INDEPENDENCE: ‘LET US FORTIFY RULE OF LAW’ – NIGERIAN LAW SOCIETY

October 1, 2023
COMMEMORATING NIGERIA’S INDEPENDENCE DAY AND THE URGENT NEED TO FORTIFY OUR PILLARS OF JUSTICE
Dear Esteemed Colleagues,

As we celebrate our dear country’s Independence Day today, 1st of October, it is incumbent we reflect not only on our nation’s sovereignty and celebrate same vigorously, but also more importantly that we consider the urgent need for true independence within critical institutions, particularly our revered judiciary. Indeed, the need for free and independent institutions cannot be overemphasized; they are essential to our ever-growing democracy.

Therefore, this auspicious occasion underscores the imperative for autonomy in our judiciary, particularly in terms of true financial and operational independence. This is crucial for ensuring the unbiased administration of justice and the unwavering adherence to the rule of law. These are the very pillars upon which any just society stands.

Today, let us pause to pay tribute to the exceptional contributions of our diligent legal practitioners. Your unrelenting efforts and steadfast dedication to the administration of justice and the upholding of the rule of law constitute the very foundation of our legal system. Your unwavering commitment has paved the way for a more equitable and just society.

In the same breath, let us also take a moment to remember and mourn our fellow judicial officers, who have departed from us to the great beyond since the last Independence Day. Their dedication and service to our legal system shall forever be etched in our hearts.

As we honour their memories, let us also advocate for an increase in the wages of our judicial officers. Recognizing their invaluable contributions and ensuring their well-being is not only a gesture of gratitude but a commitment to the continued strength and integrity of our judicial system.

On this momentous day, let us also contemplate the paramount importance of fortifying the rule of law and the administration of justice in Nigeria. It is our collective duty to guarantee that justice is accessible, transparent, and impartial for every citizen.

Let us persist in our pursuit of a legal system characterized by transparency, accountability, and efficiency. By upholding the loftiest standards of professionalism and ethical conduct, we contribute to a more robust and prosperous Nigeria.

May this Independence Day serve as a poignant reminder of the influence and obligation we hold, as custodians of the law, to shape a brighter future for Nigeria.

Yours sincerely,

Kunle Ogunba SAN,
President, Nigerian Law Society.

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WOMEN’S RIGHTS AND PUSH TOWARDS GENDER PARITY IN NIGERIA

BY AMINA AGBAJE

Women’s Rights Movement in Nigeria – A Step Closer to Gender Parity and Abolition of Gender Discrimination!

FIDA Nigeria, a vanguard in the quest for gender parity, joins millions of others to celebrate the commendable bold move of the Executive Governor of Rivers State, His Excellency, Governor Nyesom Ezenwo Wike, who ended the denial of women inheritance that was prevalent among cultures in Rivers State, when he signed into law on Thursday, 15th September, 2022, the Rivers State Prohibition of the Curtailment of Women’s Right to Share in Family Property Law No. 2 of 2022.

The passage of this law by the Executive Governor of Rivers State is a clear testament to the tenacity and resoluteness of his administration to eradicate and prohibit the restrictions that abound in Rivers state which restrictions, abrogate or curtail the rights of women to share in family property, or make it a taboo for female children to inherit property.

This law is one which FIDA Nigeria has consistently advocated for its passage, all over the country being that it reinforces the truism that Women’s rights are indeed Human rights and as such, MUST be safeguarded and protected at all cost! The Importance of this law cannot be over-emphasized as it will enable women in Rivers state to effectively actualize their potentials, and allow them to inherit their entitlements while paving the way for discrimination to be challenged in court, riding on the back of the new Law.

Certainly, it is mind boggling and beyond reasonable contemplation that, in view of all the giant strides recorded by mankind in the 21st Century, women in parts of Nigeria are still being subjugated based solely on their gender, sometimes leading to outright denial of their rights which the Constitution of the Federal Republic of Nigeria 1999 (as amended) has already guaranteed.

It is sequel to the foregoing that, FIDA Nigeria in continuation of its commitment towards protecting, promoting and preserving the rights of indigent women and children, makes this Clarion call on all State Governors to emulate the exceedingly commendable step taken by the Executive Governor of Rivers State and ensure the passage of this law and similar other laws in their states, particularly for States that are yet to pass into law the Violence Against Persons Prohibition (VAPP) Act; and the Child’s Rights Act, amongst others.

The above call by FIDA Nigeria extends to all stakeholders in the movement towards the eradication of bias and discrimination rooted in gender inequality. Together we can push for greater actualization for gender parity across all spheres of society as we remain resolute in ensuring a society free from all forms of gender-based discrimination.

#Womenrightsarehumanrights. #genderparity. #togetherwecan #FIDANigeria

* Amina Suzanah Agbaje is FIDA Nigeria Country Vice President/CVP

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CLEMENT CHUKWUEMEKA LAUDS EKET BAR ON LAW WEEK

FEATURED

2022 LAW WEEK: CLEMENT UGO CHUKWUEMEKA, A CLEARED CANDIDATE FOR THE OFFICE OF 2ND VICE PRESIDENT IN JULY 16, 2022 NBA NATIONAL ELECTION, FELICITATES WITH EKET BAR

A frontline bar leader and cleared candidate for the position of 2nd National Vice President in the forthcoming NBA general elections, Clement Ugo Chukwuemeka, Esq has felicitated with the leadership and members of the Eket Branch of the Nigerian Bar Association on the occasion of her 2022 Law Week.

Mr. Clement Ugo Chukwuemeka is greatly delighted to reckon with the monumental achievements of the Gloria Etim led Eket Bar Branch that has continued to be a shining star in the legal circles.

Clement Chukwuemeka notes with exhilaration that the theme of the 2022 Law Week “NIGERIAN STATE AND THE CRISIS OF GOVERNANCE: WHAT HOPE FOR 2023 AND BEYOND” is properly etched and adequately timely, considering the electioneering at hand and the need to advance competent leadership for the nation at all levels.

I urge the leadership of the branch to translate the theme of the law week towards NBA election hence the need for branches to eschew dignity and leadership, not to arrogantly and disgraceful adopting two candidates of same position with a primary aim of extorting money. Branches of NBA must look beyond 2022 – 2024 and elect competent and selfless leaders that will serve and not those that will want to recover their expenses before serving us .

Wishing the branch a blissful law week.

Mr. Chukwuemeka wishes the Eket Bar a fruitful week of inspiring activities that will leave indelible marks on the hearts of participants.

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ISAAC OGBAH PRAYS FOR GOOD GOVERNANCE ON DEMOCRACY DAY

LET’S BIRTH A NEW NATION OF TRUTH, UNITY, ONE DEVOID OF TRIBAL AND RELIGIOUS SENTIMENTS, A NATION WHERE EVERY LIFE MATTERS AND A NATION SET TO BE THE PRIDE OF THE WORLD

It’s yet another democracy day but sadly enough the democracy we claimed to practice is not one of the people but one which sidelines the people; is not one which is not run by the people but one which in practice is against the people for the selfish interest of the minority; one which bloodshed in all regions of the nation has been on the increase; where those who claimed they are leaders cannot even go to their home towns and villages without a truckload of security operatives and the lives of those they govern are being slaughtered like chickens 🐔 🐓 in their homes, roads, trains and everywhere. 

Hence it’s my prayers that as we look forward to 2023 that God would grant us the wisdom to elect true democrats that would make the people become the essence of governance; where people’s oriented interests would be the thrust of their administration and a government where the people would be proud to say that we, the people of Nigeria 🇳🇬 elected this government and the government is truly serving the interest of the people. That insecurity would be a thing of the past. That the economy of this nation would become great again!!!

I pray that by this time next year we would have done away with those that are destroying this nation and the destinies of the unborn. 

Soon we shall all have cause to say, with one voice Happy democracy day!!!

Isaac Omuta Ogbah, FICMC, 3rd Vice President Candidate of the NBA

‘WE WANT REPORT ON TORTURE, SARS,’ SAY UN

The United Nations has called on the Federal Government to provide, by 3 December 2022, information on its follow-up to the Committee’s recommendations in its latest report on torture in Nigeria.

According to the global body, the information should dwell on “allegations of torture, ill-treatment, arbitrary detention and excessive use of force, in particular by SARS.”

