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Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong - Politics (8) - Nairaland

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Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by ComeToJesus: 8:01pm On Sep 16, 2022
Lagos is managed by a lameduck administration. It's the reason I'm not surprised at this callous step.

The law should have a human face.

With the perennial flooding in Lagos that had spanned years, who has been penalised? Has the governor or any of his aides been penalised for gross ineptitude?

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Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by olorunyomi25149: 8:23pm On Sep 16, 2022
That action was a very wrong move by the Lagos government That action was a very wrong move by the Lagos government ...

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Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by wirinet(m): 8:29pm On Sep 16, 2022
Morphinne:

You’re also right. I was not fully in support of this auctioning at first but that stance changed when I started seeing people narrating their ordeals just because some mobile fools decided to be unfortunate. Why should anyone suffer as a result of someone else’s stupidity and negligence?
Oga barrister should go and tell this to the faces of people who have had their loved ones either killed or perpetually restricted to wheelchairs without any hope of ever living a normal life again. But I still believe a heavy fine should be the best way to go. Encouraging people to buy auctioned items is nothing but promoting the habit of stealing and I see no reason why that should be legal in the first place. Also, this defaulters should be tried in courts with pictorial and video evidence.

You are looking at the issue with emotions instead of logic and fairness. Most negligence or laws that are flouted often results in death or injury. That does not justify the seizing or appropriating of someone else's properties. Over speeding, breaking traffic light, drunk driving, driving without a valid license, etc has resulted in death or injury to others. So also building without approvals have caused buildings to collapse resulting in numerous deaths.
Eating and drinking non approved drugs, foods and drinks has resulted in even more deaths. Will the seizing and auctioning of the buildings used be appropriate punishment while leaving the actual perpetrators of the crime?
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by moyosore32: 9:01pm On Sep 16, 2022
Honourable1901:
We have heard you , drive against traffic first you will know khaki no be leather

That carburator in your brain that is not serving enough fuel will not tell you

Best reply so far, I’m rushing off to his Twitter page to tell him this exact words... him mumu too much, as per d carburetor in his brain no dey serve enuf fuel true true
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by Honourable1901(m): 9:15pm On Sep 16, 2022
moyosore32:


Best reply so far, I’m rushing off to his Twitter page to tell him this exact words... him mumu too much, as per d carburetor in his brain no dey serve enuf fuel true true

Lol

1 Like

Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by asolink(m): 9:38pm On Sep 16, 2022
Eriggs:
Nigerians should learn how to obey the traffic laws and see how the country progress and love forward to the western countries we are all crying to be like.
Shikena!
That's not to confiscate their cars as punishment. There should be other ways to punish than this wicked method.
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by asolink(m): 10:20pm On Sep 16, 2022
Eriggs:
Nigerians should learn how to obey the traffic laws and see how the country progress and love forward to the western countries we are all crying to be like.
Shikena!
That's not to confiscate and auction their cars as punishment. There should be other ways to punish than this wicked method.
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by Morphinne: 11:09pm On Sep 16, 2022
wirinet:


You are looking at the issue with emotions instead of logic and fairness. Most negligence or laws that are flouted often results in death or injury. That does not justify the seizing or appropriating of someone else's properties. Over speeding, breaking traffic light, drunk driving, driving without a valid license, etc has resulted in death or injury to others. So also building without approvals have caused buildings to collapse resulting in numerous deaths.
Eating and drinking non approved drugs, foods and drinks has resulted in even more deaths. Will the seizing and auctioning of the buildings used be appropriate punishment while leaving the actual perpetrators of the crime?
Kindly read what you quoted over again and especially the last part. Aren’t we saying the same thing, sir?
Away from that, every state has its own set of rules which must be enforced and if any of these enacted rules doesn’t go down well with you, you’re free to leave the state to other places not enforcing such laws. You have no right to say other people’s state laws isn’t right , and if you think you can, go to Saudi Arabia and challenge their public execution capital punishment laws. We can only appeal to the Lagos State govt to review this particular law with a view to ensuring that the punishment is reduced to making these offenders pay heavy fines or just locking them up as no punishment is too much for someone who doesn’t care if his action causes bodily harms or death to other humans. No punishment is too much for attempted murder. The rate of insanity going on in Lagos is way too much. Go to the Republic of Benin or Togo by road and the first thing you would notice is how orderly the motorists comport themselves while driving (I think something is inherently wrong with most Anglophone African countries). There are dedicated lanes for motorcyclists who are always wearing their protective helmets. Traffic sanity must be restored in Nigeria by fire by force. Nigerians need iron-fisted type of governance.
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by wirinet(m): 11:35pm On Sep 16, 2022
Morphinne:

