JOURNALISTS' BRUSHES WITH NIGERIAN JUDGES By Emmanuel Onwubiko

The practitioners of the pen profession or media workers in Nigeria are usually addressed in the fanciful title of members of the fourth Estate of the Realm to depict the symbolic essence of the functions of the workers in the media houses of both electronic and print who gather and disseminate factual stories objectively in compliance with the time tested ethical code of balance, truth and the realization by the practitioners that NEWS is sacred but personal opinion of writers are free.  Journalists occupy the position of those who watches over the members of the other three estate of the realm namely the executive, judiciary and the legislature. Because of this legendary supervisory power of the media the practitioners were called the WATCH DOGS of the society because like the good vigilant DOG, the journalists are expected to be vigilant and actively awake to their sacred duty of reporting accurate and truthful information that will inform, educate and entertain the citizens.

With the coming to being of the 1999 Constitution and the emergence of the democratic dispensation, the media workers have occupied a very strategic position in the hierarchy of those professionals that are expected to meaningfully monitor the activities of the actors in the political and economic fields essentially and report their factual findings to the reading public made up principally by the citizenry who are the true owners of the Sovereignty of Nigeria from where those in position of political power and authority derive their legitimacy and mandate to govern the polity in compliance with extant provisions of the law. The framers of the constitution of 1999 were well aware of the key role the media workers play in preserving the integrity of the nation's sovereignty so much so that the media was singled out for specific mention in the supreme body of law and told primarily in section 22 to act as the nation's conscience and the real vanguards of the nation that should monitor and ensure that those in position of authority in the polity serve the public interest and public good in strict compliance with the tenets, letters and spirit of the constitution and other validly passed laws and statutes in the Federal Republic of Nigeria.

Opinions are unanimous that the media in Nigeria has to a large extent continued to discharge this onerous constitutional task enshrined in the constitution and media owners, media managers and media workers are constantly put on their toes by the general public and constantly reminded of their sacred duty to the people of Nigeria even as those members of the media that detract or deviate from the fundamental ethics that govern the practice of the media profession are dragged before the relevant organs and ombudsmen or rather institutions set up to provide remedial redress for acts of omission or commission that offends the ethics of the media profession in Nigeria and media laws in Nigeria are so explicit in that journalists who willfully violate the sacred code of conduct and the media ethics by 'wounding' or offending the public standing of any individual member of the society without sufficient factual evidence are brought before the competent courts of law to face judicial proceedings that border on libel or slander. Individuals who have in the recent recorded history especially in the contemporary times in Nigeria felt that their good names and image have been tainted or damaged irretrievably by certain publications they viewed as untrue or outright falsehood have had to file and proceeded with judicial cases against journalists and media managers that are so indicted and in most of the cases, the judiciary have turned in decisions either in favor or against the plaintiffs or the accused.

There are several decided cases on matters of libel and other alleged violations of media laws that are in operation in Nigeria but this is not the focus of this piece and so we will not delve into citing those authorities from the decided cases that have had to be taken to the highest court in Nigeria which is the Supreme Court of Nigeria.The late legal expert Chief Gani Fawehinmi[SAN] did a very excellent work by documenting detailed evidence of some of these landmark media related cases that stretched upto the Supreme Court of Nigeria in the past five decades or so.

We are very much concerned about an ugly development that has gradually gained currency so much so that most of these alleged violators of the rights of journalists to practice their profession [Not 'trade' because journalists are not traders] are becoming even more daring and brazen by the day may be because no violator of the fundamental rights of journalists to practice their profession has been punished in line with due process. This is because either the media house where these journalists work do not pursue these disturbing matters to their logical conclusion or that journalists who are brutalized in the line of their duty often become too soft to institute cases in the law court and are therefore quick to accept apologies from these Shylock violators of their rights which may account for the hardening of the dimensions of violations that journalists and other media workers suffer daily. The Federal Government recently chased out journalists from their vantage position at the Murtallah Mohammed  International Airport Ikeja because those Aviation reporters have in the recent times reported certain stories and photographs that were considered offensive including the photograph of a top monarch in the South West who was caught jumping into the publicly funded Presidential jet belonging to the Presidential fleets that ought to be used for strictly official functions by the President and his Vice. The Federal Government officials are adept at violating the rights of journalists to practice their profession. This is already a notorious fact that has been in the public domain for ages.

This writer is even more disturbed that the violators of these fundamental human rights of journalists to practice their profession in compliance with international best practices are even members of the legal profession [inner bar] that ought to be the lead change agents and defenders of the rights of the Nigerian citizens to be properly informed with quality, sound, objective and truthful information, education and are appropriately entertained in the best ways possible by the media workers.  Nigerian Judges and members of the Magistracy who ought to be the champions of the cause of justice by the virtue of the fact that they are metaphorically called the ministers in the Temple of Justice have turned their judicial 'might' against certain journalists that are detailed to cover proceedings in the law courts that are scattered all across Nigeria. In Abuja for instance, in most of the superior courts, politically charged and controversial cases usually come up and journalists are detailed to follow up on all of these matters so that the Nigerian people can be properly and competently informed of the outcomes of these matters that essentially impacts on their economic, political, religious or cultural rights as citizens of the sovereign entity of Nigeria. Some Journalists in the nation's capital have suffered spectacular psychological trauma and physical brutality from some of these judges who sometimes resort to the use of self help to seek to stop journalists from following up on some of these sensitive cases especially in matters that members of the public are suspicious that there could be possibility of insider collusion and compromise to undermine the rule of law and therefore jeopardize public interest.

About a year ago, a journalist with The Guardian Newspaper in the nation's capital Mr. Lemmy Ughegbe who covers the court rooms was harassed serially by a Magistrate who sought to stop journalist from covering and reporting a corruption related trial of a certain high profile accused person suspected to have committed horrendous financial indiscretion as a functionary of Government. It took the intervention of some very senior members of the bar for this magistrate to hearken to the voice of reason and wise counsel by releasing this journalist from the false 'imprisonment' within the court room that she imposed for the alleged disobedience of the journalist to vacate the court room during the pendency of the hearing of that particular matter. At the National Industrial Court the other day, the presiding judge summarily subpoenaed the judiciary reporter of the Daily Sun Newspaper in Abuja Mr. Godwin Tsa for allegedly writing an 'offending' story from a press statement that described as 'black market injunction', the injunction obtained by the Federal Government to undermine the determination of the Nigerian public to proceed on street protest against the removal of the subsidy on the pump prices of premium motor spirit [fuel]. In this instance, it also took the intervention of some very senior members of the bar from halting the resolve of the presiding judge at the National Industrial Court from sending the journalist to jail for practicing his profession. 

