Mohbad: The Talented Artiste Who Could Not Be “Badder” than Death

One early Sunday morning, I woke up to cold winds amidst the relentless rains pouring in Lagos for the past couple of days. Shortly before noon, I visited a supermarket in Lagos to pick up a few items. The motorway was free, the streets were less busy, and the drizzle was bearable.

Parking outside was seamless, and as I walked in, I was drawn to the sound of some good music playing at a moderate volume. I paused and listened, curiously. It was Ilerioluwa Oladimeji Aloba, popularly known as Mohbad, behind the sound system. In the past few days, the voice of the recently deceased singer-songwriter was becoming more familiar. His tracks were on repeat at the store. I beckoned one of the attendants and asked, "is that Mohbad on the beat"? "Yes", he confirmed, adding that the boy was excellent at his craft. I nodded, in agreement.

Mohbad was not bad, at all.

The carpenter-turned-singer was blessed with warm, honeyed, alluring vocals. There was a signature pitch to his voice, distinct, impossible to ignore.

Why reign in death?

Again, I wonder, how did it happen that MohBad became so much of a hero and popular artiste in his death, compared to when he was alive? The journey of an upcoming artiste is often uneasy. But what I know is that through thick and thin, great art always finds home. Destinies come in various colours. Like a painter, you play with these colours and come up with a design that suits your purpose. Your talents can lead the way, but you may need the Supreme Creator to help your craft, if you believe.

Mohbad's sudden death on the cusp of fame is painful. This sad occurrence is vaguely reminiscent of the death of the similarly talented Nigerian artist, Oladapo Olaitan Olaonipekun (Da Grin). After being awarded Artist of the Year at the 2010 Hip Hop World Awards, Da Grin died an untimely death following an accident on 14th April 2010. He was only 25. The Ghetto Dreamz live on.

At 27, Mohbad has transitioned, only for his music to make waves while he lay in state. I gave him his flowers, having realised that, although his name didn't ring too many bells, his music did, and loudly too. Reports had it that some of his tracks are currently leading the Apple Music Top 100 charts. It's no fluke that his name is on many lips, and dominating news headlines.

Sadly, quite a number of ugly revelations trail Mohbad's demise.

His soul undoubtedly craves for justice in a world where justice comes at a premium. The Police have promised to leave no stone unturned. I hope they don't. Both the stones and the rocks should be turned. Let the mysteries of his passing be revealed.

Perhaps, Mohbad made a few "bad" decisions. He buried the hints of his troubles within the lyrics of his songs. This style of purgation hardly helps. Personal issues do inspire the lyrics of songs. But rarely do these resonate with the people. Even where the lyrics are great, people only relate them to their personal situations. They hardly associate the lyrics with the singer.

I read of Mohbad's petition to the Police. But there's nothing to show that a professional legal practitioner was hired to properly pursue the case. Even so, there are some government agencies and non-governmental organisations, which have the capacity and resources to treat human rights matters, that could have been brought into the picture.

Mohbad, a boy who on many occasions felt no good, blessed us with his track, Feel Good. (You need to listen to it if you are yet to. It's on repeat as I type.) Mohbad sang of his light (Imole). He also reflected on the grace divinely bestowed on him, which he defined as "automatic".

"Plenty enemies, wey dey follow me", he crooned. He prayed tirelessly, hoping that his detractors don't get him. But it appears "they" eventually did.

The singer departed too soon. Did "they" get him, or was his time due? He hoped fervently for a day when his pains would go away, as lucidly expressed in his music. Was that hope fulfilled by his exit? After all, the dead feel no pain. Ultimately, like he said, "Emi ti gbera on God."


Stephen Azubuike Esq.

https://stephenlegal.ng/mohbad-the-talented-artiste-who-could-not-be-badder-than-death/

COURT AWARDS A LAWYER N200M FOR BREACH OF HIS FUNDAMENTAL RIGHTS BY THE POLICE

The Rivers State High Court, Port Harcourt Division, has awarded the sum of 200 Million Naira to a Nigerian lawyer, Owunari Samuel Taylor-Harry, against the Nigeria Police Force for the breach of his fundamental rights.

O. S. Taylor-Harry had commenced a fundamental rights action in Suit No. PHC/2064/FHR/2022 against the Nigeria Police Force sued as 1st Respondent and 8 others. From the facts which the Court believed to be true, the Police arrested and subsequently detained, assaulted and humiliated Taylor-Harry for three days – 28 January 2020 to 30 January 2020. This was at the instigation of one Chief Yom Esiso sued as 9th Respondent in the suit. The 2nd-8th Respondents are the Police Service Commission, the Inspector General of Police, Commissioner of Police, Rivers State Police Command, Adamu Abdullahi Elleman, Alex Udeze, Supol Musa and Muhammed Gimba (officers of the IGP Monitoring Unit), respectively.

In the Affidavit sworn by Taylor-Harry in support of his application for the enforcement of his fundamental rights, he narrated that his unlawful arrest and detention was connected to a Notice to Quit which he issued on behalf of his client in the course of performing his duties as a legal practitioner. According to him, he was never invited by the Police before the Police visited his office in Port Harcourt on 28 January 2020. Without informing him of his ‘offence’, they grabbed, dragged and whisked him away like a lamb for sacrifice. He was treated like a common criminal, and was locked up in police cells both in Port Harcourt and later in Abuja. The officers involved made him endure the long road trip to Abuja against his wish and amidst the risks. It was until he got to the station that he was asked to make a statement concerning the Notice to Quit in question. This was when he got a hint of the reason for his arrest.

Taylor-Harry explained that it took the intervention of the Nigerian Bar Association before he was released on bail. He was later made to report to the Force Headquarters, Abuja.

On 20 December 2022, the Court, in its Judgment, declared that the conduct of the Respondents was “manifestly unwarranted, an abuse of power, unconstitutional and a brazen breach of the fundamental rights of the Applicant”, Taylor-Harry.

