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Shekarau’s hurdles to the Presidency

Shekarau’s hurdles to the Presidency

At
last, Kano State governor, Ibrahim Shekarau has formally opened his
campaign to rule Nigeria. Last Thursday, the governor, at a rally held
at the International Conference Centre, Abuja, made known his intention
to contest the 2011 presidential election on the platform of the All
Nigeria Peoples Party (ANPP). He became the first presidential aspirant
in the country to declare his intention to contest in the election.

In his speech, Mr. Shekarau berated the PDP
government, which he did not only say is inconsistent in policy
formulation and implementation, but has failed in the 12 years it has
controlled the government at the centre.

“The PDP has ruled this country for almost twelve
years, but they have nothing on ground to show, apart from
inconsistency,” Mr Shekarau said. “Day before yesterday it was National
Economic Empowerment and Development Strategy where the states were
asked to be benchmark for best practice and federal government itself
refused to be benchmarked; yesterday it was seven point agenda and
today what? Nobody knows. You may ask what about tomorrow.”

The governor, however, promised that, if elected, he would turn things around in the country.

“I will do everything towards the realization of
our common aspiration for a better Nigeria,” he told his supporters. “I
will focus on ensuring security of life and property; making the right
move to provide reliable electricity supply; attaining self sufficiency
in food production; and improving schools to meet the standards of
quality for which Nigerian education was renowned.”

“It is time to ask Nigerians to participate in
shaping the future of our nation. It is time for transformational
politics, which is about electing someone committed to doing something
about the challenges facing our country; and not transactional
politics, which is about electing someone on account of instant or
future personal advantage,” the governor said.

But the large crowd that gathered in the
prestigious conference centre to listen to Mr Shekarau unfold his
agenda, may not be a sign of his smooth sail to Aso Rock. Undoubtedly,
there are bumps and potholes on the way that may not be easily filled
and are capable of halting his ambition.

First, the ANPP is practically non-existent in
most states from which Mr. Shekarau is expected to draw his votes to
power. As of today, the party controls only three states, namely Kano,
Yobe and Borno.

On the return of democracy 11 years ago, the ANPP,
then known as All Peoples Party, produced nine governors, all in the
north and over 30 senators and over a hundred members of the House of
Representatives drawn from both the northern and southern part of the
country. It also had a sizeable number of lawmakers in state
legislatures in the south. Today, the party can hardly boast of more
than five senators and 50 members in the House of Representatives, no
thanks to the defection of party faithful to other parties.

The ANPP, presumably the largest opposition party
in the country, has had the misfortune of being used by politicians to
ride to power, after which it is dumped. This occurs both at the level
of government and within the party. As a result, the party’s support
base is diminishing by the day, an ugly development that may affect Mr
Shekarau’s outing.

Closely related to that is the Muhammadu Buhari
factor. Although, Mr Shekarau is perceivably credible, not many can
deny the fact that he rode to power in 2003 on the popularity of the
former military head of state. Against all permutations, Mr Shekarau
dislodged the Musa Kwankwaso PDP administration and went ahead to
secure a second term in office, an achievement no Kano governor ever
made.

Mr. Buhari, the ANPP presidential candidate on two
occasions – 2003 and 2007 – has since the beginning of this year
floated his own party, Congress for Progressive Change, under which he
is expected to contest the presidential election. His supporters have
followed him to his new party abandoning Mr Shekarau. The CPC is not
only creating upset in Kano, but the entire north.

Cracks in unity

Yet, the crack in the Kano chapter of the ANPP is
another factor that may work against Mr. Shekarau. In Kano State, the
governor cannot claim to have full control of the party machinery in
the state he has ruled for about eight years. His “sin” is the
anointing of one of his commissioners, Salihu Sagir Takai as his
successor without allowing a free primary contest. To many, this action
did not provide a level playing field for all aspirants.

Already, some unhappy members have moved over to
the PDP and CPC where they hope to realize their ambitions. Indeed,
some say it was the major reason why Bashir Othman Tofa, also from
Kano, came out with his presidential campaign posters on a day Mr
Shekarau had his rally in Abuja.

Even the ANPP states of Yobe and Borno may not
work for Mr. Shekarau. The governors, Ibrahim Geidam and Ali Modu
Sheriff are reportedly not comfortable with Mr Shekarau’s ambition, a
reason they did not send representatives to his formal declaration for
the race.

Messrs Sheriff and Geidam may not be willing to
deploy their machineries to support the Kano State chief executive. And
if they do, they will not be committed to cause.

At the national level, Mr Shekarau cannot also
claim to have a granite support of the executives. Already, the party
is in disarray over the zoning of party offices, a reason attributable
to the frequent postponement of its national convention.

The Kano governor is said to be backing Harry
Akande, a billionaire businessman from Oyo State, for the position of
chairman as against the choice of other top notchers and members of the
party.

