Mixed reactions have continued to trail an online video which showed a teacher flogging some students.

Though SchoolsNaija could not verify how recent the video is, the offence the students committed or the location of the school, but unconfirmed sources said the students were late to school on resumption day in a school up north.

SchoolsNaija sought the opinions of readers to know if meting out corporal punishment is a good way of curbing indiscipline.

Leading those in support of corporal punishment is Mr. Godwin Ogbagie, who said it is still one of the most effective means of instilling discipline.

He said “Yes, by all means, corporal punishment should be employed for people, especially students to know and do the right things.

“I don’t believe in the philosophy of sparing the rod and spoiling the child, especially if the claims of the offense the students were said to have committed are false.”

Read more: http://www.schoolsnaija.com/2018/01/video-knocks-kudos-for-corporal.html#more

By Amaka Abayomi

Following a recent visit by the National Universities Commission, NUC, to assess the facilities at the main campus of the Lagos State University, LASU, the NUC has approved by the establishment of an Open and Distance Learning and Research Institute, ODLRI, by the university.


Speaking while receiving the NUC delegation, the Vice Chancellor, LASU, Prof. Olarewaju Fagbohun, said the institute was established to replace the now rested LASU External System, LASUES, and provide opportunity for millions of knowledge seekers who desire to pursue their first degrees in the varsity, but are unable to gain admission into the regular programmes.

The ODLRI Board is headed by renowned Academic and former Executive Secretary, NUC, Prof. Peter Okebukola.

The VC, while receiving the NUC team, had assured the Executive Secretary, NUC, Prof. Abubakar Rasheed, that LASU-ODLRI will be the gold standard in the delivery of quality varsity education in Africa through the Open and Distance Learning delivery platform.

The approved take-off programme is the Bachelor of Science in Business Administration.

LASU-ODLRI has several unique features. Course contents are pitched above NUC minimum standards with slant on 21-Century skills especially critical thinking, teamwork, entrepreneurship and digital literacy.

READ MORE: http://www.schoolsnaija.com/2018/01/nuc-approves-lasus-open-and-distance_9.html#more

After all the wining and dining that came with the festive season, students in public and private schools have, today, resumed academic activities for the second term resumes.

Schoolsnaija.com went round town to seek the views of parents/guardians on how they have prepared for their wards.


Advising parents not to wait till resumption before making arrangements to pay their wards’ school fees, an education consultant advised parents on the need for strategic planning so that things would go smoothly.

“Aside from paying their school fees early for them to get registered on time, they should prepare their wards psychologically for the resumption and also ensure they get treated for malaria and typhoid”, the consultant said.

Continuing, he said “The term is a very short one because schools have to vacate by the last week in March for the Easter celebrations. It is equally loaded as there would be local and international excursions, competitions and the likes, so they all have to be prepared.”

While many parents, especially mothers, are breathing sighs of relief that they would have a break from providing constant childcare or entertainment for their youngsters, here are some top tips every parent should know to ensure a hitch-free term.

Change in sleeping pattern

The most important preparation is getting your children to sleep earlier than when they were on holidays so as to enable them wake up on time and also have enough sleep. This is because if children are tired when they get to school, as a result of inadequate sleep, it can impact negatively on their ability to concentrate on what is being taught them.

Be prepared

Aside from making sure that uniforms and the necessary stationeries are ready, parents should also think about the food their kids would eat in school, and making sure that the kitchen is well stocked with healthy foods that can be prepared for them as lunch to take to school.

Set up a homework station

Sit down with your child and together designate a time and place where homework can be done each day. Make sure to choose a time where you are available in case your child needs your help.

Read more: http://www.schoolsnaija.com/2018/01/as-schools-resume-tips-every-parent.html#more

Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “urgently explain to Nigerians why the government decided to withdraw the sum of $1 billion from the Excess Crude Account to fight Boko Haram insurgency in the North East, if his government is to avoid the intense secrecy and lack of accountability and oversight of the spending on Boko Haram that characterised the administration of former President Goodluck Jonathan.”

The money was approved by the governors during a meeting last Friday of the National Economic Council (NEC) presided over by Vice President Professor Yemi Osinbajo.

In a statement today by SERAP deputy director Timothy Adewale, the organization said: “Nigerians should have some sense of what it is the government is doing in our name, especially against the background of the declaration by the authorities that the anti-insurgency war has ended and the Boko Haram terror group defeated, as well as the unresolved questions on how over $2bn was spent by former Jonathan administration to fight Boko Haram. The government also ought to tell Nigerians whether and how the legal requirements for approving the extra-budgetary allocations were met.”

The organization said that, “As a government presumably pursuing a change-agenda, Buhari should do things differently from the former Jonathan administration including by proactively engaging the Nigerian people in an honest conversation about the fight against Boko Haram and the use of the public funds so far invested to prosecute it.”

The statement read in part: “The Nigerian people do not have sufficient information at hand to evaluate, much less influence, the government’s policies, strategies and funding to end Boko Haram insurgency. Nigerians need to know the level of success that has been recorded against Boko Haram, and the security situation in the North-east, as well as the amount of public funds that have been invested to combat terrorism.”

“The success of Nigerian constitutional democracy ultimately depends upon an informed citizenry. The government should therefore emphasise transparency over secrecy on the spending on Boko Haram. Buhari should keep Nigerians up-to-date about what he’s doing to end Boko Haram, including by explaining why $1bn is needed at this time to fight the insurgency.”

“Indeed, the health of our democracy depends upon the government’s willingness to ensure that the policies and programs it pursues in the interest of national security are truly relevant and effective in keeping us safe.”

“The vitality of citizens’ check on governmental powers, especially on the spending of our commonwealth, depends upon the availability of information. The citizens need to know about governmental actions and policies in order to exercise their checking power including at the polls. The only effective restraint upon executive policy and power may lie in an enlightened citizenry.”

“Transparency in the spending on Boko Haram would also have an indirect effect on other branches in the sense of setting an example and changing the background tone of government. Such disclosure helps to ensure government’s adherence to the rule of law and promote confidence in the lawfulness of governmental action.”

“Since the start of the Boko Haram insurgency, Nigeria defence and security budgets have increased significantly yet there has been no resolution of the conflict; and troops in the front line have reportedly complained of lack of military equipment and resources to fight Boko Haram insurgents and restore full security. For instance, in 2014 about N340billion (US$1.7billion) was allocated to the military. Funds allocated to the military was the largest in Nigeria’s federal budget in 2014.”

“In October 2014, the National Assembly approved a request to borrow US$1billion as an additional amount for purchase of military equipment. In 2015, about N375billion (US$1.8billion) was allocated to the military in the federal budget. In 2015, an interim report of the presidential investigations committee on arms procurement under the Jonathan administration revealed an extra-budgetary spending to the tune of N643.8 billion and an additional spending of about $2.1 billion under the Jonathan administration.”

“The investigation indicated that about $2.1 billion was inexplicably disbursed into the office of the National Security Adviser in procurement of arms to fight Boko Haram insurgency, but was not spent for the purpose for which the money was disbursed.”

“The lack of transparency and accountability in military spending, during the administration of former president Jonathan, has led to the inability of the military to adequately protect people against the violation of their rights by Boko Haram in the northeast of Nigeria.”

“The Economic Community of West African States (ECOWAS), which Nigeria is a key member, has accountability, economic and social justice and popular participation in development as part of the fundamental principles in the Revised Treaty ECOWAS. In a similar way, the Charter of the Commonwealth, which Nigeria is also a member, has as its core principles mutual respect, inclusiveness, transparency, accountability, legitimacy, and responsiveness.”

“Article 1(c) of the UN Convention Against Corruption states the purpose of the treaty to include the promotion of integrity, accountability and proper management of public affairs and public property. As a state party to the Convention, Nigeria is obliged to take appropriate measures to promote transparency and accountability in the management of public finances.”

“Some persons alleged to have embezzled funds meant for the fight against Boko Haram insurgents are currently being prosecuted while other people are being investigated. It is important for the government to accelerate this process by ensuring that the investigation and prosecution of all persons alleged to have embezzled our commonwealth is not delayed.”

“A speedy prosecution will serve as a deterrent and ensure that Nigerians, particularly those in the northeast whose human rights have been violated, are not denied justice and reparation. The government should provide all investigating and prosecuting agencies with adequate funding and manpower required for speedy investigation and prosecution of corruption linked to the fight against Boko Haram.”

http://serap-nigeria.org/serap-to-buhari-explain-to-nigerians-decision-to-withdraw-1bn-to-fight-boko-haram.ngo/

Human rights lawyer Femi Falana, SAN has called on the Speaker of the House of Representatives Yakubu Dogara to “immediately drop the draft bill aiming to regulate and monitor the activities of all civil society organizations and labour unions in the country as the bill unequivocally threatens the very existence of a free and independent civil society in Nigeria.

The House of Representatives is scheduled to hold a public hearing on the bill in Abuja on 13 and 14 December 2017. The HB585 bill is a bill for an act to provide for the establishment of non-governmental organisations regulatory commission for the supervision, coordination and monitoring of non-governmental organisations, civil society organisations, etc., in Nigeria and for related matters.

Falana said ahead of the public hearing that, “This is perhaps the worst piece of legislation in Nigeria’s history. Under the bill, any civil society group advocating for human rights, basic freedoms and good governance can be shut down and criminalized. The bill if passed will ultimately have a disastrous impact on Nigerian citizens’ democratic participation in furthering the development of their own country.”

Falana’s statement read in part: “I urge Speaker Dogara to reject entirely the Bill as it falls significantly short of international human rights norms governing the rights to freedom of association and peaceful assembly, in particular Section 40 of the Constitution of Nigeria 1999 (as amended) and Articles 21 and 22 of the International Covenant on Civil and Political Rights and Articles 10 and 11 of the African Charter on Human and Peoples’ Rights to which Nigeria is a state party.”

“The bill allows government authorities to de-register local and international associations and NGOs if they consider them as not working in the “national interest.” Government can similarly deny registration on the vague grounds that the purpose and goal of the associations or NGOs are “inconsistent with the programmes of government.” Associations and NGOs operating without registration in Nigeria will face criminal liability.”

“The excessively broad and vague provisions, and administrative discretion given to the authorities in regulating the work of community associations, labour unions, NGOs and other civil society groups can be wielded as tools to intimidate, and even suppress, dissenting views and opinions in the country. The bill places undue restrictions on the right to freely associate, which is a fundamental freedom and essential component of democracy, as recognized by the UN Human Rights Council.”

“Should the bill be passed into law, I will vigorously challenge it in court on the grounds of its unconstitutionality and incompatibility with Nigeria’s international and regional human rights obligations and commitments.”

Miss Green & White beauty pageant to promote peace, says Porbeni

The Miss Green and White Nigeria Organisation has announced that it is set to organise a pageant whose sole aim is to promote peace and unity in the country.

This was made known by the organisation's president, Ambassador Juliet Geoffrey Porbeni while addressing the media on how true beauty ought to be celebrated.

Juliet said, "Miss Green and White Nigeria beauty pageant is designed to promote peace and unity and help build a better society through its campaign and advocacy programs. At the same time, the pageant celebrates the beauty of Nigerian children and young girls, presenting them as ambassadors for peace and unity."

She expressed concern over the negativity and violence in which young people are exposed to and the urgent need to refocus them on positive activities instead.

Juliet explained, "The world is fast changing and young people are being used as an instrument of destruction, violence, and terrorism.

"This is one of the reasons why this pageant is set up; to present itself as a medium to communicate and educate teenagers and young adult on the effects, results, and the aftermath of violence."

She added, " Miss Green and White pageant is a national programme which brings into memory Nigeria’s independence with the vision to promote a united, peaceful and mutually tolerant nation and prepare our youths to become role models and proponents of peace and unity."

Contestants will be selected for the event in various locations within the country to represent 36 States of the federation and the FCT. All the contestants would be groomed through activities like seminars, workshops, skill acquisition programmes and training to achieve the set goals.