The Court further restrained the Police and Chief Yom Esiso from “further arresting, detaining, inviting, threatening, harassing or molesting the Applicant over the issuance and service of the Notice to Quit on behalf of his client.”

Read more - https://stephenlegal.ng/court-awards-a-lawyer-n200m-for-breach-of-his-fundamental-rights-by-the-police/

LAS LAS, BURNA BOY RISKS CLASS ACTION FOR LATENESS AT LAGOS CONCERT

Damini Ebunoluwa Ogulu, popularly known as Burna Boy, risks class action by fans and guests for his late appearance on stage at the Lagos Concert on New Year day. The concert which was organized by WonderX, held at the Eko Energy City in Victoria Island, Lagos. The show was tagged, ‘Lagos Loves Damini’, but his appearance on stage at 3am threatens that love immensely...

https://stephenlegal.ng/las-las-burna-boy-risks-class-action-for-lateness-at-lagos-concert/

*COURT RULES ON COMPANY’S LIABILITY FOR WORKPLACE VICTIMISATION OF WHISTLEBLOWER*

_Most companies have learnt to incorporate whistleblowing policy as part of their company policies. By this policy, a company may encourage its employees to report incidences of fraud, bribery, corruption and other unethical business practices to the company. This is to safeguard the company from the adverse effects of such practices._

_As part of the policy, whistleblowers as well as all those who volunteer useful information to the company are promised adequate protection. Their identities are expected to be held in strict confidence. Also, they ought to be protected from any form of retaliation and victimisation._

_A company known as Notore Chemical Industries Ltd introduced a whistleblowing policy dated 27 September 2013 and promised members of staff adequate protection. In no distant time, the company’s drive to implement the whistleblowing policy was tested. But it failed, woefully. This was in the case of Mrs. Sharon Philip v. Notore Chemical Industries Ltd. [2022]_

_Ogbuanya, J. took time to consider... His Lordship delivered a seminal Judgment._

https://stephenlegal.ng/court-rules-on-companys-liability-for-workplace-victimisation-of-whistleblower/

TINUBU’S DRUG LINKS: 4 WAYS KEYAMO SOUGHT TO ‘MISLEAD’ NIGERIANS

The news is rife with Asiwaju Bola Ahmed Tinubu’s encounter with the United States authorities in the 90s over allegations of narcotics trafficking and money laundering. This was aggravated by the recent release of certified true copies of court processes relating to the case.

In view of this, my former boss and the official spokesperson for All Progressives Congress (APC) 2023 Presidential Campaign Council, Mr. Festus Keyamo SAN, moved to defend his boss, the APC’s Presidential Candidate, Tinubu. Keyamo is also the current Minister of State for Labour and Employment in Nigeria.

Keyamo spoke with Seun Okinbaloye, Channels Television’s Political Correspondent, where he made some misleading statements pertaining to the matter.

Read below.

https://stephenlegal.ng/tinubus-drug-links-4-ways-keyamo-sought-to-mislead-nigerians/

Sometime ago, one Mr. Adesina filed a fundamental rights suit against Air France claiming that his fundamental rights to dignity of the human person, personal liberty and fair hearing was breached. He claimed $100 Million in damages.

The gist of the case was that Mr. Adesina was deported by the French Immigration Service. Mr. Adesina's story was that on 17 June 2007, he was forced by the French Immigration officers into an aircraft belonging to Air France and deported to Nigeria against his will. He claimed that the French Immigration Service bought the flight ticket in his name from Air France, obtained a boarding pass in his name and accompanied him to Lagos. He claimed he was paraded in handcuffs and in chains before other passengers in the aircraft by the French Immigration officers, and was beaten up by the officers. He further alleged that he was not served any meal throughout the flight. In other words, while his flight was safe, he felt unsafe in a heat of discomfort. Mr. Adesina also argued that Air France was wrong to have allowed him on board the aircraft without a deportation order.

Air France denied any wrongdoing on the basis that it played no role in Mr. Adesina's deportation as it is a private business organization and not an agent of the French Immigration Service.

Mr. Adesina's case against Air France failed at the trial Court. His appeal to the Court of Appeal was dismissed and his further appeal to the Supreme Court met the same fate of failure.

Thus, like an ill-fated flight, Mr. Adesina's case crashed in the air and nothing was left of it, except the lessons. See the link below for details.

https://stephenlegal.ng/how-an-airline-which-flew-a-nigerian-deportee-from-abroad-escaped-100m-claims-in-a-fundamental-rights-suit/

JAGABAN: JOINING THE STRINGS AND CLAIMING “RIGHTS” OF KINGSHIP TO THE IRON THRONE

However, there is nothing in the Constitution or any other law that gives any citizen the right to be president.

https://stephenlegal.ng/jagaban-joining-the-strings-and-claiming-rights-of-kingship-to-the-iron-throne/

USING CRYPTOCURRENCY AS SECURITY FOR FIAT LOANS AND THE STATUS OF CRYPTOCURRENCY IN NIGERIA

Cryptocurrency has been found to be one viable tool for secured lending. In this piece, I discussed how this works and other interesting issues.

#cryptocurrency
#cryptolending

https://stephenlegal.ng/using-cryptocurrency-as-security-for-fiat-loans-and-the-status-of-cryptocurrency-in-nigeria/

SABINUS VS MAKERS OF GALA AND PEAK MILK – WHY HIS CASE MAY FAIL

1. A close look at the image used by UAC for the Gala advert shows a significant difference which supports the argument of dissimilarity in essential features.

2. A cursory look at the Acceptance Letter from the Trademark’s Office shows that Sabinus had applied for trademarks registration of "something hooge" under Class 36. It is however arguable whether Class 36 is the appropriate class to support the claims.

3. Beyond this, the Acceptance Letter shown is only a prima facie proof of the application for registration and not a conclusive proof so as to bestow the protection of all legal rights on Sabinus at this point.

4. The N100m and N1b claimed by Sabinus are horrendous. The court is not a Father Christmas who goes about bearing gifts and giving freely to all and sundry.