Kindly read what you quoted over again and especially the last part. Aren’t we saying the same thing, sir?
Away from that, every state has its own set of rules which must be enforced and if any of these enacted rules doesn’t go down well with you, you’re free to leave the state to other places not enforcing such laws. You have no right to say other people’s state laws isn’t right , and if you think you can, go to Saudi Arabia and challenge their public execution capital punishment laws. We can only appeal to the Lagos State govt to review this particular law with a view to ensuring that the punishment is reduced to making these offenders pay heavy fines or just locking them up as no punishment is too much for someone who doesn’t care if his action causes bodily harms or death to other humans. No punishment is too much for attempted murder. The rate of insanity going on in Lagos is way too much. Go to the Republic of Benin or Togo by road and the first thing you would notice is how orderly the motorists comport themselves while driving (I think something is inherently wrong with most Anglophone African countries). There are dedicated lanes for motorcyclists who are always wearing their protective helmets. Traffic sanity must be restored in Nigeria by fire by force. Nigerians need iron-fisted type of governance.

You are still engaging in emotional blackmail to press home your point. I have lived in Lagos more than you have time you have lived on earth. I have higher stake in Lagos than you do, so quit that nonsense and childish rant of "leave Lagos if you are not happy with the government or laws".

Just like I was screaming about the Lagos State Environmental Laws passed by the Lagos State Assembly over 10 years ago before It was overturned at the courts, the law impounding and auctioning people's cars for traffic offenses is unconstitutional. It cannot survive judicial scrutiny. If someone is motivated and rich enough to take the law to a federal high Court all the way to the Supreme Court, the Lagos State Government would lose. I have already outlined the main problem of the law, which is that traffic offenses unless injury or death is involved are civil matters and that most times the driver that commit the traffic offense is different from the car owner.

Nigerians are unruly not only in traffic situations but in almost all facets of life. This is because our laws and institutions are very weak, especially against the rich and powerful. They rich and powerful elite break the law with impunity without any fear or consequences. The ordinary man see these and feels tempted to break the law alsk, but suffers the consequences when caught.

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Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by okwusdaddy: 1:20am On Sep 17, 2022
Eriggs:
Nigerians should learn how to obey the traffic laws and see how the country progress and move forward to the western countries we are all crying to be like.
Shikena!
It's only in Nigeria people break traffic laws.
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by Morphinne: 2:49am On Sep 17, 2022
wirinet:


You are still engaging in emotional blackmail to press home your point. I have lived in Lagos more than you have time you have lived on earth. I have higher stake in Lagos than you do, so quit that nonsense and childish rant of "leave Lagos if you are not happy with the government or laws".
.
Really?? grin
Now I understand
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by shegzee43: 6:50am On Sep 17, 2022
Eriggs:
Nigerians should learn how to obey the traffic laws and see how the country progress and move forward to the western countries we are all crying to be like.
Shikena!

No where in any Western country does government confiscate people's property as punishment. People only pay fines or serve jail terms.
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by boladez(m): 7:54am On Sep 17, 2022
First off, anyone who does not live in lagos has no competence to give an informed view of the matter

Secondly if you have not been a victim of these mad one way drivers you may not understand the gravity of the crimes.

Thirdly as a resident of Lagos , you will know that these traffic offences cause a larger portion of frustrating "HOLD UP" that raises people bp and kills lagosians young. Bad roads is secondary. Bus drivers are the greatest problems to lagos road , they stop anywhere and block the already constricted roads.

Forth in Lagos the traffi c offenders cause mayhem on the roads and get away before law abiding citizens. Lagosians deserve a strong hand to make us behave with civility. You cannot cure lawlessness and madness with paper civility. Do you tell a mad keke driver or danfo to "please stay in lane and stop obstructing traffic"

Finally , what Lagos state should do is to improve the road infrastructure and furniture aggressively and Use technology to catch offenders. A situation where someone makes a mistake he or she should be turned back and not have those mad dogs called task force jump into cars and cause confusion. A process should be put in place to warn people and only arrest those who insist on breaking the law. A proper independent and technology based appeal,process should also be in place.