The mother of all abuses of the fundamental human rights of journalists to go about their profession and write quality stories for the purposes of preserving democracy and the Rule of Law happened in Lagos when a magistrate Mrs. Aderonke Oshiniyi ordered a detachment of well armed police operatives from the notorious Area 'F' in Ikeja Lagos to arrest and detain thirteen journalists working for thirteen different respectable media houses. The journalists were brutalized, physically harassed and forced into the rickety van of the police operatives and driven to the detention facility of the police in Ikeja and were only released several hours after when some very senior lawyers and leaders of the Nigerian Bar Association intervened. The magistrate sought to prevent the thirteen journalists from carrying out their constitutional duty and unfortunately the police is ever so willing to participate in any process that offer them the opportunity to 'deal' decisively with journalists because members of the Nigerian Police Force know that the Nigerian media is alive to their responsibility and are ever so willing to expose the malfeasance noticeable in the Nigeria Police Force. The Nigeria Police of today view most journalists as 'enemy combatants' that should be taught rough lessons on how not to report every dirty thing the reporters see in the Nigerian Police Force. In this Ikeja, Lagos case of violations of the human rights of the thirteen journalists by the magistrate, the umbrella body representing the interest of the media workers, the Nigeria Union of Journalists has announced that it has instructed her legal team to institute one hundred million Naira suit against the alleged violators including the office f the Inspector General of Police. This is noteworthy.

But again these sad stories of frequent abuses of the human rights of journalists to practice their profession is an eye opener that should make the journalists to ask probing question why some judges hate them and to proceed to fairly investigate the alleged cases of corruption that some of the judges in Nigeria have committed and are still in the process of committing so that the litigants who are at the receiving end of the corrupt and inept justice system that has almost collapsed under the heavy weight of corruption can be rescued. But in doing so, journalists must respect their sacred code of conduct and ethics. I am of the opinion that only corrupt judges who hate openness will misuse their power as judicial officers to stop journalists from gaining access to report cases going on in their court rooms. Only the guilty are afraid.

In her well researched book titled 'The Journalists Wife', Mrs. Ochuko Blessing Ohu, the wife of the assassinated news editor of The Guardian newspaper [Mr. Bayo Ohu] wrote that the history of the hatred of journalists goes back to the colonial times when the then oppressors felt that the fathers of modern day practice of journalism such as Nnamdi Azikiwe, Herbert Macauley, Chief. Ajuluchukwu, and media owners like Chief Obafemi Awolowo were the major pivots of the anti-colonial movement and were at the fore front of those that succeeded in gaining independence for Nigeria in 1960.


* Emmanuel Onwubiko head, HUMAN RIGHTS WRITERS' ASSOCIATION OF NIGERIA writes from www.huriwa.blogspot.com.

13/4/2012
  

NIGERIAN CHILD: SITUATION IS CRITICAL By Emmanuel Onwubiko

Two recent events of significance paint graphic picture of the critical situation that contemporary Nigerian children face on daily basis. The first of the two events is catastrophic and has already occurred while the second could be categorized as an attempt by the political authority to try to find workable solution to the disturbing statistical evidence that over 20 million Nigerian children are out of school due largely to poverty afflicting their parents.

Firstly, in the first week of April 2012, a bus conveying to school the pupils of the Divine Wisdom Nursery and primary school in Ibadan, Oyo State, caught fire while in motion even as over six children were killed in the inferno and fifteen others who were trapped in the fire were successfully rescued but with varying degrees of injuries. From medical report cited by reporters of various national dailies, eight of the pupils were diagnosed to have suffered shock as a result of the fire incident speculated to have been triggered by electrical fault in the ill-fated school bus.

This Ibadan bus fire incident took a dramatic stage when 13 of the pupils who survived the accident were rushed to the university of Ibadan college hospital because of the severity of the burns and they were said to have been placed on oxygen but other vital medical equipment that are essentially needed to treat these children were totally absent in this Federal government owned medical facilities.

Underscoring the historic absurdity witnessed in this derelict and dysfunctional Federal Government run hospital of tertiary level supposedly,  the Oyo State governor Abiola Ajimobi had to urgently release N6 million to the hospital officials to rush to Lagos to procure the needed facilities in an attempt to save the lives of the injured children.

Media report has it that soon after the children were rushed to the badly equipped University college Hospital in Ibadan run by the federal government of Nigeria, the state governor who rushed to the hospital and noticed the deplorable state of facilities, ordered his security officials to escort the hospital staff with the sum of N6 million to procure the most essential medical equipment from Lagos for the treatment of these children.

On arrival at the university college Hospital, the Oyo state Chief executive was briefed by the chairman, Medical Advisory Committee, Dr. Biodun Otegbayo who confirmed the critical medical situation of the children, but was quick to confirm that the hospital lacks some of the basic tools needed to attend to this type of medical emergency. Aside ordering the equipment, the Oyo state Governor said the medical bills of these admitted injured children for treatment would be settled by the state government.

The unfortunate hospital scenario reported above is replicated in virtually all parts of the country whereby the primary Health care system seems to have collapsed thereby resulting in the unfortunate and untimely deaths of scores of children from even seemingly treatable diseases like malaria and Pneumonia.

But should government officials at local, state and Federal government levels wait for such medical emergencies to happen before they embark on media and politically-motivated charitable assistance as was seen in the Ibadan school bus fire incident?

The second event which is scheduled to take place on Tuesday 10th April 2012 in Sokoto state is the official commissioning by President Goodluck Jonathan of the Model 'Almajiri' school which is proposed to remove hundreds of thousands of homeless children from the streets of Northern Nigeria and offer them formal, organized educational life line and to try to transform them into law abiding, patriotic Nigerians when they become adults.

It is yet to be seen how this new approach by government could go in removing children from the streets of Northern Nigeria and even Abuja. These vulnerable children are left to wander around by their parents to fend for themselves.