The theme for the 2017 edition of the pageant is 'The Youths as agents of unity and peace'.

The Coronation Ball which is the grand finale of this year's event is billed to take place on December 9 at the Banquet Hall, Sweet Sensation, 3 Opebi Road, Ikeja, Lagos.

Socio-Economic Rights and Accountability Project (SERAP), Federal Civil Service Pensioners Association, and Association of Retired Local Government Staff and Primary School Teachers in Delta State have asked the ECOWAS Court of Justice in Abuja to “order the government of President Muhammadu Buhari to deduct the pensions, salaries and gratuities of pensioners and workers across several states of Nigeria from the statutory allocations of the indebted state governments and pay same directly to the pensioners and workers on a-monthly basis.”

The plaintiffs are suing over “violations of the human rights of workers and pensioners to equality and equal treatment; equal protection of the law and non-discrimination; to dignity and independence; to adequate standard of living and well-being; to property; to work; to family life; and to economic and social development.”

The plaintiffs want “immediate payment of all outstanding pensions, salaries and gratuities through deductions from statutory allocations of the indebted state governments, and payment of adequate money compensation of N50 million to each of the pensioners and workers who are plaintiffs, and to pay other unpaid Nigerian pensioners and workers adequate compensation.”

Other plaintiffs joining SERAP in the suit number ECW/CCJ/APP/39/2017 filed last Friday are: First Bank of Nigeria Pensioners (Lagos); Mrs Comfort C. Owoha; Joseph Agabi; Osemwenkha G.O, and Mrs J.E. Enabunlele. The plaintiffs are suing for themselves and on behalf of their members and other workers and pensioners across the country whose salaries and pensions have not been by the states and Federal Government for several months.

In the suit filed on their behalf by Solicitor to SERAP Femi Falana SAN, the plaintiffs argued that, “The retirement system in Nigeria violates the right to equal protection of the law and dignity since senior public officials continue to receive “privileged pensions”, salaries and gratuities while the 2nd—7th plaintiffs, their members and several other Nigerian pensioners and workers continue to be denied their entitlements, salaries and gratuities. ‘Dignity’ here refers to the right to live in security and free of exploitation, abuse, and discrimination.”

The plaintiffs also argued that, “Under international law, Nigeria cannot invoke the provisions of its internal laws or the nature of its federation as justification for its failure to perform a treaty obligation. A fundamental rule of the law of State responsibility is that a State cannot escape its responsibility on the international plane by referring to its domestic legal situation.”

The suit read in part: “Ultimately, the Federal Government cannot escape its responsibility to achieve the effective realization of the rights of Nigerian workers and pensioners to timely and regular payment of salaries, entitlements and gratuities, as it retains ultimate responsibility to ensure the rights of workers and pensioners are fully realized.”

“Workers and pensioners in several states in Nigeria have been victims of violations of civil and political rights and even more severely, of economic, social, and cultural rights. The 2nd-7th plaintiffs and their members and other Nigerian pensioners and workers have experienced extreme poverty, discrimination, social exclusion, stigmatization, and deprivation of protections and entitlements on an ongoing basis due primarily to the failure and/or negligence of the Federal Government to ensure that several states of Nigeria pay accrued pensions, salaries and gratuities.”

“By granting the reliefs sought, the ECOWAS Court would be recognizing and reiterating the need for the government and its federating units to protect the rights and interests of the vulnerable, disadvantaged, and marginalized groups.”

“Despite their obligations to protecting the human rights of vulnerable, disadvantaged and marginalized individuals and groups, the government has failed to prevent the systematic violation by several states of the federation of a wide range of human rights as a result of the continuing failure and/or negligence to ensure that the states timely and regularly pay workers’ salaries and pensioners’ entitlements and gratuities.”

“The government has failed and/or neglected to ensure the timely payment of over 42 months of outstanding pensions and gratuities in Edo State of Nigeria despite Edo State receiving funds in the form of over N29 billion Paris Club refunds between November 2016 and July 2017 from the government.”

“The government has since 2013 failed and/or neglected to ensure payment of accrued pensions and gratuities to about 4000 members of the Association of Retired Local Government Staff and Primary School Teachers in Delta State across 25 Local Government Councils of the State, leaving the pensioners to live in extreme poverty.”

“Mrs Comfort C. Owoha served for 35 years as staff of the Sokoto State Primary School Board. But payment of her pensions expected to commence in 2001 after verification was inexplicably stopped by the Sokoto State Government.”

“The government has failed to exercise due diligence, leading to the refusal and failure of the First Bank of Nigeria PLC to pay its pensioners accrued entitlements and gratuities and when pensions and gratuities are paid the Bank pay as low as N11,000, 13,000 as pensions despite the enormous amount in the Banks’s pension fund.”

“The government has since December 2014 failed and/or neglected to ensure that Osun State of Nigeria remits monthly pensions deducted from the contributory pensioners. The government has also failed and/or neglected to ensure regular and timely payment of pensions and gratuities in Osun State, and that contributory pensioners have not been paid since January 2015.”

“The government has failed and/or neglected to pay members of the Federal Civil Service Pensioners Association of Nigeria accrued pensions. The government continues to engage the Nigeria Union of Pensioners while deliberately sidelining the Federal Civil Service Pensioners Association of Nigeria and its members. The government is failing and/or refusing to ensure payment by several states of Nigeria of workers’ salaries and pensioners’ entitlements, amounting to billions of Naira in arrears.”

“International human rights treaties to which Nigeria is a state party impose obligations on the government to ensure that economic difficulties and times of severe resource constraints cannot be used to undermine the enjoyment of the human rights of workers and pensioners in Nigeria, and disproportionately hurt them.”

“The right to timely and regular payment of pensions and salaries is essential, particularly when a person does not have the necessary property available, or is not able to secure an adequate standard of living through old age or economic and social factors.”

“According to the Nigeria Union of Local Government Employees (NULGE), 23 states of the federation currently owed workers arrears of salaries ranging from one to 24 months. The NULGE gave the breakdown of states as follows: Bayelsa State: 10 to 16 months; Kogi State: between seven to 15 months; Delta State: eight to 14 months; Kaduna State:12 months; Oyo State: three to 11 months; and Edo State: 10 months.”

“Others are Abia State: five to nine months; Kwara State: two to nine months; Benue State: nine months; Nasarawa State: seven months; Ondo, Ekiti, Imo States: six months; while Zamfara State has not implemented minimum wage. Adamawa, Rivers, Akwa Ibom, Ebonyi, Plateau States are owing four months; Taraba and Federal Capital Territory: three months while Osun state has been paying half salaries for 24 months; and staff are owed few months in Enugu State.”

The plaintiffs therefore are asking the ECOWAS Court of Justice for the following reliefs:

A DECLARATION that the continuing failure and/or negligence of the Defendant to promote and ensure timely and regular payment by several states of Nigeria of pensioners’ entitlements and workers’ salaries and gratuities cannot be justified under any circumstances, and therefore constitutes a serious breach of Nigeria’s international human rights obligations and commitments to ensure and secure pensioners’ and workers’ right to equality and equal treatment; equal protection of the law and non-discrimination; to dignity and independence; to the respect of the dignity inherent in a human being; to adequate standard of living and well-being; to property; to work; to family life; and to economic and social development, guaranteed by the African Charter on Human and Peoples’ Rights; the International Covenant on Economic, Social and Cultural Rights; and the International Covenant on Civil and Political Rights to which Nigeria is a state party

2. A DECLARATION that the failure and/or negligence of the Defendant to provide an environment necessary for securing and promoting the enjoyment of the human rights of pensioners and workers at the federal level and in several states of Nigeria to equality and equal treatment; equal protection of the law and non-discrimination; to dignity and independence; is unlawful as it amounts to breaches of obligations to promote and fulfil the human rights guaranteed under the African Charter on Human and Peoples’ Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights to which Nigeria is a state party.

3. A DECLARATION that the failure of the Defendant to promote and ensure an effective remedy and reparation for pensioners and workers who have continued to suffer due to the non-payment of pensions, salaries and gratuities by several states of Nigeria is unlawful as it amounts to breaches of obligations to respect, protect, promote and fulfil the human rights guaranteed under the African Charter on Human and Peoples’ Rights, the International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights to which Nigeria is a state party.

4. A DECLARATION that the refusal of the Defendant to ensure the payment of pensions, salaries, and gratuities of the Plaintiffs is illegal and unlawful, as it amounts to breaches of obligations to respect, protect, promote and fulfil the human rights guaranteed under the African Charter on Human and Peoples’ Rights, the International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights to which Nigeria is a state party.

5. AN ORDER directing the Defendant to respect, protect, promote, and fulfil the human rights of pensioners and workers to timely and regular payment of pensions, salaries and gratuities and therefore, to equality and equal treatment; equal protection of the law and non-discrimination; to dignity and independence; to the respect of the dignity inherent in a human being; to adequate standard of living and well-being; to property; to work; to family life; and to economic and social development.

6. AN ORDER directing the Defendant and/or its agents to provide effective remedies and reparation, including adequate compensation, restitution, satisfaction or guarantees of non-repetition that the Honourable Court may deem fit to grant to pensioners and workers that have continued to suffer due to the failure and/or refusal by the Defendant to promote and ensure payment by several states of Nigeria of pensioners’ entitlements and workers’ salaries and gratuities.

Chairman Presidential Advisory Committee Against Corruption Professor Itse Sagay SAN has advocated “stiff punishment for counsel, particularly Senior Advocates, who have turned obstruction and frustration of proceedings on high-profile corruption cases into an art.”

Sagay said such punishment for SANs must include denial of right of appearance in such high profile and grand corruption cases.

Sagay said this today at Socio-Economic Rights and Accountability Project (SERAP)’s latest media roundtable titled: Strategies and Approaches for the Successful Completion and Effective Prosecution of Abandoned and Unresolved High Profile Cases of Corruption in Nigeria. Combating Grand Corruption and Impunity in Nigeria. The roundtable held in Ikeja Lagos is organized in collaboration with TrustAfrica.

The Attorney General and Commissioner for Justice of Ogun State Mr. Olumide Ayeni who chaired the event said, “Any person who loves this society will welcome and attend events of this nature. It is a very important subject we are here to discuss, to find ways of addressing the cankerworm that has evaded our society.”

Mr Okoi Obolo- Obla, Special Assistant on Prosecution to President Muhammadu Buhari who represented the Attorney General of the Federation and Minister of Justice Abubakar Malami SAN said, “I admire what SERAP is doing. It is not Buhari's work to fight corruption alone, it is all our fight. It is corruption that is fuelling this agitation by the different groups.”

Mr. G.K Latona Head of Legal, of the Economic and Financial Crimes Commission (EFCC) representing EFCC Chairman Ibrahim Magu said, “We are not working at cross purposes with the Office of the Attorney General of the Federation; we are cooperating with them. We have a wide range of corruption cases in concert with state agencies. The Attorney General Office has the right to initiate new high-profile corruption cases and investigate it themselves without waiting for cases initiated by the EFCC. We are also working on best practices manuals for the prosecutors and investigators If you want a corrupt free society, we must all work towards it.”

Mr. Abubakar Balarabe Mahmoud SAN President Nigerian Bar Association said “Lawyers should report to NBA anything they observe in court that is corrupt.”

In his paper, Sagay also urged prosecuting counsel in grand corruption cases “to apply to reinstate any case struck out for want of prosecution. In cases requiring appeal, the authorities must apply for leave to appeal out of time, and prepare evidence and legal arguments thoroughly, including by inviting consultants to advise.”

According to Sagay, prosecuting authorities must “Insist on full application of Sections 306 and 396 of the Administration of Criminal Justice Act, namely: No stay of proceedings under any circumstances – S. 306.Any preliminary objection must be taken together with the substantive issue – S. 396(2), and hearings shall be on a daily basis, but in exceptional cases, adjournments not to be in excess of 14 working day, may be granted.  Such adjournments not to exceed 5 in any proceedings – S. 396 (3) and (4).”

