Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,153,385 members, 7,819,394 topics. Date: Monday, 06 May 2024 at 03:31 PM

Branhampaul's Posts

Nairaland Forum / Branhampaul's Profile / Branhampaul's Posts

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (of 40 pages)

Religion / Re: CAMA: FG Says Religious Bodies Must Submit Details Of Their Finances by branhampaul: 6:22pm On Aug 22, 2020
muykem:
There are some aspects that make sense in the law. I will not like a situation where people will formed NGO include churches and turn it to family business also. However government should understand that spiritual issues is different from physical issues. I therefore suggest that government should not intervene in church affairs except the church is going contrary to its own constitution.
Could you, without verbosity explain, how auditing a religious organisation finance [church is the members] is an issue of "spiritualism"?

4 Likes

Politics / Re: Ize-Iyamu: "I Am A Senior RCCG Pastor, I Preach Every Sunday" by branhampaul: 6:08pm On Aug 22, 2020
BlackfireX:
Nigeria is a comedy...



I will rather vote for an atheist, than this pastNtoor.
I can tell when there is contempt insinuated. You hinted contempt against atheists in your above statement. With this your line, "I will rather vote for an atheist", it seems to be that you are insinuating that an atheist ought not to be voted-for in the first place, so you will rather.
If I may bring you back to normalcy and correct your state of mind:
an atheist is a normal like every normal, even more normal;
an atheist is capable of leading;
there are well-doing organisations running which are led by atheists; and atheists have their "acts" together unhindered by influences or sentiments (religious, or whatsoever).

And for elections, a person having a religion does not mean that he can rule better, in fact, the converse is likely to be the situation.

1 Like

Politics / Re: The Right Time For Niger Delta Developments by branhampaul: 12:43pm On Aug 22, 2020
The OP dey dreamland; only goodness knows if the OP is not currently masturbating.
Politics / Re: Falana Breaks Silence On CAMA Law, Says It Was Badly Drafted by branhampaul: 12:39pm On Aug 22, 2020
As regards the constitutionality of the law in relation to associational rights, the Nigerian Supreme Court will have the final say. That is the beauty.

Many law suits are preparing to erupt from this so-called new law (CAMA). Looking forward to soak myself in the wisdom of the Nigerian Courts.

wink (✷‿✷)
Politics / Re: Vote For Me, I’ll Work For You, Obaseki Tells Electorate by branhampaul: 12:26pm On Aug 22, 2020
Obaseki is 4 + 4.

Obaseki is doing well as my governor; common sense only demands his re-election in order to continue the good works already started. We cannot afford to re-emerge another "occupier" to come discontinue what Governor Obaseki has started, as is prevalent in the Nigerian polity - mostly, when a new "occupier" gets elected the "occupier" does not continue where the previous ended, but starts its' own movement afresh; in my own submission, this is very detrimental to progress.

This is why Governor Obaseki should be re-given the platform to finish his "some already" started work.

Obaseki will earn my vote!
He should earn yours too!
Vote with common sense!
Obaseki for Governor!
Education / Re: UNILAG Crisis:Buhari Constitutes Visitation Panel, Suspends Babalakin & Ogundipe by branhampaul: 11:24pm On Aug 21, 2020
Baba neva talk for NBA matter.
Politics / Re: El-Rufai: Yobe NBA Joins Protest by branhampaul: 11:22pm On Aug 21, 2020
Nah only northern states dey release press since. Tribalism bad. �

35 Likes

Politics / Re: Osinbajo Advocates Videoconferencing Software For Nigerian Courts by branhampaul: 7:55am On Aug 21, 2020
No doubt, technology will be good for the judiciary in times like this, and even for times not like this; but, I submit, this technology will have to be restricted to the hearing of motions, appeals, or any process which does not involve the hearing of witnesses.
For the hearing of witnesses, we cannot do away with the physical courtroom where everyone, especially the judge, has to see and watch the demeanor of the particular witness (even the accused not yet testifying) currently testifying. This demeanour gauging helps in the reaching of verdict for the judges and aid His Lordship's assessment (or say evaluation) of the respective testimonies. This is the super-riding sweetness of physical courtrooms in the administration of justice in trials.
Concluding, I do not think technology can replace this aspect of trials. Though technology looks indeed promising, but it should be restricted for non-trials.
Phones / Re: Is There Any Risk In Buying Phones From Jumia? by branhampaul: 9:57am On Aug 20, 2020
Jumia is a good platform for purchasing. I have purchased more than ten articles from Jumia.
If you intend to buy a phone, go ahead. Unlike many physical stores, Jumia gives you the ability to return any goods not good in accordance with its' description, within seven days. Go ahead.
Politics / Re: Reasons Why El Rufai Will Not Address Us by branhampaul: 9:50am On Aug 20, 2020
A good read.

