Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,143,144 members, 7,780,076 topics. Date: Thursday, 28 March 2024 at 09:22 AM

KingOvo's Posts

Nairaland Forum / KingOvo's Profile / KingOvo's Posts

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (of 15 pages)

Politics / Re: How CBN Loans To Buhari Government Climbed 2,900% In 7 Years In Violation Of Law by KingOvo(m): 10:25am On Jan 11, 2023
PMB and Emefiele have succeeded in emptying the coffers of the State, artificially increasing inflation, weakening the already fragile naira and plunging us deeper into poverty. The gross ineptitude shown by the goro-eating septuagenarian with regards to the economy has further thrown the country into economic abyss. We have to get it right in 2023. Any mistake to elect candidates cut from the same cloth as the president might have fatal implications for the common man. Get your PVC!

11 Likes 1 Share

Education / Re: Piston And Fusion Anyone? by KingOvo(m): 10:24am On Dec 26, 2022
Nezzjnr:

Are they worth it??
i didn't get a response.
Travel / Re: Influential Nigerian Magazine Names Peace Mass Chairman, Onyishi Man Of The Year by KingOvo(m): 5:21pm On Dec 13, 2022
soberdrunk:
In saner climes he suppose still dey court dey face lawsuits after lawsuit, the number of lives lost through his company is in the neighbourhood of a mini genocide..... angry
omo, commuting on NIgerian roads is in itself a suicide mission. na occupational hazard. accidents are bound to happen.
Phones / Re: Twitter To Start Charging Verified Users $20 Monthly by KingOvo(m): 8:21am On Oct 31, 2022
I'll always find it funny when ordinary people think Elon represents the interest of the common people. Elon is a capitalist and the only thing that matters to him is profit. He'll only align with you if it's profitable to him. nothing more. cheesy

134 Likes 10 Shares

Foreign Affairs / Re: Germany to Allow Gender and Name Changes Once A Year by KingOvo(m): 7:07pm On Jul 01, 2022
This is a very misleading headline. From what I read, the law places a ban on a change of gender and name for a year to ensure the seriousness of the applicant. It doesn't equal that they're allowing a change of name and gender every year.

https://abcnews.go.com/International/wireStory/germany-plans-ease-rules-formal-gender-85989114

1 Like

Politics / Re: Osinbajo 's Road To Abuja As Vice President: The Untold Story By Olawale Olaleye by KingOvo(m): 6:00pm On Apr 13, 2022
cheesy this is sensational! The timing of it and everything in it. Haha. Only a fool would take this writeup serious.
It is not rocket science that a Muslim-Muslim ticket is not sellable, and given Tinubu's political experience, he would have known that as well. That this article tries to undermine influence of Tinubu on the emergence of Osinbajo (who was a political nobody at the time) as VP is bordering on ridiculous.

2 Likes 1 Share

Travel / Re: Air Peace, Azman, Arik, Three Others Form Alliance by KingOvo(m): 7:23am On Mar 10, 2022
BSsniffer:
Nasoo....greenafrica needs to buckle-up if not he'd get overwhelmed with this alliance
Green Africa is the most useless airline out of all of them. First of all, their cheap fares are nothing but a charade. If you're traveling with bags, they charge you extra cos they only accept hand luggages of not more than 5kg (if I remember correctly), they'll then charge you extra for each extra kg you carry. And then they are very slow. At the end of the day, you may be spending equal to the amount you'd have spent using the regular airlines.
Celebrities / Re: Cute Abiola Gives Aremu Olami A Car Gift by KingOvo(m): 9:38pm On Feb 20, 2022
Closet fraudsters posing as Instagram comedians. grin

112 Likes 5 Shares

Politics / Re: Ban: Twitter Meets Conditions by KingOvo(m): 9:22am On Jan 04, 2022
There are some conditions that are very very good, but the part where they have to be sensitive to national issues is very vague. Does National issue connote what favours the government or what?
What is the point of having social media if there is no free press and the government can determine what is to be reported or censored? It's just somehow to me. And then the issue of having an office in Nigeria will just open Twitter staffs to harassments. We already know how this government operates with impunity and without regard for even court orders. So many grey areas, honestly.
Politics / A Wealth Of Sorrow: Why Nigeria’s Abundant Oil Reserves Are Really A Curse by KingOvo(m): 11:37am On Nov 09, 2021
It is known as the resource curse: assets that should bring wealth and stability but instead lead to corruption and poverty. And for Nigeria, oil is the culprit

In Nigeria, oil has been more of a curse than a blessing. Weak institutions of state and poor governance in managing the vast revenues have led the country to fail to realise its full potential in a textbook example of what academics know as the “resource curse”.