The makers of Gala & Peak Milk have some business decisions to make while contemplating on the strength of their defence. Engaging a Law Firm which plays in the entertainment industry, with expertise in IP & skilled in dispute resolution (including negotiation) is the way to go.

For fuller details - https://stephenlegal.ng/sabinus-vs-makers-of-gala-and-peak-milk-why-his-case-may-fail/

KEY THINGS TO KNOW ABOUT PARTY DELEGATES AND WHY THEY HOLD THE ACES

The Electoral Act 2022 provides for the modes of electing candidates vying to hold public office under the platform of their respective political parties and monitored by the Independent National Electoral Commission (INEC). This could be by indirect primaries, direct primaries or by consensus (Section 84(1) and (2)). Of course you know that intra-party elections (election among members of political party) for determining the flagbearer of a party is known as primary election.

Direct Primaries

By direct primaries, registered members of the party are given the opportunity to vote at designated centres in various wards for the purpose of determining the party's flag bearer. Thereafter, special conventions or congresses shall be held to ratify the candidate with the highest number of votes. Section 84(4)

Indirect Primaries

In indirect primaries, voting is by delegates elected by members of the party to vote on their behalf. To elect the delegates, congresses are held in several wards across the country. When elected, these delegates will now be in a position to vote for aspirants at the primaries at a designated place within Nigeria. The law expressly states that a political party that adopts indirect primaries shall clearly outline in itd constitution the procedure for democratically electing delegates who will vote at the convention, congress or meeting. Section 84(5)-(

Political appointees are not eligible as voting delegates or aspirants as contained in Section 84(12). However, this provision has been a subject of litigation and the Supreme Court is expected to make a binding interpretation of the provisions soon.

Consensus

By Section 84(9), the flagbearer of a political party may be determined by consensus. In which case, there will be no need for any internal election. For a consensus candidate to emerge, the written consent of all cleared aspirants for the position must be secured, indicating their voluntary withdrawal from the race and their endorsement of the consensus candidate.

Note, all the cleared aspirants must consent in writing. Not majority, but all. The Electoral Act states that if one person declines consent, then the party must revert to either direct or indirect primaries.

Political parties must comply with the statutory provisions, otherwise, the candidate of any party that fails to comply may not be included in the elections.

Any aspirant aggrieved with the outcome of the primaries may approach the Federal High Court for redress. But the Court is not empowered to make any order of injunction to stop any primary election or general election from holding. The aggrieved party may still get redress notwithstanding. Generally, courts do not interfere with the internal affairs of a political party. However, where there is a breach of the Electoral Act, the courts will step in to do justice.

Why Delegates hold the aces

The current political wave in the country points to the fact that the major political parties seem to have adopted indirect primaries through the delegate system. Consequently, aspirants have been on the move to woo delegates. Like a pretty lady wanted by many suitors, delegates enjoy the luxury of the great feeling of being special and wanted. A handsome man with hands bearing "gifts" definitely has a chance, but his success might depend on the "romantic" prowess of his other competitors who may equally be endowed. When the battle gets tough, stronger forces may come on the line, with "close family members", "friends" and "connectors", capable of commanding great influence, sticking out their necks. Whichever it swings, delegates hold the four aces and political aspirants have all the work to do.


https://stephenlegal.ng/key-things-to-know-about-party-delegates-and-why-they-hold-the-aces/

DOES EMPLOYEE REFERENCE FORM AMOUNT TO A GUARANTEE OR INDEMNITY?

You might have been approached by someone to stand as a referee for the purpose of his or her employment. In this regard, you may be contacted to fill and sign a reference form.

What happens when such a person defrauds or commits a crime against the employer? Are you liable in your capacity as referee? What is the legal status of such reference form?

The Court recently answered these questions in an interesting case involving Heritage Bank and Mrs. Adebomi Motunrayo Orogun. Link below.

https://stephenlegal.ng/does-employee-reference-form-amount-to-a-guarantee-or-imdemnity/

"YULITIED" ON SET: YUL EDOCHIE BREAKS THE INTERNET WITH A BLOCKBUSTER “MOVIE”

https://stephenlegal.ng/yulitied-on-set-yul-edochie-breaks-the-internet-with-a-blockbuster-movie/

MC OLUOMO: THE DETHRONED KING OF BOYS WHO ROSE ABOVE THE TABLE IN LAGOS

Lagos is a City of Excellence, a megacity by every definition. The former capital of Nigeria is also the capital of the most notorious "Area Boys" in the country.

According to Adediran Ikuomola, Rashidi Okunola, and Simon Heap in their article titled, "Historical Analysis of Touts as a Deviant Subgroup in Lagos State-Nigeria", the writers defined Area Boys as follows:

"The nomenclature of area boys can also mean touts—alaayes, agberos, omo onile—they are generally considered deviant youths who use extortion, exploitation, petty crimes and sometimes violent means to earn income."

The Area Boys in Lagos are in different sections and factions, but members of one category can easily gain a transfer to another category depending on a number of factors which include status, experience, position and connection.

One of the most recognized category, clothed with the garment of legitimacy is those chiefly in charge of all the motor parks in the State, who collect rates, fees and other forms of taxes around the motor parks, on their own behalf, and supposedly on behalf of the Government, under the auspices of an association known as the National Union of Road Transport Workers (NURTW).

The other Area Boys in the category which largely fits in with the description supplied by the referenced writers operate freely in many parts of Lagos, in and outside motor parks. They are aggressive by day and more brutal at night.

The Area Boys in Lagos are of a special breed and highly organised. Ironically, on the surface, they seem disorganised in terms of operation and considering the unkempt outlook of their field officials. But on a closer look, these guys are one of the most organised, dedicated and highly influential members of the society.

They seem to draw their powers from the well of Government and are efficient tools in the hands of politicians who know precisely how to call in aid their usefulness during elections and other relevant occasions.

The popular Nollywood movie, King of Boys, seems to depict the point being made. If movies are a reflection of the society, Kings of Boys appears to mirror what obtains in Nigeria, especially in Lagos.

