Tag: Law

Overview Of The Lagos State Electric Power Sector Reform Law

The Lagos State House of Assembly recently passed the Lagos State Electric Power Sector Reform Law (the “Law”) and same has since been assented to by the Lagos State Governor. The Law essentially aims to boost electricity supply in Lagos State (the State) through the establishment of an embedded power scheme and the creation of offences for energy theft. In addition, in line with the calls amongst industry stakeholders for stiffer penalties or offences to be created to curb the rampant level of energy theft which is significantly affecting the attempts to reduce commercial losses, the Law creates a variety of energy theft related offences with commensurate penalties.

Some of the Key Highlights include:

(a) The Embedded Power Scheme: One of the major features of the Law is the establishment of a scheme for the improvement of electricity supply within Lagos State through embedded power generating plants/projects. Under the Embedded Power Scheme, the Lagos State Government (“LASG ) will work with embedded power generation companies licensed by the Nigerian Electricity Regulatory Commission (“NERC”) and the Lagos State Electricity Board (the Board ) (Embedded Power Providers), feedstock1 merchants and suppliers, and the distribution licensees (Discos) operating within Lagos State (the Lagos Discos”) to improve power supply through the development of embedded power projects. Power generated under the Embedded Power Scheme will be deployed to certain areas of the State to be identified and designated by the Board.2

To guarantee supply of feedstock to embedded power plants under the Embedded Power Scheme, the Law provides that the LASG will appoint feedstock merchants (Feedstock Merchants) to aggregate feedstock from feed stock suppliers and sell aggregated feedstock to Embedded Power Providers under a Feedstock Supply Agreement.

The Law also empowers the Board to liaise with NERC to develop special cost reflective tariffs for all projects under the Embedded Power Scheme. The tariff will however still be subject to NERC’s approval and the current regulatory framework under the Electric Power Sector Reform Act. In addition, section 23 of the Law provides that the Ministry may provide financial indemnities issued through the Lagos State Ministry of Finance and Debt Management Office to Embedded Power Providers and Feedstock Merchants. The objective of this is to guarantee liquidity and bankability of the projects under the Embedded Power Scheme. Similar to the role played by the Federal Ministry of Finance and DFls under the PRG schemes.

(b) Establishment of the Lagos State Electricity Board: The Board is established under the Law as the implementing authority of the Embedded Power Scheme. The functions and powers of the Board under the Law includes, providing support to Embedded Power Providers to obtain necessary licenses, permits and approvals, generating, transmitting and distributing electricity to areas not covered by the national grid, liaising with NERC and other relevant agencies in relation to projects under the Embedded Power Scheme, providing approval to entities intending to operate power plants in Lagos with capacity greater than 1 megawatt, and registering of all power plants in Lagos.

(c) Establishment of the Lagos State Embedded Power Council (the “Council”): The Council will be constituted by representatives of sector stakeholders such as, the Lagos Discos, Manufacturing Agency of Nigeria, Lagos State Electricity Consumers Association, Lagos, Embedded Power Providers, the Board, the Lagos State Ministry of Energy and Mineral Resources. Other entities that will have representation on the Council include, trade unions in Lagos State, the Lagos State Ministry of Finance, the lbile Oil and Gas Corporation, the Lagos State Ministry of Justice and all Local Government Council Development Areas. We note that upon due constitution the Council could potentially have a membership in excess of 50 people, which could become unwieldy, cumbersome and cumbersome.

The Council is mandated under the Law to primarily liaise with all stakeholders in the State and advice the LASG on all issues relating to power supply in the State and electricity tariffs, address consumer complaints in the State subject to NERC Forum Regulations and liaise with all stakeholders in the State on issues relating to electric power. The Council is to sit at least four times every year. The quorum for meetings is 15 members and decisions are made on a majority of votes of members.

(d) Ministry of Energy and Mineral Resources: Under the Law, the Ministry of Energy and Mineral Resources is given the remit to be responsible for the overall coordination of the energy policies and programs within the State. The Ministry is mandated to appoint and issue licenses to Feedstock Merchants to procure aggregate feedstock for utilization under the Embedded Power Scheme. The Ministry is also to initiate incorporation of special purpose vehicles for implementing the Embedded Power Scheme, potentially meaning that the state government could establish a private company to carry on business of electricity generation.

(e) Licensing Regime: Pursuant to section 51 of the Law, no person or company is to operate a power plant within Lagos State without the approval of the Board. In addition, section 17(w) of the Law, requires the Board to maintain a register of all power plants with a capacity of 1 megawatt and above in Lagos State. It is important to note that these provisions create a potential dual registration / licensing regime for power generating companies that are licensed by NERC but wish to locate their operations plants within Lagos State. This would potentially increase the administrative and regulatory burden imposed on such companies and make operating in Lagos State less attractive for them.

We note that the Electric Power Sector Reform Act empowers NERC to provide licenses to entities or persons seeking to own or operate an undertaking for electricity generation exceeding 1 megawatt, while allowing ownership of power generation equipment with capacity of 1 megawatt or less to do so without the need for obtaining a license from NERC4. Therefore if a power generation company has obtained a power generation from NERC, we are of the opinion that it will be in good standing if it does not seek approval from the Board to own or operate a power plant in Lagos State.5

(f) Establishment of the Embedded Power Stabilisation Fund: Section 27 of the Law provides that subject to NERC’s approval, a sum of 2% of the tariff payable by consumers under the Embedded Power Scheme is to be added to end user tariffs and is to be paid into an account designated by the Board. The funds in the account (the “Embedded Power Stabilisation Fund”) will be managed by a fund manager appointed by the Board. The accumulated funds will be used to, meet administrative expenses of the Embedded Power Scheme, and to mitigate losses arising from variables in the tariff model. A power fund management company is established under the Law to oversee management of the Embedded Power Stabilisation Fund. We note that in a situation where the consumers are objecting to increase in tariffs, this is an additional burden and the possibility of this being accepted by consumers is doubtful.

(g) Introduction of Energy Theft Offences: The Law has extensive provIsIons introducing various offences. These include offences for, unlawful connection of electricity lines or cables, meter tampering, diversion of electricity, destruction of electric meters equipment, lines, supplying of electric power without a license, dealing with unauthorized network/infrastructure, obstruction of officials of electricity companies who are carrying out their lawful duties, amongst others. The Law provides stringent punishments which include fines and prison sentences.

A Power Task Force is established under the Law for the enforcement of the provisions of the Law. Section 48 of the Law grants the Power Task Force with the power to search and inspect premises to ascertain if any energy theft offence is being committed, remove unlawful connections and devices, disconnect supply of electricity to any building for failure to pay for electricity consumed, and arrest persons in connection with the enforcement of the Law. The Law does not vest the Power Task Force or any other agency with the power to institute actions for the prosecution of the offences created under the Law. Therefore the duty of prosecution of offences under the Law may fall on the Police and the Director of Public Prosecutions.