First coined by Prof Richard Auty in 1994, the term refers to the inability of nations to use their windfall wealth to improve their population’s lot and bolster their economies. The rich natural resources bring corruption and poverty to a nation, rather than positive economic development and, counterintuitively, these countries end up with lower growth and development than those without natural resources.

The subject of extensive research, the resource curse, or “paradox of plenty”, points to an inverse relationship where wealth brings a detrimental impact. Nigeria – the largest oil producer in Africa, the sixth-largest global exporter, holds the tenth-largest proven oil reserve in the world – is arguably such a “cursed” nation.
Dependent on their natural resource exports, these countries have on average, lower growth rates, lower levels of human development, and more inequality and poverty. They also have been found to have worse institutions and more conflict than resource-poor economies.

It arises predominantly due to poor political governance and weak institutions, coming from the distinct phenomena around oil exploitation rather than possession – and is shaped by the multinationals, national and foreign governments, the foreign financiers and investors, alongside the structures of states and private actors in oil exporting countries.

Resource wealth can have a devastating impact. Oil-exporting nations such as Nigeria, Venezuela, Angola and DRC have seen livelihoods and economies devastated, but there have been many countries throughout history, such as Norway, Canada and Botswana who have bucked the curse through strong state management and institutions that can stand against corruption.

This is crucial, because the key thing the resource curse is indicative of is corruption: a global phenomenon that is the single greatest obstacle to economic and social development, significantly so in less-developed countries. Worldwide, an estimated $2tn is siphoned away annually by corruption. This amount could eradicate poverty, educate all the world’s children, cure malaria and bridge the global infrastructure gap.

As defined by Transparency International, corruption is an “abuse of entrusted power for personal or private gain.” In 1996, the World Bank’s then president James D Wolfensohn called it a cancer and challenged all countries to strive for transparency and accountability to combat the pernicious impact of corruption on society, defining the consequences as redirecting resources from the poor to the wealthy, inflating business costs, discouraging foreign direct investment (FDI), draining public expenditure, misdirecting aid and undermining equitable national development.

Corruption erodes the integrity of people and institutions. A synthesis of social, political and economic forces, it disempowers sovereign states, undermines democratic institutions and contributes to instability fuelled by the distrust and resentment of citizens. It attacks democracy by distorting electoral processes, perverting the rule of law and building new bureaucratic hurdles whose only reason for existing is to solicit bribes.

Numerous reasons are behind corruption – self-interest, fear, greed and desire for power – but its consequences are always the same, enduring and deleterious.

To absorb an influx of petro-dollars is a complex issue for any nation. Countries with these windfalls struggle to responsibly process the excess liquidity. Often they initiate large, capital-intensive projects without meaningful due diligence or feasibility studies, sacrificing wise investment. Expenditure on lesser prioritised projects takes precedence. They accelerate existing projects accompanied by lavish expenditure. Then, faced with rising inflation as a result of unmatched productivity, they race to absorb the liquidity and therefore relax financial discipline and propriety. The combined effect of these factors leads to the appreciation of the currency, which hastens the worsening performance of the economy and renders the non-oil sectors uncompetitive as exchange rates soar. This particular phenomenon, sometimes known as the “Dutch disease”, resulted in the near demise of the non-oil sectors in the Netherlands.

Studies have shown that following an oil boom, an imbalance results as the non-oil sectors are left underdeveloped. As demand rises for capital and labour, the booming oil sector draws away those same factors from essential but less-lucrative sectors, such as agriculture, leaving them enfeebled. The windfall, having created a concomitant abundance and ensuing vast revenues, higher wages, and better returns on investments, leads to administrations finding themselves in new territory. Incompetence and inexperience in managing state finances creates higher incentives to attract corruption.