For a person to become the Chairman of NURTW, the person must have risen through the ranks, commanding power and respect among the Boys, given his top connections with the powers that be in the State.

MC Oluomo

Musiliu Akinsanya popularly called MC Oluomo was a former Chairman of the Lagos State chapter of NURTW. He is a King - a King of Boys, and of Men in Lagos.

Reports had it that MC Oluomo fell out with the national body of the NURTW led by Alhaji Tajudeen Baruwa. He was consequently suspended indefinitely as the Lagos chapter’s Chairman over alleged acts of misconduct, insubordination and inciting members of the Lagos State chapter against the national body.

Following his suspension, MC Oluomo allegedly "convened a meeting of other branch leaders who make up the State Administrative Council of the NURTW to announce that they have decided to pull out of the union. Oluomo also directed the State Government to immediately take over the management of parks and garages by appointing a committee that would run the affairs of the parks."

As a true "King" in Lagos who has the ears of the Lagos State Government, the Government appears to have immediately implemented his desires. According to reports, the Lagos State Government has set up a Parks Management Committee and appointed MC Oluomo as its Chairman. This was as a follow up to the Government's earlier directive, halting activities of the NURTW in Lagos. The Committee is to report to the Minister of Transportation.

By this kind gesture, the dethroned King of Boys has risen above the table in Lagos, riding on the wings of the Government. A new table has been made for him and adorned with new seats to be occupied by top ex-government functionaries, including a former Lagos Commissioner of Police.

MC Oluomo, the privileged "master of all ceremonies" in Lagos is a hero whose reign appears to just be at its twilight. Should his rumoured Kingmaker clinch the seat of power in Aso Rock in 2023, he will dine with the gods.


https://stephenlegal.ng/mc-oluomo-the-dethroned-king-of-boys-who-rose-above-the-table-in-lagos/

SUSPICIONS TRAIL NDLEA'S DRUG ALLEGATIONS AGAINST ABBA KYARI: ASSUMPTIONS OR FACT?

DCP Abba Kyari has a rich CV in crime-busting. This made many Nigerians consider him a "Supercop". Abba Kyari headed the Inspector General of Police’s Intelligence Response Team (IGP-IRT). Before this time, he had served as the Officer-in-Charge of the disbanded Special Anti-Robbery Squad (SARS). Kyari was a nightmare to die hard criminals—armed robbers, drug peddlers, kidnappers and others alike. The records are there.

Kyari has been accused of several extra-judicial killings and human rights abuses while in the line of duty. But most of these claims are yet to be substantiated and upheld by any credible panel or even the courts. His successes have been somewhat of a shield, neutralising whatever may be the merits of such allegations. To an average Nigerian, it may not be difficult to believe those allegations because of the level of brutality the Nigeria Police is generally known for.

While the CV of the embattled DCP Abba Kyari in crime fighting was rapidly growing, strong allegations relating to internet fraud, drug dealing, bribery scandal and other unprofessional conducts are now equally taking a substantial part of the CV as if to complete a grass-to-grace and now a grace-to-grass story.

The ravens of bad omen have been hovering around Kyari's head lately. In July 2021, the Federal Bureau of Investigation (FBI) in the United States fingered Abba Kyari as a criminal conspirator, associating with internet fraudster, Ramon Abbas (Hushpuppi) and his gang. This was contained in an affidavit presented before the United States District Court by FBI Special Agent, Andrew John Innocenti.

The Nigerian Government through its Police formation appeared to many to have treated the matter with kids gloves especially as it pertains to the request by the US for an immediate extradition of Abba Kyari to enable him answer to the criminal allegations leveled against him. Instead of obliging the request, the Nigerian Government suspended Abba Kyari in what seemed to many observers to be an attempt to open room for a seemingly unending investigation into the allegations. As far as many Nigerians were concerned, it is in such rooms you find carpets under which many things are swept.

While on suspension, Abba Kyari has made news headlines on Valentine's Day, 14th of February 2022. No, the headlines had nothing to do with Abba Kyari's love for ridding die-hard criminals off the street or love for being a "supercop" to Hushpuppi on the Day of Love. Rather, the National Drug Law Enforcement Agency (NDLEA) alleged that with the intelligence at their disposal, "the Agency believes strongly that DCP Kyari is a member of a drug cartel that operates the Brazil-Ethiopia-Nigeria illicit drug pipeline." So on the day millions wanted love so badly, NDLEA declared Abba Kyari wanted.

Following a tip off by the NDLEA, the Nigeria Police has confirmed the arrest of Abba Kyari and four other police officers for the purpose of being handed over to the NDLEA. The Police acknowledged that the arrest of Kyari and his team/gang was as it relates to "their involvement in an alleged case of criminal conspiracy, discreditable, unethical, and unprofessional conduct, official corruption and tampering with exhibits in a case of illicit drug trafficking involving a perpetual transnational drug cartel."

The Suspicion

Given that Nigerians nurse reasonable distrust for the system especially when it involves high-profile individuals, there is the common suspicion that the whole drug-related story involving Abba Kyari is a "script" being projected in order to distract the US and ultimately prevent Kyari's extradition to the US.

While the distrust isn't totally unfounded, the "script" claim seems ridiculous. Possible conspirators within the Nigerian police formation can still hold Kyari down based on the Hushpuppi saga without needlessly faking this damning drug story. After all, he is still on suspension and the ultimate decision is still being awaited for eternity.

More so, arguments bordering on national sovereignty can still be used to wade off or delay extradition without the need for the so-called script.

Curiously, how do you possibly plan to shield Kyari from extradition by hanging on his neck a drug-related charge, one of the worst crimes on earth, which implicates a number of law enforcement agents, just like that!

Again, there is no sense in passing on mere assumptions as fact, as it is being done by many since the NDLEA's press release.

At present, if you ask me, there is no compelling reason to inspire such comments that rather seek to discredit the commendable actions of the NDLEA. Rather, I believe that the NDLEA deserves to be praised for upholding its statutory mandate and for the role it played in rounding up Abba Kyari notwithstanding his alleged antics.