1 Like

Celebrities / Re: Erigga Set To Wed, Releases Pre-Wedding Photos by branhampaul: 9:12pm On Aug 19, 2020
shadrach77:
What is this world turning to when a so-called bride is dressed like a prostitute for a photo shoot? SMH! undecided

You are still in the past. There is no wrong with the dress.
Politics / Re: So Goodluck Jonathan Failed In Mali, As He Failed Nigeria?? by branhampaul: 7:52pm On Aug 19, 2020
NgeneUkwenu:
This goes to show that if you are useless, you are useless....No comma, No Full Stop..


Jonathan Is A Complete Failure.
Only a true failure will write such.

3 Likes

Culture / Re: Discord Server For Africans! Feel Free To Join by branhampaul: 9:55pm On Jun 20, 2020
akinelli:
Hey!

So, I have a discord server for people interested in African politics, history and culture. Feel free to join if you want to talk to others about this kind of stuff! https://discord./UQgYQ7
Link expired. Resend. Thanks.
Science/Technology / Re: Zoom, Skype, Hangout Or Houseparty, Which Is The Best For Video Conferencing? by branhampaul: 7:13am On May 20, 2020
Discord is nice. Try it out.
Computers / Re: Zoom The New Video Conferencing: How To Use It Like A Pro by branhampaul: 7:12am On May 20, 2020
Does Zoom come anywhere close to Discord?
Phones / Re: How Much Is Redmi Note 8 And Redmi Note 7 Respectively? by branhampaul: 3:35pm On May 15, 2020
dollynnn:
how much is Redmi note 8 and Redmi note 7 respectively?
Redmi 8 - #72,000
Redmi 7 - about 60 something.
Phones / Do You Know Of Any Solar Panel Made Specifically For Laptops And Phones? by branhampaul: 3:10pm On May 15, 2020
As having constant electrical light is an issue in our country; I will like to know and have/own a solar device (panel) that is not expensive but can be used for charging phones and laptop. If you know of any, and how I can buy, let me know.

����� ���.
Health / Re: Coronavirus: Apostle Johnson Suleman 'Exposes' COVID-19. "Worse Coming In 2022" by branhampaul: 10:42am On Mar 29, 2020
Lamb101:
The carnal man cannot understand the things of the spirit for they are foolishness unto him.
Obvious; you are continually on a frolic of self-deceit. Most religious humans say this when they have nothing to reply with or when something against their religion is open-and-shut. Excuses help not!

2 Likes

Phones / Re: How To Send Free SMS On MTN Via MTN Online App by branhampaul: 3:55am On Mar 29, 2020
Thank You,
Education / Re: 8 Things You Should Never Post On Any Social Media Be Wise by branhampaul: 5:57pm On Mar 15, 2020
La click la go

1 Like

Politics / Ten Years Imprisonment For Using Generator - A Bill by branhampaul: 11:41pm On Mar 12, 2020
TEN YEARS IMPRISONMENT FOR USING GENERATOR - A BILL: UNCALLED-FOR, UNDEMOCRATIC, AND A CATALYST FOR DISGUST.

By

B. PaulPipAr Chima
3L, Faculty of Law, Uniben.



INTRODUCTION AND OVERVIEW OF THE BILL!

Before my ink bleeds, I will like to point out what Femi Fani-Kayode wrote on his Twitter page, he wrote, "The Senator that sponsored the Bill to ban generators in Nigeria & send those that sell or use them to jail must be insane. He ought to be tied up, placed in a straight jacket, put in a strong sack filled with weights & dropped in the deepest & darkest part of the Atlantic ocean." I dissociate myself from this assertion by Kayode as it appears too extreme and puerile in my view. However, such statements and a host like that flooded in the social media space goes to exhibit the "depth of hatred" and uncomfortability Nigerians have for this particular bill introduced by Senator Bima Enagi, which has passed its' first reading in the Senate on its' way to becoming a law.

In essence, the bill seeks to "prohibit/ban the importation of generating sets to curb the menace of environmental (air) pollution and to facilitate the development of the power sector"; the bill provides ten years imprisonment for any person who sells generator sets. Those exempted from its' provisions are those who will obtain and be granted permission from the relevant governmental authority stipulated therein and those who use generators for Medical purposes, Airports, Railway stations/services, Elevators (lifts), Escalators, Research Institutions, and Facilities that require 24 hours electric power supply.

This write-up shall dissect issues regarding the bill and analyse the current Nigerian milieu in regards to power/light supply.

THE CURRENT STATE OF POWER SUPPLY IN NIGERIA!

We need no glorified statistics to inform us of the current state of epileptic supply of light/power in the Nigerian polity. Nigerians, each and every day, lament the poor supply of light/power needed to sustain businesses or store items in the fridge. Power/light is something so fundamental in the Nigerian polity that it has often been said that if power/light supply should increase then most businesses will boom; but currently, seeing an increment in the way power/light is supplied is a guess good as seeing a river in the Sahara desert.