In its latest report on Torture in Nigeria, the UN Committee against Torture (CAT) also sought information on pretrial detention and overcrowding; the national preventive mechanism; and gender-based violence. “In the same context, the State party is invited to inform the Committee about its plans for implementing within the coming reporting period, some or all of the remaining recommendations in the concluding observations,” said the Torture Committee.”

Turning to “Redress, including compensation and rehabilitation,” the UN Committee against Torture welcomed sections 6 and 9 of Nigeria’s Anti-Torture Act that stipulate access to legal assistance and right to claim compensation for torture and ill-treatment, “and the part 32 of the Administration of Criminal Justice Act 2015 that provides for costs, compensation, damages and restitution for victims of crime.”

It however “regrets the lack of information on the actual application of those provisions, including the data on victims of torture and ill-treatment who have obtained redress thus far. The Committee also regrets the lack of information whether victims of torture had received medical or psychosocial rehabilitation, in addition to compensation, and whether specific rehabilitation programmes have been established for them (arts. 2 and 14).”

The Committee urged the Federal Government to “Ensure that an explicit provision in the Anti-Torture Act allows victims of torture and ill-treatment to obtain redress, including the means for as full a rehabilitation as possible, as set out in its general comment No. 3 (2012),” and

“Establish rehabilitation programmes for victims of torture and ill-treatment, in cooperation with specialized civil society organizations, for example through mandating judicial panels operating across the country, and allocate resources to implement such programmes.”

Speaking on the follow-up procedure, the Committee “invites the State party to consider making the declarations under articles 21 and 22 of the Convention and to ratify any core United Nations human rights treaties to which it is not yet party.”

It also urged the Federal Government to “disseminate widely the report submitted to the Committee and the present concluding observations, in appropriate languages, through official websites, the media and non-governmental organizations and to inform the Committee about these activities.”

On the continued default by Nigeria on its reporting obligations to the Torture Committee, the CAT urged Nigeria “to comply with its reporting obligations under article 19 of the Convention and to submit its report, which will be considered its second, by 3 December 2025. To that end, the Committee invites the State party to accept, by 3 December 2022, to prepare its report under the simplified reporting procedure, whereby the Committee will transmit to the State party a list of issues prior to reporting. The State party’s response to that list of issues will constitute its second periodic report under article 19 of the Convention.”

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

CAT_C_NGA

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‘SHONEKAN WAS A MAN OF HONOUR, ZEAL,’ SAYS GADZAMA

The Chairman of the Nigerian Bar Association (NBA) Security Agencies Relations Committee has described the late Head of the Interim National Government, Chief Ernest Shonekan (GCFR) as a “formidable elder statesman,” adding that he was a “man of great honour and zeal who during his short lived tenure as the Interim Head of State recorded great strides and made remarkable contributions to the development of the idea of a democratic government in Nigeria.”

In a condolence message made available to CITY LAWYER, the pioneer Chairman of NBA Section on Public Interest and Development Law (NBA-SPIDEL) said that “Foremost of all his qualities was his humility and service to the nation. Indeed, his deeds reveal that he was a man with deep love for Nigeria. “

Below is the full text of the statement.

With great sadness, I mourn the death of the formidable elder statesman, Chief Ernest Shonekan, GCFR who served as the Head of the Interim Government of Nigeria in 1993. He was a man of great honour and zeal who during his short lived tenure as the Interim Head of State recorded great strides and made remarkable contributions to the development of the idea of a democratic government in Nigeria. Foremost of all his qualities was his humility and service to the nation. Indeed, his deeds reveal that he was a man with deep love for Nigeria.

I had the pleasure of working with the elder statesman for a period of 4 years at the Infrastructure Concession Regulatory Commission (ICRC) where I chaired the Compliance Committee. During my time with him, I picked up fundamental principles of life which I have applied in my relationships with people on a daily basis. It would interest you to know that his first task for my committee was to draft a Code of Ethics for all board members and management staff of the Infrastructure Concession Regulatory Commission to act as a guide for their conducts. This confirmed the elder statesman as someone who appreciated the principle of discipline in life.

Due to his reputation as a respected elder statesman, I invited him to chair my 50th Birthday Celebration on the 28th of November, 2011 at the Abuja Sheraton Hotel and Towers. I was very elated when the elder statesman honored my invitation to chair this occasion and went as far as paying me a personal visit at my residence in Asokoro, Abuja. This memory remains evergreen in my heart. I also recall my doubt when I saw him walking on the streets of London and he beckoned on me to confirm that he was the one. Once again, his humble nature came to play in our encounter in London.

On behalf of myself, my family and the entire staff of J-K Gadzama LLP, I express my deepest condolences to Chief Ernest Shonekan’s widow, Margaret Shonekan, his entire family and the entire nation as we have lost not only a Nigerian but a National Icon who during his lifetime believed in the strength of this country as a nation.

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‘MAKE TORTURE C’TE INDEPENDENT,’ UN URGES FG

The Committee against Torture (CAT), a United Nations entity, has urged the Federal Government to ensure that the National Committee against Torture (NCAT) is given legal teeth and becomes an independent body.

While noting Nigeria’s ratification in 2009 of the Optional Protocol to the Torture Convention and its mandate to NCAT to visit places of detention and investigate any complaints of torture, the Committee “regrets” that Nigeria did not notify the United Nations of the designation of any National Preventive Mechanism.

“The Committee further notes that the National Committee against Torture was established by terms of reference rather than a legislative act regulating its functions, mandate, and resources among others,” said CAT. “The Committee is seriously concerned by its lack of legal, operational and financial independence, as it is situated in the Federal Ministry of Justice, and lack proper funding (arts. 2, 11, 13 and 16).”

The Torture Committee then called on the Federal Government to “Take measures to align the functioning of the National Committee against Torture with the Optional Protocol to the Convention and ensure its independence, sufficient staff and adequate resources and budget necessary for it to fulfil its preventive mandate effectively, in accordance with the guidelines on national preventive mechanism of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT/OP/12/5);

“Consider seeking technical assistance from the United Nations, including advice from the Subcommittee on Prevention of Torture on the establishment of the national preventive mechanism, in conformity with article 11 of the Optional Protocol;

“Ensure that all places of deprivation of liberty are subject to effective and regular monitoring visits by an independent body that involves medical personnel, that visits can be conducted without prior notice, that monitors hold confidential, private meetings with persons deprived of their liberty, without any reprisals and report publicly on their findings;” and
“Authorize non-governmental human rights organizations, as well as civil society actors providing health care and education, to undertake monitoring activities at detention centres.”

Turning to pretrial detention and overcrowding, the Committee commended Nigeria’s efforts to address the overuse of prolonged pretrial detention causing chronic overcrowding in detention facilities “through enactment of the Administration of Criminal Justice Act and its section 34 mandating chief judges or magistrates at state level to conduct monthly inspections of police stations and other places of detention within their jurisdiction, other than prisons, inspect records of arrests, direct the arraignment of suspects and grant bail.”

While noting efforts at prison decongestion leading to release of around 2,000 detainees and 160 juveniles and reports on release of around 7,813 prisoners from the correctional centres to reduce overcrowding and control the spread of the COVID-19 pandemic in 2020, “The Committee remains concerned however that around 72 per cent of the prison population is still awaiting trial even after the aforesaid measures. The Committee also understands that detainees can contest the legality of their detention before a judge and can submit a complaint to the National Human Rights Commission, but regrets to note the inefficiency of such system due to the significant delays in access to justice, among others (arts. 2, 11–13 and 16).”

To address these concerns, the Committee against Torture urged the Federal Government to “Ensure that Administration of Criminal Justice Act is properly implemented, the pretrial detention is effectively reviewed, that its duration does not exceed the legally established maximum and is as short as possible, and that its use is exceptional, necessary and proportionate;

“Ensure that pretrial detention is closely monitored by courts;

“Take into account the lessons learned from the federal decongestion program and COVID-19 pandemic and intensify its efforts to significantly reduce detention overcrowding, by making greater use of non-custodial measures, such as parole and early release, in accordance with the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules);” and

“Ensure that effective, independent and accessible complaints mechanisms are available to all persons deprived of their liberty and that complaints are promptly, impartially and thoroughly investigated.”