(h) Developing Off-Grid Power Projects: Section 17(s) of the Law gives the Board the remit to establish power stations in areas not covered by the Embedded Power Scheme. In addition, section 17(0) of the Law empowers the Board to generate, transmit and distribute electricity to areas not covered by the national grid within the State. Such projects will likely be in rural areas or newly developed communities that are yet to be connected to the national grid or where there is very limited grid presence.

In conclusion, with the introduction of the Embedded Power Scheme under the Law, Lagos State appears to be wooing investors to invest in providing new generation capacity to improve electricity generation and distribution within the State. This is evident with the provision of financial indemnities and the assurance of special cost reflective tariffs (which stakeholders have long been calling for) for projects under the Embedded Power Scheme. This will likely attract existing generation companies to invest in the providing electricity in the State as well as provide opportunities for new players to invest in providing embedded generation or supply feedstock to embedded generation providers.

Footnotes

1. Feedstock is defined under the Law as natural gas, LNG, LPG, CNG, coal, biomass, waste and other feedstock which can be utilized by an Embedded Power Provider.

2. Section 17(n) of the Lagos State Electric Power Sector Reform Law

3. Section 17(g) of the Lagos State Electric Power Sector Reform Law

4. Sections 6 and 98(2) of the EPSRA

5. This is in line with the doctrine of covering the field. See Minister For Justice And Attorney-General Of Federation v. Hon. Attorney-General Of Lagos State 2013) LPELR-20974 (SC); National Lottery Regulatory Commission & Anor v Attorney General of Lagos State Suit No: FHC/ABC/CS/07

First published in Aluko & Oyebode Insights, March 2018

Nigerian Justices move with the Times

Nigerian Justices move with the times in the case of Mrs Betty Darego v. A.G. Leventis (Nigeria) Ltd & 3 Ors, LER[2015] CA/L/481/2011, the Court of Appeal PER Y.B. NIMPAR, J.C.A held on the meaning of the word “PREPONDERATE” thus:

“Preponderate according to www.dictionary.com is a verb and its, original meaning is “to weigh more than” and its source is the Latin word ‘praeponderare’ meaning “out weight”, “to exceed in force or power”. Preponderance would therefore, mean greater weight, a sense of greater importance.”

Comments

In the above quote, it can be seen that the court used a dictionary available on the web: dictionary.com, to define the word “preponderate.” It is good to note that our Lordships are utilizing the Internet to research and cite same as sources of information in their judgments. This is a welcome development and it’s hereby suggested that such practice should be emulated and maintained.

Before now many a lawyer thought that judges, especially justices of  the Court of Appeal and Supreme Court were old men and women who were Luddites (one who is opposed to especially technological change) or technophobes (a person who fears, dislikes, or avoids new technology) but it appears the justices are now taking steps to change that perception and that is commendable.

This is hoping that lawyers too will take up the cue by His Lordship Nimpar J.C.A by carrying out research using the web and also citing web references or hyperlinks in their written briefs. I read some briefs filed by lawyers in the US and judgments from there as well and I see hyperlinks cited in support of arguments and submissions.

Difficulties

Citing web references in legal documents has its downside because of link rot. Link rot is created when a Web page is moved, taken down or reorganized. Clicking on a rotten link usually results in a 404 error, which includes a message that the page cannot be found. According to Tom Venetis:

“Link rot commonly refers to a situation in which a hyperlink that links to a document or an online site no longer leads to the site or content. Another related problem is reference rot where the hyperlink continues to work, but the content of the site the link refers to has changed but does not tell a person where that site or document is now located. The problem is the same in both cases. Information that one is looking for is now not easily found, or cannot be found at all.”

Read next  Recognition and Enforcement of Foreign Judgment in Nigeria. Part 2

A study titled “Something Rotten in the State of Legal Citation: The Life Span of a United States Supreme Court Citation Containing an Internet Link (1996-2010)”, published in the Yale Journal of Law and Technology in 2013, found that nearly one-third of the websites cited by the U.S. Supreme Court were non-functioning, many of which linked to government or education domains.

Solutions

In the US, Michigan’s Supreme Court archives all its cited links through Perma.cc, a crowdsourced link preservation site launched by the Harvard Library Innovation Lab. While anyone can put links on the Perma.cc server, they have to be renewed every two years in order to not expire. But links posted by universities, courts and journal editors stay permanently in the database.

Read next  The Impact Of Autonomous Cars on the Insurance Industry

There is also Webcite (http://www.webcitation.org/) which according to Wikipedia is:

“an on-demand archiving service, designed to digitally preserve scientific and educationally important material on the web by making snapshots of Internet contents as they existed at the time when a blogger, or a scholar or a Wikipedia editor cited or quoted from it. The preservation service enables verifiability of claims supported by the cited sources even when the original web pages are being revised, removed, or disappear for other reasons, an effect known as link rot.”

WebCite is a non-profit consortium supported by publishers and editors, and it can be used by individuals without charge.

 

Article by: Timothy Tion (Lawyer and Writer)

NEWSLETTER 28TH OCTOBER – 2ND NOVEMBER 2018

 

 

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HELLO,
Welcome to LEDAP Nigeria Newsletter
28th October – 2nd November 2018

“Human rights rest on human dignity. The dignity of a man is an ideal worth fighting for, and worth dying for.
—Robert C. Maynard

NEWS

Nigerian Army Establishes Human Rights Desk
The 82 Division of the Nigerian Army in Enugu State says it has established human rights desks in all its formations to address alleged rights abuses. Read more

CJN, Justice, Onnoghen Approves Processes For The Appointment Of 20 Additional Judges For National Industrial Court

The Hon. Chief Justice of Nigeria, Justice W.S.N Onnoghen, GCON has given his approval for the commencement of the processes that will lead to the appointment of twenty additional judges to the National Industrial Court. Read more

Court Stops NLC, TUC’s Planned Strike
The National Industrial Court of Nigeria (NICN) sitting in Abuja has restrained the organised labour from proceeding on its planned nationwide indefinite industrial action. Read more

ECOWAS Court Seeks Better Funding
Ahead of its resumption of hearings today October 30, judges and workers of the Community Court of Justice of the Economic Community of West African States (ECOWAS) met for several days to work out ways of enhancing its operations. Read more

Anxiety as NHRC Probes Rights’ abuse by SARS
Rising to its statutory mandate in a view to address the outcry of victims of SARS’s excesses, the National Human Rights Commission, NHRC has embarked on nationwide investigation of rights abuses and other activities of the squad. Read more