It is also believed that the outgoing national
chairman, Edwin Ume-Ezeoke, who is insisting that the chairmanship slot
remains in the South East geo-political zone, is rooting for the
incumbent national publicity secretary, Emma Eneukwu from Enugu State.
Others, including the former governor of Zamfara State, Ahmad Sani, a
senator, want the position zoned to other parts of the country.

With these problems and many others, it is not
clear where Mr Shekarau will garner votes to dislodge the PDP
administration from Aso Rock.

Bolaji Khaleel, Mr. Shekarau’s campaign Director
General, thinks otherwise. He told NEXT last Friday that Mr Shakarau is
not depending on the votes of only members of the ANPP to emerge
President.

“Our chances are as bright as ever. We are not
relying on party members alone to win but Nigerians. How many
politicians are in the country; they constitute about five percent of
the population of Nigeria. You are not a politician and there are
millions like you who want good governance. Our well wishers are there
to vote and so we are not relying on the party members,” Mr Khaleel, an
indigene of Kwara State said.

The ANPP National Director of Publicity, Sabo
Mouhammad agrees with him. “He (Shekarau) is a party man and has
contributed immensely to the growth of the party.

Although, the party is yet to come out with
guidelines, the coming of Mr. Shekarau is a good omen. The party’s
chances are bright in view of the crisis in the PDP and also because
the PDP government is not performing.

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Nigerian passport rules are stacked against women

Nigerian passport rules are stacked against women

Last
week, the Nigerian Consulate in Johannesburg, South Africa, told a
Nigerian woman she cannot apply for her children without a letter from
the children’s father, and kindly offered to issue the documents as
soon as the paternal endorsement is received.

The shocked woman
asked the reason for her denial and the reason given by the immigration
officer at the consulate was that “in Nigeria, the children belong to
the man.” This incident is a pointer to the series of institutional
discriminations against women in the country, including the lack of
opportunities for men married to Nigerian women to take their wives’
nationality if they so desire, while foreign women married to Nigerian
men have no such problem.

Immigration
officials at the Lagos Passport Office, Ikoyi, confirmed that the
father’s consent is indeed a prerequisite while applying for the
passports of minors.

A senior official
at the office, who doesn’t want to be named because he did not have
clearance to speak on the issue, said this is done to prevent
situations where the mother of a child might want to take such a child
away from their father without the father’s knowledge, for instance,
while divorce is being ironed out.

“I have had cases here where fathers have denied being aware that their children have applied for passports,” he said.

However, Chibogu
Obinwa, the senior programme officer of BAOBAB, a women’s human rights
advocacy group, thinks the reason given by the Immigration Service
cannot hold water.

“It does not take
into consideration the circumstances which may have led the woman
wanting to take the children out of the marriage,” she said. “It could
be that the woman is in an abusive marriage, (to her and the children)”.

Another senior
official at the office of the Nigerian Immigration Service (NIS) at
Alagbon Close, Lagos, who also requested anonymity, corroborated what
the officer said at the Passport Office.

“It is purely for
security reasons,” he said. “It is intended to check crimes such as
human trafficking and child labour.” When asked if the mother’s consent
is required when a father is the one applying for their passport, the
immigration official said this may not be necessary since Nigeria is a
patrilineal society.

“You must
understand that Nigeria is a patrilineal society and the child belongs
to the father. In a country like Ghana that is a matrilineal society,
this may be possible.”

Jiti Ogunye, a
Lagos-based lawyer, expressed displeasure at the practice of government
officials in the application of laws, which he said reinforce the
patriachal posture of the Nigerian society. Mr Ogunye said such
practices are unconstitutional, as they negates the principle of
equality of sexes and the abhorrence of discrimination enshrined in the
country’s constitution.

“It is
unconstitutional, because there should be equality of treatment of both
gender by the law and in the application of all laws and regulations in
Nigeria, discrimination should be avoided. You can’t discriminate
anybody on the account of sex, circumstances of birth, state of origin
and religion. The constitutional provision in section 34 of the
constitution writes against discrimination.

However, Mr Ogunye
believes that while the immigration has the power to request for the
father’s consent to corroborate the mother’s claims if she shows up
first at the passport office, such treatment should be meted out to the
man also if he is the one that shows up first at the passport office.
This, he said, will justify the principle of equality as stated in the
constitution.

When asked if the
immigration is not deliberately negating the tenets of the constitution
on equality of sexes, the senior immigration official at the
immigration office at Alagbon retorted, “Our job is to implement
government policies. It is the job of a court of competent jurisdiction
to decide what is constitutional or not.”

A history of discrimination

The Nigerian
immigration law has a long history of discrimination against women in
its administrative policy on the issuance of international passports.
Prior to June 2009, when Priye Iyalla-Amadi, the wife of the famous
Nigerian writer, Elechi Amadi, got what is being regarded today as a
landmark judgement against the NIS, even adult women were required to
get their husband’s consent before they can apply for international
passports.