A greater percentage of persons spoken to about this proposed model 'Almajiri' school system say it may not work except the necessary structures are put in place and workable measures put in place to check corruption and economic crime by the managers of the new school system because a bad precedent was set when the Nomadic Educational System was set up by the Federal government few years back but this effort did not make much impacts because of ineptitude, corruption and crass opportunism which characterized the hierarchy of this ill-fated school system that was originally designed to educate the Fulani herdsmen and their family members to transform them into educated members of the Nigerian society.

I am of the considered opinion that because the Nomadic Educational infrastructure were left to rot due to official incompetence and corruption, the targeted beneficiaries have lost the opportunity of the life time and this may account for the frequent clashes between members of farming communities across the country and these Fulani Herdsmen who are often accused of invading farm lands and destroying farm produce.

I am of the opinion that if Nomadic Educational system was effectively implemented, then better and more improved relationship would have been worked out and clashes that have lately become bloody and violent would have been avoided. Both the officials of Federal Ministries of Education and Agriculture ought to have worked in synergy to educate the Fulani Herdsmen on the best methods of grazing and indeed if the Federal government had clearly established grazing reserves across the country.

In view of the increasing existential situation that the Nigerian children face, I had to task Miss. Oladapo Osareme Victoria, a political science undergraduate of one of the public schools to conduct a research on the state of the Nigerian child and her findings were as pathetic as they are horrific making it imperative that one is left with no option but to propose to government and other private sector stakeholders to take urgent steps to establish viable and functional educational and health facilities to care for our Nigerian children and to transform them into better citizens for the greater glory of our fatherland.

In carrying out this intellectual assignment, the 21 year old Miss Oladapo Osareme Victoria who is an active affiliate of my registered civil society organization, also reflected on the symbolism of the International Children and Youth Day usually marked on May 27th every year.                              

Highlights of her findings reveal that the international children’s and Youth Day is no longer a new event as far as Nigeria is concerned. This event is celebrated all over the world on every 27th day of May. Nigeria therefore joins the United Nations Children’s Fund (UNICEF) to honour children, recognize their need and address their challenges.

This singular event, according to her, is meant to unite children all over the nation and put smiles in their faces through organized social events. The pertinent question to ask is how many of these children are privileged to actively involved or participated in the festivities? Too many of them suffer from life vagaries and deprivations such as neglect, poverty, hunger, illiteracy, squalor and sexual molestation and other imposed child labor-related hardships. This is the reason why I think that the contemporary Nigerian Children should be paid 'HARD SHIP ALLOWANCE' rather than pay legislators at the National Assembly who are usually isolated in their air conditioned offices and heavily air conditioned chauffeur driven cars what is dubiously called hardship allowance even when they [legislators] know nothing about hardship.

The Nigeria child in the considered opinion of Miss. Oladapo, is bedeviled by too many problems and what ordinarily should have become a celebration has therefore become a sober reflection on the plight of the Nigerian child, millions of who are not presently in school even though they are of school age, making the level of illiteracy in the country to be all time high.

Nigerian government on paper is said to have tried all effort and means to redress this trend but it appears every attempt at solving this problem is always hitting the rock because in the first instance, officials of government lack the necessary commitment and political will to do the needful so as to transform the present precarious situation of the Nigerian Child and lift them to their better selves.

Miss. Oladapo thinks that the latest in this move by government to redress the educational imbalance of the contemporary Nigerian Children, is the Universal Basic Education (UBE) programme lunched in 1999 by the government of President Olusegun Obasanjo to capture the children of both primary and junior secondary. Again, the implementation of this obviously noble idea has been weighed down heavily by official corruption, incompetence, opportunism, mediocrity and outright heist of financial resources meant for the program thereby scuttling the dream and lofty goals for its conception.

Recalling with nostalgia that the goal of this system is primarily well targeted and laudable in that it is set to make education free and compulsory at these basic levels, Miss Oladapo also recalled that also embedded in this laudable programme is the Home Grown School Feeding and Health Program (HGSFHP) Act 2004, aimed at reducing dropouts and improving nutritional status of children.

Regrettably, in her assessment, so far the above goals and good intention of the Nigeria government have failed to achieve its purpose due to what she simply calls “the Nigerian factor”.

She rightly stated that it seems the Nigerian government and the general public have become collaborative in their insensitivity to the plight of the Nigerian child. The programme aimed at integrating basic education into the Qu’ranic school system seems not workable thereby hordes of children move from one street to the other in some parts of the country begging for alms. Over the years such children have become easy prey for politicians who use them to ferment civil unrest in order to achieve their selfish political interest. Citing findings from other researchers which she shares, She found out to her consternation most local government areas in Nigeria today have no schools or viable programs for the blind or the deaf and dumb.

Her words: “The Nigeria government in collaboration with some foreign NGOs may be making loud noise in their fight at eradicating childhood diseases but the fact remains that infant mortality rate from lack of access to primary healthcare remains high in a country that aspires to be a truly global player by the year 2020”.

But she quickly stated that government alone should not be blamed for the poor state of the Nigerian child because parents ought to and should be active in reducing the plights of the Nigerian child. “The average Nigerian parents of today unfortunately have put the search for wealth above their children’s needs and welfare thus making them susceptible to various forms of social abuse. The high rate of broken homes in some parts of the country has had its negative impacts on the moral upbringing of children. Poor parental examples are another factor that is fast leading children astray”, she averred.

The former United States President Mr. Bill Clinton wrote in his book “Giving: How each of us can change the World,” that those who are financially well endowed owe humanity a duty to lift the millions of disadvantaged children into their better selves.

President Clinton said thus; “The fact that one in four people who die this year will succumb to AIDS, tuberculosis, malaria, or infections related to dirty water casts a pall over all our children’s future”.

 *          Emmanuel Onwubiko heads HUMAN Rights Writers’ Association of Nigeria and writes              from www.huriwa.blogspot.com.           

 13/4/2012

HURIWA CONDENMS PLANNED ARREST OF RIGHTS CHIEF BY POLICE

The Civil Society community in Nigeria has condemned the reported planned arrest of the chairman, governing board of the Nigerian National HUMAN Rights Commission [NHRC] Professor Chidi Odinkalu by the police over allegation by the Rights Chief that police routinely kill scores of Nigerians in police detention facilities in the country every year.