Newfound wealth creates expectations by citizens and demands for resources increase, not just from state bodies but also from civil society. The middle class demands more social spending, unions demand higher wages for the same jobs, and the unemployed demand the creation of jobs. Bureaucracies are formed and quickly become ineffective or incompetent, contributing to accumulating foreign debt and operating at trade deficits.

An economic trap or “rentier state” evolves. The state earns most or all its total revenue from the rents paid by foreign individuals, companies or governments. This leads to non-oil sectors shrinking, inflation spiralling, imports increasing in quantity and costs, more expenditure on political vanity projects, subsidies and welfare programmes to counter increased cost of living and the depletion of foreign exchange.

With astute management and determination other countries have beaten the resource curse and steered their economies to success. So far, Nigeria has failed in much of its population’s eyes. Whether it is fated to become a failed state, only time will tell.
Source: https://www.theguardian.com/global-development/2021/nov/09/a-wealth-of-sorrow-why-nigerias-abundant-oil-reserves-are-really-a-curse
Business / Re: Wapi Pay Fighting Scandal: The Full Story by KingOvo(m): 9:53am On Oct 19, 2021
.
Politics / Re: FFK Says He Looks Forward To Helping Against PDP At All Levels by KingOvo(m): 5:30am On Oct 16, 2021
Despite FFK's incessant vitriol against Buhari's government, the APC, it seems have still accepted him with open arms.
It just leaves me wondering what is so special about this man that makes him valuable to these parties.

2 Likes 1 Share

Religion / Re: Archaeologists Find Mt. Sinai Where God Handed Moses The 10 Commandments(Pics) by KingOvo(m): 9:51am On Oct 03, 2021
Religious people are very choosy when it comes to science. If this was some scientific finding that says that certain species predate man, or that the earth is xyz years old, you will hear them speaking against it, but now that it supports and validates their beliefs, it is a wankfest here grin

2 Likes

Travel / Re: No Survivor In Lekki Fatal Accident As Seven Youths Die by KingOvo(m): 10:18am On May 03, 2021
Kandeed:
5 less Yahoo boys to worry about.....we need more tolls
.

1 Like

Pets / Re: Talk To A Veterinarian by KingOvo(m): 1:26pm On Apr 04, 2021
seunH:
Hmmmmmm, I thing this insecticide BNG® is quite okay, I've used it once and I also saw it here on nairaland where someone also attested to it, hence you can try it.
Thank you boss. Enjoy the rest of your day.. cheers!
Pets / Re: Talk To A Veterinarian by KingOvo(m): 2:01am On Apr 04, 2021
seunH:
Good evening sir, the first thing you should do is to clear and clean your kennel and its surroundings and spray insecticides regularly to control the pests, meanwhile ensure your dog is not exposed to the insecticides because they are dangerous to dogs. Secondly about the fear, it may be due to it's nature/genetic predisposition or may be a learned behaviour, but whichever the case, patient constant tender loving care would build trust and confidence in your dog and he will become comfortable around you. I hope this helps

Yes of course. Thanks. But about the insecticide, is there any one in particular that you would recommend?
Pets / Re: Talk To A Veterinarian by KingOvo(m): 12:54pm On Apr 03, 2021
Good day SeunH, I just got home after my break and saw that they just got a boerboel. However, the dog is a mess. For one, it's kennel is filled with houseflies and the dog is so scared of everything. It runs when people try to approach it, even from my sister that feeds it regularly.
So my question is twofold, how do I deal with the houseflies, two how to I rehabilitate this dog and make it more comfortable with people around?
Thank you so much.
PS the dog was born in August but they got it less than 2 months ago.
Politics / Snakes, Wild Lizards, Rodents Take Over Tinapa by KingOvo(m): 12:22pm On Mar 14, 2021
The much-amplified Tinapa Business Resort, conceived, nurtured, constructed and launched by the regime of former Governor Donald Duke of Cross River State, whose size is more than ten Olympic football fields, has become a forest. Daily Trust reports.