We hear via radios and televisions how the supply of power/light in Nigeria gets worsen as each day passes by - we hear and see groups of persons protesting to the holding companies due to lack of electricity; so, in tidiness to curb this epileptic power supply, Nigerians utilise generators for their businesses.

In the first instance, if there be a reasonable supply of electricity, no businessman will be happy to be in perpetual use of generator sets, considering the amount of money spent on fuel and repairs of generators, for his business. As we can see, generator is the main source of light/power to the average Nigerian businessman or woman. If there be no such thing as a generator, one roams around "wonderness" as to how businesses that rely on light will be able to survive in this somewhat described "shit-hole" country. It will not be false to say that in every 20 Nigerian, not less than 15 have a generator in his/her house. Even the past celebrated Christmas and New Year, there was no power/light supplied in many areas. Imagine such days as Christmas and New Year which comes only once in every year having no light for celebration - most people had to celebrate these holidays with their generator sets. In all honesty, the supply of light in the average Nigerian household, is as poor as Lazarus in the Bible. More need not be said about this as it brings bad memories.

WHY GENERATORS ARE USED IN NIGERIA?

Generators are used in the Nigerian polity to cater for the epileptic supply of light/power by the power holding companies. Generators have substituted the "AC power supply" and it is doing a good job. It follows logically, that if there be more light/power supplies for houses and businesses, there would be no need, on a average, for the acquiring and powering of generators. The contrary is that, if the power supply is poor, in other to meet-up for business needs and comfort needs, Nigerians will have to do with generators as this is the present suitable option available.

IF GENERATORS ARE BANNED WITHOUT AN INCREASE IN POWER SUPPLY?

There is only one reasonable conclusion that we can reach if generator use is banned and power/light supply is not upsurged to meet business needs, such conclusion is that, Nigeria will become a deeper "shit-hole". Before thoughts on generators ban should be conjured, the issue of power supply needs to be addressed. The rise in the supply of power ought to be the main focus of Senator Bima Enagi who introduced the "generators ban" bill. Consequent to what I stated above, if power supply be upsurged, Nigerians need not be told to do away with generator sets - no average man will enjoy spending money on fuel and generator repairs. It is commonsensical that no average man will go ahead to switch on his generator thereby burning his' fuel and other materials when there is power/light.

I recommend, instead of the generator ban, the improvement of electricity in the country. Nigeria is not ripe for the imprisoning of hustlers for using generators when a better means is not available. To me, the banning of generator is undemocratic; such law does not and will not accord with the Nigerian polity as far the present state of electricity supply is in infancy. Democratic laws are laws that accord with the people; Democratic laws are laws that the majority of the populace will be willing to support. Laws that more than 90% of the populace frown against will no where enjoy popularity.

It discombobulates me that in a country, such as ours, where there is often no light and where people survive with generators, a law maker will be audacious to introducing a bill to ban the use of generators. Bills like this call into question the sanity of some of our leaders.

Postulating the law as a way of curbing environmental pollution is non-sequitur and a fallacy in its' basic level - as it is not just generators that contribute to environmental pollution/degradation; if environmental reasons are the main, then cars emitting carbon dioxide should be banned as well; big tippers and their likes should be banned as well; all these contribute to environmental pollution.

CONCLUSION!

From inference, it seems like Senator Bima Enagi who introduced this bill never consulted his constituents before making such ridiculous bill. If he had, such bill cannot survive blinks for two seconds!

As a Senator representing a constituency/district, it is proper to carry along the people who voted you in if you were voted in, when it comes to introducing a bill in order to see what they think about it and if they endorse it. Doing such makes the notion of democracy proud!

As a Senator you are not there to represent your feelings or your family members only, but also the feelings of the people who voted you in. You cannot have a bad night and then decide to introduce something outrageous. It is disdainful and disgraceful. Trying to ban generator will not work in Nigeria, when the power supply is poor. How do common sense and subjective conscience see the notion of imprisoning a fellow man for 10 years just because he used a generator? Laws are made for man, not man for laws! Laws are to keep up with the times!

There are many issues to solve rather than thinking of banning the use of generators! Herdsmen are on a frolic killing people in towns, not theirs, and what is being done about such? Banning generators?

We should be guided!

1 Like

Education / Re: Introduction To Nigerian Criminal Law - History And Sources Of Nigerian Crimina by branhampaul: 5:36pm On Jan 28, 2020
Thank You, for this write-up.
Appreciated!
Nairaland / General / My Concept Of Life by branhampaul: 12:05pm On Jan 19, 2020
MY CONCEPT OF LIFE

Date: 19th January 2020

Everyday we wake up after sleeping the previous day; that is life; life continues everyday. In this life, in order to be alive and live, we eat and take good care of our health. In order to be able to take good care of our health, we need money; so money is something so vital to our existence. Without money there is little or no life.