A democracy inclined civil society group –HUMAN RIGHTS WRITERS’ ASSOCIATION OF NIGERIA (HURIWA) in a statement issued to the media and jointly endorsed by the Executive Director Comrade Emmanuel Onwubiko and the National Director of Media Affairs, Miss Zainab Yusuf, said the holder of the office of the Inspector General of police lacks the Constitutional power of Summon which belongs only to the competent courts of law in line with section 6 of the 1999 constitution as amended.

Besides, the Rights group which said the National HUMAN Rights Commission of Nigeria as an Independent organ is not within the sphere of control of the office of the Inspector General of police and therefore the chairman of the Rights commission cannot validly be queried by the holder of the office of the Inspector General of police talk less Mr. Mohammed Abubakar who currently occupies a non-existent and an unconstitutional office of the Acting Inspector General of police.

“We wonder why a holder of an illegal office of ‘ACTING’ Inspector General of Police not recognized by the Constitution of Nigeria could muster courage to issue an illegal instruction directed at a validly appointed head of a statutory institution that is operationally and financially independent”, HURIWA affirmed.

Specifically, media reports stated that the police top hierarchy had invited the chairman of the Nigeria’s National HUMAN Rights Commission, Professor Chidi Odinkalu for questioning over allegations he made in his official capacity that policemen routinely engage in extra-legal execution of suspects in the lawful detention of the Nigeria police Force. The Rights chief quoted from a report of findings made by respected consortium of organized civil society community and from the United Nations document.

A letter from the Nigeria Police Force Headquarters in Abuja cited by Journalists directed the HUMAN Rights panel’s boss to appear by 11am on Friday April 13th 2012 before the Deputy Inspector General of police in charge of criminal investigation Mr. Peter Yisa Gana.

But HUMAN Rights WRITERS’ ASSOCIATION OF NIGERIA dismissed the purported police invitation of the chairman of the Nigerian National Human Rights Commission as “another attempt by a notoriously incompetent police establishment to undermine the exercise of freedom of expression and the Independence of the nation’s Premier Rights body”.

HURIWA which cited the United States of America’s Supreme Court Justice Benjamin Cardozo’s verdict whereby the Freedom of expression was aptly described as “the matrix, and the Indispensable condition of nearly every form of freedom”, also faulted the claim by the police authority that the allegation of serial extra-judicial execution of suspects by police amounted to a breach of the national security. HURIWA said public disclosure of the extent of serial extra-legal execution of suspects by police will serve public interest because the implication is that relevant authorities will now be put under intense pressure to prosecute indicted police operatives.

The Rights group stated thus; “We totally reject any attempt by the current police hierarchy to undermine the exercise of freedom of opinion, expression and information as prescribed by chapter four of our Constitution”.

Citing the Johannesburg principles on national security, Freedom of expression and access to Information which states that ‘any restriction on expression or information must be prescribed by law’ and that ‘the law must be accessible, unambiguous, drawn narrowly and with precisions so as to enable individuals to foresee whether a particular action is unlawful’, HURIWA said the Constitution of Nigeria, guarantees freedom of expression as enshrined in section 39(1) of the Constitution.

HURIWA reminded the police hierarchy that only few months back, a human rights expert from the United Nations’ HUMAN Rights Council visited different police detention facilities in Nigeria and returned very damaging evidence that operatives of the Nigerian police routinely carry out extra-legal execution of suspects in police custody and wondered why the police hierarchy failed to arrest and prosecute the indicted police operatives.

The group said it was a notorious fact in the public domain that operatives of the Nigeria police have bad image as regards violation of the right to life of Nigerians and wondered why the Acting Inspector General of police wants to ‘wield illegal and unconstitutional power’ to muzzle the Independence of the NATIONAL HUMAN RIGHTS COMMISSION of Nigeria.

The Rights group asked President Good luck Jonathan to call the Acting Inspector General of police to order and stated that the members of the organized civil society community will not stand by and watch the police hierarchy destroy the only institution that protects and promotes human rights of the citizenry.             

 13/4/2012

NIGERIA: A NATION SUBMERGED BY CORRUPTION By Emmanuel Onwubiko

Wednesday April 4th 2012 may as well turn out as one of my worst days not necessarily because of any personal loss but a cover picture in the PUNCH newspaper of that day which shows some of the high profile suspects in Nigeria's largest modern day heist of public fund running to over N32 Billion smiling broadly while being ushered into the Federal High Court premises in the Abuja Division, was my source of sadness and unprecedented trepidation.

That cover photo in one of Nigeria's leading newspapers has once more thrown up a national question whether Nigerians have lost our collective sense of shame and opprobrium. Have we as a people lost our national conscience so much so that persons in high offices caught red- handed helping themselves with public fund as sacred as pensioners' money could afford to shamelessly smile their ways into our nation's court rooms and walk out of that same court armed with a reprehensible verdict of bail guaranteeing them some modicum of freedom?

What this cover photo conveys to the younger generations is that theft of public fund is permissible and that in fact those caught in the criminal and treacherous act of diverting pensioners money only need to have saved enough cash out of the prying eyes of the heavily compromised operatives of the Nigerian security community and use same to hire the services of some of the best senior lawyers in Nigeria to seek to escape punishment in accordance with the due process of the law.

Ironically, only few days before these high profile government officials were granted bail by Justice Abubakar Talba on very liberal grounds, some very senior lawyers were engaged in a battle of wits and quarreled over legal representations for these key suspects that included a serving Permanent Secretary in the Federal Ministry of Niger Delta Affairs, Atiku Abubakar Kigo; Esai Dangabar; Ahmed Inuwa Wada; John Yakubu Yusufu; Veronica Uloma Onyegbulam and Sani Habila Zira. But why is it that Nigerians did not turn out in their large numbers to attend these court sessions to show public disapproval of this alleged brazen act of criminal breach of trust committed by these high profile Government officials?