On a recent visit by our correspondent, the entire sprawling resort has been overgrown with weeds. The emporiums, the vandalised 242 roomed hotel, the Nollywood cinema complex, the water park are now inhabited by snakes, wild lizards and rodents. Reptiles are a common sight even as it has also become a den for criminal elements which seem to launch out from there and return without the knowledge of the police post far away, which often is without personnel or electricity.
Tinapa is a ghost of itself. Only one or two persons were sighted far away during the visit. A truck was later sighted still carting away empty crates, cartons of drinks and kitchen utensils from the vandalised hotel. Criminals seem to have a field day inside the ‘forest’ called Tinapa.

The grasses have grown to become mini trees. These trees have blocked access into most of the places. Any one that is courageous to enter Tinapa now will shed tears at the sore abandonment. Such a one will literally see the over $600m spent in 2004 from conceptualisation to completion in constructing it as having been burnt away.

The cost of building the resort was a loan obtained from assorted sources by Donald Duke who was determined to bring it to life. Largely, he succeeded. He had put in his all, including political will and international connections. In building the resort, Duke’s aim mainly was to turn the state into an international tourism destination of note. Perhaps, he succeeded with Tinapa, Obudu Mountain Resort, Bebi Airport, Marina Resort, the annual Calabar Christmas Festival, and many others.

Tinapa was conceived as a one stop centre for international commerce with a status of free export zone.

This was the reason several emporiums (mega shops) were constructed alongside the 242-bed international hotel, Nollywood cinema centre, artificial lake which was dredged to empty into nearby river.

The resort used to have state-of-the-art facilities like pre-built retail and wholesale accommodation on an excess of 65,000m2 lettable area composed of four emporia of 10,000m2 each, several line shops, warehouses; an open exhibition area for trade exhibitions and other events; an entertainment strip with spaces for a casino, an eight-screen digital cinema, international standard restaurants, a night club and pubs; an entertainment centre with a functional Games Arcade and a mini amphitheater, a movie production studio christened Studio Tinapa, among others.

At the height of its popularity when Tinapa was the beehive of all activities, the emporia were all rented at exorbitant costs by different big time firms for sale or display of their goods. It was deliberate in order to attract decision makers who came for their Annual General Meetings. It turned out that blue-chip firms had to compete for space at Tinapa.

Tourists, business people, visitors, holiday makers, fun or pleasure seekers, and sports persons came in from all states of Nigeria and countries to relish the resort. A visit to Calabar is not complete without a tour of Tinapa. It had brought glory to Cross River.
But today, politicking and red-tapism have killed the thriving resort. In one of the interviews he granted journalists on the state of the resort and how succeeding governments did not put in such verve he displayed, Duke said his heart bleeds whenever he thinks about the resort he invested a lot of resources to put up. “Truly, I would be a liar if I tell you that I am happy about the state of or abandonment of Tinapa…”, he said.
The resort was abandoned largely due to alleged heavy indebtedness and federal government policy that do not allow it to function as a free trade zone since there is a federal government free trade zone in Calabar. Investors and business owners that initially rented the big shops at cut-throat prices regretted and closed shops when the expected patronage drastically dropped.

Duke’s successor, Sen Liyel Imoke, could not put in the same verve, commitment and enthusiasm into Tinapa, and so the envisaged massive potentialities

waned, leading to intervention and take-over by Assets Management Corporation of Nigeria (AMCON).

Before now, the state government was said to have entered into private arrangement with some consortiums which reason the Tinapa Lakeside hotel and waterpark were still providing skeletal services.

All that was gone during the October 2020 #EndSARS protest, which was allegedly hijacked by miscreants. The hoodlums took time without any restraint to vandalise and completely clean out the entire three- storey Lakeside hotel. The emporia, especially those that still had some wares in them, were all ransacked and vandalised.

The mono-rail, which the government of Senator Ben Ayade came to revive in order to convey visitors from the resort to the nearby massive Calabar International Conference Centre (CICC) built by Duke’s successor, Liyel Imoke, was also vandalised.

Hope

Two teenagers were seen close to the main entrance clearing parts of the expansive road. They said it appeared some actions were about to return to the place.

One private security officer manning one side of the security post at the main gate said the contractor who pays them hinted that their backlog of salaries would soon be paid as there are indications that the government may do something about the place.

In an earlier interview, Commissioner for Finance in the state, Asuquo Ekpenyong jr, had said “few months ago a private firm, Cliqit International, signed an MoU to pull traffic into the place through staging of trade fairs as a way of breathing life into it.