FG Pledges to Abide by Human Rights Obligations
The Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) has pledged the commitment of the Federal Government to live up to her international obligations on human rights. Read more

Nigerian Police Open Fire at Shi’ite Muslim Protesters in Abuja
Police opened fire at Shi’ite Muslim protesters demanding the release of their leader in the Nigerian capital Abuja on Tuesday, October 30, in a second straight day of violence, a Reuters witness said. Read more

Falana to NGOS – Mobilise Masses to Demand Accountability
Falana challenged Non-Governmental Organisations (NGOs) in Africa to lead the battle against corruption in each of their countries when he delivered a keynote statement at the African NGO Forum held in Banjul, Gambia. Read more

World Summit Brings Surge of New Commitments to Protect Human Rights Defenders
Human rights defenders from across all corners of the world gathered in Paris for the Human Rights Defenders World Summit, to develop a plan of action for how to protect and promote the work of activists fighting for rights, 20 years on from the first UN Declaration on Human Rights Defenders. Read more

OPINION

Do Nigerians Still Have Right To Life?
Specifically, the UN Human Rights Charter which is considered one of the most significant documents of the 20th century specifically states that human life is the foundation of all other rights. Read more

Is Industrial Court Bound by Sheriffs and Civil Process Act?
There is currently a legal logjam as to whether the Sheriffs and Civil Process Act, specifically Section 97, applies to a writ issued by the National Industrial Court of Nigeria. Read more

The Wasteful Practice of Affixing Two NBA Seals to a Motion
There is the need to curb the wasteful requirement of affixing more than one seal on a Motion before it is accepted for filing in our Court Registries. Read more

Curbing Increasing Evil of Domestic Violence

Domestic violence is a violation of the human rights of individuals. In recent times, domestic violence has been on the rise, but unfortunately, some argue that the law also allows domestic violence, noting that under the provision of the Penal Code Read more

Between Rule of Law and Corruption

What is the rule of law, we may ask? It is the prevention or ‘restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws.’ Read more

LEDAP@WORK

LEDAP Demands Justice for Anita Akapson

The Legal Defence and Assistance Project-LEDAP extends its heartfelt condolences to the family and friends of late Ms. Anita Akapson, and urge them to be strong in this trying time. Read more

LEDAP to Nigerian Government: Abolish Death Penalty Now!

Over the years, LEDAP has consistently campaigned for the abolition of the death penalty by providing direct free legal assistance to death row inmates, supporting legislative enactment on moratorium, conducting public poll survey on the use of death penalty and the inhumane living conditions of death row inmates. Read more

LEDAP Sues Saraki, Others for Defecting to PDP

The Legal Defence and Assistance Project (LEDAP), has sued Senate President Bukola Saraki and other lawmakers who defected to the Peoples Democratic Party (PDP). It is praying the Federal High Court in Abuja to declare that they are no longer members of the National Assembly by virtue of their defections from the political parties that sponsored their election. Read more

Invitation to Stakeholders Round Table Dialogue against Torture

The Legal Defence and Assistance Project (LEDAP) in partnership with the United Nations Democracy Fund (UNDEF) and National Committee against Torture (NCOT) invites stakeholders to a round-table dialogue aimed at reducing the incidences of Torture and improving redress for victims of torture and ill treatment which will be taking place in Abuja. For live updates on the Anti-Torture Project follow the project on Twitter, Facebook Instagram & blog page and follow the conversation using #stoptorturein9ja on all social media platforms.

LEDAP, National Judicial Institute, and AfricaLii commence Nigeria Legal Information Institute(NigeriaLii)

Nigeria Legal Information Institute(NigeriaLii) is aimed at bringing legal materials, all laws and case decisions in Nigeria free of charge to the public. The official launch is coming up soon but the NigeriaLii portal currently contains several thousands of case decisions, statutes, rules of court, and other legal materials. Visit the NigeriaLii website here to read the most recent court judgments.

From LEDAP’s Archives

LEDAP, the Lagos State Secretariat of the NCAA, Revamps Its Campaign on the Passage of the Gender and Equal Opportunities Bill (GEOB)

As part of its Women’s Rights initiative, LEDAP, the Lagos State branch of the National Coalition for Affirmative Action (NCAA) in partnership LASGAT and SAVI, has renewed its efforts to ensure the smooth passage of the Gender and Equal Opportunities Bill (GEOB). Read more

LEDAP Condemns Senate’s Decision To Summon Judges
LEDAP’s National Coordinator, Mr Chino Obiagwu, in a statement, noted that the legislature has no oversight power over judicial officers under the constitutional principle of separation of powers in sections 4, 5 and 6 of the 1999 Constitution. Read more

 

LEDAP Sues DSS, AFG Over Arrest of Judges, Seeks Injuction to Stop Their Arraignment
Lagos October 24, 2016: Legal Defence and Assistance Project (LEDAP) has asked the Federal High Court Abuja to declare as unlawful the raid and arrest of judges by the State Security Services, and an order of injunction stopping the planned charge and arraignment in court of some of the arrested judges. Read more

Training Of Trainers (TOT) On The Administration Of Criminal Justice Law In Anambra State
Group Anambra
LEDAP holds Anambra Training of Trainers (TOT) on the Administration of Criminal Justice Law of Anambra State. The training was held at the state command Awka for 20 selected high level officers of the police force. Read more

PeepIntoTheLaw

Police Ordered to Pay N1m to Magistrate for Violation of Human Rights
A Kano State High Court, on Wednesday, October 31, ordered the Nigerian Police Force to pay N1 million as compensation to a magistrate, Hajara Hamza, for violating her fundamental rights. Read more

Court of Appeal Sacks Benue Lawmaker, Orders Refund of 3 Years’ Salary
After three years of legal battle over a legislative seat in the Benue House of Assembly, the Appeal Court in Makurdi, on Friday, November 2, gave judgment in favour of Joseph Boko and ordered the immediate sack of Benjamin Nungwa, the occupant of the seat. Read more

Court Remands Benue Lecturer in Custody for Rape of 13-year-old
Miss Ochanya was raped and sodomized by her aunt’s husband Andrew Ogbuja and son Victor from age 8 till 13, when she died of complications of VVF. a Makurdi Chief Magistrate Court has remanded 51-year-old lecturer, Mr. Ogbuja, in prison custody. Read more

Army to Pay Actress N1.25m for Assault
A Federal High Court sitting in Port Harcourt on Friday, October 26, ordered the Nigerian Army to pay the sum of N1, 250,000 and publish a written apology in at least two national dailies to a Nollywood actress, Ebere Ohakwe, as compensation after she was beaten up by men of the Nigerian Army in February 2017. Read more

Court Orders Police to Pay N10m to Businessman Over Violation of Human Rights
The Federal High Court, Maitama Abuja, on Monday, October 22, ordered the Nigeria Police Force, to pay N10 million as compensation to one Aondofa Shenge, for violating his fundamental human rights. Read more

Renewal of Writ: Michael Kolawole v Pezzani Alberto (1989) 1 NWLR (Pt.98). 2

The Supreme Court held in the famous case of Kolawole v Alberto that a writ can renewed even after its expiration.
Want to read the full case? Click
here to read the full case on the Nigerialii website.