Few days after gaining freedom from the Court in a case of theft of over N32 Billion pension fund belonging to the Police, the current Permanent Secretary in the Ministry of Niger Delta was quoted in one of the leading national dailies to have admitted that he indeed participated in the largest public heist of money belonging to retirees who have served Nigeria with their best talents only to face the unfortunate fate of dying while awaiting payment of the legitimately entitled pension and other post-retirement emoluments. The question is why has President Jonathan not shown the indicted officials the way out by dismissing them or at least suspending them from their official functions pending conclusion of the cases against them? Is the Government unaware of the extent of damage that the repeated mention of the title of Permanent secretary in the media as a prime suspect in this monumental case of heist will bring to the institution of Government? Have Government officials including President Jonathan also lost their collective conscience and sense of shame so much so that the Federal Government still keep suspects accused of the most horrendous of economic crime in the payroll funded by tax payers? Why has Nigerian tax payers not announced their boycott of any invitation to pay any form of tax to the Federal Government so long as those officials accused of this large scale theft are still been maintained with public fund in public offices even as they undergo trials?

As a member of the federal Government's committee set up by the office of the Federal Attorney General and Minister of Justice Mr. Mohammed Bello Adoke to work out and propose a model bill for onward passage by the National Assembly to streamline the management of confiscated and recovered/forfeited public assets from public officials and other set of Nigerians, I was shocked beyond comprehension why the Federal High Court could so rapidly grant bail to these set of persons accused of this monumental criminal act of brigandage.

To even find out that this bail granted these alleged pension fund thieves happened about the same period that the Federal Government through the Economic and Financial Crimes Commission lost more than half dozen high profile anti-graft cases such as the prosecution of some few former public office holders over the Halliburton bribery scandal that run into several hundreds of millions of United States Dollars and the throwing away by the Federal High Court, Lagos Division headed by Justice Charles Archibong of the criminal prosecution by the State against erstwhile indicted Managing Director of Intercontinental Bank Plc Mr. Erastus Akingbola who incidentally appeared in the cover page of The Guardian newspaper of Nigeria of Tuesday April 3rd 2012 smiling from ear to ear over his Pyrrhic victory against the Nigerian Government.

Dissatisfied with the lackluster approach adopted allegedly by the powerful prosecution team made up of the current National President of the Nigerian Bar Association Mr. Joe Daudu, a Senior Advocate of Nigeria; Mr. Damien Dodo, a Senior Advocate of Nigeria and a national award winner; and another law Professor in the prosecution of Mr. Erastus Akingbola accused of alleged theft of depositors fund running into several Billions, the Presiding Judge of the Federal High Court who spoke more like the defence counsel of Mr. Erastus Akingbola, directed the Federal Attorney General to debrief and/or sack these highly respected senior lawyers from handling the matter.

The collapse of these high profile anti-graft cases signpost that Nigeria is indeed submerged in the ever flowing and threatening ocean of corruption and to compound the critical situation that Nigeria now faces because of the unwillingness of the Federal Government to prosecute and punish officials and alleged rogue former managers of some of Nigeria's banks, these suspects are still being allowed to insult the collective psyche of millions of Nigerians by enjoying unfettered access to some of the stolen fund and therefore are able to engage the services of some of the so-called best lawyers who are ever willing to defend even the murderers of their loved ones if and only if the alleged suspects can make them smile to their banks with stupendous legal consultancy fees and some more slush fund for bribing government paid prosecutors especially the staff of the two anti-graft bodies and by extension the judges to make their cases weak and compromised.

Pat Utomi is a doctorate degree holder in Economics and one of the moving forces behind the setting up of one of Nigeria's finest private Universities, the Pan-African University in Lagos State and he is credited with writing several fine pieces on the kind of political and economic leadership that Nigeria needs now so that we can collective retrieve ourselves from this dangerous and deadly ocean of corruption that Nigeria and Nigerians are submerged in. Writing recently under the beautiful title of "On Why Nigeria Remains Backward", Pat Utomi reflected on the ever present threat of official corruption when he stated thus; "The reign of impunity and the retreat of the RULE OF LAW stokes the fire of the mindless pursuit of riches, mainly through corruption and direct stealing".

Justice Mustapha Akanbi who is in his early eighties was a one time President of the Nigeria's Court of Appeal which is the second highest court of competent jurisdiction in Nigeria and importantly, Justice Akanbi who has since retired from the Nigerian judicial bench after more than three decades of excellent and untainted services to the Fatherland was also the pioneer Chairman of the Independent Corrupt practices and other allied offences commission was recently quoted in one of the national newspapers to have added his voice to the clarion calls by the members of the general public on the hierarchy of the nation's judiciary to take concrete and verifiable action and measures to tackle headlong, the longstanding and well entrenched corruption pervasive in the nation's judiciary because as the last hope of the common man, if corruption is not sufficiently strangulated and exterminated in the judiciary, then the millions of indigent Nigerians may loose faith and hope in the Temple of Justice.

I dare add that if the common people should loose hope on the judiciary and the competence and ability of the judiciary to discharge justice and jail corrupt persons, then sooner or later, the people will take their destiny in their hands and stage violent revolts to capture all the corrupt officials of government and their collaborators in the judiciary for summary execution following the Chinese model whereby corrupt officials are executed publicly.

Nigerians are aware that the Chinese model whereby capital punishment are meted out to corrupt government officials have worked some miracles making it impossible for government officials to embark on brazen theft of public fund which on its own has translated to the giant development and modernization that Chinese economy has undergone in recent times and I wont be shocked if one day Nigerians will rise in unison to revolt against corrupt officials because corruption do not discriminate and poverty brought about by corruption and theft of Government fund afflicts every person of all religious and ethnic orientation in Nigeria and if there is anything ideological that will unite Nigerians of all status to collectively embark on liberation struggle then I am sure the unity of purpose to fight corruption and eliminate the corrupt government officials is one sure fight that will become inevitable. I do not subscribe to capital punishment because of the possibility of mob justice and the irreversibility of the sentence if life is taken away by mistake but the extent of poverty and deaths of millions of Nigerians because of the corrupt attitude of most government officials has compelled a review of my ideological opposition to capital punishment because capital punishment has drastically brought down the cases of corruption in places like China which gained independence not more than fifteen years before us. That China has overtaken most first World Countries in economic ranking is because the successive governments even though undemocratic fought and still fights corruption from all fronts.

* Emmanuel Onwubiko is head, HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA and writes from www.huriwa.blogspot.com.