In this life we have friends; sometimes we make enemies. Who are enemies? Those that we see as threat to our existence. However, the cause for enemies are usually over-rated. If two perceived enemies can decide to stop seeing themselves as enemies life will be better. There is more strength exerted in maintaining the relationship of enmity; why not just see the person as a normal being where there is no friendly connection between the both parties. Hence, when you see each other for the first time in a day, you should greet each other.

Life is short and anything that will make your life to be regretted or uncomfortable is not worth it; it is not profitable to step in that path. So keeping enemies or bad memories is a total waste of time and energy. Enemies and bad memories are not worth it; there is no way they make life comfortable.

Life should be lived to the fullest; enjoy all it has to offer with caution. Eat! Exercise! Listen to music! Watch movies!

It is good for you to save money but do not save money to the extent that you do not have to spend money for yourself or feed your family.

Knowledge is good; so at all opportunity try as much as possible to acquire knowledge; go to school - you also acquire knowledge by being in school. Life is based on who knows more, that is why when companies want to employ they ask for a requisite skill; they do not employ and train the person. As a human being, you have to make yourself sellable - have skills.

Learn to be persuasive, you will live your whole life trying to convince people to accept your point of view or to buy a product or take a certain decision. So persuasiveness is the sure way you can get people to believe in what you say or do what you want them to do.
As part of being persuasive, you will have to dress well. Dressing well could make you convince another without even you opening your mouth. People will respect those who deserves respect. A mad man is not persuasive, neither most times are poor people persuasive. Even if you do not have money, dressing well could tell people that you have money. People respect those who have money far more than those who do not have money. Why? Because you having money has a way of showing that you are more knowledgeable, skilled, hardworking, and that is why you were able to get money. Dress well! You do not have to spend much money in order to dress well. Know what to wear.

In life, be honest and have integrity. Say the truth and only tell a lie when it is deserved. Tell a lie because most times some people do not deserve to hear the truth; your lie can save a soul. However, in all other cases, tell the truth.

- PaulPipAr
http://paulpipar.cf/articles.php
Education / The Importance Of Discipline by branhampaul: 11:54am On Jan 19, 2020
THE IMPORTANCE OF DISCIPLINE

Date: 19th January 2019

In an article I wrote a week ago, I mentioned that the distinction between a student who scores high in an exam and he that will not score so high is discipline. One passing an exam most times rely on one's knowledge about that course and it takes reading to acquire that knowledge, it very much itself takes discipline to acquire knowledge by settling down to read. So looking at it, discipline really comes into a major play.

Discipline is the ability to control oneself in doing an activity. Discipline is a good virtue because a person who has it will be more focused. A man who lacks discipline cannot be focused. It takes discipline to say, I will do this tomorrow and still end up doing it. But a man who lacks discipline is more prone to procrastination. And, procrastination most times has more disadvantages than advantages. You will keep postponing events and will not get them done on time. Such is not good for a person who wants to be successful. A successful man when he says he is going to do something will work towards it. And it takes discipline to work hard to get that thing.

When you say you are going to read a book for 2 hours, discipline will make you sit and fulfil the reading for 2 hours. An indisciplined person is more likely to be be distracted by social media, friends, or any distracter. I believe that discipline takes practice and most times comes from "will". There is no miracle to it, just be sure of what you say that you will do and do it.

Discipline will set you apart from a lot of people. Discipline will put you ahead alot of people.
Discipline will make you stand out.

Be disciplined!

- PaulPipAr
http://paulpipar.cf/articles.php

1 Like

NYSC / Nysc - Females Compulsory Wearing Of Trousers; An Infringement? by branhampaul: 11:29am On Jan 19, 2020
NYSC - FEMALES COMPULSORY WEARING OF TROUSERS; AN INFRINGEMENT?

Date: 19th January 2019


by
Branham PaulPipAr Chima
3L, Faculty of Law,
University of Benin.


INTRODUCTION

So, it has fallen on the ears of the deaf the alleged maltreatment of some NYSC corps members. I am referring to those set of corps who have remained dogged in serving the nation with "putting on skirts". There was a recent protest by some corps members under the aegis of "serve with skirts movement". These persons gave for their non-wearing of trousers as a result of their religious affiliations. Religious affiliation is something so paramount that even the Constitution of the Federal Republic of Nigeria gives credence to it; I will reference this aspect later in the analysis section of this write-up.

The issue of whether NYSC corps members should be allowed to wear "skirts" has raised many waters of opinions - though opinions are scarce on this aspect of our national issue; this write-up shall add to the "so far gotten" view on this issue.