Conclusion

Abba Kyari is now a personification of all the ills associated with the Nigeria Police Force, a thing that may have hurt badly the trust that Nigerians are expected to have for the police. As suspicions now trail his arrest based on drug-related allegations, it is left for the Nigerian Government to ensure his speedy trial for all the charges standing against him.

MR. MACARONI AND THE TREND OF FREAKY WHOREDOM

Debo Adedayo (popularly known as Mr. Macaroni) is currently one of the most sensational comedians in Nigeria. In this era of comic skitmaking, Mr. Macaroni is one of the talented thespians who has all it takes to thrill you in a matter of seconds, and get your ribs cracking.

Mr. Macaroni's fans are familiar with his unique style. It's either he's acting as a lecturer always mean to his students whom he often refers to as "boys and girls of doom"; or as a father looking to give out his daughter in marriage at all cost. But among all of these varying subjects of his engagement, one stands out - The "Freaky Freaky" concept.

In this "Freaky Freaky" idea, Mr. Macaroni depicts the character of a chronic womaniser whose exploits in promiscuity are second to none. He portrays a wealthy man whose senses automatically begin to suffer lack of coordination at the sight of a woman, especially one that is fully endowed.

This apparent sexually-triggered intoxication manifests in different forms, from dancing uncontrollably (with his hands lifting his "agbada", his waist twisting and his legs moving in opposite directions) to him launching the next "potent attack."

This "attack" is in the form of a subtle command - "Put your account number here", he'd say to his target. He doesn't appear to savour the idea of a lady bending the knee to greet him as a sign of respect. He'd immediately interrupt the move by asking the lady not to stain her legs, while maintaining his rapt attention on her endowments.

Mr. Macaroni has no time to waste. He doesn't particularly treasure wooing a lady with too many words. He'd go straight to the point which aptly defines the disposition of the "Daughters of Eve" of this present age. Nothing impresses them like requesting their bank account details. So, Mr. Macaroni would ask the lady to type in her account number into his mobile phone to enable him initiate an instant electronic funds transfer.

The transfer signifies an upfront payment for the expected sexual entanglement which typically explains the whole idea of prostitution in the modern era, where even the "business" thrives using mobile applications. As soon as the lady confirms receipt of the transfer, the contract is concluded subject to performance by the lady of her own end of the bargain.

The amount of money Mr. Macaroni offers as consideration depends on his perception of the class in which the lady belongs. He offers from N500,000 to as much as N10 Million. By this, Mr. Macaroni mirrors what is currently obtainable in the society. Even in prostitution, there are levels to the "trade", just like in all other professions.

A seemingly decent lady whom he approaches would appear to hesitate at first. But the moment Mr. Macaroni asks for her account number and eventually transfers a huge sum, within a flash, the lady falls like a butterfly after initial "gragra" (resistance).

Mr. Macaroni has been accused of objectifying women in some of his skits, an accusation which he has defended on multiple occasions. However, the reality is that Mr. Macaroni, also a well-known activist, is simply presenting us with the realities in a comic way.

These shorts further advance the argument that women are all about the money. Undoubtedly, this is not always true. We still have women with high sense of value and responsibility; women who will not defile their temples in exchange for money, but will rather put their hands to work to earn their fortunes.

Perhaps, Mr. Macaroni's activism may need to go beyond fighting police brutality and bad governance to discouraging promiscuity and modern day prostitution instead of appearing to promote it by his comic skits.

https://stephenlegal.ng/mr-macaroni-and-the-trend-of-freaky-whoredom/

MAREVA INJUNCTION: COURT OF APPEAL MOVES TO CHECK ARBITRARY USE BY CREDITORS

Haladu v. Access Bank Plc [2021]

In the case, the creditor, Access Bank Plc (Respondent), applied for a Mareva Injunction against the alleged debtor, Andrew Haladu (Appellant), restraining his bankers from allowing him access to funds standing to his credit. The Bank was aiming to recover the sum of over N6 Billion allegedly owed by one H. A. R. Petroleum Services Ltd and which was allegedly guaranteed by Mr. Haladu. Mr. Haladu denied any indebtedness.

The trial Court granted the interlocutory Mareva Injunction on 31 May 2017 pending the hearing and determination of the substantive suit.

Mr. Haladu challenged the Order contending that the Bank did not fulfill some of the preconditions for the grant of the Order.

The Court of Appeal took time to consider the surrounding circumstances and the arguments. In arriving at its decision, the Court of Appeal found that the Bank failed to give an undertaking as to damages...

But that’s not even the only problem. The Court of Appeal also found nothing to support the allegation of the Bank that Mr. Haladu was transferring funds outside jurisdiction...

The order was set aside without much stress.

See the link below to read more and update your knowledge on Mareva Injunction.

https://stephenlegal.ng/mareva-injunction-court-of-appeal-moves-to-check-arbitrary-use-by-creditors/

THE BENCH: A FIESTA OF FRENCH FRIES FOR FAMILIES AND ALLIES

It is commonplace for parents to desire that their children take after them, particularly with respect to their trade or profession. Several reasons account for this desire. It would be significantly easier to mentor the child in the pursuit of said profession. Parents see themselves as pacesetters for their offspring, and arguably, children are regarded as the surest successors to keep their parents' businesses floating after they're long gone. However, this is not always the case.

Children may contribute to the legacy of their parents, but that only happens when they take up a similar path. There's a joy that parents derive from watching their children take after them in the same line of work. A great sense of fulfillment flows like a stream of pleasure running through the brain.

Studying the legal profession in Nigeria, we have seen many lawyers whose parents were also lawyers, and they strive to supercede the achievements of their progenitors. This also obtains in the Judiciary. Some judges train their children to ascend to the Bench just as they did. We have a good number of them in the Nigerian Judiciary.