OPPORTUNITIES/EVENTS

NBA Lagos Annual Dinner, 2018

The Nigerian Bar Association (NBA) Lagos branch has scheduled its annual black tie dinner for December 13th, 2018. Visit the website for more detailsCall for Written Submissions – Visit by the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions to the Federal Republic of NigeriaThe Special Rapporteur invites all interested individuals and organizations working on issues related to the right to life in Nigeria, including representatives of civil society organizations, experts and academics, to provide input for the preparation of the foreseen visit (dates pending confirmation). Please send your submissions to: eje@ohchr.org by 3 December 2018. Click here for more information.
African Regional Conference on the Environment
This conference presented by the IBA Environment, Health and Safety Law Committee of the Energy, Environment, Natural Resources and Infrastructure Law Section (SEERIL) African Regional Conference on the Environment will hold on 28–30 November 2018 at Radisson Blu Waterfront, Cape Town, South Africa. Click here for more information

Impact Fund Grants Program: Advancing Human Rights, Environmental Justice and Poverty Law
Applications are open for the Impact Fund grants program for the Spring 2019, awarding grants to legal services nonprofits, private attorneys, and/or small law firms who seek to advance justice in the areas of civil and human rights, environmental justice, and/or poverty law. Deadline is January 8, 2019. Click here for more information

Irish Aid Casement Fellowship Program in Human Rights 2019

Applications are open for Casement Fellowship in Human Rights to provide talented candidates with the opportunity to pursue advanced education and professional development in Ireland in order to contribute to the future development of Nigeria. Deadline is November 30, 2018. Click here for more information.

Women of Impact: Global Leaders Creating Positive Change
The Women of Impact: Global Leaders Creating Positive Change panel discussion will focus on women in leadership roles around the world who are agents of change in their communities and countries. It will take place on November 13, 2018 in Kigali, Rwanda. Click here for more information.

Eleventh Session of the UN Forum on Minority Issues

Registration now open for the Eleventh Session of the UN Forum on Minority Issue with the theme “Statelessness: A Minority Issue” scheduled to take place from 29 – 30 November 2018 at Palais des Nations, XVII Geneva, Switzerland. Register here Deadline is November 23, 2018. Click here for more information.

Call for Inputs
The Human Rights Council Advisory Committee requests inputs on the following mandates of the Advisory Committee: “The negative effects of terrorism on the enjoyment of human rights”, “Negative impact of the non-repatriation of funds of illicit origin on the enjoyment of human rights” and “The role of technical assistance and capacity-building in fostering mutually beneficial cooperation in promoting and protecting human rights.” Deadline is November 30, 2018. Click here for more information.

Invitation to 7th United Nations Forum on Business and Human Rights
OHCR is pleased to civil societies to the 7th United Nations Forum on Business and Human Rights themed “Business respect for human rights – building on what works” which will take place from November 26 – 28, 2018 at Palais des Nations, Geneva, Switzerland. Deadline is November 28, 2018 .Click here for more information.

2020 Martin Ennals Award: Inviting Human Rights Defenders around the World
Nominations are open for 2020 Martin Ennals Award that is an annual prize for human rights defenders. Deadline: 26 March 2019. Click here to get more information and to nominate a candidate.

International Criminal Justice (ICJ) Annual Jurist Conference 2018

The Annual Jurist Conference powered by ICJ Kenya is scheduled to hold from 20 – 24 November 2018 in Cape Town, South Africa. The theme of this year is “The State of Judicial Independence in Africa: Threats, Challenges and Opportunities”. You can register here and click here fore more information.

Invitation to 2nd session of the Forum on Human Rights, Democracy and the Rule of Law

The second session of the Forum on Human Rights, Democracy and the Rule of Law will hold at Palais des Nations Room XVII, Geneva, Switzerland from 22 to 23 November 2018 with the theme “Parliaments as promoters of human rights, democracy and the rule of law” Register here. Deadline is 16 November, 2018. Click here for more information.

Tenth Session of Ad Hoc Committee of the Human Rights Council on the Elaboration of Complementary Standards Postponed

The 10th session of the committee has been rescheduled. It will now take place from 8 – 19 April 2019 at the Palais des Nations in Geneva. Register by email registry@ohchr.org Click here for more information

Call for Proposal: Voice’s Empower Beyond Borders! Global Empowerment Grant

Voice is now accepting proposals with “out of the box” project ideas that promote cross-country learning and focus on underrepresented groups within several voice focus region for empowerment grants. These grants are available from €5.000 to € 75.000 for minimum of 12 to maximum of 24 months. Closing date is 9 November, 2018. Click here for more information

Invitation to the International Society for the Reform of Criminal Law Conference 2019
Invitations are open to the International Society for the Reform of Criminal Law 2019 conference themed Bribery & Corruption: Modern Approaches to an Eternal Problem. The conference will be held in Brisbane, Australia from 9-12 July 2019. Click here for more information.


Voice Beyond the Incident: Nigeria Sudden Opportunity Grant

Are there sudden manifestations or situation of injustice against person/persons/community? If your answer is yes, apply for the Sudden Opportunity Grant to voice beyond the incident. Deadline for application is 31 December 2018. Click here to find out more

To get your human rights and law related news and events in the LEDAP Newsletter, or to send us your comments and feedback send us an email at info@ledapnigeria.org

Legal Defence & Assistance Project is a non-profit organisation limited by guarantee in Nigeria, engaged in the legal protection and promotion of human rights, the rule of law and good governance in Africa. It has observer status with the African Commission on Human and People’s Rights, and is the West Africa Focal Point for the Coalition for the Effective African Court on Human and Peoples Rights. LEDAP is winner of 2008 MacArthur Award for effective and innovative institution, and 2005 Nigerian Prison Service excellence service award among others. It was founded in 1997 as a network of human rights lawyers defending victims and political prisoners under the then military regime. It currently has its national office in Lagos and zonal offices in Abuja, Yola, Port Harcourt, Oshogbo and Jos. You can find us at ledapnigeria.org

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NEWSLETTER 21st – 27th OCTOBER 2018

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HELLO,
Welcome to LEDAP Nigeria Newsletter
21st – 27th October 2018

“Human rights is a universal standard. It is a component of every religion and every civilization.
—Shirin Ebadi