This write-up shall analyse the relevant legal authorities regarding this issue, including the Constitution of the Federal Republic of Nigeria; further this write-up shall rebut some popular points regarding why NYSC female corps members should be forced to wear trousers. Hence, I am of the position that the female corps members who want to wear skirts, and not trousers, for religious reasons, and serve, should be given the liberty to so do - for this is their right guaranteed.

This write-up should apply to exemptions based or related to religious belief, as far it is conscientious.

RELEVANT AUTHORITIES

Section 34 of the Constitution of the Federal Republic of Nigeria 1999 (hereinafter referred to as, CFRN 1999) "(1) Every individual is entitled to respect for the dignity of his person, and accordingly - (a) no person shall be subject to torture or to inhuman or degrading treatment;"

Section 38 of the CFRN 1999 provides, "(1) Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance. (2) No person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if such instruction ceremony or observance relates to a religion other than his own, or religion not approved by his parent or guardian."

Section 8 under the Code of Conduct, NYSC BYE-LAWS (revised 2011), provides "8. Wear the various Uniforms provided for the activities. Any member who refuses, fails or neglects to comply with this rule shall be tried by the Camp Court and, if found guilty, be liable to be decamped and sent out of the orientation camp;"

Section 315(5) of the CFRN 1999 provides, "Nothing in this Constitution shall invalidate the following enactments, that is to say - (a) the National youth Service Corps Decree 1993;"

In Uzoukwu v. Ezeonu II (1991) 5 NWLR (Pt. 200) 708 at 761, per Nasir, PCA as follows: "It may be recalled that human rights were derived from and out of the wider concept of natural rights. They are rights which every civilized society must accept; as belonging to each person as a human being. These were termed human rights. When the United Nations made its declaration it was in respect of 'Human Rights' as it was envisaged that certain Rights belong to all human beings irrespective of citizenship, race, and religion and so on."

ANALYSIS

Corps members are human beings like you and I; they deserve every respect that every other human being deserves in the course of his living on earth, particularly Nigeria. The Constitution of the Federal Republic of Nigeria contains provisions that protect every citizens' right; and being that the Constitution is the grundnorm of every other law, its' provisions are superior in the hierarchy of laws and must be obeyed.

Section 34 of the Constitution as provided above is to the effect that every individual is to be respected, and by that fact, no person shall be subjected to inhuman or degrading treatments. Plain fact: a person is not respected when his' decisions and beliefs, which are not inimical to the society, are not respected. The dignity of a person includes that person's way of life, the way he or she wants to appear. Hence, the clothing that a person has chosen to wear is parts and parcels of who that person is - and such must be respected especially on religious or faith grounds.

When people are forced to do what they do not want to do, it is torture. Especially when the person is a free citizen and of a legal age. Torture includes the subjecting of a person to a situation that he or she does not like. The NYSC female corps members have come out to speak on their reason(s) for not wanting to wear trousers in serving the nation, for religious grounds.

Religion is something so big in our contemporary society and which has taken a footing in the nation. Different people are subscribed to several religions and we owe one another a duty to respect each person's religion, including beliefs. Many people see religion as a way of life; for many, God speaks to them through their religion and hence anything that deviates from what God has communicated is a NO for them. So many has made religion a "meat and potato" of themselves and so it has become what gives them pride, hence, dignity.

The NYSC corps members who see religion as an important part of them need to be respected because this has become a part of their dignity. And section 34 which is a fundamental rights provision guarantees the respect for a person's dignity. A fortiori, section 38 guarantees the freedom of a person to thoughts and religion; and subsection 2 of the same section is to the effect that a person shall not be forced to receive observance(s) that is contrary to his' religious affiliation. Hence, any observance that is not in tune with a person's religion is to be discarded - such person is to be exempted from such observance, and the law backs up such person.

These preceding position has moved to show how a person's belief or religion is of delicate importance and which must be respected. The NYSC compulsory service is an integral part of a person's education in Nigeria, and the Nigerian Constitution is to the effect that no person receiving education shall be forced to accept observance contrary to that person's religion.

Section 8 under the Code of Conduct, NYSC BYE-LAWS, is to the effect that a person is to wear uniforms provided at his camp for activities. This is a nice provision as it goes to show that the NYSC committee has made plans for the provision of uniforms for corps members, and as usual these uniforms have a colour that distinguish it. Now this uniform according to present practice is the wearing of trousers and several other peripherals. Many ladies wear trousers and obey these directives; but what about those who have refused to wear trousers due to one reason or the other, particularly religious reasons, should they be forced to wear trousers? My answer to this is a NO.

These set of persons who have refused to wear trousers are doing so for a respectable reason; of course, religion is to be respected. Many religions believe that ladies should not wear trousers as it is a sin against their God. We all have beliefs which we adhere to, and in all honest truth, we would want our beliefs to be respected; the issue of them not wearing trousers is their belief and it should be respected likewise.