Sagay also recommended that, “A High Court Judge who is elevated whilst presiding over a criminal case, should be allowed to conclude the case without any effect on his new status. The Head of various Courts, namely Chief Justice of Nigeria; President, Court of Appeal; Chief Judge of the Federal High Court; and Chief Judges of State High Courts, should be sensitized about the very critical nature of the fight against high-level official corruption to Nigeria’s development and the welfare of its peoples.”

Sagay’s other recommendations read in part: “Pending the establishment of a Special Crimes Court for the whole country, Criminal Divisions should be created in the Federal and State High Courts.  Specially vetted and selected Judges, known for integrity and self-discipline should be posted to man such Courts.”

“It is very important to deploy the Administration of Criminal Justice Monitoring Committee and Civil Society Groups to monitor all high profile corruption cases on a day to day basis (i) to ensure that corruption cases are heard speedily and in full compliance with Sections 306 and 396 of the ACJA, (ii) to report non-compliance by any Judge to the National Judicial Council (NJC).”

“All suspected proceeds of crime should be placed under temporary forfeiture during the trial of a high-profile person. Prosecuting authorities should resort to Non-Conviction Based Asset forfeiture, where proof beyond reasonable doubt is difficult to achieve because of technicalities. Prosecuting authorities should also consider resorting frequently to the Plea Bargaining Provisions of ACJA in order to save time and state resources.”

Barrister Babatunde Ogala on his part said that “The moment you take public office, the expectations of you are very high. Corruption is a problem in all of us, our values encourage corruption, pressure from family and well-wishers, once you attain political office. Government is fighting corruption to the best of its ability.”

The Guest Speaker Professor Yemi Akinseye-George SAN said that, “The best way to rob a country is to buy its political system. There are several high profile corruption cases that are stuck and unresolved- no acquittal, no conviction.  The National Judicial Council should be proactive in tackling corruption. Judiciary must purge theme selves of corruption so that they can avoid executive interference We also need to leverage on e- recording of proceedings and put an end to writing in long hand by judges.”

According to Professor Akinseye-George, “There is need for authentic and reliable source of information on corruption cases. Civil Society Organization should be apolitical, they should focus on the issue and not the persons. SERAP is at the forefront of the campaign for the efficient prosecution of high corruption cases. Please sustain the advocacy. Civil Societies like SERAP can help build independent data basis which can be updated regularly. This will help a lot. Questions like who and who have been plea bargained, what are the conditions, the agreements, etc can then be answered.”

Others represented at the event included the Independent Corrupt Practices and Other Related Offences Commission (ICPC); the Nigerian Labour Congress, the National Human Rights Commission; Nigerian Institute of Advanced Legal Studies, the US embassy, the Royal Netherlands embassy, members of the civil society and the media.

Three Nigerian researchers have queried a popular way of measuring a man’s penis length among the Igbo.

The scientists note that among the Igbo, it is believed that the length of a man’s penis can be guessed correctly, based on his physique and the size of his buttocks.

The scholars submit that while that postulation does have a scientific basis, their findings are actually the opposite of that traditional way of measuring the penis length.

In a study published in the West African Journal of Medicine, researchers at the Nnamdi Azikwe University, comprising Dr. Orakwe Jideofor Chukwuma of the Medicine Department, Dr. Ebuh G.U. and Dr. Ogbuagu B.O. note that in Nigeria, especially among the Igbo tribe, there is a well-held belief that a man’s penis size can be predicted from his physique and the size of his buttocks.

The tradition held that people of small physique and flat buttocks are likely to have long joysticks.

For the study, the scientists measured the stretched penis length in 115 men between the ages of 30 and 65 years, during which they also determined how the penis length correlated with the body mass index and the circumference of the hip as measured around the most prominent points on the subjects’ buttocks.

In their findings, the scholars note that statistically, there was no significant correlation between stretched penis length and body mass index, taking into consideration a man’s entire physique.

They also note that there was a significant direct correlation between penis length and gluteal (buttocks) size.

http://punchng.com/scientists-query-igbo-ways-of-measuring-penis-length/

In the aftermath of the controversy surrounding the ownership of the N13bn ($43.4m, N23m and £27,000) found by the Economic and Financial Crimes Commission (EFCC) at the Osborne Towers, Ikoyi, Lagos, Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to “urgently address country on the matter so as to clarify the issue, and resolve lingering doubts among Nigerians regarding the real owner(s) of the cash.”

The organization also called on the president to “ensure legal backing for his government’s whistle-blowing policy by vigorously pursuing the passing by the National Assembly of the Whistle-blower Bills.”

Both Governor Nyesom Wike of Rivers State and the National Intelligence Agency last week reportedly claimed ownership of the cash, casting doubts on the ‘real claimants.’

In a statement today by SERAP executive director Adetokunbo Mumuni the organization said that, “The government’s increasing reliance on whistle-blowers’ tips to fight corruption has to be backed by some level of transparency and accountability in the real identities of those claiming recovered cash. Clearing the doubts surrounding the real identities of those behind the Ikoyi cash haul would demonstrate that the president values transparency over secrecy, provide further encouragement to blow the whistle on governmental corruption, and enhance the public right to know.”

According to the organization, “Democracy abhors secrecy, and for Nigerians to be able to hold elected leaders accountable, they must have access to information such as on the real identities of those behind the Ikoyi cash haul. This transparency is fundamental to the operation of the government’s whistle-blower policy, and inextricably rooted in the notions of good governance and the rule of law under the 1999 Nigerian constitution (as amended).”

The statement read in part: “No good comes from secrecy in governance, as officials who have become accustomed to operating without accountability are loath to relinquish the power that comes from conducting their business without public scrutiny. When public authorities resist efforts to shine a light on their activities, it gives the impression that there is something to hide. It’s counter-productive to overstate national security based secrecy needs, as secrecy encourages poorly informed and under-vetted decision-making.”

“Public scrutiny is a prerequisite for changing harmful, entrenched practices. Rather than operating the whistle-blowers policy as hidden, mysterious mechanism at the far edge of democracy, this government should make the operation of policy more transparent and accessible to the public. Both transparency and accountability are necessary to uphold the rights of victims of corruption and ensure that suspected perpetrators are held to account. The ‘sky will not fall’ if the true identities of those behind the Ikoyi cash haul are revealed.”

“It’s clear that as the EFCC continues to uncover more suspected looted or ill-gotten cash, those blowing the whistle will need greater level of protection. But without outlawing retaliation and attacks against whistle-blowers, and taking a firm stance on protecting them, the incentive of bounty rewards would be negated, as potential whistle-blowers may be discouraged from performing invaluable public interest service.”

“It shouldn’t be the case that the government knows the risks of whistle-blowing and yet fails to provide the needed legal protection against retaliation and attacks, regardless of whether whistle-blowers are entitled to bounties.”

“The policy of giving whistle-blowers some percentage of recovered loot would seem to be a game changer in the fight against corruption but this government now has to squarely address the significant risks that those who blow the whistle face by urgently working with the National Assembly to ensure the necessary legal backing that would ensure protection against reprisals and attacks.”

“The government should ensure that the National Assembly expedites the process of passing the Whistle-Blower Bill, as ensuring that the bill is passed without further delay would recognize the necessity of whistleblowers and the value they add to the anti-corruption fight by reporting otherwise unknown corruption-related information. It would also ensure that whistle-blowers are fully protected from any retaliation and attacks they may experience, and that the government fully appreciates the information they provide.”

“Continuing delay in the passing of the Whistle-Blower Bill would have a chilling effect on potential whistleblowers and hinder the public's ability to learn about the kind of cash haul found in Ikoyi and elsewhere across the country. It’s also contrary to Article 33 of the UN Convention on Corruption, which Nigeria has ratified. The convention obligates the government to put in place appropriate measures to provide protection against any unjustified treatment for any person who reports in good faith and on reasonable grounds to the competent authorities any facts concerning offences established in accordance with the convention.”

The Lagos State Police Command says it has located the charred remains of a robbery suspect who was burnt to death by a mob in the Orile area of the state.

The state Commissioner of Police, Fatai Owoseni, said the suspect was believed to be between 20 and 25 years old, and not a seven-year-old boy lynched over garri, which went viral on the social media.

Owoseni, who noted that the lynching occurred around 4am penultimate Saturday, said the police had contacted an emergency agency of the state government to remove the corpse.

PUNCH Metro had reported on Friday, November 18, that there was controversy over the death of the teenager, who was burnt to death for stealing at the Alafia bus stop in the Orile area.

Our correspondent had reported that a mob at the bus stop caught the boy after he had allegedly stole a wallet, got a tyre and set him on fire.

One of the witnesses had narrated that the suspect and two runaway accomplices attacked a pedestrian at the bus stop and stabbed him several times.

The suspect, in a video which went viral on the social media, was said to have been caught after his gang members escaped and burnt to death.

The CP said it was wrong to put the blame on the police, as some members of the gang had been previously arrested, arraigned in court, but released on bail.


http://punchng.com/police-recover-body-boy-burnt-death/

Eniola Akinkuotu, Abuja

The Economic and Financial Crimes Commission has released a former Minister of State for Defence, Senator Musiliu Obanikoro, The PUNCH can confirm.

A source said, “The EFCC just released Senator Obanikoro around 5pm. He is on his way home now.”

The PUNCH had reported exclusively that the former minister had met all his bail conditions on Thursday night and the commission was processing his release.

Obanikoro, who was arrested on October 17, was accused of receiving N4.7bn through the Office of the National Security Adviser in 2014.


He was said to have pocketed N785m while the balance was given to Governor Ayodele Fayose of Ekiti State and Senator Iyiola Omisore who was the governorship candidate of the Peoples Democratic Party in Osun State in 2014.

Obanikoro was said to have returned N100m and pledged to return N480m while his American and Nigerian passports were submitted to the EFCC.

http://punchng.com/breaking-efcc-releases-obanikoro/

Socio-Economic Rights and Accountability Project (SERAP) has been sued over alleged “campaign of calumny against Mrs Dame Patience Jonathan using online, print and electronic media to publish to the public unfounded and malicious allegations that she stole $15m (US) and ought to be prosecuted.”

In a statement dated 20 October 2016 and signed by SERAP executive director Adetokunbo Mumuni the organization said, “On 18th October 2016 at about 3pm we received court papers dated 6th October 2016 from a bailiff. The papers indicate that one Union of Niger Delta Youth Organization for Equity, Justice and Good Governance suing for themselves and on behalf of Mrs Dame Patience Jonathan filed a suit number FHC/L/CS/1349/2016 before a Federal High Court in Lagos against SERAP.”

According to Mumuni, “the court papers also indicate a prayer for an order of interim injunction restraining SERAP from taking any further steps in further vilification, condemnation and conviction of the Former First Lady Mrs Dame Patience Jonathan, in all public media and in the use of the judicial process for that purpose by the extremely publicized pursuit of any application for the coercion of the Attorney General of the Federation to prosecute the Plaintiff/Applicant for owning legitimate private property, pending the hearing and determination of the Originating Summons.”

Mumuni also revealed that, “The suit is seeking an order directing SERAP to stay all action and to desist forthwith from proceeding against Mrs Dame Patience Jonathan, with any process whatsoever, pending the hearing and determination of the Originating Summons. SERAP was also served a separate application to be joined in the suit number FHC/L/CS/1318/2016 earlier filed by SERAP against the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, over allegations of $15m unexplained wealth against Mrs Jonathan.”

In reaction to the development, Mumuni said, “SERAP categorically rejects these misleading and entirely unfounded accusations against us by Mrs Patience Jonathan and her group, and we will vigorously oppose the suit in court. SERAP will never, in the discharge of its mandates, succumb to any intimidation, harassment and attacks in any way, shape or form. We are now consulting with our lawyers and will be preparing shortly our defence in court.”