On conditions of detention, the Committee noted Nigeria’s statement on the ongoing reforms of correctional facilities, “but remains concerned at numerous reports of poor material and sanitation conditions of detention that persist in all places of deprivation of liberty, the lack of access to proper medical care, including to persons with transmissible diseases, and inadequate food and water. It is also concerned at the reports of the lack of separation of juvenile inmates from adults, convicted persons from remanded detainees, in addition to detention of pregnant and breastfeeding women and persons with disabilities in general custodial facilities and without access to appropriate health services. The Committee regrets the lack of reliable information on the total number of prison deaths, their cause and follow-up investigations, such as the reported incident in Ikoyi prison in December 2019 (arts. 2, 11 and 16).”

The Committee against Torture urged the Federal Government to improve material conditions in police cells and correctional facilities, “including with regard to the ventilation, access to adequate food and running water and take measures to bring conditions in detention and the operational procedures into compliance with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules);

“Put in place systems to separate juveniles from adult prisoners and convicted prisoners from remand detainees, ensure that women are detained in gender-sensitive conditions and children are immediately released from custodial facilities, that inmates with disabilities are held in humane conditions and that prisons are adapted to their needs. Ensure that remanded and convicted persons with intellectual or psychosocial disabilities are transferred from custodial facilities to psychiatric hospitals or appropriate therapeutic settings;

“Provide adequate health services to all prisoners, and particularly those with disabilities, and conduct a thorough and independent medical examination of all detainees, both at the outset of detention and on a regular basis throughout the duration of detention;” and
“Ensure that all instances of death in custody are promptly, thoroughly and impartially investigated, including by means of independent forensic examination. It should also take measures to ensure the allocation of the necessary human and material resources for the proper health care of prisoners, and review the effectiveness of programmes for the prevention of suicide and self-harm, as well as for the prevention, detection and treatment of chronic degenerative diseases and infectious or contagious diseases in prisons. Lastly, the State party should compile and provide detailed information on the cases of death in custody and their causes.”

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

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#ENDSARS: ‘WE’RE CONCERNED ABOUT SARS, MILITARIZATION OF POLICING,’ – UN C’TE

The United Nations Committee against Torture (UN-CAT) is worried by “militarization of policing activities” by Nigeria through joint operations, saying this was reported during the #ENDSARS protest at Lekki on October 20, 2020 and the lockdown imposed to contain the spread of the COVID-19 pandemic.

The Committee also stated that it is “deeply concerned at allegations of gross-misconduct by the Special Anti Robbery Squad (SARS) of the Nigeria Police Force,” even as it also expressed concern at “reports on the continuous use of torture in interrogations by police, military and civilian joint task force officers (CJTF).”

In its latest report on torture in Nigeria, UN-CAT commended “ongoing efforts to reform the police, the enactment of the Police Act and the revision of the Police Force Order 237 incorporating international standards,” but stated that it is concerned at reports of excessive use of force, “including lethal force by shooting leading to extrajudicial killings, during arrests or policing the demonstrations.”

It noted that the “growing militarization of policing activities” led to 38 complaints of extrajudicial killings recorded by the National Human Rights Commission, or other demonstrations having been held in south-eastern states, adding that “The Committee is deeply concerned at allegations of gross-misconduct by the Special Anti Robbery Squad (SARS) of the Nigeria Police Force.”

While noting Nigeria’s commissioning of the National Human Rights Commission to conduct investigations, establishing judicial panels of inquiries at federal and states level, and the disbandment of SARS, the Committee “observes that the judicial panels received reportedly 2,500 complaints on torture and ill-treatment, arbitrary arrests and detentions, and extrajudicial killings, but remains concerned that no reports on investigations have been made public, accompanied by the lack of accountability.”

It noted that some of the panels reportedly stopped sitting due to lack of funding, adding that the “Committee is also concerned at: the use of 2014 legislation by the police against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons to legitimize arbitrary arrest and detention, among others; at reports of arbitrary detention without criminal charge or conviction and ill-treatment of persons with intellectual and psychosocial disabilities in public institutions and private settings, including religious and traditional healing centres; and, ill-treatment inflicted on drug users particularly by members of National Drug Law Enforcement Agency and in the drug rehabilitation facilities (arts. 1, 2, 11-14 and 16).”

The Committee urged the Federal Government to “Ensure that law enforcement and security forces personnel continue to receive training on the absolute prohibition of torture and on the use of force, including the Police Force Order 237, taking into account the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials;

“Make the findings of the established judicial panels of inquiries public and immediately investigate allegations of abuses committed by police, SARS officers, and security forces employed in the policing activities, by an independent body and provide disaggregated information on prosecutions, full redress of victims, and resources allocated for that purpose;

“Stop and investigate arbitrary detentions and assaults against persons with disabilities, drug users or LGBTI persons and investigate those incidents, prosecute alleged perpetrators and provide effective remedies to the victims.”

Turning to inadmissibility of confessions obtained under torture, the UN-CAT welcomed legislation prohibiting the admission of confessions obtained under torture (the Anti-Torture Act, the Evidence Act, and the Administration of Criminal Justice Act). It however expressed concern at reports on the “continuous use of torture in interrogations by police, military and civilian joint task force officers (CJTF).”

It noted that “Despite the existing legal safeguards, including recording of confessions” or possibility to complain about duress before a judge, “numerous reports highlight that coerced confessions are accepted in practice contrary to the law. The Committee regrets that no solid information has been provided by the State party about the application of these legal safeguards by judges in practice (arts. 2, 10 and 15).”

The Committee urged the Federal Government to “Adopt effective measures to ensure that confessions, statements and other evidence obtained through torture or ill-treatment are not admitted in evidence in practice, except against persons accused of committing torture, as evidence that the statement was made under duress, and that prosecutors and judges ask all defendants in criminal cases whether they were tortured or ill-treated, that all allegations of torture and ill-treatment raised in judicial proceedings in the State party are promptly and effectively investigated and alleged perpetrators prosecuted and punished; Provide information on cases, where this has been applied.”

According to the Committee, the Federal Government should “Ensure that all police officers, national security officers and military, judges and public prosecutors receive mandatory training emphasizing the link between non-coercive interrogation techniques, the prohibition of torture and ill-treatment and the obligation of the judiciary to invalidate confessions made under torture.”

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

Copyright 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

 

‘ACJA IMPLEMENTATION GAPS HAMPER SAFEGUARDS,’ SAYS UN TORTURE C’TE

The Committee against Torture (CAT), a United Nations entity, has poked holes in the implementation of the Administration of Criminal Justice Act, saying there are “numerous shortcomings” in the implementation of the fundamental safeguards secured by the Act.

In its latest report on torture in Nigeria, the Committee commended the enactment of the legislation, but decried poor implementation which has made the realization of its safeguards a pipe dream.

According to CAT, “While welcoming the State party’s enactment of the Administration of Criminal Justice Act and its commitment to continue strengthening the justice system made during the universal periodic review (see A/HRC/40/7/Add.1), the Committee is concerned that despite the existing legal provisions, the implementation of fundamental safeguards is subject to numerous shortcomings.”

The Committee listed the implementation challenges to include: many instances in which persons are held in police custody beyond the legal time limit of 24 or 48 hours (in contravention to the section 35 of the Constitution and section 62 of the Police Act); the allegations of arbitrary arrests and incommunicado detentions without any contact with the relative or person of their choice and the absence of systematic and consistent use of registers of persons deprived of liberty at all stages of detention and details thereof, and the reports that the arrested persons do not receive routinely information about the reason of arrest and about their rights, including the right to legal representation.

Others are the fact that legal aid is difficult to obtain in practice, despite the establishment of the Legal Aid Council of Nigeria with its underfunded offices in all thirty-six states; the lack of routine audio or video recording of the questioning during the investigation in police custody despite a specific requirement provided for in law, and the absence of an independent medical examination from the outset of detention (art. 2).

The Committee then urged the Federal Government to: Ensure the right of detainees to be brought promptly before a judge, or to be freed, and to challenge the legality of their detention at any stage of the proceedings; Ensure that persons have their deprivation of liberty accurately recorded in registers at all stages of the proceedings and ensure their right to inform a relative or another person of their choice of their arrest or detention, and Ensure that arrested and detained persons are informed immediately of the accusations and charges against them and that they are able to have prompt access to a lawyer or to free legal aid throughout the proceedings, including during the initial interrogation and inquiry, in line with the Basic Principles on the Role of Lawyers and the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems.