“…Where Tinapa is today unfortunately is not where it was conceived to be. But we are a new team, recently put together by Gov Ben Ayade. I have been the managing director only for some time now.

“We have identified most of the challenges that inhibited the full blossoming of Tinapa. Now, we have gone back to the blueprint which gave birth to it, and are confronting these clogs and are tackling them with a purposeful plan.

“We are hoping to partner with capable private firms knowledgeable in trade fairs and have capacity in driving traffic to bring this about.

“I am sure you know that there are no modern infrastructure facilities that you will not find in Tinapa. This resort has huge capacity to host assorted International events of any capacity. Another reason for that envisaged trade fair will be to use it to showcase these facilities, hardly available in many West African cities.”

One of the investors at the resort, Chinedum Okezie, said that the moribund nature of Tinapa is caused by the Nigerian Customs Service whom he accused of illegally imposing import duties on goods coming into Tinapa, which was supposed to be a free trade zone.

He claimed to have lost millions of naira on demurrage due to the non-clearance of containers coming to Tinapa at Onne Port.

He said: “The laws establishing Tinapa Business and Free Zone Resort recognises the fact that Tinapa is the transit hub for goods within the sub-regional Africa and the existing gazette says Tinapa is 100 per cent import duty-free.
“Customs has no right to hold any consignment coming to Tinapa. For Customs to come and ask us to pay duties in Onne is a total violation of the law establishing Tinapa. Nigerian Customs is frustrating us.

“We are indeed shocked and bewildered why customs at Onne command stopped the processing of investors’ consignments which are on transit to Tinapa Free Trade Zone.”

Governor Ayade had lamented that the lingering heavy debts which accrued from the construction of the resort had weighed him down. He told journalists that he has not been able to break because the debt was claiming over 80% of the federal allocation to his state because it is deducted at source. “All the Tinapa debts, all those loans have crystallised on me. And they are deducting the money at source…”

In an interview with Mr Francis Ekom, the general manager of Tinapa Business Resort, he said they could not completely function as a free trade zone as envisaged because they did not have all the basic requirements, including a conducive environment for government agencies, to enable them to operate as such. He however said before the impact of the endSARS weighed so heavily on them, they had submitted proposals and reports and are also working with appropriate authorities regarding activation of the free trade zone status.

He alluded to the fact that Tinapa has lost substantially. “The so-called #EndSARS protest completely devastated Tinapa and even the third party shops and their goods. I can say that what we have lost so far runs over several Billions of Naira, and may yet take several years to fully recover.”

Nevertheless, he said that the future of Tinapa is very bright as the state government has set up a committee to look into the wanton destruction. “The 242 rooms in the hotel were completely looted. 24 transformers, not usual run-of-mill ones, were all destroyed and their cables stolen. About ten containers of fabrics and other goods which were ready for export got vandalised.

According to him, reconstruction and refurbishment of the resort has started in earnest.

“Our prayer is for the business plan of Tinapa to be revisited and for the government committee to hasten up. The state has usually and will continue to benefit much from the resort even though COVID-19 persists.”

He confirmed that as reconstruction work has started, they hope to open shops soon.

https://dailytrust.com/snakes-wild-lizards-rodents-take-over-tinapa?fbclid=IwAR0EZ-P5-LrgdYrPObsgCOtG-Vr5C_TQMvWn0ZOdKCCmMgfs6e7YdwZEB6s

1 Like 2 Shares

Crime / Re: Hisbah Operative Caught With Married Woman In Hotel Room Faces Investigation by KingOvo(m): 4:02am On Feb 17, 2021
cheesy
Sports / Re: History Of Nigeria National Football Team by KingOvo(m): 5:08pm On Jan 14, 2021
Very very interesting and enlightening read.
But I'm just here wondering why they had to play barefoot. I mean, these were professional footballers representing a country. The least the colonial government could do was get them shoes or even let them travel in a more conducive manner!
I'm sure the English must have looked at them as some savages without shoes to add to the narrative that Africa was backward and needed saving.
To hell with colonialism and it's attendant evils.