NEWS

FG Committed to Human Rights Treaties – AGF

The federal government has reiterated its commitment to Human Rights treaties to which Nigeria was a signatory. The Attorney General of the Federation and Minister of Justice, Abubakar Malami made this disclosure yesterday in Abuja. Read more

NHRC Commences Investigation On SARS Activities

The National Human Rights Commission (NHRC), has commenced Public Sitting of the Presidential Investigative Panel on the Special Anti-robbery Squad (SARS) of the Nigeria Police Force for the North-central Geo-political Zone, Monday, at the FCT High Court Premises, Abuja. Read more

Citizens Take FG to ECOWAS Court Over High Cost of Nomination Forms
Some Nigerian citizens have dragged the federal government of Nigeria before the ECOWAS Court of Justice over high cost of nomination forms. Read more

Buhari’s Commitment to Human Rights Unparalleled – Minister
The Attorney General of the Federation and Minister of Justice Mr. Abubakar Malami, has described President Muhammadu Buhari’s commitment to respect to human rights and entrenching rule of law in Nigeria as unparalleled. Read more

UN, NHRC Decry Incessant Sexual Abuse in IDPs Camps
The National Human Rights Commission (NHRC) and the United Nations High Commission For Refugees (UNHCR) have yesterday, October 21, expressed worry over rampant sexual and gender-based violence in most Internally Displaced Persons (IDPs) camps in Borno and therefore called for an end to the menace. Read more

Kano Ranks Top Among States with Awaiting Trial Inmates, says CURE-Nigeria
Citizens United for the Rehabilitation of Errants, (CURE-Nigeria), a non-governmental organization yesterday declared Kano state as the state with the highest number of pre-trial detainees languishing in prisons. Read more

SAN Seeks Equal Application as Lawyer Backs Executive Order 6

A Senior Advocate of Nigeria (SAN) Mr. Jibrin Okutepa (SAN) has welcomed the Executive Order 6 issued by President Muhammadu Buhari. He urged law enforcement agencies to ensure its equal application without fear, favour or ill-will. Read more

Nigeria Must Protect and Promote Women’s Participation in Politics-UN
GENEVA (22 October 2018) – UN human rights experts are urging Nigeria to take immediate steps to remedy deliberate attempts to exclude women candidates from recent party primary elections for seats in state and national legislatures. Read more

Malabu Scandal: Witness Tells Court OPL 245 Deal Not in Nigeria’s Interest
A founding director of ‘corruption watch dog’, Global Witness, Simon Taylor told a court in Italy that corruption in Nigeria’s oil sector facilitated human rights abuses. Read more

OPINION

How to Strengthen ECOWAS Court – Experts
President of the Community Court of the Economic Community of West African States (ECOWAS Court), Justice Edward Asante (from Ghana), said the court is underfunded, leading to lack of adequate facilities and personnel. Read more

What NBA can Learn from IBA
Mr. Paul Usoro (SAN) is Nigerian Bar Association (NBA) President. He was at the International Bar Association (IBA) conference in Rome. He unveils the impact of the conference on him and how he intends to improve the well-being of Nigerian lawyers. Read more

Nigerians Swim in Unreliable, Expensive Broadband Internet
This is as the Human Rights Council of the United Nations General Assembly recently declared access to the Internet a basic human right which enables individuals to “exercise their right to freedom of opinion and expression”. Read more

Human Trafficking: Atrocities Against Victims and the Nigerian Challenge

Trafficking in human beings touches on many issues: human rights, inequality, discrimination, the rule of law, crime control, law enforcement, corruption, economic deprivation and migration. Read more

The Pandora’s Box of Awaiting Trial in Nigeria

It was reported some weeks back in the media that 70% of inmates in Nigerian prisons are those awaiting trial, while the remaining 30% are inmates already convicted by a court of law in the country. Which begs the question, how did Nigeria open this Pandora’s box of awaiting trial bedeviling our rehabilitation centres? Read more

Protecting Freedom of Expression in Nigeria
Freedom of expression is a fundamental human right guaranteed in the Nigerian Constitution, African Charter on Human and Peoples Rights, the Universal Declaration of Human Rights and other relevant international treaties. Read more

LEDAP@WORK

LEDAP Demands Justice for Anita Akapson

The Legal Defence and Assistance Project-LEDAP extends its heartfelt condolences to the family and friends of late Ms. Anita Akapson, and urge them to be strong in this trying time. Read more

LEDAP to Nigerian Government: Abolish Death Penalty Now!

Over the years, LEDAP has consistently campaigned for the abolition of the death penalty by providing direct free legal assistance to death row inmates, supporting legislative enactment on moratorium, conducting public poll survey on the use of death penalty and the inhumane living conditions of death row inmates. Read more

Invitation to Stakeholders Round Table Dialogue against Torture

The Legal Defence and Assistance Project (LEDAP) in partnership with the United Nations Democracy Fund (UNDEF) and National Committee against Torture (NCOT) invites stakeholders to a round-table dialogue aimed at reducing the incidences of Torture and improving redress for victims of torture and ill treatment which will be taking place in Abuja. For live updates on the Anti-Torture Project follow the project on Twitter, Facebook Instagram & blog page and follow the conversation using #stoptorturein9ja on all social media platforms.

LEDAP, National Judicial Institute, and AfricaLii commence Nigeria Legal Information Institute(NigeriaLii)

Nigeria Legal Information Institute(NigeriaLii) is aimed at bringing legal materials, all laws and case decisions in Nigeria free of charge to the public. The official launch is coming up soon but the NigeriaLii portal currently contains several thousands of case decisions, statutes, rules of court, and other legal materials. Visit the NigeriaLii website here to read the most recent court judgments.

From LEDAP’s Archives

LEDAP Condemns Senate’s Decision To Summon Judges
LEDAP’s National Coordinator, Mr Chino Obiagwu, in a statement on Sunday, notes that the legislature has no oversight power over judicial officers under the constitutional principle of separation of powers in sections 4, 5 and 6 of the 1999 Constitution. Read more

LEDAP Sues DSS, AFG Over Arrest of Judges, Seeks Injuction to Stop Their Arraignment
Lagos October 24, 2016: Legal Defence and Assistance Project (LEDAP) has asked the Federal High Court Abuja to declare as unlawful the raid and arrest of judges by the State Security Services, and an order of injunction stopping the planned charge and arraignment in court of some of the arrested judges. Read more

IHRDA, LEDAP train Nigerian Lawyers, CSOs on Litigating Women’s Rights

IHRDA and local partner LEDAP are organizing a training workshop in Nigeria from 22-23 March 2017 on advancing women’s rights using international legal instruments. Read more

Training Of Trainers (TOT) On The Administration Of Criminal Justice Law In Anambra State
Group Anambra
LEDAP holds Anambra Training of Trainers (TOT) on the Administration of Criminal Justice Law of Anambra State. The training was held at the state command Awka for 20 selected high level officers of the police force. Read more