In the case
between Priye Iyalla-Amadi versus the NIS, a federal high court in Port
Harcourt declared as unconstitutional the policy of the NIS which
compelled a married Nigerian woman to produce a letter of consent from
her husband as a condition for issuance of international passport.

NEXT can confirm
that since the judgement was issued, the NIS has jettisoned the policy
that requires married women to get their husband’s consent before they
are issued passports.

“I have not been
asked to produce any such thing. Not at all,” said Mrs. Osinsanya, an
applicant at the Lagos passport office in Ikoyi.

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‘They left me for dead’

‘They left me for dead’

One too many Nigerians are carrying scars from police brutality
and extra-judiacial killings. One such person is 16-year-old Godwin Joshua, an
SS1 student, who was shot by yet-to-be-identified police officers on April 3,
2010 in Ajegunle.

April 3 was the day almost 2,000 youth marched the streets of
Ajegunle, protesting the death of another youth, Charles Okafor, who died two
days earlier following alleged police harassment and brutality.

Godwin remembers that day clearly. He remembers he did not pray.
He remembers when he woke in the morning, his plan was to do “my duty at home
and later I’ll go to work then go and play ball”. He even remembers the black
pair of jeans and blue shirt he wore on the day. And he remembers it was a
little after 10am when he became a victim of police brutality.

“My dad sent me on an errand so when I returned I took up my
tools to go to where they called me to work because I do furniture work. But
when I got there what I saw was unbelievable. People were running here and
there. The police were shooting and everyone was running. I also ran but the
next thing I found myself…,” Godwin pauses and shakes his head. It’s obvious
the memories are still fresh. He says the next thing he remembers is the pain
he felt in his legs and being at a police station and a group of Police
officers deciding his fate.

“Some of the police were saying that they should give me a gun
or machete so that they’ll take my picture, so that they will say maybe I am
among those that are fighting,” Godwin recounts, “but one of the police man
said I am too small for such a thing that they should just throw me somewhere
or take me to anywhere”.

The bullets had hit his right and left thighs, barely missing
his penis. Assuming he would not survive, he said, the police took him to the
Isolo General Hospital where they abandoned him. Family members found him three
days later.

Pain untold

“He was lying down on the bed. All his legs were swollen. I felt
serious tears in my eyes. I said to myself how can a man live like this in his
own country, not America, or anywhere else, but my own country. I don’t want to
say I regret being a Nigerian,” said Godwin’s father Udofia Joshua.

Godwin says “for those three days the only thing that came to my
mind was just for God to take my life because I was going through pain. Nothing
on earth amused me during that period.”

Unable to pay for hospital treatment, Mr. Joshua took his son
home and resorted to use of traditional medicine and family care.

Godwin’s cousin, Magdalene Joshua, a nurse, attended to him for
the four months, giving him injections and dressing his wounds. She wonders why
the police carried Godwin to the Isolo General Hospital instead of either the
General Hospital in Ajeromi or Apapa.

She recounts her experience attending to Godwin. “If you entered
the room (where the victim lay for months), it would be smelling due to the
odour. If you see the leg that time when I was doing the dressing. My
instruments like forceps, I used to put rope to pull it out. That time he could
not do anything,” she said.

“It is God that did it because for those four months, there was
no money. It is only if people come around they’ll give us small something,”
she narrated.

For the victim’s mother, Magdalene Joshua, her days of “worrying
sick and thinking a lot” are over.

She says she is thankful because other youths, like Babatunde
Olotu, were killed on the day of the protest. She says wants to see her son
“walk better like before, finish school and further his education.”

Godwin believes “only the rich can get justice in this country”.

But as he manages to walk, he says he doesn’t forget to pray
every day. He sees life as having given him a second chance. He is, however,
worried for his family.

“The Police abandoned me so I cannot count on them. All I can ask is help
for my family because they are down. Even the money they have spent on me they
borrowed it and till now they have not paid back. But I don’t trust the Police
to help.”

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A minor’s road to prison

A minor’s road to prison

It is exactly a week since Comfort Monday, an inmate at the
Female Kirikiri Prison, Apapa, Lagos State, gave birth to her son at the Lagos
Island Maternity Hospital on August 1, 2010. Both mother and child are
scheduled to return to prison, where she has been since January 2010, courtesy
of the man she says is the father of her child.

But while Ms Monday might be nursing her child within the four
walls of the prison and pondering what the future holds, a NEXT investigation
reveals she may actually be a victim of injustice. Evidence currently at the
Kirikiri Magistrate court, Apapa, suggests Ms Monday’s age was purposely
manipulated to ensure she gets remanded in prison.