7 Likes

Crime / Why The Conviction Of Funke Akindele Cannot Stand In Law by KingOvo(m): 4:35pm On Apr 07, 2020
INTRODUCTION
The trial and conviction of actress Funke Akindele and her husband is legally flawed. The fact that they pleaded guilty does not foreclose a discussion on the case because the flaws that I intend to highlight are constitutional and jurisdictional in nature. Issues of jurisdiction can be raised at any time.

I have read the following: The Charge Sheet filed by the office of the Attorney General of Lagos State against Funke and her husband; the Public Health Law Cap. P16 Vol. 9 Laws of Lagos State, 2015; and the Lagos State Infectious Disease (Emergency Prevention) Regulations 2020.

I submit that Funke Akindele and her husband (the defendants) were convicted for a non-existent offence. The charge sheet shows that the two defendants were arraigned on a one count charge for gathering with more than twenty persons contrary “to the social distancing directives of Mr. Governor of Lagos State.”

DEFENDANTS CHARGED FOR AN OFFENCE THAT IS UNKNOWN TO LAW:
The charge sheet against the defendants also state that the said social distancing directive contravened by the defendants was issued by the Governor in line with the regulations made by the Governor pursuant to the Public Health Law. In other words, the defendants were not charged under the Quarantine Act.

They were charged under Section 58 of the Public Health Law of Lagos State. For clarity, Section 58 of the Public Health Law cited in the charge sheet provides as follows:

“For any contravention of the provisions of this Law or any Regulation made under this Law for which no other penalty is provided, the offender commits an offence and is liable on conviction to a fine of One Hundred Thousand Naira (N100,000.00) or to any non-custodial sentence and if a corporate body, to a fine of Five Hundred Thousand Naira (N500,000.00).”

The defendants were convicted for gathering with more than twenty persons. The material question is: is it an offence under the Public Health Law or Infectious Disease Regulations to do so? There is no provision under the Public Health Law or Infectious Disease Regulations that makes gathering with more than twenty persons a criminal offence.

The Infectious Disease Regulations purport to give the Governor the power to issue the social distancing directive. The legal defect in the directive on gathering is that it cannot be the basis for criminal liability. A subsidiary legislation like the Infectious Disease (Emergency Prevention) Regulations 2020 derives its authority and validity from a substantive law (the principal legislation). The regulations cannot extend such authority.

Since the Quarantine Act and the Public Health Law of Lagos State specifically limit offences to contravention of regulations made by the governor, it is outright illegality to charge Funke Akindele and her husband for contravening a directive of the Governor (which is outside the regulations itself). See Din V. Attorney-General of the Federation (1988) 4 NWLR (Pt.87) 147.

An act or omission is only a crime if it is so prescribed in a written law. By virtue of Section 36 (12) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), every person is guaranteed the fundamental right not to be convicted unless the offence is defined and the penalty is prescribed in a written law. It states as follows:

“Subject as otherwise provided by this Constitution, a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefor is prescribed in a written law, and in this subsection, a written law refers to an Act of the National Assembly or a Law of a State, any subsidiary legislation or instrument under the provisions of a law.”

Let me reiterate that the Governor’s social distancing directive that restrict gathering in Lagos State which the defendants purportedly contravened is not an Act of the National Assembly, or a Law of the Lagos State House of Assembly, neither is it a subsidiary legislation or an instrument under the provisions of the law.

Therefore, by the authority of Section 36 (12) of the Constitution, and the Supreme Court decision in Aoko V. Fagbemi& Ors. (1961) 1 All NLR 400, the conviction of Funke Akindele and her husband is unconstitutional.

As I contended earlier, there is no provision in the Public Health Law of Lagos State or the Infectious Disease Regulations that makes a gathering of more than twenty persons or any gathering for that matter a criminal offence.

Regulation 8(1)(a) of the Infectious Disease (Emergency Prevention) Regulations 2020 cited in the charge sheet against the defendants provides thus:

8(1) “The Governor may –
a) restrict or prohibit the gathering of persons in the Local Area, such as conferences, meetings, festivals, private events, religious services, public visits, and such other events, save where the written approval of the Governor is obtained for such gathering.”
The above provision does not codify any offence. It only empowers the governor to restrict or prohibit gathering. The Infectious Disease Regulations 2020 should have expressly and specifically prescribed that gathering is restricted and prohibited in Lagos State before it can be relied upon to convict a violator in line with Section 36 (12) of the Constitution.