13/4/2012

WHO NEEDS AUTISM AWARENESS?By Emmanuel Onwubiko

Caught between writing a piece on the deteriorating environmental situation of Abuja, the nation’s capital and the challenge posed by the large presence of street children in Abuja, yours faithfully made up his mind to reflect on the latter which is the increasing social/security threat posed to Abuja residents by the unprecedented presence of poverty-stricken, homeless, hungry-looking and desperate children as young as eleven year-old in the major streets of a place we proudly call our Federal Capital and these Children are not part of the usual annual budget of the political authorities at the Ministry of the Federal Capital Territory.

But as I made to put pen to paper I received a powerful mail from the office of the United Nations secretary General in which Mr. Banki Moon extensively treated the contemporary issue of Autism and the urgent need for humanity to gain awareness.

The mail from the office of the secretary General of the United Nations was intelligently crafted and the heading was catchy, relevant and strategic.

The salient qualities inherent in the letter from the secretary General of the United Nations titled; “Message on World Autism awareness Day”, made me change my theme of my current piece to deal extensively with the all important question of who indeed needs Autism awareness.

There are other physical disability challenges that confront our younger generations that are not adequately attended to by government and other relevant stake holders so much so that a lot of children are abandoned by their mothers once these uninformed but poverty- stricken mothers find out that their babies are born with one physical deformity or the other. This trend of throwing away babies on the flimsy excuse that they are physically deformed must be effectively checked by government and all lovers of humanity.       

In the letter dated April 2nd 2012, the United Nations Secretary General wrote as follows;

“Autism is not limited to a single region or a country; it is a worldwide challenge that requires global action”.

“Although developmental disabilities such as autism begin in childhood, they persist throughout a person’s life. Our work with and for people with autism should not be limited to early identification and treatment; it should include therapies, educational plans and other steps that lead us towards sustained, lifelong engagement”.

Mr. Banki Moon stated further; “Reaching out to people with autism spectrum disorders requires global political commitment and better international cooperation, especially in sharing good practices.  Greater investments in the social, education and labour sectors are crucially important, since developed and developing countries alike still need to improve their capacities to address the unique needs of people with autism and cultivate their talents.  We also need to promote further research, train non-specialized care providers, and enable the autism community to more easily navigate care systems to obtain services that can support and mainstream individuals with autism”.

“The annual observance of World Autism Awareness Day is meant to spur such action and draw attention to the unacceptable discrimination, abuse and isolation experienced by people with autism and their loved ones.  As highlighted by the Convention on the Rights of Persons with Disabilities, people with autism are equal citizens who should enjoy all human rights and fundamental freedoms”.

The South Korean-born Mr. Moon Sounded humane as he always does when he told his readers thus; “My wife has been very involved with autism awareness and advocacy efforts, and has shared with me inspiring stories not only about individuals with autism, but also about those committed to improving their lives. Let us all continue to join hands to enable people with autism and other neurological differences to realize their potential and enjoy the opportunities and well-being that are their birthright”.

From KidNeeds.com we were provided with profound body of knowledge regarding the challenges that parents face when they give birth to children with disabilities.

According to Kidneeds.com, for children with physical disabilities and their families each day may bring new challenges. Persons with physical disabilities may experience functional, visual, orthopedic, motor, or hearing impairments, which may impact upon their ability to walk, play and learn. Physical disabilities are also often defined and categorized by some degree of limitation in the use of upper or lower extremities and maintaining posture and positioning.

KidNeeds.com which is committed to providing their visitors and subscribers with access to accurate and timely information on a broad range of topics relative to children with physical disabilities also provided sound information on developmental disability thus; “The term developmental disability commonly refers to a severe and chronic disability that is often attributable to a mental or physical impairment that occurs prior to age 22”.

“A developmental disability can be expected to continue indefinitely and often presents significant challenges to children and families. There are five diagnostic categories associated with the term developmental disability. They are Mental Retardation, Cerebral Palsy, Epilepsy, Autism, and Neurological Impairments,” they noted.

“A developmental disability can result in functional limitations in some of the following areas: self-care; learning; language and communication; mobility and movement; socialization; independence; self-determination”.

“Although developmental disabilities generally fall into these categories there are many different conditions and diagnoses that are also defined as developmental disabilities, including spina bifida, muscular dystrophy, deafness, visual impairments, brain and spinal cord injuries, and others”.

It is noteworthy to state here that just like what experts advise that we can help our children with disabilities to communicate and move if we encourage them to take part in daily activities. Dressing and bathing can be opportunities to encourage your child’s development. Children learn a lot in the first three years, so it’s a good idea to start as early as possible.

Every child is a human being who deserves the protection of his/her human rights. Government at every level must practically make transparent and accountable provision release and use of public fund for the adequate care and well being of all categories of the Nigerian Children. Stakeholders in the organized private sector must also make meaningful and practical social corporate responsible contribution towards establishing adequate health care facilities in the different parts of Nigeria and ensure that functional health care are effectively rendered to our Children who are seriously in need because if we continue with the current maltreatment and neglect against our Children then we will breed a set of would-be adults that will inflict revenge violence on the larger society.

If we allow the Children to grow in the streets without care, then if they manage to rig their ways to become legislators or political leaders in the nearest future then the future of Nigeria is already jeopardized since these ‘wounded’ Children will inevitably inflict devastating revenge on the society.

*     Emmanuel Onwubiko heads HUMAN Rights Writers’ Association of Nigeria and          writes from www.huriwa.blogspot.com

2/4/2012

RE: WHO GETS THE NTA JOB? By Emmanuel Onwubiko

As a leading stakeholder in the media industry of our beloved country, I have read the publication of a material said to have been written by your reporter Ademola Adegbamigbe titled as aforementioned published in the April 02, 2012 edition of the News Magazine.

Ordinarily,       I would not have bordered to reply but as a media worker in the last two decades who is profoundly conversant with the reputable name and image that The News Magazine has made for itself through a combination of the forces of distinguished pursuit of investigative Journalism and the avowed respect accorded to the time-honoured journalism ethics of objectivity, balance and the truth which have essentially become the watch words of the founders of the News magazine, I have taken the pain to write you this piece to correct some Journalistic blunders inherent in the said report.