The Federal Government is also to: Provide the human and financial resources needed to ensure the proper functioning of all local branches of the Legal Aid Council; Ensure that the questioning of persons deprived of their liberty is video recorded, that those recordings are stored in a safe place under the control of oversight bodies and that the recordings are made available to investigators, detainees and their lawyers; Provide necessary technical and financial support to the police stations to facilitate the implementation of this recommendation, and Ensure that detainees have the right to request and obtain medical examination by an independent physician or a physician of their choice and that such medical examination is available without conditions and in full confidentiality promptly upon arrival at a police station, detention centre or prison.

The government is again urged to provide adequate and regular training on relevant legal provisions, monitor the compliance and penalize any failure on the part of officials to comply.

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

Copyright 2022 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

‘NIGERIA HAS TAKEN STEPS TO ENFORCE TORTURE CONVENTION,’ SAYS UN-CAT

The Committee against Torture, a United Nations entity, has commended Nigeria for its “accession to or ratification of” some international instruments since Nigeria’s accession to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

In its latest report on torture, the Committee enumerated some “positive aspects” relating to Nigeria, noting that it “welcomes the accession to or ratification of the following international instruments by the State party.” 

The Committee also commended some “legislative and institutional measures” taken by Nigeria to give effect to the Convention.

The international instruments include:

(a) The United Nations Convention against Transnational Organized Crime, on 28 June 2001;
(b) The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, on 28 June 2001;
(c) The Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime on 27 September 2001;
(d) International Convention for the Suppression of the Financing of Terrorism, on 16 June 2003;
(e) The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, on 22 November 2004;
(f) The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, on 27 July 2009;
(g) The International Convention for the Protection of All Persons from Enforced Disappearance, on 27 July 2009;
(h) The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, on 27 July 2009;
(i) The Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and on the involvement of children in armed conflict, on 25 September 2010 and 27 September 2012 respectively;
(j) The Convention on the Rights of Persons with Disabilities and its Optional protocol, on 24 September 2010;
(k) The 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, in 2011;
(l) The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), in 2012.

Among the “legislative and institutional measures” taken by Nigeria to give effect to the Convention are:

(a) The Child Rights Act, in 2003;
(b) The African Charter on Human and Peoples Rights (Ratification and Enforcement) Act, in 2004;
(c) The Evidence Act, in 2011;
(d) The National Human Rights Commission Act, in 2010;
(e) The Terrorism (Prevention) Act, in 2011;
(f) The Legal Aid Council of Nigeria Act, in 2012;
(g) The Administration of Criminal Justice Act, in 2015;
(h) The Violence against Persons (Prohibition) Act, in 2015;
(i) The Anti-Torture Act, in 2017;
(j) The Nigerian Correctional Service Act, in 2019;
(k) The Nigerian Police (Establishment) Act, in 2020;
(l) The Judicial (Financial Autonomy) Act, in 2020;
(m) Fundamental Human Rights Enforcement Procedure Rules, in 2009;
(n) The action plan to end and prevent the recruitment and use of children, in 2017
(o) The national action plan for the promotion and protection of human rights and strategic work plan 2019-2022;
(p) The establishment of the Administration of Criminal Justice and Reforms Department.

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

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UN RUES NIGERIA’S FAILURE TO SUBMIT TORTURE REPORTS

The Committee against Torture (CAT), a United Nations entity, has lamented Nigeria’s continued failure to comply with its reporting obligation under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

In its latest report on torture in Nigeria, the Committee which operates under the ambit of Office of the High Commissioner for Human Rights (OHCHR), noted that Nigeria’s failure has “precluded the Committee from assessing the implementation of the Convention by the State party on the basis of the Government’s report.”

The Committee also observed that the Federal Government has for almost 20 years failed to submit a report on torture even when it was urged to “accept the simplified reporting procedure to assist it in preparing such report.”

While the Committee noted that the Federal Government in 2012 provided it with information on the establishment, mandate and conducted activities of the National Committee against Torture, the Committee bemoaned the persistent neglect by Nigeria of its reporting obligations, saying: “The Committee however regrets that the State party has failed to meet its reporting obligations under article 19 of the Convention for more than 19 years, which precluded the Committee from assessing the implementation of the Convention by the State party on the basis of the Government’s report.”

It also noted that “Notwithstanding the commitments made by the State party following the 2018 universal periodic review of the Human Rights Council to strengthen the implementation of its international obligations and cooperation with human rights protection mechanisms, in particular by reporting to all treaty bodies (see A/HRC/40/7/Add.1, para. 148.15-18), the Committee regrets that the State party has not yet complied with its reporting obligations under the Convention.”

Tracing its longstanding efforts to get the Federal Government to comply with its reporting obligations, the Committee noted that Nigeria acceded to the Convention on 28 June 2001, adding that “The State party was under an obligation to submit its initial report under article 19 (1) of the Convention by 28 June 2002. Each year thereafter, Nigeria was included in the list of States parties with overdue reports in the annual report, which the Committee submits to the States parties and the General Assembly.

Continuing, the Committee said: “By a letter dated 27 June 2012, the Committee reminded the State party about the overdue initial report and the possibility for the Committee to proceed with a review in the absence of a report as a result of the extended delay in its submission. On 10 December 2012, the State party sent a response to the Committee with information on the establishment, mandate and conducted activities of the National Committee against Torture, as follow-up to the letter sent to the Committee by the Chairman of the National Committee against Torture in Nigeria on 26 September 2012.”

Said the Committee: “By a letter of 30 September 2019, the Committee once again reminded the State party about the overdue initial report and the possibility for the Committee to proceed with a review in the absence of its overdue report and invited the State party to accept the simplified reporting procedure to assist it in preparing such report. In the absence of a reply, the Committee informed the State party about its decision to proceed to the review of the implementation of the Convention in the absence of the State party’s report at its seventy-first session by two subsequent letters of 9 December 2019 and 27 March 2020.”

According to the Committee’s report, “Due to the COVID-19 pandemic and its impact on the functioning of treaty bodies and in-person sessions, by a letter of 5 October 2020, the Committee informed the State party about the postponement and rescheduling of the State party review for the seventy-second session. On 10 September 2021, the Committee once again informed the State party of the possibility of reviewing the situation in the State party in the absence of a report at its seventy-second session, in accordance with rule 67 of its rules of procedure. The Committee welcomes the State party’s response confirming its participation in the seventy-second session sent on 22 October 2021 and its subsequent participation in the dialogue.”

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

TORTURE: UN COMMITTEE URGES TRAINING FOR NIGERIA’S JUDGES, LAWYERS

The Committee against Torture (CAT) has urged the Federal Government to train judges and lawyers on the application of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The Committee also expressed concern on “lack of information” on the application of the Convention by Nigeria’s courts, and on cases where the Convention has been directly applied by the domestic courts.

Rising from its 72nd meeting, CAT urged the Federal Government to “provide judicial officials and lawyers with specific training on applying the Convention directly and asserting the rights established in those provisions before the courts and submit information about specific cases in which the Convention has been invoked before the domestic courts in its next periodic report.”

While welcoming the enactment of the Anti-Torture Act that is applicable in the whole country, the Committee in its “Concluding observations in the absence of the initial report of Nigeria” noted that “it is concerned at the lack of information on the actual practice of direct application of the Convention by the domestic courts, and on cases where the Convention has been directly applied by the domestic courts (arts. 2 and 12).”

The Committee also expressed concern on the adopted definition of torture in Nigeria’s Anti-Torture Act, adding that contrary to the expectation of the Convention, a “specific purpose based on discrimination ground” is linked to the purpose of intimidation or coercion of an individual or a third party, rather than a standalone purpose.

Noting that the Anti-Torture Act “does not cover attempts to commit torture in accordance with Article 4 of the Convention and lacks specific provisions establishing statute of limitations and barring the amnesties and pardons for the acts of torture (arts. 1 and 4),” the Committee urged the Federal Government to “Continue to make efforts to bring its definition of torture fully into line with article 1 of the Convention and explicitly add the following separate purpose to the definition of torture: “or for any reason based on discrimination of any kind;” “Include criminalization of the attempts to commit torture in the Anti-Torture Act;” and “Clarify and ensure that there is no statute of limitations for the offence of torture explicitly provided in law in line with General Comment No. 3 (2012) on the implementation of article 14, and that torture is explicitly excluded from the scope of amnesty and pardon provisions.”

The Committee against Torture is a United Nations body of independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties. The Committee against Torture is composed of 10 independent experts who are persons of high moral character and recognized competence in the field of human rights. The Committee is currently chaired by Mr. Claude Heller.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

‘WHY I SUPPORT CLAMOUR FOR RESTRUCTURING,’ BY GADZAMA

Leading lawyer, Chief Joe-Kyari Gadzama SAN has posited that though there is no consensus on the particular areas to be restructured within the Nigerian polity, “there seems to be a general agreement that the Nigeria structure of governance should be reviewed, and at its epicenter, the CFRN.”