PeepIntoTheLaw

Court Remands Benue Lecturer in Custody for Rape of 13-year-old
Miss Ochanya was raped and sodomized by her aunt’s husband Andrew Ogbuja and son Victor from age 8 till 13, when she died of complications of VVF. a Makurdi Chief Magistrate Court has remanded 51-year-old lecturer, Mr. Ogbuja, in prison custody. Read more

Ozubulu Killings: Court Grants Nonagenarian Native Doctor, Others Bail

An Ozubulu Magistrate’s court has granted bail to a 94 year-old native doctor and high priest of the dreaded Ndekwulu deity in the community and five others, charged following their alleged involvement in gruesome killings of some sons and daughters of Ozubulu at home and in the Diaspora. Read more

Court Orders Police to Pay Charly Boy N50m Damages

The Federal High Court in Abuja on Monday ordered the Nigeria Police Force to pay to the popular entertainer, Mr Charles Oputa, also known as Charly Boy, the sum of N50m as compensation for violation of his rights during the ‘Resume or Resign’ protest which he convened on August 8, 2018. Read more

Court Orders Police to Pay N10m to Businessman Over Violation of Human Rights
The Federal High Court, Maitama Abuja, on Monday ordered the Nigeria Police Force, to pay N10million as compensation to one Aondofa Shenge, for violating his fundamental human rights. Read more

Renewal of Writ: Michael Kolawole v Pezzani Alberto (1989) 1 NWLR (Pt.98). 2

The Supreme Court held in the famous case of Kolawole v Alberto that a writ can renewed even after its expiration.
Want to read the full case? Click
here to read the full case on the Nigerialii website.

OPPORTUNITIES/EVENTS

Impact Fund Grants Program: Advancing Human Rights, Environmental Justice and Poverty Law
Applications are open for the Impact Fund
grants program for the Spring 2019, awarding grants to legal services nonprofits, private attorneys, and/or small law firms who seek to advance justice in the areas of civil and human rights, environmental justice, and/or poverty law. Deadline is January 8, 2019.
Click here for more information

Irish Aid Casement Fellowship Program in Human Rights 2019

Applications are open for Casement Fellowship in Human Rights to provide talented candidates with the opportunity to pursue advanced education and professional development in Ireland in order to contribute to the future development of Nigeria. Deadline is November 30, 2018. Click here for more information.

2020 Martin Ennals Award: Inviting Human Rights Defenders around the World
Nominations are open for 2020 Martin Ennals Award that is an annual prize for human rights defenders. Deadline: 26 March 2019. Click here to get more information and to nominate a candidate.

International Criminal Justice (ICJ) Annual Jurist Conference 2018

The Annual Jurist Conference powered by ICJ Kenya is scheduled to hold from 20 – 24 November 2018 in Cape Town, South Africa. The theme of this year is “The State of Judicial Independence in Africa: Threats, Challenges and Opportunities”. You can register here and click here fore more information.

Invitation to 2nd session of the Forum on Human Rights, Democracy and the Rule of Law

The second session of the Forum on Human Rights, Democracy and the Rule of Law will hold at Palais des Nations Room XVII, Geneva, Switzerland from 22 to 23 November 2018 with the theme “Parliaments as promoters of human rights, democracy and the rule of law” Register here. Deadline is 16 November, 2018. Click here for more information.

Tenth Session of Ad Hoc Committee of the Human Rights Council on the Elaboration of Complementary Standards Postponed

The 10th session of the committee has been rescheduled. It will now take place from 8 – 19 April 2019 at the Palais des Nations in Geneva. Register by email registry@ohchr.org Click here for more information

Call for Proposal: Voice’s Empower Beyond Borders! Global Empowerment Grant

Voice is now accepting proposals with “out of the box” project ideas that promote cross-country learning and focus on underrepresented groups within several voice focus region for empowerment grants. These grants are available from €5.000 to € 75.000 for minimum of 12 to maximum of 24 months. Closing date is 9 November, 2018. Click here for more information

Invitation to the International Society for the Reform of Criminal Law Conference 2019
Invitations are open to the International Society for the Reform of Criminal Law 2019 conference themed Bribery & Corruption: Modern Approaches to an Eternal Problem. The conference will be held in Brisbane, Australia from 9-12 July 2019. Click here for more information.


Voice Beyond the Incident: Nigeria Sudden Opportunity Grant

Are there sudden manifestations or situation of injustice against person/persons/community? If your answer is yes, apply for the Sudden Opportunity Grant to voice beyond the incident. Deadline for application is 31 December 2018. Click here to find out more

To get your human rights and law related news and events in the LEDAP Newsletter, or to send us your comments and feedback send us an email at info@ledapnigeria.org

Legal Defence & Assistance Project is a non-profit organisation limited by guarantee in Nigeria, engaged in the legal protection and promotion of human rights, the rule of law and good governance in Africa. It has observer status with the African Commission on Human and People’s Rights, and is the West Africa Focal Point for the Coalition for the Effective African Court on Human and Peoples Rights. LEDAP is winner of 2008 MacArthur Award for effective and innovative institution, and 2005 Nigerian Prison Service excellence service award among others. It was founded in 1997 as a network of human rights lawyers defending victims and political prisoners under the then military regime. It currently has its national office in Lagos and zonal offices in Abuja, Yola, Port Harcourt, Oshogbo and Jos. You can find us at ledapnigeria.org

Copyright © 2018, LEDAP NIGERIA All rights reserved.
To join LEDAP as a member, download the membership form from the website or send email to info@ledapnigeria.org or call +234(0)1 291 4123 or (0)9 290 1589.

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Army to Pay Actress N1.25m for Assault

A Federal High Court sitting in Port Harcourt on Friday, October 26, ordered the Nigerian Army to pay the sum of N1, 250,000 and publish a written apology in at least two national dailies to a Nollywood actress, Ebere Ohakwe, as compensation after she was beaten up by men of the Nigerian Army in February 2017.

Ohakwe, popularly known as Jewel Infinity, was travelling in a public bus from Port Harcourt, Rivers State to Onitsha, Anambra State when operatives of the Nigerian Army stationed at Omagwa axis of the Port Harcourt Airport Road stopped the vehicle for a routine stop-and-search and, in the process, physically assaulted her.

The Federal High Court presided over by Justice Adamu Mohammed had earlier ruled on the matter in March 2018.

Mohammed had ordered the defendants (Nigerian Army) to pay the sum of N1m to the plaintiff as compensation for infringing on her fundamental human rights.

But the Nigerian Army through its counsel filed an application to the court to set aside the judgment and resume fresh hearing.