In May 2009, Nadum Nwitua, the alleged father of the baby,
travelled to Elele Alimini, Rivers State, where he met Ezekiel Monday, a poor
and single father barely managing to raise his nine children at a time, his
wife having left him over five years earlier. Mr Nwitua expressed his fondness
for his daughter and promised to give her a better life in Lagos.

“My pikin na 16 years when he come carry am say he go train am
for Lagos. Na because she no dey do anything for village, people talk say na
big man, that she go go better school, say make I let am follow am go,” said Mr
Monday in a telephone interview.

Altered court documents

From Mr. Monday’s account, his daughter is 17 this year.
Semi-literate and unable to write coherently, this was the age she told the
Investigating Police Officer (IPO) at the Oko Oba Police station.

James Dakarin, a police constable with force number 252661,
wrote her statement when she was arrested on January 24, 2010, after Mr Nwitua
alleged that she conspired with his security man, identified as Dala, and a
neighbour, Kennedy Enoma, to steal N295,000 from him. On the typed charge sheet
presented at the court in which Ms Monday and Mr Kennedy were accused of
conspiracy to steal and stealing, Ms Monday’s age was visibly altered with a
black pen from 17 to 18 years. This same alteration was discovered to have been
made on her statement paper which had the original age visibly cancelled and
replaced with 18 years.

For Lucas Koyejo, the South West Zone Head of the Legal and
Investigating Department of the National Human Rights Commission (NHRC),
changing a word or figure in judicial documents is an offence “where the
intention is to falsify the document. If it can be proved that it was done unlawfully,
then it would amount to giving false information to pervert the course of
justice”.

Joseph Otteh, the executive director of Access to Justice, an
advocacy group promoting equal rights and justice, thinks the same and adds:
“If her age was falsified, it is to draw the court’s attention to the fact that
she is a minor fraudulently being tried as an adult. The court needs to see the
misrepresentation and take the matter through a juvenile track.”

Both lawyers say if the seeming wrongful detention of Ms Comfort
at the prison is established based on the fact that she is a minor, the next
step is “to know the extent of involvement of each party to the detention” and
appropriate punishment meted out. They also agree a civil suit for damages
could be considered.

This view is shared by the Lagos State police spokesperson,
Frank Mba. He said handwriting experts would be called to determine the
authenticity of the documents before the court.

“At the end of the day, if found to be altered, this would
amount to gross misconduct on the part of the officer and he will be tried in
orderly room and punished accordingly,” Mr Mba said, but did not clarify the
degree of punishment such an offence carries.

Another child marriage?

Mr Nwitua, in his statement, confirmed he was given the
responsibility of Ms Monday’s wellbeing by her father. He goes further to say
he brought her to Lagos for the purpose of marriage.

In his words: “I was given Comfort by the father, Monday, to
take to Lagos for marriage/training.” And according to Ms Monday, immediately
after they returned to Lagos, “that is when he started sleeping with me. It has
been long. At first, I was going to school but, after, I stopped. I was doing
housegirl for him.” By the time she told him she was pregnant, she said he had
become physically abusive.

The alleged sexual escapade was known by other members of Mr
Nwitua’s household located at Plot 2, Owode Street, Abule Egba, Lagos State,
which doubles as Mr Nwitua’s residence and business address – Gbedeco (Nig.) Ltd.
This was reported to the police by Mr Nwitua’s 15-year-old niece, Princess
Nwitua.

“She refused to go to school and when I asked, she said is not
feeling fine. She came to my room and said that she wants to go back to her
place in Port Harcourt. She said she did not want to live with my uncle again,
that my uncle is an evil man and that my uncle is sleeping with her,” Miss
Nwitua said.

Mr Koyejo says if Mr Nwitua has “actually been sleeping with her
as an underage, then his action amounts to rape, which carries a sentence of
life imprisonment under the Child Rights Law of Lagos State,” and “will be made
to face the full wrath of the law”.

A case of victimisation

On the instructions of Mr Nwitua, who had travelled to the
northern part of Nigeria on January 17, 2010, Ms Monday sold some compressors
to one Wahab, as identified by Mr Nwitua, for N95,000.

She handed the money to the security man, Dala, who Mr Nwitua
acknowledges kept his money and had access to the office drawer; who he “always
sometimes asked to collect money from there”; and where he alleges the N200,000
was stolen from.

When Mr Nwitua returned on January 23, 2010, Dala had packed his
belongings and absconded with the N95,000. He got Ms Monday arrested and told
the Police that Mr Enoma “is a bonafide friend of Dala and at the same time the
boyfriend of Comfort.” He said both Dala and Kennedy “always meet regularly and
sometimes for a long meeting either on my premises or at my gate”.

But this is at variance with the statement of his younger brother’s
daughter, Miss Nwitua, who told the police “I have not seen Ken before in our
compound before”.