Speaking last Monday at the 2021 Law of the Nigerian Bar Association (NBA), Ikeja Branch, the foremost arbitrator stated that “a successful review of the CFRN to alter the governance structures and reflect true federalism coupled with religious implementation of the altered structures, will set the foundation for a Nigeria of our dreams; a Nigeria whose dream can be echoed with belief and hope from the rainforest of the South to the windy desert of the North by all Nigerians.”

The theme of the Law Week is “The Nigeria of our dreams.”

Below is the full text of Gadzama’s presentation.

THE NIGERIAN STATE AND THE CALL FOR RESTRUCTURING

Being the Full Text of a Presentation
By

Chief Joe-Kyari Gadzama, OFR, MFR, SAN, FNIALS, FICMC, DiplCArb, FCIArb, FNICArb, C.Arb
(Of Lincoln’s Inn, Barrister/Life Bencher/Certified Mediator/Regulatory Consultant)
Bobajiro of Akure Kingdom.

ON THE OCCASION OF THE NIGERIAN BAR ASSOCIATION IKEJA BRANCH LAW WEEK
HELD ON MONDAY, JULY 12, 2021

PROTOCOL

APPRECIATION
I thank the Organizers of this Law Week as well as the leadership of the Nigerian Bar Association (NBA) Ikeja Branch (the Tiger Branch) for not only inviting me to attend but also to speak at this auspicious occasion. My topic is the Nigerian State and the call for restructuring which shall be discussed within the context of the theme – the Nigeria of our Dreams.

INTRODUCTION
There is a wide gap between dreaming and day-dreaming. Day-dreaming is a quick elusive delink from one’s immediate reality followed by a transition to quixotic ideals. The Freudian Theory posits that dreams are manifestations of one’s deepest desires and anxieties having the tendency to cause occurrence of creative thoughts to the dreamer or give a sense of inspiration . Hence whilst the former can be likened to a mere mirage of fantasies, the latter is a more deeply immersing series of thought processes in one’s sub-consciousness capable of spurring up creative ideas to translate this reality to manifestation. We cannot overstate; dreams are important as they encompass goals and more. Dreams give one’s life purpose, direction, and meaning. They shape life choices, help to build towards the future and create a sense of control and hope. The same can be applied to a nation. A country needs a dream, hopes and a purpose to move on.

I was almost born in Cameroon; in a Nigerian town called Mubi, situate at the Nigerian-Cameroonian border. I am therefore a proud but not an arrogant Nigerian. As a rising chap, I grew up with a curious mind nursed with knowledge from my immediate family and school. I began my primary education in Kainji in old Kwara State but now Niger State, I continued my elementary school at L.E.A. (Methodist) Primary School, Ibrahim Taiwo Road, (Formerly Market Road) Kaduna State, and L.E.A. (St. Michael-Anglican) Primary School, Sabon Gari, Kaduna State where I completed my primary education. Later on, I moved to Teachers’ College, Song, Adamawa State. Thereafter, I attended Borno College of Basic Studies (BOCOBS), Maiduguri now in Bama, and University of Maiduguri, Borno State, where I obtained my Bachelor of Laws degree after which I proceeded to the Nigerian Law School in Lagos and obtained my Barrister at Law qualification to practise. Throughout all these formative years, as I journeyed through transitional experiences including and or hearing about the Nigerian Civil War (1967-1970), I harnessed different dreams for myself, my family and my country, Nigeria.

Like me, I know many fellow concerned Nigerians have earnest dreams for our great Nation. However, whether these dreams have found fruition or yielded manifest results remain a recurring rhetoric we must all ponder on. Rhetorically, have these dreams been achieved? Can we say for certain that we live in an ideal Nigeria? Or can we at least say that we are on the right course towards achieving the Nigeria of our dreams? Why are we not living the Nigerian dream? Indeed, who bells the cat for the current predicament of Nigeria? Do we blame the professionals, the technocrats, the scientists, the businessmen or the entrepreneurs? Your guess is as good as mine; certainly not! The questions are endless and the answers are not forthcoming.

The aphorism which says, “A fish rots from the head down” speaks volumes of truth on this subject. Although we may blame non-partisan and apathetic followership as having played a role in the quagmire, the overall and root cause of the problem is lack of quality, devoted and objective leadership born out of true democracy and patriotism. Sadly, leadership in our country has not been motivated by true federalism, fairness, equity, nationhood and good conscience. Rather, we have continued to experience a blatant scene of tribalism, nepotism, favoritism, unfair politicization of government policies, impunity, corruption and insecurity. Despite these setbacks impeding the materialization of our dreams for Nigeria, we must continue to dream.

The idea of developing and sustaining a national dream is to ensure that at every time in the nation’s existence, there are short-term, medium and long-term strategies set up to drive the nation towards living true to its strength and potentials for the benefit of its citizens. These laid down strategies will form the substratum of all the policies of its governments at all levels.

The idea of a national dream cannot be discussed without a reference to the famous “American Dream”. The American Dream which birthed the America we now celebrate, is the core American philosophy; that anyone, regardless of where they were born or what class they were born into, can attain their version of success in an egalitarian society. The American Dream is considered as a national ethos for the United States and embedded in it are the ideals of democracy, rights, liberty, opportunity and equality which are expected to shape and guide every government in the United States at the Federal, State and County level. The anticipated outcome is that these ideals will provide the environment for everyone to access the opportunity for prosperity and success as well as upward social mobility, so long as they are ready to work hard no matter the barriers. According to James Truslow Adams the American Dream guarantees that “life should be better and richer and fuller for everyone, with opportunity for each according to ability or achievement” regardless of social class or circumstances of birth. This essentially forms the foundation of America’s constitutional democracy.

In the case of Nigeria, we can only refer faintly to the lofty dreams and hopes of our foremost nationalists who ensured the birth of Nigeria but not a national dream per se. The closest semblance to a national dream in Nigeria would be the Preamble of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (CFRN), but that CFRN has often been adjudged to be document not emanating from Nigerians. Hence, the question; shouldn’t Nigeria at 60 years and more of independence be guided by a united purpose encapsulated in a national dream? Who knows, maybe the avenue provided by the NBA-Ikeja Branch during her law week will grow the momentum to have a workable and realizable Nigerian Dream.

THE CALL FOR RESTRUCTURING: A GUIDE TO THE NIGERIA OF OUR DREAMS

Given the opportunity as one of the speakers to speak at this auspicious occasion, permit me to be part of the people proffering workable solutions in line with the dictates of our callings to always provide solutions to legal issues as can be seen infra.

There is no doubt that the Constitution of the Federal Republic of Nigeria 1999 (as amended) (CFRN) makes bold statements as to the system of governance the Nigerian State is to practise. The system professed without a doubt is Federalism . Federalism connotes a system of governance built on the strengths of a nation’s federating units. However, the provisions of the CFRN make the practicability of federalism a herculean task or even an impossible feat. I firmly believe curing some of these provisions might just be the flame that spark-kindles and sets ablaze Nigeria’s prosperity to create a Nigeria we all love and enjoy living in. In the quest to realizing a Nigeria of our dream, the practicability of federalism I believe, is the linchpin.

The not so fulfilling provisions of the CFRN especially regarding the practice of federalism, now popularly described in Nigeria as “true federalism” has continued to generate agitations for the review and further review of the CFRN. Some even advocate for a complete repeal of the CFRN. This outcry has found the umbrella name of ‘restructuring’. Though there is no consensus on the particular issues to be restructured, there seems to be a general agreement that the Nigeria structure of governance should be reviewed, and at its epicenter, the CFRN.