Counsel for the plaintiff, Chime Chime, in a counter-application, urged the court to dismiss the defendant’s submission.

Mohammed, however, struck out the application of the Nigerian Army, stating that it lacked merit.

The judge awarded N250,000 against the defendants in addition to N1m the security outfit was expected to pay to the victim, as well as a written apology to her to be published in at least two national dailies.

 

 

 

 

Read original article here

NEWSLETTER FOR 23RD-27TH APRIL 2018

 

HELLO,
Welcome to another edition LEDAP Nigeria’s Weekly Newsletter which keeps you up to date on the latest Human Rights News and updates in the law, What we are up to and Upcoming Events.
23rd – 27th April 2018

“There can be no peace without justice and respect for human rights.” – Irene Khan

 

NEWS   


NBA Awards LEDAP for Criminal Justice Reforms

Chino Obiagwu receiving the award

The Nigerian Bar Association (NBA), Criminal Justice Reform Committee held its 5th Criminal Justice Reform Conference in Asaba, Delta State from the 24th – 27th April 2018. At the closing dinner of the Conference, a number of distinguished stakeholders including, LEDAP’s lead counsel, Chino Obiagwu were honoured for their immense contributions to the progress of criminal justice administration in the country. Read more 

Gov. Al-Makura Signs Bill Establishing Disability Rights Commission
Gov. Umaru Al-Makura of Nasarawa State has signed into law the bill to establish Disability Rights Commission. With the governor’s assent, the government is now working to put up structures and modalities in place to have the commission. Read more

NSCDC Partners with NHRC
The Nigeria Security and Civil Defence Corps (NSCDC) has partnered with the National Human Rights Commission (NHRC) to create conducive environment for people to enjoy their rights without discrimination. Read more

 Amnesty Kicks Against Plan of Onitsha NBA to Give Awards to ‘human rights violators’
Amnesty International (AI) says the proposed recipients of the human rights award by the Onitsha, Anambra state, branch of the Nigerian Bar Association (NBA) are undeserving of the awards.The recipients of the awards were listed to include James Nwafor, former commander of the Special Anti robbery Squad( SARS), Mike Okiro, chairman, police service commission; Fasugba Temitope, divisional police officer, Asaba (former DPO at Central Police Station, Onitsha) among others. Read more

Investigate Ekweremadu’s Asset Declaration form, Group Writes CCB

The Human and Environmental Development Agenda (HEDA Resource Center), a non-governmental and non-partisan human rights and development league, has petitioned the Code of Conduct Bureau (CCB), demanding the investigation of asset declaration form of the Deputy Senate President, Senator Ike Ekweremadu. Read more

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Massacre in Benue, Zamfara – 61 Killed, 82 Houses Razed

61 persons were killed in separate dastardly incidents in Benue and Zamfara States. Whereas 31 persons, mostly women and children, lost their lives in six communities of Guma Local Government Area of Benue State in the hands of suspected herdsmen, another 30 were massacred in Maru Local Government Area of Zamfara State, by suspected gunmen. Read more

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The World Is Sending Thousands Of Tonnes Of Electronic Waste To Nigeria Illegally

Unregulated dumping of electronic waste has led to environmental degradation and human rights violations, especially in developing countries in Asia and Africa (read: mostly Nigeria) where exporting is easy, labour laws are lax, and communities are poor.  Read more

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Group Develops App to Inform Nigerians of Rights

The Constitutional Rights Awareness and Liberty Initiative (CRALI), a civil society organisation, has developed a mobile application to inform Nigerians about their rights.The mobile application called ‘Know Your Rights Nigeria’ was launched at the United States consulate office in Lagos on Tuesday. Read more

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UN Staff Pension Fund Mired in ‘dirty profits’ from Firms Guilty of Rights Abuses

The United Nations is facing calls for a full review of its staff pension fund after the Guardian uncovered that it has around a billion dollars invested in companies whose activities are or have been incompatible with core UN principles and programmes. Read more

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Oil Company Eni Accused (in Italy) of Causing Floods in a Nigerian Village

The Nigerian community of Aggah has been flooded due to the operations of a company controlled by Eni. It is seeking justice in Italy where the crucial decisions affecting its village are being taken. ”There is a different type of migration flow from Nigeria to Italy, different from the one that sees people fleeing poverty and violence. It is the migration of those who seek justice and demand that Italian multinational companies are judged according to European laws and treaties rather than African courts” Read more

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U.S. Rates Nigeria Low On Respect For Human Rights

The government of the United States has released its Country Reports on Human Rights Practices for 2017 and has rated the Nigerian government very low in terms of respect for fundamental human rights of the citizens. Read the full report here

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Saudi Arabia Executes 48 in 3 months

Human Rights Watch said Saudi Arabia has executed 48 people so far in 2018, half of them for non-violent drug crimes. Read more

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Rights Abuse – NHRC Demands Urgent Review of Pre-Trial Detention System

The National Human Rights Commission, NHRC, on Wednesday, urged the Federal Government to review the pre-trial detention system, saying available evidence showed excessive use and abuse of the practice in Nigeria. Read more

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NBA Engages Lagos Government on Taxation, Land Use Charge

The Nigerian Bar Association (NBA), Lagos branch has said it would engage Lagos state government on the controversial land use charge, taxation, land documentations and other topical issues in its law week programme scheduled to commence May 5, 2018. Read more

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Simi Decorated as U.S. Human Rights Ambassador
A Nigerian singer, Simisola Bolatito Ogunleye, popularly known as Simi has been endorsed as a U.S. human rights ambassador. Read more

Africa Loses $50 Billion to Illicit Financial Flows Annually– AFDB

While speaking at an event themed, “Strengthening the role of parliament in combating illicit financial flows from Africa (IFFs)’’ in Abuja, AfDB’s Senior Director in Nigeria Dr. Ebrima Fall said if the illicit financial flows are allowed to continue, they could lead to financial crises and widespread poverty on the continent, the latter already happening in some instances. Read more

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Army Denies Human Rights Violations In IDP Camps

The Nigerian Army has denied allegations of human rights violations levelled against them in the course of their duty in Borno state. The allegations, were denied by the Theatre Commander of LAFIYA DOLE, Major General Rogers Nicholas, in a statement on the 26th of April 2018. Read more

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Police Arrest and Detain Melaye’s Lawyers

The Nigerian Police has arrested two lawyers; David Amaefuna Esq and Pius Ufo Inyang Esq of Rickey Tarfa and Co who are members of the legal team of Senator Dino Melaye. The use of unlawful detention to attack the independence of lawyers and the legal profession undermines the rule of law. Read more

 

OPINION 


Will the Death Penalty Protect India’s Daughters From Rape?