Since neither the Public Health Law of Lagos State nor the Infectious Disease Regulations has prescribed that gathering is an offence, the purported directive of Governor Sanwo-Olu remains an advisory.

The Court of Appeal in the case of Faith Okafar V. Governor of Lagos State &Anor. (2016) LPELR-41066 (CA) made it abundantly clear that the directive or order of a governor is not a law and that violation of same cannot result in criminal liability.

COMPETING REGULATIONS AND DOCTRINE OF COVERING THE FIELD:

The Infectious Disease Regulations was made by Governor Sanwo-Olu pursuant to Section 8 of the Quarantine Act Cap. Q2 LFN 2004 and the Public Health Law of Lagos State. However, Section 8 of the Quarantine Act only empowers the governor to make such regulations where the President fails to do so.

On 30th March, 2020, President Buhari issued the COVID-19 Regulations. In his regulations, the President made specific provisions restricting movement and imposing a lockdown in Lagos State. By the constitutional doctrine of covering the field, the regulations made by Governor Sanwo-Olu went into abeyance the moment the regulations made by President Buhari came into effect. Both cannot coexist.

The doctrine of covering the field was applied in the case of Attorney General of Ogun State V. Attorney General of the Federation (1982) 1-2 S.C. (Reprint) 7. where the Supreme Court per Fatayi-Williams, JSC, declared that the Public Order Act 1979 repealed all existing State laws on public order.

THE GOVERNOR HAS NO POWER TO MAKE REGULATIONS UNDER THE PUBLIC HEALTH LAW:

It should be further noted that under Section 53 of the Lagos State Public Health Law, the power to make regulations pursuant to that law is expressly vested in the Commissioner for Health; not in the governor. This raises more serious legal questions on the validity of the Infectious Disease Regulations issued by the governor.

REGULATIONS REQUIRES THE APPROVAL OF THE HOUSE OF ASSEMBLY.

Section 1 (1) of the Regulations Approval Law Chapter R4 Laws of Lagos State 2015 unequivocally provides as follows:
“Notwithstanding any provision to the contrary in any Law in the State, no regulation shall have effect unless laid before and approved by the House of Assembly.”

Section 3 of the Regulations Approval Law further mandate that “all regulations made pursuant to the provisions of any enactment in the State shall be published in the Official Gazette after its approval by the House of Assembly.”

The inescapable consequence of the above condition stipulated in Section 1 (1) of the Regulations Approval Law is that the Infectious Disease (Emergency Prevention) Regulations 2020 issued by Governor Sanwo-Olu to tackle coronavirus pandemic has not taken effect since it is yet to be laid before and approved by the Lagos State House of Assembly.

Since the charge against the defendants was brought under a regulation that has not been approved by the House of Assembly as required by law, the entire case – from the charge sheet, to arraignment, conviction and sentencing of Funke and her husband, is a nullity.

We cannot put something on nothing. This singular point is enough to nullify the conviction.

PUNISHMENT IMPOSED EXCEEDS THE LAW:

Apart from the above legal flaws, the punishment imposed on the defendants by the trial court is clearly overreaching and illegal. Section 58 of the Public Health Law of Lagos State under which Funke Akindele and her husband were convicted provides for only two forms of punishment. It provides as follows:

“For any contravention of the provisions of this Law or any Regulation made under this Law for which no other penalty is provided, the offender commits an offence and is liable on conviction to a fine of One Hundred Thousand Naira (N100,000.00) or to any non-custodial sentence and if a corporate body, to a fine of Five Hundred Thousand Naira (N500,000.00).”

The trial court sentenced Funke Akindele and her husband to 14 days community service each, to start from 9.00am to 12 noon each day during which they are to sensitize the public on the COVID-19 pandemic in ten major areas of the state. They are also to pay a fine of N100, 000 each after which they would observe the period for isolation.

The implication of the expression “OR” as used in Section 58 of the Public Health Law is that the court can either impose a fine or a non-custodial sentence; the trial court cannot impose both.

The 14 days community service cum public enlightenment and the self-isolation imposed on Funke Akindele and her husband can be regarded as a non-custodial sentence. It was wrong for the trial court to additionally impose a fine of One Hundred Thousand Naira (N100, 000.00) on each of the defendants.