I share this sentiment and honestly believe that a successful review of the CFRN to alter the governance structures and reflect true federalism coupled with religious implementation of the altered structures, will set the foundation for a Nigeria of our dreams; a Nigeria whose dream can be echoed with belief and hope from the rainforest of the South to the windy desert of the North by all Nigerians. To this end, below are some of the key areas I sincerely believe the CFRN should be amended to reflect the structure that can birth a Nigeria of our dreams:-

1. The Preamble of the CFRN

The preamble is often the first content any reader of a statute comes across. It sets the tone and shapes the mind of the reader on his/her expectation of all the provisions contained in the statute. The Preamble of the CFRN houses the mission and vision of the Constitution. As such, it plays a pivotal role in defining to the mind of everyone reading it and the aspirations of Nigeria as a country. Unfortunately, the Preamble to the CFRN rather than narrate the dreams of Nigerians for us as a nation, breaths an air that lends affinal to the military regime. Notwithstanding that the Preamble is merely cosmetic and that the CFRN was handed down by the military regime, I believe that having had some years of civil rule coupled with the consistent progress of altering the Constitution to suit the new reality, it is desirable to alter the Preamble to reflect the dreams of the Nigerian people.

2. Local Government Administration and Autonomy

The current structure for the administration of the local governments under the CFRN sits on the fence between the federal system – which the Constitution was intended to profess – and the unitary system of governance. At best, the local government system has remained an idea in search of relevance. The local government administration system still breaths an air of the centralization model introduced under military rule and thus, betraying the ideals of federalism which we profess to practise under the CFRN. The ultimate goal for the creation of the local government administration system under the CFRN was to bring the government closer to the people at the grassroots. It was also to accelerate development and enable the local population to participate and hold those in power accountable for their governance roles. Unfortunately, the current provisions for local government as the third tier of government under the CFRN have failed to establish a viable structure to attain the aforementioned goals.

Section 7 (1) of the CFRN provides that “The system of local government by democratically elected local government councils is under this constitution guaranteed; and accordingly, the government of every state shall, subject to section 8 of this constitution, ensure their existence under a law which provides for the establishment, structure, composition, finance and functions of such councils.” The constitution assumes that the law and framework regulating the local government administration would be made by the State Houses of Assembly. Hence, the constitutional legal framework does not see or recognize the local government as the third tier of government, but merely as an appendage of the state government where the states enjoy absolute discretion over the local governments’ operations. This does not reflect the ideals of federalism.

Furthermore, the introduction of the State Joint Local Government Account (SJLGA) provided for under Section 162(6) of the CFRN has thwarted in essence the financial structure of the local governments. This provision ensures that all finances of local governments are appropriated by the State at its pleasure. This is so despite the provisions of section 162(3) which captures a disbursement of the amount of credit in the Federation Account to the Federal, State and Local Governments respectively.

The above queries show how the provision of section 2(2) of the CFRN is undermined by provisions within the same Constitution. I believe that in making progress, the Local Government should be unambiguously established under the CFRN as an autonomous unit of government with its administrative structure and functions as in Chapter V, Parts I and II for the Federal and State Governments respectively. The above provision should override the pretence expressed in section 7 of the CFRN. Also, the SJLGA regime should be jettisoned from the CFRN and replaced by a new regime of fiscal federalism where Local Governments will access their funds directly and be accountable for all that is allotted to them.

3. Federal Structure and Power Devolution
It has been said that the centralized nature of powers of government under the Nigerian federal system is the major bulwark standing against equal and progressive development of states and local government areas. It also stands against the effective exploration of the resources in Nigeria for development purposes. I believe that the need to devolve some of the powers vested at the centre will also serve the interest of the government in providing Nigerians with the opportunity to succeed.

I believe that to have a viable federation with the effective exploration of resources for development and bring dividends of governance closer to the people, certain items must be moved from the exclusive legislative list to the concurrent list. Furthermore, a list of items to be undertaken solely by the local government should be introduced by the Constitution to be called the ‘residual list’. This will mean that the general legislative limitation for the Local Government provided in Section 4(7)(a) of the CFRN should be deleted.

To be more specific, I propose that items 28 on fingerprints, identification and criminal records and 46 on posts, telegraphs and telephones should be moved to the concurrent legislative list as well as the residual legislative list. Furthermore, items 33 on insurance, 43 on patents, trademarks, industrial designs & merchandise marks, 45 on policing & other security services, 48 on prisons, 54 on quarantine, 55 on railways, 58 on stamp duty and 39 on mines, minerals including oil fields, oil mining, geological survey and natural gas, should be moved from the exclusive legislative list to the concurrent legislative list.

4. Nigerian Police and Nigerian Security ArchitectureSection 214 of the CFRN provides for the establishment of the Police Force for the federation. This section displays a system whereby the police is under the management and control of the Federal Government at the expense of the federating units – the State Government. However, this arrangement has so far not favoured the country. The Police have been faced with an avalanche of problems, these issues include the accountability of the Police Force, and the high surge of crimes in different states of the country. The inability of the Police under exclusive Federal control to curb them poses a huge flaw to the federal arrangement. I believe that when policing is closer to the society of its jurisdiction, it enables the police to easily detect and uproot crimes. Where there is a common language known and understood by the police, there would be a free flow of communication and understanding between the police and the people. I believe that the creation of State Police will provide appreciable solutions to the current security challenges and enhance the effectiveness of the police in ending criminality in the country.

Effective security is a pivotal component of the Nigeria of our dreams. I believe every Nigerian agrees with me on this point.
To this end, I will be proposing the moving of item 28 on fingerprints, identification and criminal records, item 45 on police and other government security services and item 48 on prisons from the exclusive legislative list to the concurrent legislative list to allow states to fashion out their respective internal security architecture. This will enable genuine, beneficial and effective collaborations between police forces of each state to the other and the federal police. I believe this reform is long overdue. Each chief security officer of the state should appoint its head, or in the alternative, each state should be given the constitutional leeway to determine how such issues should be handled.

Nigeria must not only profess federalism but be seen to practise its tenets as well. I believe that our resolve to practise ‘true federalism’ will unlock our potentials and make this country a land where Nigeria of our dream can be realised.

5. Fiscal Federalism and Revenue Allocation
In Nigeria today, the resources of the country belong to the federal government, and the fund to be generated is kept in the federation account and is shared monthly among the three tiers of government: the federal, state and local government. This is a misnomer. Federating units are supposed to tap their resources to generate revenue and pay an agreed percentage as tax to the centre or the federal government. This makes the states to be inferior and subservient to the centre. Many activists have been agitating for true federalism to enable the states to control their resources. As observed by Professor Ohwona, there is nothing like true federalism. Either it is Federalism or Unitary. Concentrating the wealth of the country at the centre is an outstanding feature of a Unitary Government. Why is it that some sections of Nigeria are agitating for fiscal federalism in a country that claims to be a federation? The principles of federalism should affect everything. For example, in the US, the federating units manage their resources and pay taxes to the central government. There has never been such agitation. Under the regional government in the first republic, Nigeria made remarkable progress with the three and later four regions using the resources at their disposal to make life meaningful for their citizens.

As highlighted earlier, fiscal federalism must not be a lip service by the CFRN. Revenue allocation must reflect the tenets of fiscal federalism. Every federating unit must understand what resources are within their grasp that can create wealth for them and be allowed to explore it subject to remitting taxes. Access to the exploration of natural resources must be open and decentralized as much as possible, if there is a desire to have a Nigeria we all can declare it as one of our dreams.

6. Residency and Indigene Debate
Indigeneship has become one of the most contested subjects in the country, given its implications for political and economic opportunities. In Nigeria, a person has to be ‘indigene’ to access certain economic and political opportunities at the federal as well as state and local government levels. However, what makes a person indigenous is not formally defined in the CFRN.

The CFRN recognizes indigeneship in some sections. Section 147(1,2 &3) in providing for the appointment of Minister of the Federal Government recognizes the principle of Federal Character under section 14(3). Similarly, section 171 (5) of the CFRN makes it mandatory that the President shall comply with the federal character principle in the appointment of other key public officers of the Government of the Federation including the ambassadors, high commissioners and permanent secretaries or heads of any extra-ministerial departments of the government of the federation.

Despite the indigeneship principle, political and economic imbalances still exist amongst the various states or ethnic groups that make up Nigeria and this is as a result of its implementation. The inclusion of the federal character principle in Chapter II Constitution which is ordinarily non-justiciable hinders its smooth implementation and enforcement because it deprives citizens of the locus to approach the court to enforce the principle of federal character. This incites the Government to disregard the principle of federal character in the composition of the Government of the Federation and its agencies.

To flourish as a nation, Nigeria must decide whether to stick with the federal character provisions of the CFRN or jettison the idea completely. If the practice is maintained, then failure to adhere to it must be made justiciable with monumental consequences, otherwise, the provision should be done away with.