According to Mumuni, “At no time did SERAP suggest or even hint that Mrs Jonathan was guilty of the allegations against her. On the contrary, what SERAP has said is that the fact that the $15m found in the four accounts belong to Mrs Jonathan raises serious suspicion or at the very least a prima-facie case of unexplained wealth/illicit enrichment, and imposes an obligation on Mrs Jonathan to explain and justify the source(s) of the $15m.”

Mumuni also said, “To be sure, SERAP is not engaged in any campaign against Mrs Jonathan or any other politically exposed persons for that matter. Our suit was filed against the Attorney General of the Federation and Minister of Justice Mr Abubakar Malami, SAN, and not Mrs Jonathan. It’s a joke to accuse SERAP of trying to coerce the Attorney General to perform his constitutional duty, as this is for the court to decide.”

Mumuni said that, “SERAP consistently strives to ensure that its human rights and accountability work meet international standards and the highest standards of analytical rigor devoid of bias or assumptions as to individual’s guilt. Mrs Jonathan should end her attacks on an NGO simply working to make the government function to improve the conditions of millions of marginalized and disadvantaged Nigerians.”

Mumumi further said that, “Our work is driven solely by the fundamental principles of justice, impartiality, solidarity, universality of human rights, transparency and accountability in the management of Nigeria’s resources and wealth. We believe that it is through action that we have taken in this matter that the government can be motivated to live up to its commitments and to meet the expectations of Nigerians for good governance, human rights and the rule of law.”

SERAP quoted the court papers it received from Mrs Jonathan and her group as reading in part: “The campaign by SERAP is in breach of Mrs Jonathan’s right to be presumed innocent until proved guilty under Section 36(5) of the 1999 Constitution of Nigeria (as amended). The action by SERAP seeks to coerce the Attorney General of the Federation to embark on a breach of the same right when the Attorney General is in a better position than SERAP and the Court to know whether or not there is any evidence of wrongdoing by Mrs Jonathan.”

“SERAP’s action is blatant misuse of the processes of this Court. SERAP therefore no longer deserves to continue as an incorporated entity and ought to be dissolved. It is just and equitable to dissolve SERAP in the circumstances of this case. Damages will not be adequate compensation for the irreparable damage Mrs Jonathan will suffer if the application is not granted. The Plaintiff undertakes as to damages in favour of SERAP in the event the instant application ought not to have been granted.”

“There has been a running battle between the Economic and Financial Crimes Commission (EFCC) and Mrs Jonathan with respect to the release of her legitimately earned funds which were deposited in accounts opened in the names of certain companies by one of her husband’s aides without her authorization.”

“The funds in question were legitimate gifts from her friends and well-wishers over the last 15 years which she had been saving in order to utilize to upgrade family businesses and concerns which had been somewhat dormant by reason of the long period of her husband service as a public officer in Nigeria.”

“The gifts were given in small contributions by several persons some of whom she cannot even now recall over this period of 15 years sometimes in as small a gift as N250,000 Naira. In order to preserve the value of these funds which she did not require for any purpose at the time she changed them into foreign exchange and kept them as cash for a long period in her home safe in Port Harcourt and Abuja.”

“It was when the family home in Otuoke was burnt down by hoodlums under the instigation of political adversaries in 2010 that she began to think about banking these gifts which had now grown to large sums in United States Dollars. In 2010 she therefore summoned one of her husband’s domestic aids, Waripamo-Owei Emmanuel Dudafa to assist her in opening bank accounts into which the funds could be deposited.”

“Unknown to her the said Dudafa in a bid to be discreet about the owner of the funds decided to bank the funds in the names of companies owned by him. When she discovered this she was constrained to continue with the names of the companies when she was advised that it did not make any difference as to the ownership of the funds since the director of the company would appoint her as sole signatory to the accounts in question.”

“When in 2016 Dudafa was arrested and detained she had no fear for the funds as she realized that the funds could not be attributable to him once it was discovered that she was the sole signatory to the said accounts. It was therefore a rude shock to her when she discovered that a no transaction order had been placed on the accounts by the EFCC in the belief that the funds belonged to Dudafa.”

“She instructed her solicitors to further write to the EFCC to inform them that the funds belong to her and that they formed a part of her legitimate earnings over the last 15 years. It was this letter that was leaked by the EFCC to the media that became sensationalized and led to the plaintiff’s vilification and attack by ignorant persons who had no information about the matter.”

“SERAP is playing to the public gallery in order to gain the notoriety it has achieved over the past years. SERAP has done this mostly by intervening in high profile issues without regard to the rights of persons it claims to protect. SERAP jumped into the fray of ignorant accusations being made against Mrs Dame Patience Jonathan in the public media and has begun a campaign of calumny against her using online, print and electronic media to publish to the public unfounded and malicious allegations that she stole the funds in question and ought to be prosecuted.”

“SERAP has maintained this position, notwithstanding the fact that there is no evidence whatsoever by which Mrs Jonathan could be prosecuted for obtaining the funds through unlawful means. In furtherance of this campaign, SERAP, being in breach of its own objects for which it was incorporated, has continued to proclaim the guilt of Mrs Jonathan in the media and recently was widely reported in the news media to have commenced a self-serving action to attempt to coerce the Attorney General of the Federation to prosecute her.”

The Socio-Economic Rights and Accountability Project, (SERAP) has sent an open letter to President Muhammadu Buhari requesting him to use his “good offices and leadership to urgently instruct the Department of State Service (DSS) to immediately and unconditionally release all the judges arrested by them and to ask the DSS to end continuing intimidation and harassment of the judiciary.”

The organization said that, “If following the receipt and/or publication of this letter, your government fails or refuses to immediately and unconditionally release the judges as requested, SERAP would promptly consider appropriate legal options nationally and internationally to ensure the full and effective implementation of our requests.”

SERAP’s letter dated 9 October 2016 and signed by its executive director Adetokunbo Mumuni said that, “We are seriously concerned about the wave of arrests, intimidation and harassment of judges across the country by the DSS. While we fully support the government’s efforts to eradicate judicial corruption, we cannot accept anticorruption strategies and methods which patently offend the rule of law and undermine the authority, integrity, sanctity and independence of the judiciary.”

The letter copied to both Mr Zeid Ra’ad Al Hussein UN High Commissioner for Human Rights, and Ms Monica Pinto, UN Special Rapporteur on the independence of judges and lawyers reads in part: “SERAP believes that strategies and methods to sanction suspected corrupt judges must never have an inhibiting or chilling effect on the authority, sanctity, integrity and independence of the judiciary.”

“Uncertainty of the processes and grounds on which suspected corrupt judges can be sanctioned would affect the capacity of all judges to act independently, and public confidence in the judiciary. Judges, like other constitutional functionaries must face the law if they depart from or deceive the law, such as when they are suspected of engaging in corruption. But what the DSS has done is a blow to the independence of judiciary, and a dangerous precedent that should not be allowed to stand.”

“The value of the principle of judicial independence is that it protects judges from arbitrary sanctions by the Government. The way this country dispenses justice and treats its judges will show the moral and legal character to which it can pretend.”

“SERAP is concerned that the action by the DSS if allowed to stand or continue, would make judges susceptible to pressure from the executive. Thus, instead of fulfilling the stated aim of eradicating judicial corruption, the actions of the DSS has served to undermine the independence of the judiciary in Nigeria, and reinforce the practices under successive governments of undue political interference in the judiciary.”

“Judicial accountability must respect the fundamental principles of the independence of the judiciary and the separation of powers, and its proceedings must be in line with constitutional and international standards of due process and fair trial. Indeed, international standards require that the bodies responsible for sanctioning corrupt judges should be independent from the government, and that any legal sanction against suspected corrupt judges must be determined in accordance with well-established procedures that guarantee the rights of judges to a fair and transparent trial, and to an independent review.”

“One of the cardinal pillars of the rule of law is an independent judiciary. Without a judiciary that is independent, the concept of rule of law becomes a mockery. The requirement of independence and impartiality does not exist for the benefit of the judges and prosecutors themselves, but rather for court users as a part of their inalienable right to a fair trial.”

SERAP therefore urged President Buhari to:

1. Urgently instruct the DSS to immediately and unconditionally release all the judges arrested by them, and to end continuing intimidation and harassment of the judiciary across the country;
2. Publicly commit that your government will not seek to undermine the integrity, sanctity, authority and independence of the judiciary in its efforts to combat judicial corruption;
3. Avoid any action that tends to weak judiciary independence and public confidence in the judiciary;
4. Ensure that justice is not only done, but must also appear to be done in the fight against judicial corruption;
5. Promptly, thoroughly, transparently and impartially investigate attacks against judges by DSS and bring to justice anyone responsible


“According to reports, two Justices of the Supreme Court-- Justices Sylvester Ngwuta and John Okoro--were arrested after a raid on their homes in Abuja by operatives of the DSS early Saturday morning. The two men are said to be currently in the DSS custody in Abuja. Justice Adeniyi Ademola of the Federal High Court in Abuja was also said to be arrested by the operatives of the DSS after breaking into his official residence at about 1am on Saturday.”

“There are also reports of invasion of the houses and harassment of judges of the Federal High Court in Abuja, Gombe and Port Harcourt, Rivers State. The raids on the judges’ houses were reportedly carried out at 2am. The official residence of another judge of the Federal High Court in Abuja, Justice Nnamdi Dimgba was also searched. SERAP notes that at least two of the judges had recently ruled against the DSS and condemned its disregard of the laws of the land during its operations.”

On the night of 3 October 2016, unknown people broke into the offices of Socio-Economic Rights and Accountability Project (SERAP) at Ikeja, Lagos, Nigeria. The intruders somehow escaped security gates surrounding the street, before gaining access to the office building and cutting open the iron bars protecting the locked office front door. Some of the computers and cabinets were damaged. The intruders broke into the office safe, taking away some petty cash and files.

The offices were thoroughly ransacked and a TV screen on the wall at the reception was dropped on the floor. The intruders also dropped a threat note on the table at the reception, which reads “Not our target. We will be back.” The matter has been reported at the Area “F” Police Station, Ikeja, Lagos. The matter is now a subject of police investigation.

The staff who resumed early morning on 4 October 2016 took several photos of the incident. We are assessing the situation to find out what else might be missing from the office.

SERAP is a non-governmental organization dedicated to strengthening the socio-economic welfare of Nigerians by combatting corruption and promoting transparency and accountability. SERAP received the Wole Soyinka Anti-Corruption Defender Award in 2014. It has also been nominated for the UN Civil Society Award and Ford Foundation’s Jubilee Transparency Award. SERAP serves as one of two Sub-Saharan African civil society representatives on the UNCAC Coalition, a global anti-corruption network of over 310 civil society organizations (CSOs) in over 100 countries.

On the night of 3 October 2016, unknown people broke into the offices of Socio-Economic Rights and Accountability Project (SERAP) at Ikeja, Lagos, Nigeria. The intruders somehow escaped security gates surrounding the street, before gaining access to the office building and cutting open the iron bars protecting the locked office front door. Some of the computers and cabinets were damaged. The intruders broke into the office safe, taking away some petty cash and files.

The offices were thoroughly ransacked and a TV screen on the wall at the reception was dropped on the floor. The intruders also dropped a threat note on the table at the reception, which reads “Not our target. We will be back.” The matter has been reported at the Area “F” Police Station, Ikeja, Lagos. The matter is now a subject of police investigation.

The staff who resumed early morning on 4 October 2016 took several photos of the incident. We are assessing the situation to find out what else might be missing from the office.

SERAP is a non-governmental organization dedicated to strengthening the socio-economic welfare of Nigerians by combatting corruption and promoting transparency and accountability. SERAP received the Wole Soyinka Anti-Corruption Defender Award in 2014. It has also been nominated for the UN Civil Society Award and Ford Foundation’s Jubilee Transparency Award. SERAP serves as one of two Sub-Saharan African civil society representatives on the UNCAC Coalition, a global anti-corruption network of over 310 civil society organizations (CSOs) in over 100 countries.