Given the pedigree of their parents, it is generally thought that they find it easier when it comes to consideration for appointment. This is partly also because the children are “expected” to close any vacuum left behind by their parents. If they're qualified, the coast is clear. For instance, is it not a beautiful thing that renowned Jurist, Hon. Justice Mary Peter-Odili, JSC gave us the gift of her daughter, Hon. Justice Njideka Nwosu-Iheme? Should we not be grateful that the Late Hon. Justice Niki Tobi, JSC (of blessed memory) is still pontificating through the lips of his son? How about Hon. Justice Idris, JCA, one of the finest of his ilk, coming as a blessing from the loins of the Late Chief Justice of Nigeria, Hon. Justice Idris Kutigi? Former Chief Judges of Lagos State, Hon. Justice Ayotunde Phillips, C. J. and Hon. Justice Oluwafunmilayo Olajumoke Atilade, C. J. are sisters, and specifically, the children of the Late Justice James Oladipo Williams of Lagos. The list is endless.

Some of our jurists were not so lucky in trying to replicate their skill set through their progenies. On top of the list is the Late Hon. Justice Chukwudifu Oputa, JSC, a renowned Justice of the Supreme Court of Nigeria who, by inexplicable natural design, gave birth to the controversial Charly Boy, born Charles Chukwuemeka Oputa. Make no mistake about it. Charly Boy is not a boy, but a man. The “Area Fada” is a Father too. He is also known to be an activist for good governance. The Late Justice Oputa must be proud of him.

Ordinarily, this shouldn't pose much problems so long as the children of "nobodies" are given opportunities to prove that they also deserve a seat at the table.

Undoubtedly, tribalism and nepotism have eaten deep into the Nigerian fabric. Many top agencies of government have the children of highly placed individuals and politicians in their employment. This development has degenerated from secret arrangements to brazen favouritism. Sometime in 2016, we learnt of the secret employment scheme at the Central Bank of Nigeria, with the children of influential persons topping the list. Recently, it was rumoured that the appointment of certain persons as judges of the High Court of the Federal Capital Territory, Abuja, was shrouded in secrecy.

The chances that people with humble beginnings get into the door appear to be greatly narrowed. The risk of the situation is that merit may be sacrificed, leaving us with inefficient service delivery with all its attendant consequences. Even when people with privileged backgrounds are just as qualified as those who had to grind their way to the top, the absence of a level-playing field is problematic, depending on how objectively you view it.

Of course, the Bench now appears to be a fiesta of French fries for families and allies. But as the saying goes, those whose palm-kernels were cracked for them by a benevolent spirit should not forget to be humble, and diligent.

https://stephenlegal.ng/the-bench-a-fiesta-of-french-fries-for-families-and-allies/

REGINA DANIELS AND JARUMA: INFLUENCERS' GAME OF FALLACY EXPOSED

Promoting businesses and brands thrives on both truth and fallacies. Fallacy is a special specie of falsehood. What makes it special is the fact that on a cursory look, it appears like truth. But on a careful consideration, you'll see all the decorated lies. Sometimes, fallacies may not be harmful. Other times, they could be.

Examples of fallacies in advertisement abound. For instance, it is fallacious to make people believe that using a particular toothpaste will enable them to achieve all their life goals. You've also seen companies trying to convince you that if you drink certain brand of beer, you'll attain greatness. Some soft drinks are said to have no grain of sugar but when you taste it, you'd be left questioning the integrity of your taste buds.

Social media influencers have gained significant relevance in the business of advertising in modern times. They take advantage of the influence they command on social media space to literally influence their followers and those on their network to patronise a particular business.

Social media influencers are special people found in different works of life. Note, not all social media influencers are in the business of promoting brands. Some influencers fully focus on being leaders of thought in a particular field only, and influencing people positively.

There are other influencers who tactically influence their followers to patronise a particular business or product without saying a word about it. All they need to do is to publicly associate with the business through "romancing" with the business owner "innocently." The idea here is that as soon as you, as a follower, see the influencer doing this, you will be moved "on your own" to buy the product or patronise the service. Unknown to you, the influencer was actually paid to put up the public show and command your attention and interest.

- Regina Daniels and Jaruma -

If you've been following the story of the popular actress, Regina Daniels (Gina) and her "friend", Hauwa Saidu Mohammed (Jaruma), then the point we're making above will get clearer.

Aside being a young talented and pretty actress, Gina is the last wife (as of now) of a popular Nigerian Billionaire, Ned Nwoko, who had lived for about 40 years before she was conceived.

Jaruma is a popular Nigerian sex therapist and the founder of Jaruma Empire. She is revered for her Kayanmata/Kayamata products - articles of various kinds for sexual enhancement for women. Kayanmata originated from Northern Nigeria and it is a Hausa word which literally means "Women's things." However, Kayanmata does not seem to be an ordinary thing. It is sometimes allegedly blended with "supernatural controls" or charms to captivate men and keep them bound to a woman and everything she represents, sexually.

Gina and Jaruma have been close friends for sometime until recently. The actress released a public disclaimer distancing herself from Jaruma and her Kayanmata products. She disclosed that her previous public display of appearing to associate with the products and Jaruma was purely for promotional purpose for which she was paid. She swears that she has never used and will never use Kayanmata. From her post, she claims that her promotional contract had since ended but Jaruma is still allegedly using every opportunity to market her products using Gina's brand.

Ever since Gina appeared to be publicly hobnobbing with Jaruma and her Kayanmata products, some persons accused her of "caging" or "securing" her husband using the products.

Jaruma reacted to the disclaimer revealing she had allegedly paid a whopping N10 Million to Gina for the promotion, aside other unsolicited cash gifts given to Gina and some members of her family. Jaruma claims that Gina didn't actively perform her own part of the bargain.

While we are not interested in their claims and counter-claims, what should be of interest is that Gina, by her own disclosure, promoted, for a fee, a product she never used and never intended to use!

By this, Gina clearly abused her position of influence by directing the minds of her followers to patronise a product she appears to despise.

No matter the choice of words used, associating with Jaruma by way of promoting her trade, even when Gina claims she has never and will never use Kayanmata had the capacity of misleading the public, especially her followers. Thus, Gina's claims that she was very careful with her promotional words holds no water.