Let us have a Christian from Calabar who grew up in Sokoto and govern the State as a Nigerian, and likewise, a Kanuri Muslim who grew in Port Harcourt should enjoy the same privilege. This is by no means an easy path, but the path is a must if Nigeria desires the type of progress that makes it resonate as the dreams of its people. We can do this by providing for residency for a period of say five or ten years.

7. Irreconcilable Provisions in the Constitution
Section 315(5)(d) of the Constitution made the Land Use Act of 1978 a part of the Constitution. Section 2 of the Land Use Act provides thus:

2. (1) As from the commencement of this Act-
(a) all land in urban areas shall be under the control and management of the Governor of each State; and

(b) all other land shall, subject to this Act, be under the control and management of the Local Government within the area of jurisdiction of which the land is situated.

Despite this provision, section 44(3) of the Constitution provides that the entire property in and control of all minerals, mineral oils and natural gas in under or upon any land in Nigeria or in, under or upon the territorial waters and the Exclusive Economic Zone of Nigeria shall vest in the Government of the Federation and shall be managed in such manner as may be prescribed by the National Assembly. This is reinforced by Item 39 in the Exclusive Legislative List. A true federal structure requires that Item 39 should be moved to the Concurrent List and section 44(3) amended.

Another irreconcilable difference – Items 27-29 in the Concurrent Legislative List. The Items give powers to the National and State Assemblies to establish institutions for the purpose of university, technological or professional education. Yet the Federal Government established the Joint Admissions and Matriculation Board to regulate admissions into tertiary institutions and the National Universities Commission to regulate these institutions. In consequence, we need to re-visit section 4(5) of the Constitution that provides that if any law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other law shall, to the extent of the inconsistency, be void. Why should the federal law prevail over matters in the Concurrent List where the State Assemblies can validly make laws? In other words, we should re-visit the ‘doctrine of covering the field’. This doctrine is inconsistent with the federal principle. States should be allowed to establish and regulate tertiary education in their States. States should be allowed to develop at their own pace.

CONCLUDING REMARKS
As I conclude, it is not lost on me that there has been many lofty written and spoken recommendations in the past, some have even gone ahead to develop a national dream for Nigeria, however, we as a nation seemed to have stepped on chameleon feaces, hence stagnant. No doubt, a dream is important so is the path to its realization. I believe that the growing awareness of this discussion in Nigeria is gradually bringing us to a point of unison, where we all can together re-design a Nigeria of our dreams.

As the process for alteration of the CFRN is ongoing, we must continue to speak to our elected representatives at the National Assembly to critically consider, for the sake of national cohesion, integration and prosperity of the country, various workable proposals already submitted in the course of public hearing recently conducted. The era of standing aloof watching our legislators to do as it pleased them is over, now it is time to get involved. Edmund Burke once emphasized thus,

“When bad men combine, the good must associate; else they will fall one by one, an unpitied sacrifice in a contemptible struggle.”

I am here today, reiterating this statement and encouraging everyone of us to get involved. Do not be a spectator, onlooker or bystander, be an active participant so that this process will not be another jamboree but one that brings workable solutions at addressing some of the challenges facing us as a country – please ensure you count and you are counted. We must dust the files now.

Agitations on this discussion were the basis of the 1994/1995 Constitutional Conference, the National Political Reform Conference convened by former President Olusegun Obasanjo in 2005 and the National Conference convened by President Goodluck Jonathan in 2014. These conferences made laudable recommendations that can come to aid in our attempt at re-designing the Nigeria of our dreams.

MY POETIC DREAM FOR NIGERIA
Before I take my seat, please permit to share my poetic dream for Nigeria with you:

I dream of a country that rewards hard work and excellence, irrespective of a person’s social status, cultural belief, faith, tongue, gender chauvinism and circumstances of birth;

I dream of a Nigeria with purposeful, visionary and exemplary leadership which extols national interests above individual and sectional interests;

I dream of a day Nigerians will have leaders that are unifying figures and who command moral authority;

I dream of a Nigeria with free, fair, transparent and credible national elections;

I dream of a Nigeria where humanity is our race, our language is one and indigenship is true to all citizens regardless of residency in any State. I dream of a Nigeria where unity binds all peoples both at home and in diaspora.

I dream of a Nigeria where a nobody can become somebody and a somebody is treated as equal with someone regarded as a nobody in the eyes of the law – where the rule of law is worshipped and the sacredness of justice is not corrupted. I dream of a Nigeria where equity, fairness, transparency and justice thrive above all intents and aspirations of persons.

I dream of a Nigeria inspiring the African continent and the black race to her pride of place in the world;

I dream of a Nigeria where the legal profession and the Bar play a pivotal role in nation-building since we are the primus inter pares.

I dream, I dream and I dream of a better Nigeria where everyone mutually co-exists and lives peacefully with a wide range opportunity to thrive and succeed in any lawful profession, trade or vocation anywhere he or she resides. I dream of a brighter future for our Children and children’s children. I pray that all Nigerians work to make these dreams come to pass in the not too distant future.

Thank you for your attention.

REFERENCES
1. Constitution of the Federal Republic of Nigeria, 1999 (as amended).
2. Proposal for Further Alteration of the 1999 Constitution of the Federal Republic of Nigeria (as amended) by J-K Gadzama LLP, 2021.
3. Mark Abrahams, PhD, LMHC, National Board Certified Fellow in Clinical Hypnotherapy – https://www.quora.com/What-is-the-difference-between-dreaming-and-day-dreaming
4. Sir James Porter’s publications on the Religion, Law, Government, and Manners of the Turks, 1768.
5. Epic of America by James Truslow Adams, 1931.
6. Tess of the d’Urbervilles by Thomas Hardy, 1891.
7. Animal Farm by George Orwell, 1945.
8. Think and Grow Rich by Napoleon Hill, 1937.
9. https://www.britannica.com/topic/federalism

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MARIJUANA: RETHINKING THE ‘WAR ON DRUGS’ IN NIGERIA

By Kayode Ajulo, PhD

In the recent times, there have been calls from different quarters on the need to legalize the use of Marijuana in Nigeria. This legal opinion considers the mischief behind the laws proscribing the production, possession, sale and use of Marijuana and thereafter considers the benefits of legalizing Marijuana in Nigeria.

Classified as an illicit drug in many countries, marijuana is outlawed by many governments. In Nigeria, it is often referred to as ‘Indian hemp’, in the country, Cannabis Sativa, which has enjoyed use as fibre, seed and seed oils, medicinal purposes, and as a recreational drug traces its origin to Central and South Asia. The drug also has many other aliases igbo, dope, ganja, sensi, kuma, morocco, eja, kpoli, weed, trees, etc. Though usually smoked, the plant can be soaked in alcoholic drinks dubbed ‘monkey-tail’, and consumed mostly in the south-south parts of the country. Some people cook food with it, some boil it to drink as tea, while others just chew the plant and seeds.

Physiologically, cannabis causes euphoria, relaxes the muscles and increases appetite. On the downside, the drug can impair motor skills, cause anxiety and paranoia and decrease short-term memory.

Deemed an illicit drug by the law, it had always been an offence in Nigeria to smoke marijuana, and it has largely been frowned upon by society. However, paradoxically, despite increased hounding of growers, sellers, and users, marijuana appears to be consumed in ever greater quantities.

The Agency saddled with the enforcement of drug laws in Nigeria is the National Drug Law Enforcement Agency (NDLEA). The Agency has the job of curtailing the consumption of drugs in Nigeria. The general powers of the Agency is contained in section 3 of the NDLEA Act.

Under the NDLEA Act, which came about by the promulgation of Decree Number 48 of 1989, the possession or smoking of cannabis, or even allowing one’s premises to be used for dealing in cannabis, can result in a prison sentence from 15 years to life. Its precursor, the Indian Hemp Act, was even harsher, carrying a maximum sentence of death.

Statistics show that cultivation to transportation and to sales, the marijuana industry connects different cities throughout Nigeria. At many outdoor markets and public motor garages, it is not strange to see marijuana smokers puffing away.

The 2011 United Nations Office on Drugs and Crime (UNODC) World Drug Report stated that cannabis use was prevalent among 14.3 per cent of 15 to 64 year olds in Nigeria. The same report in 2014 revealed that Nigeria had made the highest number of cannabis seizures of any African country. Following this report, the NDLEA launched a programme dubbed ‘Operation Weed Eaters’ that aimed to rid the country of cannabis.