As Mr Abdulmumin Jibrin threatens to expose more alleged systemic corruption in the investigative hearings and oversight functions of the House of Representatives, Socio-Economic Rights and Accountability Project (SERAP) “has called him a whistleblower because of his public interest disclosures on alleged budget padding and fraud in the House of Representatives in the context of his work in the House as a member.”

Mr Jibrin yesterday threatened to reveal more alleged “systemic corruption among the leadership of the House of Representatives including in the House’s investigative hearings and oversight functions; as well as to disclose the internal budget of the House.”

The statement released today and signed by SERAP executive director Adetokunbo Mumuni the organization said that, “We encourage Mr Jibrin to tell Nigerians more about his allegations of systemic corruption in the House of Representatives. Mr Jibrin will be doing a positive act of ‘good citizenship’ by revealing how exactly is the House profiting from its investigative hearings and oversight functions; and disclosing the House’s internal budget.”

“Allegations of budget padding and fraud in the legislative functions threaten and harm the public interest, and may amount to crimes against humanity especially given the alleged systemic and widespread nature of the crimes in the House,” SERAP said.

According to SERAP, “We are seriously concerned that Mr Jibrin is not being appropriately treated or protected by the authorities to remedy the exposed threats or harm to him. No whistleblower should ever be penalised simply for making a public interest disclosure. SERAP strongly believes that every individual should feel safe to freely raise public interest concerns, just as Mr Jibrin has done in disclosing information on alleged budget padding and fraud in the House of Representatives.”

The statement reads in part: “Unless the government of President Muhammadu Buhari grants Mr Jibin the appropriate protection deserving of a whistleblower, encourage him to disclose corruption in the House’s investigative and oversight functions, and promptly act on those allegations, a significant opportunity to protect the public interest would be missed. Buhari should send a strong message that retaliation or victimisation of whistleblowers will not be tolerated under his watch.”

“As a matter of law, this government has an obligation to promptly investigate public interest disclosures by a whistleblower such as Mr Jibrin, and where necessary bring those suspected to be responsible to justice.”

“The primary focus shouldn’t be that Mr Jibrin broke ranks with an allegedly corrupt system in the House of Representatives within which he has operated for many years, but rather the public interest disclosures he has repeatedly made and promises to make.”

“Encouraging whistleblowers to speak up improves public services and strengthens public accountability. Therefore, it is in the interests of all Nigerians that allegations of corruption in the investigative hearings and oversight functions of the House of Representatives should be promptly revealed, investigated by an independent body and suspected perpetrators brought to justice.”

“By suspending Mr Jibrin, SERAP believes that the House of Representatives has acted improperly or attempted to cover up the alleged budget padding and fraud rather than promptly addressing it by referring the allegation to appropriate anticorruption agencies and institutions such as the EFCC and the ICPC.”

“SERAP believes that the information being disclosed by Mr Jibrin amount to public interest disclosures and in fact can contribute to strengthening transparency and democratic accountability in the House of Representatives in particular and the country as a whole.”

“SERAP calls on the government of President Muhammadu Buhari to urgent propose a robust legislation on protection of whistleblowers in the country pursuant to Nigeria’s international human rights and anticorruption obligations and commitments, including the UN Convention against Corruption to which Nigeria is a state party.”

“Suspension of Mr Jibrin by the House of Representatives amounts to retaliation. Mr Jibrin’s status as a whistleblower is not diminished even if the perceived threat to the public interest has not materialised, since he would seem to have reasonable grounds to believe in accuracy of the disclosures on alleged budget padding and fraud in the House of Representatives.”

“SERAP notes that freedom of expression is a constitutional and internationally recognized human right in Nigeria, and the country has enacted the Freedom of Information Act which grants Nigerians the right to seek and receive information such as the information about the massive corruption in the House of Representatives being disclosed by Mr Abdulmumin Jibrin.”

“SERAP believes that whistleblowing is very important in deterring and preventing corruption, and in strengthening democratic accountability and transparency in the country in general. Whistleblowing is indeed a fundamental aspect of freedom of expression and freedom of conscience and is important in tackling gross mismanagement of our commonwealth. Whistleblowing can act as an early warning to prevent damage as well as detect wrongdoing that may otherwise remain hidden.”

“Whistleblowing can also help ensure the effective compliance with Nigeria’s international anticorruption obligations by allowing those legally responsible for the alleged misconduct the opportunity to address the problem and to account for themselves, and by more readily identifying those who may be liable for any damage caused.”

“SERAP notes that the European Court of Human Rights has set out key conditions in the case of Guja v. Moldova [GC], no. 14277/04, ECHR 2008, to determine who is a whistleblower. These conditions were reiterated in the case of Heinisch v. Germany, no. 28274/08, ECHR 2011 (extracts) and again in Bucur and Toma v. Romania, no. 40238/02, 8 January 2013.”

“The first condition is whether the person who has made the disclosure had at his or her disposal alternative channels for making the disclosure. The second is the public interest in the disclosed information. The third is the authenticity, accuracy and reliability of the disclosed information. The fourth is the severity of the sanction imposed on the person who made the disclosure and its consequences. And finally whether the disclosure is made in good faith. All of these would seem to be present in this case. Therefore, SERAP believes that the public interest in this matter outweighs any perceived act of personal grievance by Mr Jibrin.”

Socio-Economic Rights and Accountability Project (SERAP) has dragged the Federal Government to the Federal High Court in Lagos asking the court for “leave to apply for Judicial Relief and to seek an order of Mandamus directing and or compelling the Attorney General of the Federation and Minister of Justice Abubakar Malami (SAN) to institute and undertake criminal proceedings against former first lady Mrs. Dame Patience Jonathan over $15m unexplained wealth frozen in four companies’ accounts.”

The organization is also asking the court “for such order or other orders as the Honourable Court may deem fit to make in the circumstance.”

The suit with number FHC/L/CS/1318/2016 dated 23th September 2016 was filed on behalf of SERAP by Adetokunbo Mumuni. SERAP’s suit is coming against the background of the request last week by Mrs Jonathan for the Economic and Financial Crimes Commission (EFCC) to defreeze her accounts and offer her a public apology within 14-days.

SERAP’s suit brought under Order 34, Rules 1 (1) (a); 2, Rule 3 (1) and (2) (a), (b) and (c) of the Federal High Court Rules, 2009 and Inherent Jurisdiction of the Court reads in part: “The Attorney General of the Federation has a duty to prosecute intentional illicit enrichment, that is, a significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income.”

“By virtue of Section 174 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) the Attorney General of the Federation is constitutionally empowered to institute and undertake criminal proceedings against any person in Nigeria in respect of any offence created by or under any Act of the National assembly in superior courts in Nigeria.”

“The Attorney General of the Federation has failed, neglected and or refused to institute and undertake criminal proceedings against Mrs. Dame Patience Jonathan over $15m unexplained wealth frozen in her accounts.”

“Obedience to the rule of law by all citizens but more particularly those who publicly took oath of office to protect and preserve the constitution is a desideratum to good governance and respect for the rule of law. In a democratic society, this is meant to be a norm; it is an apostasy for government to ignore the provisions of the law and the necessary rules made to regulate matters”.

“Mrs. Jonathan is a politically exposed person under anticorruption standards. She is also covered under the definition of ‘public officials’ contained in the UN Convention against Corruption to which Nigeria is a state party. Under article 2 of the convention, public officials include Mrs. Jonathan or any other family members of the former President Goodluck Jonathan who exercised official duties while he was president.”

“This matter is presently generating a lot of public concern and discourse and is presently in the front burner of national discourse thus germane to Nigerians and that the alleged crime is in our society at the moment regarded so serious as to be a bother on daily life. By the nature of the case, it ought to be heard urgently. It is in the interest of justice to grant this application.”

SERAP is asking for:

A DECLARATION that the failure of the Respondent to institute and undertake criminal proceedings against Mrs. Dame Patience Jonathan over $15m unexplained wealth frozen in four companies’ accounts is unconstitutional and unlawful as it contradicts and in conflict with the duties and obligations of the Respondent under the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the Corrupt Practices and Other Related Offences Act 2000

AN ORDER OF MANDAMUS compelling the Respondent to urgently institute and undertake criminal proceedings against Mrs. Dame Patience Jonathan over $15m unexplained wealth frozen in four companies’ accounts.

“Nigerian laws allow for criminal penalties and forfeiture if in the course of an investigation there are reasonable grounds to believe that a corruption offence has been committed, that is, the failure to explain the origin of the $15m given present or past emoluments, and other relevant circumstances.”

“By a letter dated 13 September, 2016, requested the Attorney General of the Federation to urgently institute and undertake criminal proceedings against one Mrs. Dame Patience Jonathan over $15m unexplained wealth frozen in four companies’ accounts. But since the receipt of the letter, and up till the filing of this suit, the Attorney General of the Federation and Minister of Justice has so far failed, refused and/ or neglected to institute and undertake criminal proceedings against Mrs. Dame Patience Jonathan.”

“Mrs. Jonathan has admitted that the four accounts belong to her and that she is the sole signatory to these accounts. The four Companies and their directors have since pleaded guilty to the commission of the offence. The fact that the $15m found in the four accounts belong to Mrs. Jonathan raises serious suspicion or at the very least a prima-facie case of unexplained wealth/illicit enrichment, and imposes a duty on Mrs. Jonathan to explain and justify the source(s) of the $15m.”

No date has been fixed for the hearing of the suit.

Socio-Economic Rights and Accountability Project (SERAP) has asked Mr. Abubakar Malami (SAN), Attorney-General of the Federation and Minister of Justice, to “use your good offices as a defender of public interest, and exercise your powers under Section 174(1) of the Constitution of Nigeria 1999 (as amended), to urgently institute and undertake criminal proceedings against Mrs Dame Patience Jonathan over $15m unexplained wealth frozen in four companies’ accounts.”

The organization asked Mr Malami to “take this step within 7 days of the receipt and/or publication of this letter, failing which SERAP will institute legal proceedings to compel the discharge of constitutional duty in this matter.”

The letter dated 13 September 2016 and signed by SERAP executive director Adetokunbo Mumuni argued that, “Mrs Jonathan is a politically exposed person under anticorruption standards. She is also covered under the definition of ‘public officials’ contained in the UN Convention against Corruption to which Nigeria is a state party. Under article 2 of the convention, public officials include Mrs Jonathan or any other family members of the former President Goodluck Jonathan who exercised official duties while he was president.”

The letter reads in part: “According to article 2 “for the purpose of some specific measures contained in chapter II of this Convention, “public official” may mean any person who performs a public function or provides a public service.”

“Thus, article 2 makes it very clear that any person, such as Mrs Jonathan performing a public function, entrusted with a public task or to whom public functions have been assigned are public officials, regardless of whether they have been elected or appointed, paid or unpaid.”

“In this context, it is the character of the duties performed by Mrs Jonathan while her husband was president that is the overriding consideration as she held a position of trust by virtue of performing public functions or services. In addition, such public duties or services by her are expected to be performed in good faith.”

“Under article 20 of the convention, this government has an obligation to prosecute intentional illicit enrichment, that is, a significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income.”

“The fact that the $15m found in the four accounts belong to Mrs Jonathan raises serious suspicion or at the very least a prima-facie case of unexplained wealth/illicit enrichment, and imposes an obligation on Mrs Jonathan to explain and justify the source(s) of the $15m.”

“In the event that she is not able to justify, explain or put forth evidence demonstrating the legitimate origin of the $15m, SERAP urges you to take immediate steps to forfeit the asset under appropriate legal proceedings, and to institute criminal prosecution for unexplained wealth in the matter.”