That's not all. Gina now appears to be impliedly demarketing Jaruma's product (which she once marketed) by her recent disclaimer without disclosing the exact reason. Subject to further findings, Gina might be laying herself prone to civil liability.

Meanwhile, if the claims by Gina (that Jaruma is using her brand to market Kayanmata after the expiration of the promotion contract) is anything to go by, then there's a lesson for business owners like Jaruma who go into brand/product promotion contracts.

There's a fundamental clause in a promotion contract that takes care of this kind of situation. If properly drafted by a smart lawyer, the clause will enable a business owner benefit from a brand once paid for promotion even after the contract had ended.

Now that Gina appears to have left her followers at the crossroads, they must decide which way to go - whether to continue or to return to Capernaum.

https://stephenlegal.ng/regina-daniels-and-jaruma-influencers-game-of-fallacy-exposed/

Interesting..

meobizy:
Check both official threads on Nairaland and tell me which people will rather sit down to watch. GUS is a dead show format which made sense pre-the internet era. The show came back in 2021 with only upgraded camera quality and nothing else. Old fans quickly tuned out since their claims of the show winning a huge fan base didn’t come to fruition.

BBNAIJA VS GULDER ULTIMATE SEARCH: THE LINE BETWEEN SMART WORK AND HARD WORK

- BBNaija -

Big Brother Naija (BBNaija) is a competition-based Nigerian reality television show in which a number of contestants live in an isolated house and compete for a large cash prize worth millions of Naira. The Show has gone through several seasons.

BBNaija series is viewed by many especially the youths across the country. The Show is basically an entertainment show which attracts all the glare of the entertainment industry.

As earlier observed, Housemates in BBNaija House are made to showcase some of their skills and abilities through the games they play and tasks executed within the House. We also see reward for victories.

BBNaija Show is strictly for adult viewing. Children are excluded, given the adult content especially its sexual appeals which makes it a House of Lust.

BBNaija often ends with amazing prizes for the winner - the last person standing - mostly determined through votes.

In sum, by being locked up in a house with fellow housemates, you also enjoy luxury at its peak - nice meals, drinks, wears, parties, sexual activities, great atmosphere, etc.

The Show also present contestants with an opportunity to grow their personal and business brands through the publicity and visibility they enjoy while in and out of the Show.

- Gulder Ultimate Search -

Gulder Ultimate Search (GUS) personifies the ultimate search for the good life through thick and thin. A group of people are led into the wilderness and forest to embrace life travails in search of a treasure. When found, the treasure is exchanged for a huge price.

Like BBNaija, many businesses market their brands through the show and the sponsorship deals are high source of revenue to the organizers who are purely in business. The Show also gives contestants visibility like in BBNaija.

However, GUS demonstrates more of the reality of life in terms of suffering and survival of the fittest. The older generation that understands what it means to make it in life through only hard work might tend to understand the show better.

But the show may never appeal to the younger generation that tilt more towards "smart work."

According to the reports, in a past edition, a contestant, Anthony Ogadje, drowned in a lake in Jos, Plateau State during the shoot. The show was eventually suspended, temporarily. This is an evidence of the level of risk involved compared to BBNaija.

If life will ever be lost in BBNaija, it will probably be as a result of fun overload.

At BBNaija, housemates are treated like eggs. With small emotional trouble, we saw one housemate develop mental health issues and was released to his parents to get some care. At some point you see some crying for no reason, just like a baby who woke up from sleep in need of breastmilk. But with some cuddling here and there, they shut their mouth and begin to play again.

Life is not about "bread and butter." GUS defines this. But you can also make it in life as if life is "bread and butter." BBNaija evidences this possibility.

Whichever way, success is possible. It depends on your choice and opportunities. Some persons on GUS might have applied to be on BBNaija but were unsuccessful. Determined to make it, they tried GUS. Some others will never contemplate going for GUS.

In BBNaija and GUS, we see the line between smart work and hard work. Hard work, not mainly in terms of diligence, but in terms of what we call in local parlance, "sufferhead."

https://stephenlegal.ng/bbnaija-vs-gulder-ultimate-search-the-line-between-smart-work-and-hard-work/

IN CASE YOU MISSED IT:

Honourable Justice Mary Peter-Odili, JSC was once the only Justice of the Supreme Court who boldly condemned, and stood up against, the removal of the former Chief Justice of Nigeria (CJN), Honourable Justice Walter Samuel Nkanu Onnoghen (CJN), and how he was bundled out of office.

https://stephenlegal.ng/onnoghen-supreme-court-says-cross-river-state-is-an-unsolicited-mourner/

Nellyvin:
By the People's Gazette

Chief Magistrate Emmanuel Iyanna of Wuse Zone 6 magisterial division in Abuja has admitted that he was lied into signing a search warrant for the residence of a top Supreme Court jurist by the Federal Ministry of Justice under Attorney-General Abubakar Malami.

Mr Iyanna consequently revoked the search warrant he approved against Justice Mary Odili’s residence due to misrepresentation in the first information application supplied by an ad-hoc public asset recovery panel domiciled under the justice ministry and overseen by Mr Malami.

“Upon misrepresentation to this honourable court that led to the issuance of a search warrant in favour of Joint Panel Recovery, Ministry of Justice, against House 9, Imo Street, Maitama, Abuja, dated October 29, 2021,” the senior magistrate said in a fresh order. “In view of the above fact, the said search warrant is hereby revoked.”

Mr Iyanna’s October 29 order came hours after Peoples Gazette reported that armed operatives have tried to breach the residence of Mrs Odili on Imo Rivers Street in Maitama.

Officers had arrived at the residence bearing a warrant that was issued based on whistleblower information from Aliyu Umar, an Abuja residence. Mr Umar had deposed on October 13 that there were illegal activities going on at 9, Imo Street, Maitama, that should warrant immediate action from the law enforcement. The whistleblower also said in court filings that the tip-off was supplied to the Economic and Financial Crimes Commission.