A threatening
complainant

Through all this, Mr Nwitua, who instituted the case asking the
police to recover the money for him “and of course investigate any allegation
raised against me by all the parties involved”, has refused to talk to the
press and repeatedly threatened this reporter.

“Don’t go and publish anything that will cost your company a lot
of money o! Otherwise, I will not spare anybody in this matter,” Mr Nwitua at a
time said. The last time NEXT reached him, he said “Look, I warned you before.
You are looking for trouble. You are not listening,” before cutting the line.

Meanwhile, Ms Monday’s case has been adjourned four times and is
yet to be heard at the Kirikiri Magistrate Court, Apapa. No reason has been
given each time for the magistrate, Ope Agbe, not showing up in court.

It appears Mr Nwitua’s intention was to ensure Ms Monday
remained incarcerated for eight months, thus ensuring she gave birth to her
child away from public view and his wife and children, who are said to live in
the United Kingdom. The question remains, what’s next now that Ms Monday has
given birth?

Her case comes up September 27, 2010.

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Keeping kid drivers off the roads

Keeping kid drivers off the roads

Abdullahi Isa adjusted the helmet on his head for the umpteenth
time. It was his first week at work as a commercial motorcyclist and, besides
struggling with communicating with passengers in English language, he was also
having problems fastening the oversized head gear on his head. Although, he
could not work out how old he is, he said he was sure he was born the year the
late head of state, Sani Abacha, died (that is, 1998). According to him, his
sole purpose of moving to Lagos, where he had been for two months, was to
search for greener pastures.

The rising cases of road accidents in the state, which are
traceable to underage commercial motorcyclists and bus drivers who ply the
roads, have become a cause for concern.

Young and driving

Penultimate Wednesday, a diesel-laden tanker overturned and
exploded into flames on the Liverpool bridge, Apapa. Two occupants, including
the driver were instantly roasted to death.

Although he could not determine the exact age of the tanker
driver, Wale Olayiwola, a fire officer who was at the scene of the inferno,
attributed the cause to the situation where “very young boys” are allowed to
drive tankers and articulated vehicles.

“It is disheartening to see these young and inexperienced boys
driving trailers and tankers. I don’t know who granted them driving licences
that allowed them to drive vehicles loaded with sensitive and highly volatile
products,” said Mr. Olayiwola, the chief fire officer of the Nigeria Ports
Authority.

A public analyst, Gabriel Giwa-Amu, said that it is unreasonable
for an inexperienced person to ply the highways. “But if you say the
youthfulness of the motorist, the driver, or the commercial motorcyclist is an
issue, I will say no. The fact that the man is young does not make it a crime
or improper to ply the road because there is an age limit to which a person can
be said to be allowed to drive,” said Mr. Giwa-Amu, a Lagos-based private legal
practitioner.

Road safety awareness

The Federal Road Safety Commission (FRSC), in conjunction with
celebrity special marshals and four nongovernmental organisations had, on
February 20 this year, initiated the child-safety campaign in Lagos State.

“It was because of the concern over the safety of younger people
like that, we call them under aged people who, of course, have a right to ride,
drive or be driven. And the whole essence of that is how do we raise
awareness?” Said Jonas Agwu, the Lagos State Sector Commander of the FRSC.

“What we were trying to emphasise was that the family, religious
organisations and everyone in the society has a responsibility to ensure that
these young people are properly guided.

“Nobody should capitalise on the fact that because you want to
do business, you take a child that is under aged and ask him to do certain
things,” said Mr. Agwu.

According to the National Road Traffic Regulation Act of 2004,
it is illegal for anybody who is under 18 to drive a vehicle or to ride a
motorcycle. But being able to determine the age of a driver or motorcyclist by
looks seems to be a major challenge for the traffic officials.

“In keeping with that,” Mr. Agwu continued, “we carry out our
enforcements targeting under aged drivers and riders. Of course, we know that
sometimes there are challenges because you cannot determine the age of a person
by merely looking at the person,” said Mr. Agwu.

“In most cases, when we suspect that the person is under 18,
what we do is we impound the vehicle, impound the bike, and insist that the
person should bring proof, so that we have a document that we can use in
determining whether the person who is arrested is truly under age or not before
we go ahead with enforcement.”

Monitoring road users

Mr. Giwa-Amu blamed road accidents on irresponsible road users
and poor monitoring from road monitoring agencies. “The commercial motorcyclists
are the most reckless beings that ever exist. Not because of the area they are
coming from, but because once they are able to step on the clutch and the Okada
moves, they feel that they can ride the Okada anywhere anyhow. But normally,
these people are supposed to be subjected to training and evaluation,” he said.

A major area that needs to be looked into, according to Mr.
Giwa-Amu, is the tendency for drivers to jump into any type of vehicle,
irrespective of the class of vehicle under which their licences were issued.
“If you say you are licenced to drive a lorry, it does not give you the licence
to drive a truck of a higher weight. If you are 18 years old and you are
licenced to drive a car, you are prohibited from driving a truck, especially
one carrying fuel or any inflammable object, because it endangers the public.