“Similarly, section 44 of the Corrupt Practices and other Related Offences Act criminalises unexplained or illicit wealth and allows criminal penalties and forfeiture if in the course of an investigation there are reasonable grounds to believe that a corruption offence has been committed, that is, the failure to explain the origin of the $15m given present or past emoluments, and other relevant circumstances.”

“SERAP notes that Mrs Jonathan has admitted that the four accounts belong to her and that she is the sole signatory to these accounts. The four accounts in which Mrs Jonathan’s $15m was lodged are said to belong to the following companies: Pluto Property and Investment Company Limited, Seagate Property Development and Investment Company Limited, Trans Ocean Property and Investment Company Limited and Globus Integrated Service Limited. Mrs Jonathan was given a platinum card and exclusive access to the accounts.”

“According to reports, a houseboy, a driver and other domestic workers of a former Special Adviser on Domestic Affairs to former President Goodluck Jonathan, Waripamowei Dudafa, were named as directors.”

“Pursuing prosecution in this case would help to provide adequate reparation, which may take the form of restitution, compensation, satisfaction or guarantees of non-repetition to victims of corruption who continue to be denied their right to an effective remedy. It would also send a clear message that cases of unexplained wealth or illicit enrichment involving politically exposed persons would not go unpunished.”

“The use of the offence of illicit enrichment is necessary to any anticorruption movement, and accepted instrument in the global fight against corruption. It would also enhance the government’s powers to monitor wealth and improve transparency and accountability within the public sector. SERAP considers this as a proportionate and measured response to the pernicious problem of corruption in the country. By combating an official’s unexplained material gains, illicit enrichment offenses make it clear to public officials that if they engage in corrupt conduct they would forfeit illegally acquired wealth and go to prison.”

Socio-Economic Rights and Accountability Project (SERAP) has sent an open letter to Mr. Abubakar Malami (SAN), Attorney-General of the Federation and Minister of Justice asking him to “use your good offices as a defender of public interest, and exercise your powers under Section 174(1) of the Constitution of Nigeria 1999, and sections 104--106 of the Administration of Criminal Justice Act to re-open the unresolved case of missing $12.4 billion oil windfall.”

The organization asked Mr Malami to “establish the truth about what exactly happened to the public funds reportedly spent between 1988 and 1993 by the government of former military president, Gen. Ibrahim Badamasi Babangida.”

The letter dated 19 August 2016 and signed by SERAP executive director Adetokunbo Mumuni urged Mr Malami to “work diligently and effectively to find and publish widely the Pius Okigbo panel report, as well as bring to justice anyone suspected of corruption and mismanagement of the colossal public funds.”

The letter reads in part: “SERAP has for many years sought explanations and official release of the Okigbo panel report, which the government voluntarily established but successive governments have blocked every chance to make this happen, even claiming that the report of the panel could not be found. SERAP’s request is entirely consistent with established legal principle that in matters relating to crimes including corruption, time does not run against the state.”

“Reopening the case would also send a clear message that cases of high-level official corruption would not go unpunished no matter how long it takes and that suspected perpetrators would be held to account no matter who is involved.”

“SERAP also believes that re-opening the unresolved case of missing $12.4 billion oil windfall would serve as a litmus test for the government of President Muhammadu Buhari oft-repeated commitments to transparency, accountability and the fight against corruption in the country. Full accountability for the missing public funds would contribute to ending impunity of high-ranking public officials for large scale corruption and provide effective remedies to victims of corruption.”

“SERAP believes that Nigerians have the right to their natural resources and wealth and to economic development, as guaranteed by 21 and 22 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act), the rights that are being denied by the failure of successive governments to resolve the case of missing $12.4 billion oil windfall.”

“The government of President Buhari has the duty to find the Okigbo panel report and to pursue accountability on the spending of the accrued revenue. Such duty exists on the basis of Article 9 of the African Charter on Human and Peoples’ Rights, which has become part of our national laws, as well as the provisions of the Freedom of Information Act.”

“Reopening the case would help to provide adequate reparation, which may take the form of restitution, compensation, satisfaction or guarantees of non-repetition to millions of Nigerians that have been denied their human rights as a result of the failure by successive governments to ensure transparency and accountability in the spending of $12.4 billion oil windfall.”

“We hope that you would act swiftly in this case and do justice by reopening the case, publishing the Okigbo panel report and holding to account anyone suspected to be responsible for the missing public funds.”

“SERAP notes that the Federal Government in 1994 set up the Pius Okigbo Panel to investigate the activities of the Central Bank of Nigeria and recommend measures for the re-organization of the Bank. In the course of its assignment the Okigbo panel found that the $12.5 billion in the Dedicated and Special Accounts had been depleted to $100 million.”

“The panel recommended that the Dedicated and Special Accounts be discontinued. The panel also recommended the immediate re-organization of the Central Bank of Nigeria. In line with the said recommendations the Dedicated and Special Accounts were discontinued while the Central Bank was re-organized. But the truth about what exactly happened to the missing $12.4 billion oil windfall is yet to be known.”

The Socio-Economic Rights and Accountability Project (SERAP) has asked Speaker of the House of Representatives Mr Yakubu Dogara to step aside from his office for investigation into alleged budget padding by the Economic and Financial Crimes Commission (EFCC).

The organisation in an open letter to the speaker asked him to ensure that other principal officers of the House, suspected to be involved in the alleged padding to also step down pending the outcome of the investigation by the anti-corruption agency.

The letter which dated 29 July, 2016 was signed by SERAP executive director Adetokunbo Mumuni.

It reads in parts, “Following confirmation received by SERAP from the EFCC that it has taken up and looking into SERAP’s petition to the body on the allegations that the leadership of the House of Representatives padded the 2016 budget to the tune of N481 billion, SERAP is now writing to request you to immediately step aside from your position as Speaker of the House of Representatives pending the outcome of the investigation.

“We also urge you to ensure that other principal officers of the House suspected to be involved in the alleged padding step aside from their positions to allow for the investigation by the EFCC and other agencies to go ahead unhindered.

“SERAP has also reviewed several documents circulating on the internet on the alleged budget padding and we believe that these documents establish a prima-facie case of corruption, which deserves a thorough, transparent, independent and effective investigation by the EFCC and other agencies.”

“In the circumstances, SERAP calls on you to demonstrate your often-expressed commitment to transparency, accountability, constitutionalism, democratic governance and the rule of law in Nigeria by now stepping aside from your position as Speaker and to ensure that other principal officers suspected to be involved in the budget padding do the same, pending the outcome of the investigation already by the EFCC.”

“SERAP’s call is entirely consistent with the constitution of Nigeria 1999 (as amended). As the supreme law of the land, all organs of government including the National Assembly are obliged to perform their functions in accordance with the constitution and other enabling laws.”

“SERAP agrees with the Constitutional Court of Uganda when it asserted in Constitutional Petition No. 47 of 2011 Twinobusingye Severino vs Attorney General that, ‘In modern democracies, the term ‘stepping aside’ is now generally taken as part of the responsibility of the holder of a public office in discharging his or her duty of being accountable to the people. Thus a culture has developed in modern democracies, Uganda inclusive, whereby a Public officer whose conduct in a public office is being questioned steps aside, on his or her own, to enable investigations to be carried out without his or her influence.’”

“Indeed, SERAP believes that the necessity of being accountable to the people, by anyone holding a public office in Nigeria is clearly embedded in the constitution as provided under Chapter 2 titled: Fundamental Objectives and Directive Principles of State Policy.”

“Specifically, Chapter 2 provides among others that all public offices shall be held in trust for the Nigerian people; that all persons placed in positions of leadership and responsibility shall in their work be answerable to the people; and that all lawful measures shall be taken to expose, combat and eradicate corruption and abuse or misuse of power by those holding political and other public offices.

“SERAP believes that the allegations of budget padding by the leadership of the House of Representatives have undermined the status of the National Assembly which is supposed to be the fountain of constitutionalism. The Speaker, as the head of the House, has a big role to play in guiding parliamentarians to embrace transparency by sending a powerful message that allegations of corruption will not be condoned, tolerated or covered up.”


http://punchng.com/budget-padding-serap-asks-dogara-step-aside-efcc-probe/

Centre-back Pepe returned from injury and William Carvalho from suspension as Portugal made two changes to their starting XI for Sunday’s Euro 2016 final against France, who were unchanged.

Real Madrid defender Pepe missed Portugal’s 2-0 semi-final win over Wales with a thigh injury, but declared himself fit on the eve of the final and returned to the team in place of Bruno Alves.

Holding midfielder Carvalho took over from Danilo for the final at Stade de France after missing the Wales game due to suspension.

http://punchng.com/euro-2016-final-pepe-portugal-starting-lineup/

Socio-Economic Rights and Accountability Project (SERAP) has stated that “the freezing of Governor Ayodele Fayose’s account by the Economic and Financial Crime Commission (EFCC) is lawful under section 308 of the 1999 constitution and international law particularly the UN Convention against Corruption to which Nigeria is a state party.”

The group argued that, “The freezing of the account is a preventive measure targeting the rem, which is necessary for the conduct of an effective investigation of allegations of corruption involving former National Security Adviser Sambo Dazuki.”

The group in a statement today by its executive director Adetokunbo Mumuni stated that, “The freezing of accounts of sitting governors and other high-ranking public officials accused of corruption is essential for the flow of investigation which is allowed under section 308. The investigation is pointless without the freezing of the account.”

The statement reads in part: “Specifically, article 30 of the UN Convention against Corruption entrenches a functional notion of immunity; that is, it attaches to the office and not the office holder. Under article 30, states are required to ensure that immunity of public officials is not used as a ploy to frustrate prosecution of cases involving other persons such as Dazuki, accused of corruption. SERAP believes without the freezing of the accounts of Fayose by the EFCC, the investigation and adjudication of corruption allegations involving the former National Security Adviser may be undermined, which will directly violate article 30 requirements.”

“Similarly, article 31 of the convention covers the ‘what’ and not the ‘who’. It allows states to take measures to identify, trace, restrain, seize or freeze property that might be the object of an eventual confiscation order. One such measure provided for under the provision is to ensure that anticorruption bodies such as the EFCC can adopt provisional measures including freezing of assets involved in suspicious transaction reports, at the very outset of an investigation.”

“According to the UN Technical Guide on the interpretation of the convention, ‘to be effective, restraint, seizure or freezing measures by anticorruption agencies should be taken ex parte and without prior notice. Where judicial authorization is required, the procedure should be fashioned in such a manner as not to delay the authorization and frustrate the procedure.”

“The Guide also provides that ‘under an administrative freezing system, the agency receiving the suspicious report is empowered to decide upon a provisional freezing, and its decision is subject to judicial confirmation. In automatic freezing, the gatekeeper is obligated to freeze the assets involved in the transaction at the time of reporting, without tipping off its client, and for a short period of time within which a competent authority must decide whether to keep the assets frozen or not. In both cases, the decision is moved forward in order to increase efficiency and allow for timely freezing.’”

“The objective of this in rem procedure of freezing is a temporary immobilization of any account pending investigation into allegations of corruption cases. Freezing of accounts only covers the rem and is different from confiscation which is linked to the conviction of a defendant that could only be adopted in personam.”

“Article 30 and 31 provisions are clearly binding on Nigeria. This is in keeping with the general principles of international law, as provided under customary international law and articulated in the Vienna Convention on the Law of Treaties 1969, which provide that a state cannot invoke domestic law as a defense for failing to implement an international obligation.”

“Immunity shouldn’t be available to bar effective investigation of corruption cases including freezing of accounts because such cases are entirely unrelated to the legitimate exercise of constitutional powers by public officials covered under section 308. Immunity doesn’t mean impunity and a licence for serving high-ranking public officials including governors to imply that they are untouchable in cases of allegations of corruption against them.”

“In several cases, the Supreme Court of Nigeria has made it clear that immunity under section 308 is not absolute and does not bar investigation of serving high-ranking public officials such as Governor Fayose, including relating to allegations of corruption. International and regional courts have also circumscribed the application of immunity in corruption matters.”