In India’s ongoing project to combat child sexual assaults, the weekend was filled with cheer, or gloom, depending whom you speak to. The death penalty was approved as a punishment for the rapists of girls below the age of 12, following an ordinance that amended an existing criminal law. Many in the country cheered while many others questioned how the death penalty would function as a deterrent. Read more

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The Insanity of the Death Penalty

”Crimes punishable by death are based on passion and emotion, not reason. They do not result from a conscious cost-benefit analysis where a person considers the fact that if they commit a certain act, they could be put to death.” Read more

 

India’s Death Penalty for Rapists of Young Girls could Push Offenders to Kill
With the majority of rapes committed by someone known to the victim, the new law could drive offenders to murder to avoid detection. Read more

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Musings On U.S. Damning Report

This 48-page report prepared and made public by the United States Department of State was unequivocal about persistent impunity at all levels of government in Nigeria, lack of transparency of the Buhari administration and massive corruption by government officials under Buhari’s watch. Read more

LEDAP@WORK 

LEDAP Submits Report to Human Rights Committee

LEDAP together with Advocacy for Women with Disabilities Initiative, and Women Enabled International have submitted an NGO report for the Human Rights Committee’s development of a List of Issues for Nigeria. This report focuses on rights abuses against women and girls with disabilities in Nigeria and Nigeria’s human rights obligations under the International Covenant on Civil and Political Rights towards this group.

 

LEDAP Releases Statement on 62nd Ordinary Session of the ACHPR

LEDAP has released its statement on the 62nd Ordinary Session of the African Commission on Human and People’s Right holding in Noukatt,Mauritania  from April 25 – May 9 2018. The statement examines Nigeria’s compliance with human rights standards and principles as it relates to Torture, Extra-judicial Killings, and Responses to Terrorism and Crisis;  Violent extremism and the Right to Life; and Gender Inequality. Read full statement here

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Chino Obiagwu Speaks at Law Week, NBA Makurdi branch

Chino Obiagwu, Lead Counsel, Legal Defence and Assistance Project, presented a paper on the theme, “Incorporating International Crimes into the Corpus of Criminal Justice System in Nigeria: Prospects and Challenges,” at the Law Week of the Nigerian Bar Association, Makurdi branch on the 23rd of April 2018. Read more

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LEDAP Launches Torture Project in Partnership with UNDEF


LEDAP has launched its  Torture Prevention Project Targeting Police – In partnership with the United Nations Democracy Fund (UNDEF) and the National Committee against Torture. The project is aimed at tackling torture and ill treatment in policing. The project will be located Lagos, Adamawa and Yobe States, as well as at the Federal Capital Territory. For more information and the call for expression on interest for consultancies, reach out to info@ledapnigeria.org or pamela@ledapnigeria.org

LEDAP, National Judicial Institute, and AfricaLii commence Nigeria Legal Information Institute(NigeriaLii) 
Nigeria Legal Information Institute(NigeriaLii) is aimed at bringing legal materials, all laws and case decisions in Nigeria free of charge to the public. The official launch is coming up soon but the NigeriaLii portal currently contains several thousands of case decisions, statutes, rules of court, and other legal materials. Visit the NigeriaLii website here

 

PeepIntoTheLaw   


Man Sentenced to Death in Ekiti

An Ekiti State High Court on the 26th April 2018 sentenced a man, Kingsley Okorowande, to death by hanging for armed robbery. Read more

 

Lagos Chief Judge Launches Small Claims Court

As part of efforts to fast track justice delivery in commercial disputes involving small claims, the Lagos State Judiciary, on Monday inaugurated Small Claims Courts. Read more

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There is no Time Limit Within which an Application for Leave to Appeal as an Interested Party May Be Brought

The Court of Appeal has held in the recent case of ONUKAGHA & ANOR v. OKOROAFOR & ORS (2018) LPELR-44080(CA),  has stated that one who applies for leave to appeal, as an interested party, does not need extension of time to seek leave to appeal. Read full judgement here.

 

EVENTS  


Nigeria To Host 3rd International Chamber of Commerce Africa Conference On International Arbitration In Lagos

This conference will provide an indispensable update on developments in the region and will be the most important gathering for the African arbitration community. The conference will hold from the 18th – 20th June 2018. For early bird registration click here

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Facebook: Seeking Proposals for Global Literacy & Accessibility Challenge Grants

In order to better understand and address global literacy and accessibility issues, Facebook is currently inviting the academic community to respond to a call for research proposals in the field of literacy and accessibility. Read more

 

 

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International Criminal Court President Visits Nigeria, Silent on Rome Statute

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The President of the International Criminal Court in The Hague, Chile Eboe-Osuji, concluded his official visit to Nigeria last week, has called for the federal government’s support to fight against impunity “for the gravest crimes.” He commended Nigeria for remaining consistent in supporting the ICC and contributing to efforts geared at establishing an international community where peace and justice reign.

However, he was silent on the domestication of the Rome Statute. Nigeria signed the Rome Statute on 1 June 2000. The bill for an Act to provide for the Enforcement and Punishment of Crimes Against Humanity, War crimes, Genocides and Related offences was then proposed in 2003, which when passed by the Nigerian Legislature, would give effect to certain provisions of the Rome Statute of the International Criminal Court (ICC) in Nigeria .The first time the bill was proposed in 2003, it did not move beyond the legislature. The second time, the bill was passed by both Chambers of the Legislature and presented in 2006 to President Olusegun Obasanjo who did not sign it before the expiration of his tenure in 2007 citing certain objectionable clauses. The bill was read again for the third time in the Nigerian Senate on Wednesday, June 20, 2012 and in the House of Representatives on Tuesday, September 18, 2012. In 2016, a private member of the House of Representatives, Hon Nicholas Ossai, sponsored the bill and it has passed the second reading at the House of Representatives.

According to a statement made available to THISDAY by the ICC, Eboe-Osuji, who was in Nigeria from April 10 to 13, met with Vice President Yemi Osinbajo, Senate President Bukola Saraki, Speaker of the House of Representatives, Yakubu Dogara, Deputy Senate President, Ike Ekweremadu, the Attorney General and Minister of Justice, Abubakar Malami, Solicitor General of the Federation, Dayo Apata, and other senior government officials.

“The ICC president expressed gratitude for Nigeria’s strong commitment to the court, which was reaffirmed by the senior authorities during the meetings held. President Eboe-Osuji underlined that the active support of States is crucial in re-energising the mission of the ICC, of which Nigeria is a founding and important member. He recalled that victims are at the heart of the Court’s mandate, which aims to provide justice to those who have suffered the worst atrocities, as well as protect populations from future crimes.

“President Eboe-Osuji further emphasised that the Court is keen to work together with states in Africa to bolster the fight against impunity for the gravest international crimes, and he hoped to count on Nigeria’s support in taking that process forward”