“And then there is always this periodic test the vehicle
inspection office is entitled to carry out for a truck driver to ensure that he
is still of that mental competence or ability to drive that truck of that
grade. But all these things have collapsed, once the road safety issues a
licence, it is presumed to be for three or four years, they are not concerned
about your mental stability.” According to Mr. Agwu, the agency comes down hard
on drivers who possess invalid driving licences.

“When we ask do you have a valid driver’s licence? A valid
driver’s licence could be regarded as an ambiguous question in the sense that
you might be thinking that all we are saying is that, do you have a current
licence? But much more than that, we are asking do you have the licence that
truly specifies and gives you the right to ride that thing that you are
moving?” Stressed Mr. Agwu.

He also said that the FRSC has started a programme which
specifies that anybody who is applying for a licence must have attended a valid
and approved driving school.

“As I speak to you now, if you apply for a driver’s license here in Lagos
and you are applying for the first time and you never went to a driving school
approved by the government, you will not be able to pick a driver’s licence.”

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Wife remarries, seeks dissolution of first marriage

Wife remarries, seeks dissolution of first marriage

A 30-year-old woman, Mutiat Lawal, on Thursday
pleaded with a grade A Customary Court, in Ikorodu, Lagos, to dissolve
her marriage to Saka Lawal, as she is married to another man.

The petitioner told the court that
Lawal had not been taking care of her and the three children of the
marriage aged six, five and two years.

“My husband divorced his former wife
who had five children for him and I trained all the children, including
our three children, but in spite of this, he refused to support me.

“I married another man just last week
because he gives me attention although he lost his wife recently, but
he has three children,” Mutiat said.

Lawal, 56, a textile worker, consented
to the dissolution of their six-year-old marriage. He told the court
that his wife packed into another man’s house last week with their
three children. “The court tried its best to reconcile our differences
but my wife has an ulterior motive. Apart from the court’s effort, she
delivered a baby on July 20, and packed into another man’s house.

“I regret ever marrying her because she is lazy and never appreciative of all my assistance towards the family,” Lawal said.

He offered to pay the N6,000 proposed
by the respondent for the upkeep of their children to facilitate the
dissolution of their marriage.

The Court President, Remi Adesanya,
said all efforts by the court to reconcile the couple had become
abortive, since the petitioner had married another man.

“The court has no option than to dissolve the union,” Adesanya said.

He, however, adjourned the case till August 12 for judgment.

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SECTION 39: Watching Naomi Campbell

SECTION 39: Watching Naomi Campbell

Naomi Campbell is not just a pretty
woman. She has the kind of beauty that arrests attention, regardless of
race, gender or age: luminous and fascinating. So when I chanced on the
relay of her testimony to the Special Court for Sierra Leone on
television, I stopped to watch, expecting to appreciate her beauty.

What
I didn’t expect was to also appreciate her intelligence. But the way
she answered the questions, both from the prosecution and the defence,
showed a woman at the top of her game.

It explained why – in an era where
every workaday clothes horse is described as a ‘supermodel’ – she
remained at the top of a business where you need more than just good
looks to stay ahead for so long.

The
British media were also watching Campbell testify … with their knives
out. That’s another thing I didn’t quite expect. Campbell is certainly
notorious for her temper, but she isn’t the only international
celebrity guilty of public and private meltdowns. Yet ever since her
possible association with a diamond gift from former president of
Liberia Charles Taylor arose, Britain’s media have been in overdrive.

Subpoenas are as common as dust in
legal proceedings. But when one was served on Campbell, the story
became one of her being ‘forced’ to attend and testify, under threat of
imprisonment, as though a particularly harsh and unusual procedure had
to be deployed to drag a guilty and greedy accused person to court. An
ordinary subpoena!

From Campbell’s testimony and extracts
read by Taylor’s lawyer during cross-examination, it’s clear that only
her estranged former agent, Carol White, who apparently admitted two
men bearing the gift of uncut diamonds in the middle of the night, can
even link them to Taylor. Enough studies have been done to show how
different testimony about the same events can be, but despite the
brouhaha about how much contact Campbell had with Taylor, it’s worth
reminding ourselves that in 1997, when she was given the “dirty looking
stones”, the term ‘blood diamonds’ was hardly common currency.

The international NGO, Global Witness,
was among the first to highlight the link between diamonds and
conflict, but that was in 1998 when its report, “A Rough Trade” was
published. By July 2000, this had led the World Diamond Congress to
institute the ‘Kimberly Process’ under which all rough diamonds would
be given certificates of origin.