“SERAP notes that apart from the UN Convention against Corruption, the African Union Convention on Preventing and Combating Corruption which Nigeria has ratified also includes mandatory provisions requiring states to restrict the scope of application immunity for public officials in corruption matters. The Commowealth has also urged member states to commit themselves to take active steps to ensure the removal of immunity in corruption cases.”

“As provided by the UN through the Technical Guide to the UN Convention against Corruption, article 30 of the convention allows for sanctions which take into account the gravity of allegations of corruption and requires states to strike an appropriate balance between immunity of public officials and the need to tackle corruption and achieve effective law enforcement.”

“Article 30 even provides for the reversing of burden of proof in order to facilitate the determination of the origin of proceeds of corruption. This is different from a reversal of the burden of proof regarding the elements of the offence which is directly linked with the presumption of innocence.”

“The spirit of the 1999 constitution as reflected in chapters 3 and 4 include the prevention of corruption and promotion of transparency, accountability, the rule of law, and good governance. The chapters establish standards of conduct for the correct, honourable and proper fulfilment of public functions. Clearly, these principles are the very antithesis of high-level official corruption.”

“SERAP therefore believes that the Fayose case provides an important opportunity for the Attorney General of the Federation and Minister of Justice Abubakar Malami to approach the Supreme Court to test the scope of application of section 308 in corruption matters in light of international consensus and gravity and consequences of high-level official corruption in the country.”

“It’s very unlikely that in the current situation of our country the Supreme Court will extend the application of section 308 to grand corruption cases. It would be inconsistent and incompatible with the letter and spirit of the constitution and the principles it entrenches if serving senior public officials suspected of corruption are able to use section 308 to shield themselves from criminal liability.”

“It would amount to a travesty of justice for section 308 to be interpreted in a manner that will render sitting governors and other high-ranking public officials effectively above and beyond the reach of the law.”

“SERAP also notes the EFCC Report on the investigation of 31 former governors while in office, which was presented to the National Assembly in 2006 by the former Chairman of the EFCC, Mr Nuhu Ribadu. The Report, which was accepted and adopted by the National Assembly, documented the cases and indictments against the former governors. SERAP reiterates its call to Mr Malami to take steps to take over the cases and prosecute all 31 former governors suspected of official corruption while in office.”

Lagos – The German Consul-General in Lagos, Mr Ingo Herbert, has urged Nigerian leaders to intensify efforts in equipping the teeming youths with quality education at all levels. He made the call on the sidelines of the official launch of an NGO called SJJ Education on Tuesday in Lagos.

SJJ Education is a German Education NGO for international students. Herbert said that one of the ways to ensure quality education in youths was to use substantial portion of recovered funds allegedly stolen by public officials in ensuring free tuition across all levels. The envoy added that for any country to attain accelerated development and growth, it must invest massively in the education of its citizens. German envoy, Ingo Herbert He added that “education is a critical and potent weapon in the empowerment of any individual.

“In October 2014 for example, the German Government took the step to completely scrap tuition fees in all public universities which allowed international students to study in universities free. “With this arrangement, we had in 2014, about 2.7 million university students studying free with about 300,000 of them foreigners.

“This German policy on education, particularly the higher education, is made free for everyone, irrespective of nationality.” The Chairman of SJJ Education, Mr Saturday Jackson, said that the purpose of the launch of the NGO was to create more awareness on its activities. Jackson said that the NGO, which commenced operations in 2012, had so far assisted 200 Nigerian students to travel to Germany to further their education.

He added that “our job basically is to package all the education needs and travel requirements for students who genuinely show interest in studying in Germany. “We serve as a bridge between German universities and students in Nigeria by screening and vetting these candidates for these universities. “As Germany opens up to international students, many of her institutions now offer courses and programmes entirely in English language.

“This means Nigerian students can take up Bachelor’s and Master’s Degrees, as well as PhDs and Research Fellowships without a prior study on German language.” Meanwhile, the Head of Visa section of the Consul-General, Mr Sebastian Polzin, said visa would be issued to only students with genuine proof of going to study in Germany. He said that the only reason why some intending students were denied visa was when they fail to meet up with laid down requirements as stated by the law.

Photo caption: Consul-General of the Federal Republic of Germany in Lagos, Mr Ingo Herbert( middle) ; Chairman/ CEO SJJ Education, Mr. Saturday Jackson( 3rd left) and Managing Director SJJ Education, Mr. Andrew Jason( 3rd right) and other staff of the organisation during the Tuition-free German Education summit held at Four Points by Sheraton, Victoria Island Lagos yesterday.

Foremost Educational consultancy service, SJJ Education has said that opportunities now abound in universities in Germany for international students, Nigerians inclusive, to earn a degree or masters in different courses in the European country without paying tuition.

In a statement, made available to newsmen in Lagos, the organisation says," the German government in October 2014, took the step to completely scrap tuition fees at all public universities which allowed international students to study at their universities without paying any tuition fees. "

The statement also said, international students can also benefit from study grants, financial aid and student loans.

"Germany is currently ranked as the 3rd destination of choice for international students (behind USA & UK, but ahead of France, Australia Canada). Its institutions are world renowned in fields of Engineering, Medicine, Business Management, Arts and Social Science.

" As Germany opens up to International students, many of her institutions now offer courses and programmes entirely in English language. This means Nigerian Students can take up Bachelors, Master’s Degree, PhD’s and Research Fellowships without a prior study of the German Language. Student can study the language along with their courses. "

Also speaking, Chairman/ CEO SJJ Education , Mr. Saturday Jackson said his organisation will be the bridge between German Universities and students in Nigeria, providing screening and vetting arm for the universities..

According to him, " We work with a large section of German universities to promote both English led and German led courses to students in West Africa, serving as the Screening and vetting arm of these Universities. We first pre-qualify quality Nigerian students, verify their applications (authenticity, work experience, references, transcripts, interests, etc.) and then place these candidates based on the specific requirements from the Universities."

" We also promote courses for Foundation Schools, Vocational Colleges, University Degrees (Bachelor, Master’s), PhD’s and Research Fellowships. Once our students have been accepted for a University place, we assist them with all they need to relocate, settle and thrive in their academic pursuits.

"Our support teams in Germany will facilitate all the requirements for a smooth transition into Germany. Whilst studying, students can have the opportunity to gain practical work experience and valuable internships with leading companies, institutions and global brands. Post study, students can return to enjoy senior positions at the increasing number of German multinational companies here in Nigeria, across African, or venture afield on the international labour market where German training is world renowned for efficiency and an uncompromising work ethic."

Socio-Economic Rights and Accountability Project (SERAP) has urged the Federal Government to “stand up to powerful oil companies that have continued to abuse the human rights of the people of the Niger Delta with impunity for decades if it is to satisfactorily resolve the crisis in the region.”

Against continuing crisis in the Niger Delta fuelled by the activities of the 'Niger Delta Avengers'who are relentlessly bombing the country's oil infrastructure and have slashed its crude output, SERAP in a statement today by the organization's executive director Adetokunbo Mumuni said that, “An important part of the solution to the human rights crisis is for President Muhammadu Buhari to implement the ECOWAS Court judgment which ordered the Nigerian government to punish oil companies over oil pollution and devastation in the region.”

The statement reads in part: “This government should make sure that the activities of oil companies in Nigeria bring development to the people, rather than a string of needless human rights tragedies.”

“The government of former President Goodluck Jonathan ignored the judgment and showed no political will to hold to account oil companies that have for many years continued to destroy the livelihoods of tens of thousands of people with almost absolute impunity. President Buhari shouldn’t repeat Jonathan’s mistake. He should make sure that his government adheres to this judgment without further delay.”

“Oil companies, particularly Shell, have managed to evade responsibility for far too long. And successive governments have allowed them to do so, putting profits before people. As a result, communities badly affected by oil pollution are sinking further into poverty, unable to eat the contaminated fish or drink the water, stained black from the pollution.”

http://www.vanguardngr.com/2016/06/stand-powerful-oil-companies-end-niger-delta-crisis/

Abuja – The Economic and Financial Commission has disowned the Deputy Senate President, Ike Ekweremadu. As its anti-corruption ambassador. Ekweremadu was reportedly decorated as an ambassador of the anti-graft agency by its National Assembly Liaison Officer, Sulaiman Bakari, on Tuesday.

But apparently angered by such appointment and decoration of the DSP, the commission kicked against it on Wednesday morning, saying th‎at it did not authorise Bakari to confer such status on Ekweremadu or any other politician for that matter.

In a statement dissociating the commission from the action, EFCC Spokesman. Wilson Uwujaren, claimed Bakari acted on his own as the commission does not give awards but investigates economic and Financial crimes. Wilson said: “The attention of the Economic and Financial Crimes Commission, EFCC, has been drawn to some reports in the print and online media, on April 20, 2016 claiming that the anti-graft agency has decorated the Deputy Senate President, Ike Ekweremadu, as “Anti-Corruption Ambassador”.

“According to a statement issued to the Press by the Special Adviser to the Deputy Senate President, Uche Anichukwu, the purported decoration, was carried out by the EFCC National Assembly Liaison Officer, Suleiman Bakari who was quoted to have said: “ On behalf of my acting chairman, Mr. Ibrahim Mustafa Magu and the entire management and staff of the EFCC, decorate you as an Anti- Corruption Ambassador and formally present this frame, as a token of our appreciation to your person and office, and as a symbol of the institutional partnership between the EFCC and the National Assembly”.

“The EFCC totally dissociates itself from the purported action of Sulaiman Bakari as he acted entirely on his own. “He clearly acted outside his brief as a liaison officer as the management of the Commission at no time mandated him to decorate Ekweremadu or any officer of the National Assembly as Anti- Corruption Ambassador.


Read more at: http://www.vanguardngr.com/2016/04/%e2%80%8eefcc-disowns-ekweremadu-anti-corruption-ambassador/

ABUJA – The Supreme Court, on Friday, gave the Economic and Financial Crimes Commission, EFCC, the nod to prosecute the former Governor of Abia State, Dr. Orji Uzor Kalu on a 107-count corruption charge.

The charge borders on the alleged complicity of the erstwhile governor in money laundering and illegal diversion of public funds to the tune of N5.6billion. Kalu was alleged to have perpetuated the fraud while he piloted the affairs of Abia State between 1999 and 2007.

Though the anti-graft agency docked him before the Abuja Division of the Federal High Court on July 27, 2007, however, for the past eight years, the defendant, through various interlocutory applications, frustrated moves by the prosecution to open its case against him.

The defendant firstly challenged the competence of the charge against him, as well as the jurisdiction of the High Court to hear and determine the case.

Meanwhile, following refusal by the trial court to quash the charge, Kalu, took the case before the Court of Appeal in Abuja. The appellate court, in a unanimous judgment, upheld the competence of the charge, adding that the high court was constitutionally empowered to exercise jurisdiction on the trial. Dissatisfied with the verdict, Kalu approached the Supreme Court, begging it to set-aside the concurrent findings of the two lower courts.

Read more at: http://www.vanguardngr.com/2016/03/breaking-alleged-n5-6bn-fraud-supreme-court-orders-efcc-prosecute-ex-gov-orji-kalu/

Socio-Economic Rights and Accountability Project (SERAP) has sent a petition to Ms. Monica Pinto UN Special Rapporteur on the independence of judges and lawyers requesting her to “use your good offices and position to urgently prevail on the National Judicial Council (NJC) to suspend the judge involved in the alleged receipt of N225, 000 bribe.”

The group also asked Ms Pinto to prevail on “the Nigerian Bar Association (NBA) to ask the Legal Practitioners Disciplinary Committee (LPDC) to suspend the lawyer involved in the alleged payment of N225, 000 bribe in Nigeria, pending the completion of any investigation and/or final determination of any trial on the matter.”

