baseless.

The matter was adjourned to November 6, 7 and 8 for accelerated trial by the court.

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Two United States and a British doctor were on Monday announced as this year’s Nobel Prize for Medicine winners.

They were rewarded for their research into a molecular switch that determines how cells in the body reacted to fluctuating levels of oxygen.

Their findings are helping pharmacists develop treatments for conditions such as heart failure, anaemia, cancer, and other ailments that affect how the body receives oxygen.

Secretary-General of the Nobel Assembly, Thomas Perlmann, announced on Monday that William G. Kaelin Jnr, Sir Peter J. Ratcliffe and Gregg L. Semenza, would share $913,000 for their work.

He said, “They were extremely happy, and happy to share the prize with each other.”

So far, 25 Africans have won the Nobel Prize award and the last to win the Nobel Prize for Medicine is Sydney Brenner of South Africa.

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Former President of the Nigerian Senate, Bukola Saraki, has called on President Muhammadu Buhari and the National Assembly to revisit the sexual harassment bill passed by the eighth Senate.

Saraki made the call in reaction to a documentary by the BBC exposing sexual harassment of female students by male lecturers in many West African universities. 

According to him, the Senate under his watch passed the ‘Sexual Harassment in Tertiary Education Institution Prohibition Bill’ – a law which prescribes a five-year jail term for any lecturer, educationist or person in a position of authority in any tertiary institution in Nigeria found guilty of sexual misconduct.

In a post on Twitter on Monday, Saraki said, “As a father, I’m appalled by the actions of lecturers captured in the #SexForGrades exposé. We cannot allow this sort of deplorable behaviour to fester.

“In 2016, my colleagues and I in the eighth Senate passed the ‘Sexual Harassment in Tertiary Education Institution Prohibition Bill’ to prescribe a five-year jail term for any lecturer, educationist or person in a position of authority in any tertiary institution in Nigeria found guilty of such conduct.

“I appeal to the ninth Senate and President Muhammadu Buhari to revisit this bill so that we can implement the institutional reforms necessary to safeguard our children in educational institutions in the country.

“I also urge the institutions to conduct robust investigations, not only on the accused but also for all other reports and complaints that come in.

“We need to make institutions safer for our students.”

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The University of Lagos and leadership of the Foursquare Gospel Church in Nigeria have asked Dr Boniface Igbeneghu, a senior lecturer and former sub-dean of Faculty of Arts, who is also a pastor of a local branch of the church to step aside after being filmed demanding sex from a lady purportedly seeking admission into the institution.

Vice Chancellor of the University of Lagos, Oluwatoyin Ogundipe, on Monday confirmed that the lecturer had been suspended indefinitely.

He said, “A panel will be set up to investigate the issue.”

Also on Monday, National Secretary of the Foursquare Gospel Church in Nigeria, Ikechukwu Ugbaja, in a statement announced Igbeneghu’s suspension, saying appropriate measures would be taken on the matter.

The statement reads, “The attention of the leadership of the Foursquare Gospel Church in Nigeria has been drawn to a video clip trending on social media platforms titled ‘Sex for grades: Undercover in West Africa Universities – wherein a lecturer at the University of Lagos named Boniface Igbeneghu, also described as a pastor in Foursquare Gospel Church, was allegedly involved in sexual misconduct with some female students of the university.

“The general public is hereby informed that as holiness and Bible-believing church, we do not condone such heinous and unscriptural acts among our ministers. See Also CRIME Sex For Marks: BBC Releases Faces Of Lecturers Sexually Harassing Students In UNILAG, Legon

“We totally dissociate ourselves from the purported conduct of Dr Igbeneghu and promise to take appropriate measures as soon as the ongoing investigation is concluded.

“Meanwhile, the pastor in question has been asked to step down from all ministerial assignments.”

In the video now making the rounds on the Internet, the lecturer was seen making amorous advances at a ‘prospective student’, who claimed to be 17 years old.

At a point in the video, he offered her a wine, asked her to switch off the light in the room so that he could kiss her.

After the young lady didn’t do as he had said, Igbeneghu soon stood up to switch off the light himself before going back on the sofa they both seated to pull her close to himself for what he described as a “cold room” experience.

According to the lecturer, the “cold room” is a place within the school’s staff club where he and his colleagues take female students to for sexual pleasure.

Since the video went public, there have been reactions from all across the country with many prominent voices calling for a quick action by the government to arrest sexual harassment in higher institutions in the country.

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Former Vice President of Nigeria, Atiku Abubakar, has called on the government to deal decisively with university lecturers in the habit of sexually harassing young female undergraduates for grades.

Atiku’s call followed a documentary by the BBC where two lecturers were caught on tape soliciting sex from students in return for favours in the University of Ghana and the University of Lagos.

One of the lecturers, Boniface Igbeneghu, from the Department of European Languages at Unilag, was caught on camera making sexual demands to offer admission to a supposed 17-year-old girl. See Also CRIME Sex For Marks: BBC Releases Faces Of Lecturers Sexually Harassing Students In UNILAG, Legon

Describing the situation as a scandal, Atiku said, “I have just read the story on #SexForGrades across public tertiary institutions in many West African countries.

“This is unacceptable and requires systemic strategies to put a deterrence to such behaviour.

“As a society, we cannot allow a trend that is psychologically abusive to young women to thrive.

“In fact, that’s a direct opposite of what a sound educational system represents.”

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