First, I am aware that the office of the Director General of the Nigerian Television Authority for whatever reason, has become one of the most coveted political offices in the polity so much so that certain persons who ordinarily do not possess the requisite professional competence, managerial skills/acumen and reputable talents, are often involved in the clandestine past -time of sponsoring some half baked, hurriedly assembled and totally unsubstantiated speculative stories about the occupant of the seat of the Director General particularly if the so-called desperate office seeker is in the know that the tenure of the incumbent is about winding up.

The story published in The News can at best be categorized as one of the poorest work of Journalism because it is totally bereft of intellectual investigative attributes and the author simply assembled materials from some of the hurriedly assembled damaging and unsubstantiated, politically-motivated hear say and cheap gossips about the incumbent Director General from the postal mail of the unsigned materials being circulated by these fifth columnists who are even scared of including verifiable names and scientifically accurate contact address.

I am in possession of some of these materials which was posted to me because the ‘devils’ advocate wanted me as a columnist with one of the Abuja based national newspapers, to be persuaded to replicate same in my column but my professional obligation would not allow me to fall for this cheap  political gambit and blackmail crafted to undermine the perceived chances of the incumbent holder of the Director General of NTA to be re-appointed if it pleases the President of the Federal Republic to so do.

Ademola Adenamigbe should have exercised professional discretion and at least make effort to contact the corporate office of the Nigerian Television Authority to speak with the incumbent Director General Mallam Usman Magawata who is a vastly respected Journalist that is available at the shortest notice to make clarification.

I do not wish to join the reporter in exchange of words on whether president Goodluck Jonathan would re-appoint Mallam Magawata to complete the second and final five year tenure as Director General of the Nigerian Television Authority or whether the President is planning to bring in a far junior officer with absolutely no managerial skill to head the Nigerian Television Authority or not, but as an observer with documentary evidence of how the Nigerian Television Authority has been transformed in the past few years, I can say without any fear of contradiction that the current management team headed by Mallam Usman Magawata has performed exceedingly well.

T There is no gainsaying that the power to appoint the Director General of the Nigerian Television Authority lies squarely with Mr. President and I am neither a prophet or a sooth-sayer to read the mind of  Mr. President to uncover if he has re-appointed or he indeed has any intention to re-appoint the incumbent Director  General or not.

Only last week, a leading media analyst in the nation’s capital published an opinion article in the Leadership Newspaper where he objectively stated that so far the current management at the Nigerian Television Authority has indeed improved the fortunes of that public institution, remarkably.

Mr. Ivoke Philip Ivoke who also posted the opinion article to my email had written thus; “The Mallam Usman Magawata -led Board of The Nigerian Television Authority has exhibited uncommon commitment in promoting efficiency, credibility, innovation in News broadcasting and programming with the aim of providing viewers more choices of quality programming and credible news”.

In his well considered opinion which this writer entirely shares these tremendous technology-driven achievements of the current management at the NTA were necessitated and made possible with the introduction of four new Channels namely: NTA Channel 24, NTA Entertainment, NTA Knowledge and NTA sports which are currently showing on Star times TV.

Also the current Board has added the latest broadcasting techniques with the introduction of Wonder Cube which is a broadcast automation system consisting of six channels which makes it possible for the six channels to play simultaneously completely unmanned, full automation of the operation of NTA Channel 24 and the introduction of 120 Terabyte Capacity Blue Ray archiving system.

This system enhances permanent archiving of video materials and can maintain the integrity of archived video for over hundred years. These achievements are not rocket science that cannot be easily verified by a news reporter before committing his thoughts into writing for a reputable news magazine like The News Magazine.

I am aware just like most media experts that the advent of cutting edge technology in media broadcasting has enhanced the processes of news gathering, processing and presentation and for any media organization to remain competitive, it must redefine its operational dynamics to align to this present day reality. Apart from technological process, it must exhibit pluralism and diversity, integrity, accountability, public service and high level profession standards. The media landscape in Nigeria is the most vibrant in Africa as can be attested to by its robust and influential character in shaping Nigerian political, social and economic environment.

I am conversant with the established fact that the public own media like the Nigerian Television Authority occupies a very strategic place in shaping events in Nigeria, promoting National consciousness and enhancing peace and unity in Nigeria. The traditional and constitutional obligations of monitoring  governance, serving as a watch dog of the society and promoting democratic tenets must at all times be the cardinal objectives of the media and NTA under the current board has performed very well in this regard.

I can attest that it is a known fact that NTA under the current leadership introduced the first Digital Terrestrial Television Network in Nigeria through the joint venture company, NTA-STAR TV which is currently transmitting in six States of the federation with over 600,000 subscribers. In 2009, forty (40) VSAT were installed in all the State capitals across Nigeria, this is to enhance connectivity and news contribution from any part of the country. This has greatly facilitated the timely transmission of breaking news from any part of Nigeria. It is also worthy to note that in a bid to transmit stories of Nigeria interest across the world, news Bureaus have been established in Cairo, Accra, London, Washington and Ottawa to tell African stories from African perspective

On the area of man power development, the Mallam Usman Magawata has embarked on periodic training of staff to enhance their capacity and performance and  has also ensured that staff are promoted as at when due. This has helped to boost staff morals as many staff who have been stagnated over the year have been promoted.

It is heart warming to note the non partisan posture of the Nigerian Television Authority during the 2011 General Election. Political parties were offered equal opportunities to present their manifesto to the Nigeria people. During the Election, about sixteen (16) set of streaming equipment were purchased, which greatly enhanced the coverage of 2011 general elections.

Ivoke Philip Ivoke had concluded thus; I believe strongly that for NTA to continue to maintain its records of patriotic service, its leadership must be committed to innovative practices, pursuit of excellence and I can say unequivocally that Mallam Usman Magawata is a square peg in a square hole”. 

It is my wish that reporters both in print and electronic media must strive to maintain the Professional ethics of balance, objectivity and excellence and do everything within their power not to inject their personal opinion into news reports because opinions are free but NEWS is sacred.

·         Emmanuel Onwubiko is head of HUMAN Rights Writers’ Association of Nigeria.www.huriwa.blogspot.com.       

4/4/2012

SENEGAL: THE DEFEAT OF SIT-TIGHTISM By Emmanuel Onwubiko

In far distant times, during the days of Colonial expeditions of parts of Africa, the agents of imperialism from Europe were stunned by the array of innovative things, animals and vegetation that they saw in Africa and one of them exclaimed that; “In Africa, wonders shall never end.”