Otherwise , I support forfeiture of those vehicles ....they should step up the enforcement. Good riddance to bad crazy drivers

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Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by MyExpression(m): 8:48am On Sep 17, 2022
Biafraaa:
Sean is trending on Twitter because of this tweet and the backlash it's receiving. I'm still wondering why it's not being discussed here on NL.

Seun determines what post gets published.

His mods are on duty 247.
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by wowcatty: 9:21am On Sep 17, 2022
How is it unconstitutional? What is the local law got to do with Abuja constitution? Impounded vehicles are auctioned off all over the world if the terms to get the cars back are not met. If dept of motor vehicle too, cityhall or whatever it's called is under Abuja, then Nigeria is a slave warehouse. What power is left for people in their homelands? Sick!
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by wirinet(m): 9:36am On Sep 17, 2022
wowcatty:
How is it unconstitutional? What is the local law got to do with Abuja constitution? Impounded vehicles are auctioned off all over the world if the terms to get the cars back are not met. If dept of motor vehicle too, cityhall or whatever it's called is under Abuja, then Nigeria is a slave warehouse. What power is left for people in their homelands? Sick!

Abuja law is what binds the country together and it is superior to any other law.

Vehicles are impounded and auctioned off all over the world if they proven to be proceeds of crime or used to commit a crime after the owner had been found guilty by a court of competent jurisdiction, and not for civil traffic violations.

Section 44 of "Abuja law"
(1) No moveable property or any interest in an immovable property shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in the manner and for the purposes prescribed by a law that, among other things -

(a) requires the prompt payment of compensation therefore and

(b) gives to any person claiming such compensation a right of access for the determination of his interest in the property and the amount of compensation to a court of law or tribunal or body having jurisdiction in that part of Nigeria.
More: https://jurist.ng/constitution/sec-44
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by wowcatty: 9:54am On Sep 17, 2022
Wrong! If the states can't make and have power on motor vehicle ordinances, then Nigeria is a slave warehouse as I said earlier. For example all over the world, it's not a crime If you park in the wrong place but your car can still be towed, impounded and auctioned off if you don't pay your fines. I'm sure Lagos gave them that option but they didn't meet up. How can you people love being tied down like animals and be proud of it?
wirinet:


Abuja law is what binds the country together and it is superior to any other law.

Vehicles are impounded and auctioned off all over the world if they proven to be proceeds of crime or used to commit a crime after the owner had been found guilty by a court of competent jurisdiction, and not for civil traffic violations.
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by wirinet(m): 10:17am On Sep 17, 2022
wowcatty:
Wrong! If the states can't make and have power on motor vehicle ordinances, then Nigeria is a slave warehouse as I said earlier. For example all over the world, it's not a crime If you park in the wrong place but your car can still be towed, impounded and auctioned off if you don't pay your fines. I'm sure Lagos gave them that option but they didn't meet up. How can you people love being tied down like animals and be proud of it?

No one is questioning the powers of states to regulate motor ordinances or even land and property. What I am saying is no state should have the power to deprive citizens of their property without following constitutional provisions.

Abroad as you stated, they do not confiscate your car by towing it. They tow it in lieu of you paying the stipulated fines. The government do not convert your car to your property. It can only do that if you refuse to come to claim your car after a stipulated period and going through a proper judicial process.

Even in Nigeria there are laws and procedures for confiscation of citizens properties (and even money) which are tied to criminal offense.

Here are the legal procedures for confiscating citizens private property.
https://www.google.com/url?sa=t&source=web&rct=j&url=https://nji.gov.ng/wp-content/uploads/2020/11/ASSETS-FORFEITURE-ETC-NJI.pdf&ved=2ahUKEwiYifiwuZv6AhV5hv0HHdZ0CC8QFnoECEcQAQ&usg=AOvVaw26VN6eJmluBE6Negl6GauV

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Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by wowcatty: 10:35am On Sep 17, 2022
There is no need to confuse yourself here. It's like we are saying the same thing till you made another turn.

The thing is, Lagos trafic law was violated and vehicles were towed and the owners will pay to get their cars back as it's done all over the world. So tell me did Lagos not give them the option to get their cars back for fees?