CONCLUSION:

The sum total of my submissions is that the conviction of Mrs. Funke Akindele and her husband cannot stand in law. They have the right to appeal against the judgment of the Magistrate Court to the High Court. I believe that the appellate courts will set aside the conviction.

Two possible options are available to the Lagos State Government if the restriction of movement is to be enforced through prosecution of offenders:

It is either the State Commissioner for Health issues fresh regulations pursuant to Public Health Law (this may be susceptible to the doctrine of covering the field) or the Attorney General of Lagos State invokes the COVID-19 Regulations made by President Buhari pursuant to the Quarantine Act to punish subsequent violators.

Notwithstanding the above, the judgment of the Magistrate Court remains binding until it is set aside on appeal.

Email: inibehe.effiong@gmail.com

Source - https://www.thecable.ng/why-the-conviction-of-funke-akindele-cannot-stand-in-law/amp

Career / Re: ICAN November 2023 Diet Exam - Let's Meet Here by KingOvo(m): 6:32pm On Jan 11, 2020
Hey there! Compliments of the season.
Are you writing ICAN this year and you probably don't have time to read the bulky materials?
Or maybe you're too busy to even attend tutorials?
I have good news for you.
I have some ICAN lecture videos for sale, where topics are explicitly at very flexible rate.
Guess what?
You can get it wherever you are in Nigeria at a very flexible rate!
Cool right?
So what are you waiting for?
Reach me
Celebrities / Re: Shirtless Burna Boy Poses With His Mum At His Concert In London by KingOvo(m): 9:47am On Nov 04, 2019
Abfinest007:
02 arena is learning where wenbly
Don't be ignorant. 02 is 20k, this place is 12,500
Religion / Re: How To Effortlessly Break Out Of Addictions by KingOvo(m): 8:27am On Aug 18, 2019
..

1 Like

Celebrities / Re: Beyonce Channels Yoruba Goddess Yemoja In Spirit Music Video For The Lion King by KingOvo(m): 2:21pm On Jul 21, 2019
We continue to ride on the validation of Western nations to value our own things. I can bet that If these white people took our religion and brought the worship of Ogun, Sango and Amadioha back to us, a lot of people would willing to take them up. Shame!

28 Likes

Travel / Re: Helicopter Picks Billionaire Stuck In Traffic For 2 Hours On Lagos-Benin Road by KingOvo(m): 1:28am On Jun 24, 2019
Lol my friend who was there said it was a woman. it's not strange the OP assumed it was a man though, no matter how shocking i find it.

2 Likes

Celebrities / Re: Toke Makinwa Slams RMD Over Plastic Surgery Post by KingOvo(m): 3:41pm On May 29, 2019
stanliwise:
Humans are hypocrites by nature but in this case RMD didn't mention her name nor anyone.
She didn't mention anyone either.
There's a possibility she's addressing someone else too.

1 Like

Celebrities / Re: Toke Makinwa Slams RMD Over Plastic Surgery Post by KingOvo(m): 3:17pm On May 29, 2019
Bloggers have a knack for connecting dots where they don't exist sometimes.
But do I agree with her? Absolutely. It's not anybody's business what a woman or anybody for that matter decides to do with their bodies.
Same people that will criticise girls for having small breasts or ass, will turn around and insult them when they get plastic surgery. Same ones will go on to say Nicki Minaj is sexy and beautiful or follow women on Instagram with silicon everything. You really cannot please humans.

7 Likes 1 Share

Celebrities / Re: AY Makun, Yomi Casual, IK Ogbonna And Alexx Ekubo (Photos) by KingOvo(m): 1:35pm On May 28, 2019
dollytino4real:
the hardest worker in the room! did anybody saw it or am just the only one
all in a rush to comment on a man's preeq , you murdered a whole language angry

102 Likes 4 Shares

Business / Re: Dangote Refinery: The Making Of Africa's Biggest Private Refinery - Photos by KingOvo(m): 4:12pm On May 10, 2019
This is going to be huge for Dangote, like every other capitalist, he's used the government's incompetence to enrich himself. By the time he's done with this refinery, he'll comfortably be, by own assumption, one of the richest black men, ever.

2 Likes

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (of 15 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. 90
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.