For whatever advantageous reasons the introduction of trousers might have being, the dignity of a human who has chosen not to wear trousers should be respected. These ladies have come out to say that they can perform whatever job that will be given to them even at still wearing their skirts, it is superb reasonable to let them go ahead and wear skirts. Does it make sense to force a person to do what he does not want to do, NO! Forcing a person to do what he does not agree with is tantamount to disrespecting such person's dignity and section 34 of the Constitution 1999 frowns against such.

Whatever punishment that is placed for the non-acceptance of wearing trousers should be junked. Nigeria as a country is far bigger than this issue of trouser wearing. There are more important things that we should occupy our minds with, instead of this issue of forcing some set of ladies to devoid their beliefs for the sake of wearing trousers.

Some might say that the Constitution of Nigeria by section 315(5) absents the human rights provisions from applying to the NYSC, however, it should be noted that human rights are something so fundamental which cannot be denied of a person. The respect for dignity and religion are rights which are human and fundamental. This position has been given judicial stamp. In Uzoukwu v. Ezeonu II (1991) 5 NWLR (Pt. 200) 708 at 761, per Nasir, PCA, "It may be recalled that human rights were derived from and out of the wider concept of natural rights. They are rights which every civilized society must accept; as belonging to each person as a human being. These were termed human rights."
This Court has in this case given the clue that human rights are inseparable from the human being itself. Without fundamental and human rights accruing to a living human being such human being is not living but dead. Any other provision might be excluded from applying to the NYSC but the portion of human rights as contained in Chapter 4 of the Nigerian 1999 Constitution cannot be excluded no matter whatever because it is parts and parcels of the human being.

REBUTTALS

Some persons have dented some points by saying that the uniform is like every other profession where uniforms are required, and that if such in that field is not exempted why should the corps members be exempted. Excuse me, there have been no issue of dress code in other professions based on religious grounds. This issue of "skirts and trousers" under dissertation pertains to a religious issue which is very important. If a religious issue(s) be raised in any other profession, it has to be determined and solved as necessary. But I must state, issues of religion, beliefs, and thoughts, as guaranteed by the Constitution must be respected.

CONCLUSION

It is obvious from the analysis provided above that the issue of forcing ladies to wear trousers in the NYSC camp centres is an infringement on their fundamental and human rights. Sections 34 and 38 gives them the right to a respected dignity, belief, and thought/religion.

The rights of a human being must not be stepped on, and so as far as those complaining have stated that the wearing of trousers infringes their religious beliefs, they must be listened to.

Further, there have never been a report of ladies who wear skirts performing less. Ladies should be allowed to wear skirts for NYSC services but they should be regulated so as to not dress provokingly or unprofessionally.

http://paulpipar.cf/articles.php
Phones / Re: Are You Experiencing Slow Data Speed On MTN & Did You Get This Message? by branhampaul: 2:26pm On Jan 18, 2020
daveP:
Very!!!


Mtn customer care services have been apologizing on Twitter since last week Saturday... I wonder wassup with them.


Look like they've taken us back to 2003/4 era where we have to stand at one spot in a room/compound for that "rolling globe" to make the "E" catch network...


Im disappointed in MTN. Very!!!


Seems Glo is tryna form tag team with them to provide bad network services.




They sent apology messages though....


But i wonder what's up right now.


Even the data finishes in days.


I wonder how Whatsapp and Nairaland usage in 24hrs can take half of 1.5gb data plan.....

WhatsApp status is drinking your mb. sad

1 Like

Politics / Re: Amotekun: Arrest Yoruba Leaders - Miyetti Allah Tells FG by branhampaul: 2:05pm On Jan 18, 2020
Does this guy know what immunity is? How can serving governors be arrested?

146 Likes 7 Shares

Art, Graphics & Video / Re: I Need Voice Actors. URGENT!! by branhampaul: 1:22pm On Jan 18, 2020
Zero 8 zero 677 four two nine 12
Politics / Amotekun: Argument For Its' Constitutionality! by branhampaul: 1:08pm On Jan 16, 2020
AMOTEKUN: ARGUMENT FOR ITS' CONSTITUTIONALITY!


Branham PaulPipAr Chima
3L, Faculty of Law,
University of Benin.


INTRODUCTION

The people living in the south western region of Nigeria have cried so much because of the injustice of kidnapping, farm terrorising, and armed robbery afflicted upon them. These acts are shown in [1]:

"the kidnap of the former Secretary to the Government of the Federation, Olu Falae, by herdsmen right on his farm in Akure";

"the Ondo State Governor, Rotimi Akeredolu, at the time also told his rather interesting story of his encounter with the armed men, who attempted to halt his convoy and attack him, but he managed to escape";

"In addendum, the painful murder of the daughter of the Afenifere, Reuben Fasoranti, by suspected herdsmen along Ore road shocked all";

"Olufunke Olakurin, was shot while on her way to Lagos by masked hoodlums after a visit to her father in Akure on June 23, 2019."