In the realm of politics, that saying that ‘wonders shall never end in Africa’ is as fresh and relevant as ever if one analyses the current events in parts of West African Sub-regional nations of Mali and Senegal.

In Mali, a gang made up of some very junior military officers forcefully overthrew the democratically elected civilian administration of President Amadou Toumani Toure even as the whereabouts of the deposed leader is unknown.

Buffeted by a groundswell of attacks from across the World and very recently by the expulsion of Mali under the military Junta from the African Union commission, the leader of the military coup Captain Amadou Sanogo told the international media that his gang overthrew the civilian administration last Wednesday to restore what he described as “Security and order”.

The head of Mali’s military Junta further dismissed all the verbal attacks from political leaders like President Goodluck Jonathan and other West African Sub-regional leaders and vowed to hold on to power for now pending restoration of security because of the threats of imminent invasion of Bamako by the well armed returnee Tuarag rebels who were displaced from the just ended Libyan civil war. The Tuarag rebels were hired by the then Libyan strongman Colonel Muarmur Ghadafi (now late) to help him fight the rebellion which eventually swept him out of power.

The Malian military leader told the international media thus; “I want all of them to come to the same table right after this interview. My door is open,” he said. “We can talk about and work out through the peace process” he added. He denounced the widespread looting in the capital, Bamako, which followed the coup.

“I deplore the acts of vandalism and pillaging which have occurred”, Capt Sanogo said. He added: “Yesterday 9Sunday March 25^th 2012], I obtained concrete proof that ill-intentioned individuals were wearing uniforms of the police, the army, in order to break this coup, just to turn the population, to turn opinion against us”.

He asked the public to excuse those behind the coup for “all the aggravation caused” and said justice would be done. “I urge all Malians, at whatever level, to stop without delay these acts of vandalism and pillaging…This is not our mission, nor our cause, nor our objective” he stated.

Those who took part in the military coup in Mali may have been motivated partly to subvert democracy by the then unfolding political development in the neighboring Senegal where the then sitting President Abdoulaye Wade manipulated the parliament to re-write the electoral laws to enable him run for a third term of another seven years tenure as against the Constitutionally recognized two terms limits of seven years each.

But these gangsters in military uniform in Mali misfired because in their neighboring country of Senegal with a good reputation as one of Africa’s most stable democracy, the citizens rejected the manipulative tendencies of the Octogenarian sitting President Mr. Abdoulaye Wade and opted for free, fair and transparent contest which eventually resulted in the defeat of the old big man of Senegal.

Ironically, Senegal and Mali have some fundamental historical affiliation because Senegal became fully Independent from the French Colonial masters in June 1960 as part of the Mali Federation.

Political historians recorded that on August 20th, 1960; Senegal withdrew from the Federation and became a separate Republic. The internationally renowned scholar and Poet Mr. Leopold Sedar Senghor was elected its first President.

He was re-elected in 1963, 1968, 1973 and 1978.

This post- independence President of Senegal was credited with the introduction of some far- reaching and comprehensive constitutional amendments which gave birth to the advent of multi-party democracy in that country. Senegal has since remained a respectable signpost of a stable and democratic nation in Africa ever since.

As a democrat with international clouts, President Leopold Sedar Senghor in 1981 stepped down for Abdou Diouf who had been his prime minister since 1970.

Following very impressive record of modest achievements in the area of radical transformation of some basic social infrastructure in Senegal Mr. Diouf went on to win the 1983 presidential election, a feat he repeated in 1988 using the platform of his socialist party. This victory was hotly contested by leading opposition politicians who affirmed that the process that ensured his victory was anything but free and fair.                   

The opposition politicians also organized sporadic street protest and these widespread consternation of the civil populace compelled the then President Diouf to introduce series of electoral reforms. Members of the political opposition faulted the electoral reforms of President Abdou Diouf because they accused him of manipulating the process to retain the control of the electoral commission by his political party.

Political historians also wrote that under President Diouf, the constitutional term limit was extended from five to seven years and a two-term limit imposed with the underlying objective of setting the stage for him to benefit from the tenure elongation scheme and thus perpetuate himself in power.

Abdou Diouf ruled Senegal till the year 2000 when his Socialist Party lost to Abdoulaye Wade, the candidate of the PSD.

Interestingly, Mr. Shehu Sani, a Kaduna-based Nigerian civil rights Activist wrote in his book titled “Civilian Dictators of Africa” that former Senegalese president Abdou Diouf was  adept at manipulating the political process to sit tight in power but little did he [Shehu Sani, the Nigerian author] know at the time of writing his scholarly book that Mr. Abdoulaye Wade who came to power in the year 2000 will turn out as one of the greatest manipulators of the political system of his country with the ambition of spending his entire life in political office. This is because as an 85 year old man, if President Wade had succeeded in foisting himself on his people/country for another seven years, he would have surely passed on to the great world beyond as a sitting/life president. The now defeated president also planned to manipulate the political process for his son, Mr. Karim Wade, to succeed whenever he quits the stage if he had won the March 25th 2012 re-run presidential poll. The son of the defeated president of Senegal has held four ministerial positions including the powerful works ministry.

It is heartwarming that all the opposition political camps rallied round the 50-year old Mr. Macky Sall, who was a prime minister under the defeated president but fell apart from his political god-father Mr. Wade because of allegation that the son of the defeated president was mismanaging the resources of Senegal.

Mr. Macky Sall won the re-run presidential election of 25th March 2012 against the back drop of his avowed pledge to change all the draconian constitutional and electoral amendments made by the now defeated President and return the two term of five year each tenure limitation for the office of president of Senegal.

The newly elected president has also promised to tackle the rising threats of food insecurity and poverty in his country and to encourage local farmers to expand and modernize their farming activities.       

The defeat of the Senegalese Octogenarian politician Mr. Abdoulaye Wade is a defeat for sit -tightism and is a strong warning to other African would- be civilian dictators that any attempt by them to subvert the democratic process for their selfish political gain would be successfully resisted by the people especially if the members of the civil society is awake to its duty as responsible and democracy loving citizens. 

*          Emmanuel Onwubiko heads HUMAN RIGHTS Writers’ Association of Nigeria and               writes from www.huriwa.blogspot.com.

26/3/2012