Again, although Sierra Leone’s civil
war raged from 1991 to 2002, it was not until the same July 2000 that
the UN Security Council held a public hearing on the conflict where the
direct link between the trade in diamonds and the purchase of arms by
the Revolutionary United Front (‘Foday Sankoh’) rebels was highlighted.
The role of Taylor’s Liberian government in supplying arms in exchange
for ‘conflict’ diamonds which it then passed off as originating in
Liberia, was exposed. As a result, the Security Council banned Liberia
from the diamond trade.

While a great deal of opprobrium has
been heaped on Campbell (the message conveyed by the media’s conversion
of her evidence about “dirty looking stones” to “dirty diamonds”
doesn’t even pretend to be subtle), we might also remember that from
her perspective, she was at dinner (not a ‘charity dinner’ as widely
reported) with ‘Saint’ Nelson Mandela, then President of South Africa,
and that Charles Taylor, whom she was meeting for the first time, was
Mandela’s guest.

One may wonder what he was doing there.
By September 1997, Taylor had been President of Liberia for just about
a month, and despite his history as a warlord in Liberia’s vicious
civil war, it had ended with elections that Taylor had won. However
widespread the feeling that his victory was due to the war-weary
Liberian people’s fear that anything other than giving him the
presidency would only mean the continuation of violence, he was now
Mandela’s brother-African President. Perhaps it was hoped that the
Madiba’s civilizing influence, which had worked its magic across South
Africa from Mangosuthu Buthelezi to fearful and suspicious Afrikaners,
might bring Taylor onside in the search for peace in Sierra Leone and
end his support for the rebels.

It’s
unrealistic to castigate Naomi Campbell for not knowing all this. Those
who want to ridicule her claim to have ‘never heard of’ Liberia might
pause to remember the number of times in their travels that they, on
identifying themselves as Nigerian, have been asked about their
interlocutor’s Ugandan friend. Or in what part of Accra is Nigeria?
(Yes!) How many island nations of the Caribbean can we name? Frankly,
the coverage given to Campbell’s testimony by the Western media in
comparison to that given to the trial, and indeed, the war for his role
in which Taylor is on trial (apart, of course, from the ‘fact’ that
Britain ended it) contains the alpha and the omega of why even educated
people who consume it know little or nothing about the rest of the
world.

Campbell may be no saint; but she’s hardly the blood-soaked villainess media hindsight would have us believe either.

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DEEPENING DEMOCRACY: Too small for the task

DEEPENING DEMOCRACY: Too small for the task

In Nigerian English, when someone has no competence to carry out an act, we say that the person is too small to do it. My position is that President Goodluck Jonathan is too small to sign the constitutional amendments passed by the National and State Assemblies of our federation.

Over the past two weeks, there has been an intense debate over whether the said constitutional amendments have come into effect or whether they require presidential assent. Unfortunately, the debate has been too focused on legalistic arguments and most of the voices animating the debate have been those of lawyers. We non-lawyers should be part of the debate.

Indeed, my view is that the issues underpinning the debate are too important and too complex for lawyers, who with all due respect, are trained to argue about texts rather than their underlying foundational principles.

While the lawyers are arguing about whether the famous judgement in the United States {Hollingsworth vs. Virginia (1789)} – that presidential assent is not required for constitutional amendments to come into force – applies to Nigeria, we should take time to focus on the foundational principles.

In federal political systems, the federal (national) and federating (state) governments all have constitutionally defined areas in which each level is sovereign as well as areas where both levels have
concurrent authority.

According to the “father” of federal theory, K. C. Wheare (1963), in federal regimes, neither the federal nor regional governments are supreme; the constitution is the only supreme organ. He adds however that citizens in federal systems live under two separate authorities, each of which is supreme in its area of competence. On matters of the constitution, the two levels of authority – federal and state must act in concert. In addition, the act must be carried out by the most important organ,the legislature.

In democratic theory, legislatures are the most powerful institutions in democratic regimes for a very simple reason: Legislatures are the only institutions with the power to create other powers. They have the monopoly of the powers to make laws through which they create new commissions and agencies, enact public policy and determine public expenditure through the process of appropriation laws.

In democratic theory therefore, the powers of legislatures are considered more important than the powers of executives. Indeed, the theory of representative democracy is constructed on the pivotal role played by legislators, who have been elected by the people to represent them at the level of law-making for the society.

It is this legitimacy derived from the electoral process that gives them the power to translate the views and concerns of citizens they are representing into public policy. It is on the basis of this principle that when a president refuses to assent to a bill, a two-thirds vote by Parliament overrides the presidential veto.

Constitutions are fundamental to the culture of democracy. This is why the process of constitutional amendment starts with a two-thirds majority in the National Assembly thus giving it, ab initio, a status that is higher than the powers of the president.