The petition dated 19 February 2016 was signed by SERAP executive director Adetokunbo Mumuni. The petition reads in part: “SERAP is concerned that despite these serious allegations of bribery and corruption, the National Judicial Council has failed and/or refused to suspend the judge involved pending any investigation and/or trial of the judge. Similarly, the Nigerian Bar Association has failed and/or refused to ask the Legal Practitioners Disciplinary Committee to suspend the senior lawyer involved pending the final determination of the case against him.”

“SERAP is concerned that the allegations of bribery and corruption such as the alleged payment and receipt of N225, 000 threaten the very essence of the independence of the judiciary and the actors in the legal profession.”

“Such allegations also severely undermine the rule of law, the public’s confidence in the judiciary, raise the cost for judicial services because litigation is driven by corruption instead of by the legal process, discourage people from resorting to the formal justice system, and ultimately victimise the most disadvantaged sectors of the population who do not have the means to play by the informal rules set by a corrupt system.”

“The allegations also undermine fair competition and economic growth, as there is a clear correlation between the level of economic activity in a country and an effective judiciary combating corruption.”

“SERAP believes that the NJC and the NBA are in the best position to tackle judicial corruption and corruption within the legal profession, and to ensure the application of appropriate disciplinary measures in cases of bribery and corruption such as the alleged N225, 000 bribe highlighted above.”

“Indeed, both the NJC and the NBA have clear responsibilities to counter and combat all manifestations of judicial corruption and corruption within the legal profession. Therefore, the continuing failure by the NJC to suspend the judge involved, and the NBA to ask the LPDC to suspend the lawyer involved will continue to allow judicial corruption to grow, undermine the efforts of all other institutions of governance, and can lead to impunity.”

“SERAP notes that article 14 of the International Covenant on Civil and Political Rights recognizes the principle of equality of all persons before courts and tribunals and the guarantee of a competent, independent and impartial tribunal established by law. However, the enjoyment of the right to a fair, effective and efficient administration of justice is impossible if the judiciary and the legal profession cannot act with integrity.”
SERAP therefore urged Ms Pinto to prevail on both the NJC and the NBA to:
1. Exercise their mandates to deal fairly with any suspicion or evidence of acts of corruption;

2. Take measures to strengthen the integrity of the bench and the bar, and to prevent opportunities for corruption among members of the judiciary;

3. Fully and effectively enforce the codes of conduct to promote and ensure correct, honourable and proper performance of judges and lawyers;

4. Promptly and adequately investigate any allegations of corruption in the judiciary and the legal profession, and to ensure that any sanction or investigative process against judges and lawyers does not undermine the credibility of judiciary and the legal profession or offend the right to a fair trial;

5. Place the independence of judges and lawyers at the centre of their policies aimed at preventing and combating corruption and strengthening the rule of law and human rights;

6. Contribute to strengthening safeguards for the independence of the judicial system and safeguards against judicial corruption in order to ensure the accountability of judges and lawyers;

7. Encourage judges and lawyers to discharge their functions with integrity and impartiality and preserve the dignity of their profession;

8. Recognize that the requirement of independence and impartiality of the judicial and legal professions does not exist for the benefit of the members of the profession themselves, but rather for the users of the justice system, as part of their inalienable right to a fair trial

It would be recalled that Rickey Tarfa, a senior Nigerian lawyer, allegedly made phone contacts with Justice Mohammed Yunusa in a case before the judge. The Economic and Financial Crimes Commission (EFCC) alleged that Mr. Tarfa’s law firm, Rickey Tarfa & Co. paid N225, 000 into Justice Yunusa’s bank account.

Following growing allegations of corruption against some senior lawyers and their alleged complicity or facilitation of judicial corruption, Socio-Economic Rights and Accountability Project (SERAP) has called “for tougher sanctions against those found to be involved if large scale political corruption is to be meaningfully combated and corruption-free judiciary is to become a reality.”

In a statement dated 14 February 2016 and signed by SERAP executive director Adetokunbo Mumuni, the organisation said, “It’s not only professional misconduct but also a crime for a lawyer to knowingly assist or induce another to break, violate or attempt to violate the rules of professional conduct or commit a corrupt act and other action prejudicial to the administration of justice that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.”

The statement reads in part: “Lawyers are officers in the temple of justice but improperly influencing a public official to achieve results by means that violate lawyers’ rules of professional conduct or knowingly assisting a judge or judicial officer in conduct that violates applicable rules of judicial conduct or other laws is a clear negation of this sacred duty.”

“Yet, corrupt lawyers and judges often get away with their misconduct and crime. This impunity has contributed to the spo­radic and lax prosecution and punishment of officials responsible for large-scale corruption, while, conversely, imposing severe sanctions for petty corruption and criminals, so as to give the impression of justice. This situation violates the underlying legal and moral assumptions that all persons will be treated equally, fairly, and with respect.”

“Any lawyer who acts in such a way as to be directly responsible for the act of corruption or acts as part of a conspiracy to corrupt should face liability as a “principal” offender.” Even where a lawyer is not directly responsible for the act of corruption but facilitates or otherwise provides assistance to a principal offender, he/she should be liable as an accessory or accomplice. This accountability mechanism for lawyers and judges must follow due process of law.”

“The obligation on lawyers not to engage in illegal activities is vital in upholding professional standards and obviously extends to the activities of bribery and corruption, as lawyers must not themselves breach, or facilitate a breach, of the law.”

“For the sake of the legal profession, the cause of justice and effective remedies for victims of large scale corruption such as the arms procurement scandal, appropriate authorities particularly the Nigerian Bar Association (NBA) have to speak out strongly against corruption in the legal profession.”

“The NBA has to provide strong leadership including by strongly and publicly speaking out against corruption in the legal profession and the judiciary, promoting tougher sanctions against corrupt lawyers even if those involved are senior members of the bar including SANs, and judges and creating, developing and actively promoting anticorruption initiatives for the legal profession if it is to remain credible, relevant and add value to the ongoing fight against large scale corruption in the country.”

“The NBA in fact has an abiding responsibility to consistently and proactively promote and ensure lawyers’ compliance with anti-corruption and ethics rules, and to encourage lawyers to carry out their professional duties diligently and conscientiously and refrain from doing anything which would expose the legal profession to ridicule.”

It would be recalled that the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed recently accused lawyers of aiding and abetting corruption on the bench. In a statement issued by the media aide to the CJN, Mr. Ahuraka Yusuf Isah, Justice Mohammed said lawyers, both old and young, who decried the rots on the bench were usually the first to rush to court to seek a court order to stop the National Judicial Council (NJC) from investigating judges alleged to have acted wrongly.”

“I urge the bar to put the interest of the system far and above the individuals. Imagine this scenario; you in the bar decry the “rots” on the bench, calling for disciplining and cleansing of the judiciary by weeding out the bad eggs from the bench. Yet, you are the first to jump to the court to seek restraining order on the NJC to stop it from the investigation and trial of a judge based on a petition brought against the judge before the council. How then is the principle of fair hearing sustained?”

LAGOS— THE Socio-Economic Rights and Accountability Project (SERAP) has sent an appeal over the decision of the World Bank to provide insufficient information on how the government of Nigeria spent the recovered stolen funds by the late General Sani Abacha.

In the appeal by SERAP to the Access to Information (AI) Appeals Board on the bank’s decision dated November 25, 2015, it requested the board to exercise its prerogative and allow disclosure of specific information and any feedback from the World Bank Evaluation Team on the several issues, including the “evidence and list of the 23 projects allegedly completed with recovered Abacha loot, and whether the projects were actually completed; and what became of the two abandoned projects.”

In a statement by SERAP Deputy Executive Director, Olukayode Majekodunmi, the body complained that the World Bank failed to disclose sufficient information on the spending of recovered stolen funds by the government.

To this end, it urged the AIAB to prevail on the bank to provide evidence and the location of the eight health centres built with recovered Abacha loot reviewed by the World Bank as well as the evidence and location of the 18 power projects confirmed by the World Bank.

SERAP also urged the Appeal Board to direct the bank to state “how the $50 million Abacha loot received before 2005 kept in the special account was spent," and “evidence and location of schools which benefited from the Universal Basic Education (UBE) programme in the amount of N24.25 billion.”

It also prayed the Appeal Board to request for “evidence and location of the 13 road projects completed with the recovered Abacha loot, including the names of three of the largest road and bridge projects in each geo-political zone” as claimed by the bank.

SERAP noted it “considered the decision of the World Bank a serious violation of the AI Policy, as it amounts to improper or unreasonable restriction of access to information.”

In the appeal, dated February 5, 2016, and signed by SERAP deputy executive director, it said: “Following receipt of several documents from the World Bank totalling over 700 pages on the Abacha loot, SERAP commenced independent investigations and verification of some of the information supplied with appropriate agencies and institutions of government.

“SERAP is concerned that the World Bank failed and/or neglected to provide several portions of the information requested on the spending of recovered Abacha loot managed by the bank.”

Socio-Economic Rights and Accountability Project (SERAP) has sent an urgent appeal to Mr. Christof Heyns, UN Special Rapporteur on extrajudicial, summary or arbitrary executions, requesting him to “use your good offices and position to urgently investigate allegations of attack by the Nigerian military on a Shia Muslim group in Zaria, Kaduna State, and the alleged killing of numerous people after a military convoy got stuck by a march.”

The urgent appeal dated 17 December 2015 and signed by SERAP executive director Adetokunbo Mumuni reads in part: “SERAP is seriously concerned that the allegations of extra-judicial executions by the Nigerian military amount to serious violations of the right to life, guaranteed under article 6 of the International Covenant on Civil and Political Rights to which Nigeria is a state party.”

“The right to life is so fundamental because without it all other rights would be devoid of meaning. The right to life ensures that every person has a right to be free from the arbitrary deprivation of life and places certain limitations on the use of force, including by the Nigerian military.”

“SERAP is concerned that the attack by the Nigerian military may amount to disproportionate and excessive use of force and not militarily necessary in the fight against Boko Haram. The Nigerian military should have done everything feasible to prevent the killings. “Everything feasible” means precautions that are “practicable or practically possible taking into account all circumstances ruling at the time, including humanitarian and military considerations.”

“As one of the State’s central duties is to protect life, it is a particularly serious breach of this duty when its own agents violate this right – leaving little hope that they will be effective in preventing violations by others. SERAP is concerned that human rights are brought under threat and the security of the country may eventually be put at risk if the power of the military is not properly controlled or if the military is not held to account for serious human rights violations.”

“The 1999 Nigerian Constitution (as amended) and international law recognise the inherent right of every person to life, and that no one shall be arbitrarily deprived of life. Indeed, everyone is entitled to the protection of the right to life without distinction or discrimination of any kind, and all persons shall be guaranteed equal and effective access to remedies for the violation of this right.”

“Moreover, article 4, paragraph 2, of the International Covenant on Civil and Political Rights provides that exceptional circumstances such as internal political instability or any other public emergency may not be invoked to justify any derogation from the right to life and security of the person.”

“Similarly, the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions in Principle 4 sets forth the obligation of Governments including Nigeria to guarantee effective protection through judicial or other means to individuals and groups who are in danger of extra-legal, arbitrary or summary executions.”

“The proportionality requirement under human rights law limits the permissible level of force based on the threat posed the victims to the Chief of Army Staff or his convoy. The necessity requirement imposes an obligation to minimize the level of force used, regardless of the amount that would be proportionate.”

“Thus, States’ duty to respect and to ensure the right to life entails an obligation to exercise “due diligence” to protect the lives of individuals from attacks, including members of the Shia Muslim group in Zaria, Kaduna.”

SERAP therefore asked the Special Rapporteur to:
Publicly express concerns about the allegations of use of excessive force by the Nigerian military and the unlawful killing of many members of the Shia Muslim group in Zaria, Kaduna

Investigate the allegations and/or ask the Nigerian government to thoroughly investigate the allegations and bring to justice anyone suspected to be responsible

Ask the Nigerian government to establish effective accountability mechanisms for human rights violations by its soldiers