These heinous acts have led the six governors of the south western states which include: Lagos, Ogun, Oyo, Ondo, Osun, and Ekiti to form a security outfit known as the Amotekun. The decision by the governors of the south western states to initiate "Operation Amotekun" was attained in Ibadan in June 2019, at the regional security summit in Ibadan. As stated earlier, the summit was a response to the exacerbating security situation in the region. We are made to believe that the Amotekun be seen as a security outfit that will complement and aid the Nigerian police force in the upkeep of security in the south western region of the country.
However, with the introduction of the Amotekun, there have been waters of opinions as regarding its constitutionality. Opinions have amassed from several individuals, famous and non-famous, as regarding whether or not the security outfit "Amotekun" is contrary to the Nigerian 1999 Constitution of the Federal Republic of Nigeria.

This write-up promises to look into the constitutionality of the Amotekun and will argue for its' support to stop the unjust mayhem going on in the region. This write-up shall hence compound the relevant laws and argue for its' constitutionality.

RELEVANT AUTHORITIES

The laws which are relevant to properly dissect this issue include:
The Preamble to the Constitution of the Federal Republic of Nigeria 1999 (hereinafter, described as CFRN 1999) provides, "And to provide for a Constitution for the purpose of promoting the good government and welfare of all persons in our country";

By s.5(2)(b) of the CFRN 1999 a state's governor power, "shall extend to the execution and maintenance of this Constitution";

By s.5(3) of the CFRN 1999, "the executive powers vested in a State under subsection (2) of this section shall be so exercised as not to: (a) impede or prejudice the exercise of the executive powers of the Federation;"

By s.13 of the CFRN 1999, "It shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of this Chapter of this Constitution."

By s.14(2)(b) of the CFRN 1999, "the security and welfare of the people shall be the primary purpose of government";

By s.214(1) of the CFRN 1999, "There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section no other police force shall be established for the Federation or any part thereof.";

Item 45 of the Exclusive Legislative List, "Police and other government security services established by law."

By s.20 of the ACJA 2015, "A private person may arrest a suspect in Nigeria who in his presence commits an offence, or whom he reasonably suspects of having committed an offence for which the police is entitled to arrest without a warrant.";

ARGUMENT

It is to be well noticed that the backbone of every law is Common sense. When the Constitution is to be interpreted, regard is to be paid to Common Sense, and not an odd interpretation of the provisions of the constitution that will lead to absurdity or what the drafters of the constitution never intended. Common sense is reason; laws are and must be reasonable.
The concept of paying homage to Common sense when interpreting the provisions of the Constitution have been given judicial approval. First, in the case of INEC & ORS. v. HABUHASHIDU & ORS. (2008) [2], the Court of Appeal stated that "The Court is bound to apply COMMON SENSE in the construction of statute"; further, in MBA v. MBA (2018) [3], the Supreme Court stated: "Where facts and circumstances are presented to the Court from which the Court exercises its discretion, it should be guided by law, justice and COMMON SENSE." From the preceding cases, and even without them, Common sense is a phenomenon so vital and which must be placed and used as a barometer in the interpretation of a statute. This is because, a law that is not in accord with Common sense is not a reasonable law and does not accord with the people – Common sense is what most people can relate to. For instance, a landlord of a house put 7pm as the time for the compound gate to be locked and anyone who comes after will not enter; however, if events turn that there is always "Hold-Up" on the path to the said house, Common sense automatically tells us that such law will have to be amended to suit the prevailing circumstance.

The constitution of the Federal Republic of Nigeria is the grundnorm of all laws that govern the people of Nigeria. It is such that if any other law contravenes it, that other law must be void – and also, if the Constitution does not expressly or clandestinely prohibits an act, it is wrong for any other law to do so; every law or act must be gauged with the provisions of the Constitution. This position was stated in The Federal Republic of Nigeria v. George Osahon & Ors (2006), where Alfa Belgore JSC (as he then was) stated, "Constitution of any country is the EMBODIMENT of what a people desire to be their guiding light in governance, their supreme law, FOUNTAIN of all their laws. As such, Constitution is not at any given situation expected to or presumed to contain ambiguity. All its provisions must be given meaning and interpretation even with the imperfection of the legal draftsman. COMMON SENSE must be applied to give meaning to all its sections or articles."; in the CFRN 1999 are contained some provisions that deal with the subject matter of this write-up.