As we are in a federation, the process is completed by two-thirds of votes cast by legislatures of two-thirds of the states – expressing the powers of the people which reinforces peoples’ power and gives the assent of the state legislatures a status that is higher than and beyond the authority of state governors. State governors are “too small” to sign the votes of over two-thirds of state legislatures and the president is too small to sign the two-thirds majority vote of the National Assembly.

As democratic theory accords great importance to constitutions, its amendment is given a status that is far beyond that of an ordinary act or statute, which is why a constitutional amendment is more than the question of signing a bill into law.

The debate on whether or not a presidential assent is required is coming at a difficult time in which Professor Attahiru Jega and his team at INEC are making Herculean efforts to produce free and fair elections after a long period in which Nigerians have lost their franchise.

All my arguments on the relative supremacy of the powers of the legislature over the executive assume they have been genuinely elected by the people whom they represent. We know however that a good number of them emerged through massive electoral fraud and therefore represent their godfathers not the people.

Our ambition as a nation is to organise credible elections so that genuine representatives of the people can exercise power on our behalf. We must not be distracted from this objective. Having asserted the theory, I conclude by proposing the only way forward in federal democracies: The lawyers should argue out the case in the Supreme Court and the decision that emerges becomes the final truth.

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HERE AND THERE: ‘A diamond is forever’

HERE AND THERE: ‘A diamond is forever’

The
campaign slogan, ‘a diamond is forever’ is credited to American
copywriter Frances Gerety. It has been rated as the most successful
advertising slogan of the twentieth century. The story is that she was
dog-tired and at the end of her tether with a looming deadline in 1947
to create a new allure for the De Beers product.

Of course the stamp of that concept has become
indelible and even I as a teenager remember the slew of ads over the
decades that grew from that association of diamonds and romance and the
path to a woman’s heart, well, or thereabouts.

Tell her you love her all over again, was the tag line for the anniversary ring, tenth, I think it was.

There was also the eternity ring, which rhymed nicely with the idea of timelessness,

or the trilogy ring, integrating past present and
future that tied in nicely with yet another related concept, that of
undying love, or material value as the case may be.

That idea of forever though was a carefully worked
one tied down by the nuts and bolts of another enduring business
concept – cartels, controlling supply to control price, hello OPEC.

De Beers was founded by Cecil Rhodes to who is
attributed the quotation: “Our only risk is the sudden discovery of new
mines which human nature will work recklessly to the detriment of us
all.” By the time competition came along with the discovery of the
Culinan Mine whose owner refused to join the De Beers cartel the idea
had become a raison d’etre of the industry and Ernest Oppenheimer said
in 1910: “Common sense tells us hat the only way to increase the value
of diamonds is to make them scarce, that is to reduce production…”
Yes life would be drab without gorgeous artifacts to symbolise our
feelings and translate our values into things we can touch taste, wear,
enjoy and derive pleasure and self -affirmation from.

Giving them a price that places them above the
reach of others and establishes a hierarchy of values is all part of
creating that sense of luxury and “set apartness” from a bunch of
stones that may or may not be rare. It is a miracle of marketing that
as society changes has come to mean different things.

Witness the concept of blood diamonds that in the
context of the brutal war in Sierra Leone has come a long and some
might say circuitous way from the gleam it formed in Cecil Rhode’s eye.
Plus ca change, plus c’est la meme chose.

But talk about looking through a glass darkly, the
idea of the precious stone as a symbol of love and fidelity was given a
slightly different perspective by the song Diamonds are a girls best
friend. It was written by Jule Slyne and Leo Robins and made famous by
Marilyn Monroe who sang it in the movie Gentlemen prefer blondes which
was based on the book of the same name by Anita Loos. ‘Men grow cold as
girls grow old’, the lyrics go and the advantage of those sparkly
stones is that their value is always bankable.

Love may die, but those diamonds will go on… And
you can walk way with them being as they are small and amenable to
being secreted away. So even if you have to give up the flat, car and
eventually dump the gucci-pucci-uiton bag, (that equivalent of a car
down payment), as it goes out of fashion, you can always turn the
diamonds into cash. De Beers in 2001 established a joint venture with
Louis Vuitton Moet Hennessy, luxury brands coming together, a move that
makes complete sense.

Louis Vuitton designed the case to hold another
quality brand, the all gold World Cup that was launched at the recently
concluded World Cup tournament in South Africa.

When they are first dug up from the ground those
million dollar gems do look like dirty stones, but cleaned, smoothed,
buffed, polished and cut they sparkle with a thousand points of light.

Fact is that even a rough diamond, man that is,
can work his way to affording those gifts that when displayed on the
woman he loves, announce to the world the strength of his hand and the
power of his magnetism. The game is the same world over, whether it
comes from the bright red lips of Marilyn Monroe or from Dede with his
flashy SUV in Suru City.

A rock on her finger will inspire comparisons with
a diamond in the rough, and hidden attributes that only she can enjoy;
or not.

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