Please be clear, what did Lagos do differently?
wirinet:


No one is questioning the powers of states to regulate motor ordinances or even land and property. What I am saying is no state should have the power to deprive citizens of their property without following constitutional provisions.

Abroad as you stated, they do not confiscate your car by towing it. They tow it in lieu of you paying the stipulated fines. The government do not convert your car to your property. It can only do that if you refuse to come to claim your car after a stipulated period and going through a proper judicial process.

Even in Nigeria there are laws and procedures for confiscation of citizens properties (and even money) which are tied to criminal offense.

Here are the legal procedures for confiscating citizens private property.
https://www.google.com/url?sa=t&source=web&rct=j&url=https://nji.gov.ng/wp-content/uploads/2020/11/ASSETS-FORFEITURE-ETC-NJI.pdf&ved=2ahUKEwiYifiwuZv6AhV5hv0HHdZ0CC8QFnoECEcQAQ&usg=AOvVaw26VN6eJmluBE6Negl6GauV
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by wirinet(m): 11:03am On Sep 17, 2022
wowcatty:
There is no need to confuse yourself here. It's like we are saying the same thing till you made another turn.

The thing is, Lagos trafic law was violated and vehicles were towed and the owners will pay to get their cars back as it's done all over the world. So tell me did Lagos not give them the option to get their cars back for fees?

Please be clear, what did Lagos do differently?

Lagos State Government officials have been telling us that the law for driving against traffic (one way) is forfeiture and auction of vehicle as well as one year imprisonment of the driver. I am yet to see the edict passed by the Lagos State Assembly to support the law. (Even though it would be unconstitutional if it did so)

Now, I have no problem with the one year imprisonment of the driver, but why punish the owner of the vehicle for a crime he knows nothing about?
I have 3 vehicles plying Lagos roads everyday. Even though I put it in their ears everyday to obey traffic rules, why will the Lagos State Government confiscate my vehicle if one of the drivers decides to go rogue? If it was to be a reasonable fine. I would pay the fine and deduct it from the drivers salary, but how would I deal with the impounding of my car?
Don't forget there might be all sorts of obligations on the car - Loan, lease, insurance, etc.

Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by wowcatty: 11:20am On Sep 17, 2022
The fact that some people still want to break the law after knowing this shows that the govt is right, the drivers will do worse if the laws are not in the book. It won't be unconstitutional to protect lives and properties by the state f the lawmakers are derelict of their duties.

That would mean you are cutting a good deal for yourself by saying the driver can go to jail as long as you have your car back. Why do owners not pay to get their cars back?

Who keeps giving cars to drivers who can't obey traffic laws

This is simple, people need to obey the law or pay the price. Nigeria can't be an all round lawless place, their should be accountabilities. We love all first world stuff but with medieval attitude, it doeqork that way.
wirinet:


Lagos State Government officials have been telling us that the law for driving against traffic (one way) is confiscation and auction of vehicle as well as one year imprisonment of the driver. I am yet to see the edict passed by the Lagos State Assembly to support the law. (Even though it would be unconstitutional if it did so)

Now, I have no problem with the one year imprisonment of the driver, but why punish the owner of the vehicle for a crime he knows nothing about?
I have 3 vehicles plying Lagos roads everyday. Even though I put it in their ears everyday to obey traffic rules, why will the Lagos State Government confiscate my vehicle if one of the drivers decides to go rogue? If it was to be a reasonable fine. I would pay the fine and deduct it from the drivers salary, but how would I deal with the impounding of my car?
Don't forget there might be all sorts of obligation on the car - Loan, lease, insurance, etc.

Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by omonnakoda: 6:16pm On Sep 17, 2022
Hypocrites everywhere . The same people would have no problem with cows being auctioned for unlawful grazing
It is painful but the purpose is to act as a deterrent. When you know the consequences you will think twice and endure the traffic. Those who do are not fools
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by omonnakoda: 6:38pm On Sep 17, 2022
wirinet:


Lagos State Government officials have been telling us that the law for driving against traffic (one way) is forfeiture and auction of vehicle as well as one year imprisonment of the driver. I am yet to see the edict passed by the Lagos State Assembly to support the law. (Even though it would be unconstitutional if it did so)

Now, I have no problem with the one year imprisonment of the driver, but why punish the owner of the vehicle for a crime he knows nothing about?
I have 3 vehicles plying Lagos roads everyday. Even though I put it in their ears everyday to obey traffic rules, why will the Lagos State Government confiscate my vehicle if one of the drivers decides to go rogue? If it was to be a reasonable fine. I would pay the fine and deduct it from the drivers salary, but how would I deal with the impounding of my car?
Don't forget there might be all sorts of obligations on the car - Loan, lease, insurance, etc.