Section 14(2b) of the CFRN 1999 is to the effect that "the SECURITY and WELFARE of the people shall be the PRIMARY purpose of government". From this preceding provision it is fulgent that the primary purpose why the government exist and what government officials must do, is to provide security and uplift the welfare of the citizens. Hence, any government that is not doing this or making efforts to achieve this, is a failed government; is a government that does not care for the welfare of his citizenry, and thus neglects the wellbeing of its' citizenry. To further buttress the role, Section 13 of the CFRN 1999 is to the effect that "It shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of this Chapter of this Constitution". Now section 14 and section 13 provided so far are in the same Chapter, hence, the combined reading of both sections is to the effect that any government whether state or federal, any authority whatsoever, exercising legislative, judicial or executive powers is to provide security and uplift the welfare of the citizenry. For the sake of this write-up, each of the governors of the several south western states is to comply with the provisions of the constitution and thus provide security and uplift the welfare of the people living in their respective states.

As stated earlier, there have been hitches in the security management of the south western region and this has led to many unjust killings. The Nigerian police are working but it seems like their efforts are not enough to curb the spreading menace. These governors listened to the cries of the people they govern and have decided to assist and help the Nigerian police in the curbing of this menace. Since this is a matter of security, will it be wrong for the governors to protect the citizens living in their states? Are the governors not carrying out the instruction of section 13 and 14 of the CFRN 1999? Should the governors fold their hands and watch the menace continue? Common sense should tell us that it would be wrong for the governors to not complement the activities of the Nigerian Police by the establishing of the Amotekun. The Amotekun is like every other vigilante group. It is not established as a state or regional police but rather to complement the Nigerian Police. It is like a man reporting to the police of a suspicious criminal. Should then we say that the man's act of reporting the crime to the police is unconstitutional? Goodness forbid!

The Amotekun has not come out to say that they want to replace the Nigerian police or carry out fully the duties of the Nigerian Police. The Amotekun has not come out to say that they will prosecute offenders or open up a prison where they will put offenders or suspects. These are the job of the Nigerian Police and the Amotekun has not stated that they will take over the job of the Nigerian Police.

It is well known that the Constitution recognises the Nigerian Police as the only police force that is to be in existence. Section 214(1) of the CFRN 1999, is to the effect that "There shall be a police force for Nigeria, which shall be known as the Nigeria Police Force, and subject to the provisions of this section no other police force shall be established for the Federation or any part thereof."; as argued earlier, the operations of the Amotekun does not take over the duties of the Nigerian Police. In fact, it is not to act as a police force. Its' main purpose is to report suspects and arrest persons to the Nigerian police. The arresting of suspects by the Amotekun is not to be seen as loosed because even the Admistration of Criminal Justice Act 2015 grants private parties the power to arrest by virtue of section 20 which reads "A private person may arrest a suspect in Nigeria who in his presence commits an offence, or whom he reasonably suspects of having committed an offence for which the police is entitled to arrest without a warrant". If private persons can arrest suspects, why not private persons in group, like the Amotekun? Any contrary opinion will be lacking of Common sense. The Amotekun does not and will not impede the workings of the Nigerian Police. see s.5(3) of the CFRN 1999 above.

The preamble of the Constitution is to serve as a guiding light when interpreting the Constitution; and the preamble of the Nigerian Constitution provides, inter alia, "to provide for a Constitution for the purpose of promoting the good government and welfare of all persons in our country"; here is the word "welfare" on repeat again. The welfare of the citizens is so paramount for it to be overlooked. In OGBONNA v. THE A.G OF IMO STATE & ORS (1992) referencing the Black's Law Dictionary 6th Edition, the Court stated, the preamble is "a clause at the beginning of a Constitution or Statute explanatory of the reasons for its enactment and the objects sought to be accomplished."

CONCLUSION

From the constitutional and statutory provisions provided above including the tenable arguments, it is obvious that the Amotekun outfit is not unconstitutional but rather a call for the securing of the welfare of the people of the south western states. The governors ought to be applauded, instead of the rising talks of unconstitutionality. As the constitution has shown, the welfare and security of the people is paramount and is even placed as the top primary duty of the government whether state or federal.

The Amotekun is not taking over the duty of the Nigerian Police but rather is to complement and report and arrest suspects to the Nigerian police which remains the only police force in the Federal Republic of Nigeria. Not till the Amotekun goes rogue, it remains tenable.

SOURCES

[1] Premium Times, https://www.premiumtimesng.com/news/headlines/371853-amotekun-constitutional-implication-of-south-west-regional-security-initiative.html, accessed 15th January 2020;

[2] LPELR-4310(CA);

[3] LPELR-44295(SC);


http://paulpipar.cf/articles/amotekun.php
Education / Re: Learn How To Start An Essay Correctly by branhampaul: 11:12am On Jan 13, 2020
Thank You, for the knowledge.
Education / Re: List Of Etiquette Rules You Should Always Practice by branhampaul: 7:44pm On Jan 12, 2020
La click la craze

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (of 40 pages)

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 138
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.