While marijuana can be grown in all parts of the country, according to the NDLEA, the states that are notorious for cultivating the plant are Ondo, Ogun, Osun, Oyo, Ekiti, Edo and Delta. In September, the NDLEA destroyed cannabis farms in Ute and Ose local government areas in Ondo State and arrested 30 suspects, seizing 31 kilograms of dried weed suspected to be marijuana in the Suleja area. Between January and June 2014, NDLEA arrested 4,511 suspected drug traffickers and seized 47,423 kilograms of drugs. Of that number, cannabis accounted for 45,875 kilograms. Though these seizure figures are high, large quantities of marijuana still find their way to the market baffling the law enforcement system.

Legalizing Marijuana in Nigeria
While it is important to note that many countries including Nigeria have enacted harsh laws against the cultivation, possession or sale of cannabis. In fact, dealing or using marijuana in countries such as Singapore, China, Malaysia, United Arab Emirates, and Saudi Arabia could land one from four years in jail to public beheadings.

But in recent years, some nations have adopted a different strategy of decriminalizing marijuana usage as a way of combating it. These societies have also often reduced the penalties for possession of small quantities of cannabis, so that it is punished by confiscation or a fine rather than by imprisonment. The idea has been to focus more resources on those who traffic the drug.

Uruguay made history by becoming the first country to legalise cultivation, trade and usage of marijuana in December 2013. In countries as varied as the Netherlands, Germany, Mexico, Peru, and Canada, the emphasis has shifted towards the decriminalization of marijuana. Jamaica, a country where marijuana smoking has long been popular, is set to decriminalize it too.

In 2018, Thailand’s military government unanimously approved medical marijuana use, which would make it the first country to legalize cannabis use in any form in Southeast Asia.

There are several laws in Nigeria which prohibit cultivating, possessing and using Marijuana.

Section of 11 of the NDLEA Act provides that:

Any person who, without lawful authority-
(a) imports, manufactures, produces, processes, plants or grows the drugs popularly known as cocaine, LSD, heroine or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life; or

(b) exports, transports or otherwise traffics in the drugs popularly known as cocaine, LSD, heroine or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life;

(c) sells, buys, exposes or offers for sale or otherwise deals in or with the drugs popularly known as cocaine, LSD, heroine or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life; or

(d) knowingly possesses or uses the drugs popularly known as cocaine, LSD, heroine or any other similar drugs by smoking, inhaling or injecting the said drugs shall be guilty of an offence and liable on conviction to imprisonment for a term not less than fifteen years but not exceeding 25 years.

See also Okewu v FRN (2012) LPELR-7834(SC); Nwadiem v. FRN (2018) LPELR-9845 (CA)

Similarly, section 7 of the Indian Hemp Act prohibits the use of Indian hemp.

From the above provisions, the law proscribes the illegal cultivation, use, sell and possession of Narcotics. The poser from the above is “whether there could be instances of legal cultivation, use, sell and possession of Narcotics?”

A careful perusal of the National Drug Law Enforcement Agency Act will reveal that there was no mention of legal use of Narcotics. What could appear to seem as a provision for legal use is provided for under section 3 of the NDLEA Act. The section provides that:
(1) Subject to this Act and in addition to any other functions expressly conferred on it by other provisions of this Act, the Agency shall have responsibility for-…

(h) the facilitation of rapid exchange of scientific and technical information and the conduct of research geared towards eradication of illicit use of narcotic drugs and psychotropic substances;

It is on the heels of this provision that the NDLEA had given a letter of “No Objection” to Medis Oil Company Limited and two others to import seeds of industrial cannabis for research purposes.

Similarly, Under Article 3 paragraph 5 of the 1961 Single Convention on Narcotic Drugs to which Nigeria is signatory to, it is envisaged that as a result of research, a drug may be deleted from schedule IV of the 1961 Single Convention if researches reveal its therapeutic advantages. At the risk of repetition but for the sake of emphasis the Paragraph provides:

A Party shall, if in its opinion the prevailing conditions in its country render it the most appropriate means of protecting the public health and welfare, prohibit the production, manufacture, export and import of, trade in, possession or use of any such drug except for amounts which may be necessary for medical and scientific research only, including clinical trials therewith to be conducted under or subject to the direct supervision and control of the party.

A careful reading of the 1961 Single Convention on Narcotic Drugs reveal that Narcotics may be used by signatory states for research and medical purposes. Cannabis plant or its resin or extract with THC content lower than 1% is considered as CBD (medical) cannabis and not psychoactive.

Economic benefits of Marijuana: Thailand as Case Study

Despite the facts that the mischief which several stringent laws against Narcotics seek to prevent is the harm they do to human health, recent medical studies have also indicated that marijuana can also be beneficial to health.

Thailand’s military government unanimously approved medical marijuana use, which would make it the first country to legalize cannabis use in any form in Southeast Asia.

It is apropos to note that Thailand was once infamous for its harsh penalties on drug users, including the death penalty. Cannabis was also once extensively used in Thailand for medicinal purposes as well as clothing, where fibers from both marijuana and hemp plants were used in creating fabrics. Thailand’s cannabis is one of the country’s largest exports.

Globally, the medicinal cannabis industry is projected to be worth $55.8 billion dollars by 2025. Considering the High rate of employment in Nigeria, legalizing Marijuana will provide job opportunities for many Nigerian youths.

Health Benefits of Cannabis
One of the first big medical issue that cannabis was shown to effectively treat is Glaucoma. Ingesting cannabis helps lower the pressure in the eyeball, giving patients at least temporary relief. It can improve lung health. Some conditions like lung cancer and Emphysema have been shown to regress when cannabis is thrown to the mix.

Cannabis can also offer serious relief for arthritis, especially when using quality cannabis creams and balms. It’s helpful for those with post-traumatic stress disorders (PTSD). It could help regulate metabolism: as it helps your body process and deal with food and obesity, it also helps maintain and regulate metabolism.

It also helps people with AIDS/HIV in the sense that cannabis helps those living with it cope by helping them maintain their diets and handle associated pains and aches. It proved effective for treating nausea: chemical compounds in cannabis react with brain receptors to regulate feelings of nausea. Cannabis could potentially treat headache naturally and won’t chew through your stomach lining or take its toll on ones body.

It has also been found to be at least somewhat effective in the treatment of a handful of sexually transmitted diseases, including Herpes and Chlamydia. It could help with speech problems: if anyone has an issue with stuttering, cannabis can help in the same way that it helps calm spasms and twitches. It can improve skin conditions and treat skin conditions like eczema vide cannabis topical.

Recreational Benefits of Marijuana

Apart from the argument for the legalization of cannabis for medical and medicinal purposes, there is the argument that its possession and use for recreational purposes should be decriminalized. As would be seen, some countries have passed legislation that decriminalizes possession up to certain amounts and allows recreational use and cultivation up to certain amounts too.

Notwithstanding, there remain ethical questions to its widespread use. At the core of this ethical debate is the question: Is it morally wrong to be high? I am certain that we will agree that we might not have a winner in that debate. If we are to go by the fact that it impairs cognitive abilities, then it might be morally wrong to ingest anything that impairs our sense of judgment in any way.

Conclusion
Taking clue from the Utilitarian theory that “actions are right in proportion as they tend to promote happiness”, from the facts and benefits highlighted above, there is really a need to legalize the use of Marijuana in the country.

It is succinct to point out that war on drugs is often far costlier than the drugs themselves. Thus if the money pumped against the use of drugs could be redirected in cultivating Marijuana for economic use, there will be a great boast in the economy of the Country.

Finally, one of the greatest problems in policing the illegal use of cannabis is the enforcement of the laws governing its illegality. This in itself has been one of the big drivers for the calls for its legalization across many countries of the world. Most of the proponents of the legalization of its use for both medical and recreational purposes have stated that its criminalization has not stopped its increasingly widespread use but instead, has helped deny people of its ‘wonder working powers’, as a drug, especially in treating chronic pain as earlier mentioned.

Having considered the benefits accruable to the production, sale and use of Marijuana, it is hereby recommended that the National Assembly should be lobbied to amend the provisions of the NDLEA Act and other relevant laws in order to make room for the legal production, manufacturing, sale and use of Marijuana in Nigeria which in turn boast the economy of the Nation as a whole.

The National Drug Law Enforcement Agency should also enforce the provisions of 1961 Single Convention on Narcotic Drugs and allow the use of Marijuana for medicinal purposes.

Please email citylawyermag@gmail.com

Copyright 2019 CITY LAWYER. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.