If such a law (forfeiture) existed why would it be unconstitutional?

Forfeiture can apply to any "crime" if legislated e.g . drug trafficking

There is a court process. E.g if my car is stolen and involved in a traffic offence there is redress
All I see is you whipping up emotions on things that do not exist.

Before any car goes to auction there will be a court order .The onus is on the owner to go to court to argue and put up a defence.

In some countries if you pack your car illegally it is towed away and after a set time it may be crushed as scrap.

REPEAT ANY CAR AUCTIONED IS SOLD AFTER A COURT ORDERS IT . That is what happened COURT ORDER
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by omonnakoda: 1:24am On Sep 18, 2022
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by JudahTheDream: 4:17am On Sep 18, 2022
Honourable1901:


Bro my dad is a law abiding citizen and understand traffic laws ... ignorance isn't an excuse

looool! Is like u are new in lagos abi? Na today u dey hear say ur lastma dey commot road signs? If u neva hear an example is d one wey dem dey do for oworoshoki after zenith bank, the one for inside ikeja for littlefish side, festac etc U are still a novice to lastma n police games? U think everything is about the offenders going against d law? Have u heard d word "set up" or d street word "plan work" Lol
oh! Maybe u neva enta wahala 4 all ds yeye lagos law enforcers abi? Don't worry ur turn dey come,u will remember ds day then n ur overtoo know omni-knowest gene inside u will ring d alarm in ur ears "IGNORANCE ISN'T AN EXCUSE" lol
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by Honourable1901(m): 8:16am On Sep 18, 2022
JudahTheDream:


looool! Is like u are new in lagos abi? Na today u dey hear say ur lastma dey commot road signs? If u neva hear an example is d one wey dem dey do for oworoshoki after zenith bank, the one for inside ikeja for littlefish side, festac etc U are still a novice to lastma n police games? U think everything is about the offenders going against d law? Have u heard d word "set up" or d street word "plan work" Lol
oh! Maybe u neva enta wahala 4 all ds yeye lagos law enforcers abi? Don't worry ur turn dey come,u will remember ds day then n ur overtoo know omni-knowest gene inside u will ring d alarm in ur ears "IGNORANCE ISN'T AN EXCUSE" lol


Lol
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by BluntCrazeMan: 3:24am On Oct 19, 2022
nlfpmod:


https://twitter.com/InibeheEffiong/status/1570777678940360704?t=0zxAS-t_G1eLnule2GgWLg&s=08
Then he should challenge such Lagos State Law in a Federal High Court in Another State other than Lagos.
Re: Vehicle Confiscation By Lagos State Is Unconstitutional & Void - Inibehe Effiong by Nobody: 12:55pm On Mar 02, 2023
ogbonti:


The laser focused dexterity exhibited by the Lagos State State Government in auctioning those cars at ridiculously give away prices - and also preventing the "original owners" from bidding to buy (back) their cars amplifies the skepticism out there that this whole activity was not done in good faith. If the sole purpose of auctioning the cars was to punish the violators, then the violators have been "sufficiently" punished because they were made to pay the fine - which is the buy back for a car they once bought in full.

So, if this is not a process tainted with malicious intent, why were they prevented from the buy back process? why take it personal? Or were the cars meant to reward some loyalists to the APC who were looking to get cars at ridiculously cheap prices? I can't understand.

The laws are mean to moderate the ferocity of "unguided" human actions and must never be stimulated by elements of crude barbarity!

It is barbaric to impound and auction a car for breaking traffic laws when the violators are available to serve jail terms, and or pay fines.

It is never done in the western world - but this is typical Nigeria, politicians drive and break traffic rules everyday and no one impounds their cars - it's different strokes for different folks - The revolution is coming, and ENDSARS will be a child's play!!!

Its only in the south we hear of impound, customs never impound vehicles slipped from the North. This activity is a racket, its the same custom officials who make it possible to smuggle vehicles into the country without duty, they then ambush the owners and collect their cars and sell to their cronies for cheap. This is grand theft auto.

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