This prompted Mr Iyanna to issue a warrant on October 29 for the property to be searched. Subsequently, operatives mobilised to Mrs Odili’s house based on the warrant seeking to forcibly search it in the evening of October 29, the same day a warrant was approved. Our sources said the Supreme Court jurist rejected the move to search her residence because she had no pending issues with anti-graft agencies.

Mrs Odili also argued that the warrant was not meant for her residence since she lives at 7, Imo River Street, Maitama, and not 9, Imo Street, Maitama, as stated in the warrant. The operatives nonetheless laid siege on the residence for hours.

Court document
Even though the whistleblower stated in court filings that he provided his findings to the EFCC and one of the operatives had told The Gazette that EFCC led the operation, the anti-graft office denied playing a role in the operation.

“If there was any such operation” that Mrs Odili’s house was besieged by anti-graft operatives, “it was not carried out by the EFCC,” the agency’s spokesman Wilson Uwujaren said in a statement to The Gazette late Friday. The Gazette had earlier reached Mr Uwujaren for comment prior to breaking the news but received no immediate response.

Mrs Odili’s husband Peter had been under EFCC investigation for alleged fraud that dates back to his tenure as Rivers governor between 1999 and 2007. Mr Odili denied the charges, and a federal judge ordered the release of his international passport earlier this week.


A chief police superintendent, Lawrence Ajodo, also signed off on the operation and The Gazette’s sources previously mentioned that police officers were part of the operation.

The officers left Mrs Odili’s residence following the revocation of their warrant. But the development has elicited harsh criticisms of Mr Malami, whose controversial role in alleged anti-democratic moves of the administration contributed to his new status as a formidable force in President Muhammadu Buhari’s cabinet.


In 2016, Mr Malami supported the State Security Service when its brutal personnel broke into the residences of over a dozen federal judges, including three of the Supreme Court at the time. The attorney-general also recently proposed suspension of the Nigerian Constitution and declaration of martial law in order to restore peace in volatile parts of the country.

THE SYNAGOGUE, CHURCH OF ALL NATIONS IN A BATTLE OF ALL NATIONS: WHY CARE MUST BE TAKEN

It is in the interest of The SCOAN and other religious bodies to remain on the path of righteousness and manage their affairs properly like a people who have the fear of God. Otherwise, they risk the possibility of unwanted persons being made to take charge of the Church in line with the relevant provisions of CAMA 2020.

https://stephenlegal.ng/the-synagogue-church-of-all-nations-in-a-battle-of-all-nations-why-care-must-be-taken/

TEENAGE GIRL ARRAIGNED FOR ALLEGEDLY CIRCULATING NUDE VIDEO OF BAYELSA'S EX-PERM SEC: WHY SSS SHOULD HANDS OFF THE CASE

The SSS

The State Security Service (SSS), also known as Department of State Services (DSS), is created by law - National Security Agencies Act 1986 ("NSA Act". The NSA Act created two other agencies in addition to the SSS for the chief purpose of National security. These are the Defence Intelligence Agency; and the National Intelligence Agency. For the records, what the NSA Act created is SSS. "DSS" emanated from the SSS for yet to be identified reasons.

Functions of SSS

Section 2(3) of the NSA Act provides that:

The State Security Service shall be charged with responsibility for -

(a) the prevention and detection within Nigeria of any crime against the internal security of Nigeria;

(b) the protection and preservation of all non-military classified matters concerning
the internal security of Nigeria; and

(c) such other responsibilities affecting internal security within Nigeria as the National Assembly or the President, as the case may be, may deem necessary.

By the provisions of Instrument SSS No.1 of 1999 made pursuant to Section 6 of the NSA Act, the functions of the SSS were stated to include but not limited to the following:

a. Prevention and Detection of any crime against the internal security of Nigeria;

b. Protection and Preservation of all non-military classified matters concerning the internal security of Nigeria;

c. Prevention, Detection and Investigation of threats of Espionage, Subversion, Sabotage, Terrorism, Separatist agitations, Inter-group conflicts, Economic crimes of National security dimension and threats to law and order;

d. Provision of protective security for designated principal Government functionaries, sensitive installations and visiting dignitaries;

e. Provision of timely advice to Government on all matters of National security interest and

f. Such other functions as may, from time to time, be assigned to it.

(It's doubtful whether the Instrument No. 1 is in public domain. The above provisions of Instrument No. 1 were retrieved from the SSS website)

The issue

It naturally boggles the mind how the alleged release of the nude video of a former Permanent Secretary in Bayelsa by a teenager is a case of National security.

No matter the strength of one's argument, the draftmen of the NSA Act will likely be in shock to see that the SSS (abi DSS) is dissipating much energy prosecuting a teenager who allegedly circulated the nude video she might have obtained while the alleged victim was in a compromising situation.

Of course, the Cybercrimes Act 2015 contains provisions in Section 24 to punish cyberstalking. Thus, the issue is not whether the teenager deserves to be prosecuted. Rather, the issue is whether the SSS should preoccupy itself with such matters.

From the reports, the SSS has arraigned the teenager before the Federal High Court, Yenegoa. She pleaded not guilty to the charge and the SSS has hinted it intends to oppose the bail application filed on her behalf.

The SSS intends to oppose the bail application of a teenager for an offence which is bailable. At least there is no law that forbids granting her bail especially where her alleged offence isn't a capital offence. The courts usually grant bail applications in majority of the cases, subject to conditions.

Whether or not the teenager would be found guilty of the charge, it remains debatable whether the alleged unauthorized sharing of the nude video of a former Permanent Secretary has anything to do with Nigeria's National security (which is increasingly becoming a permanent problem) in order to command the attention of the SSS. How can this be when bandits, terrorists and kidnappers are circulating Nigeria's "nudity" everywhere in terms of internal insecurity?

Conclusion

The nude video of the former Permanent Secretary may be a classified material for his personal purpose but definitely not of a National security dimension. If there's anything "national" about the alleged nude video of the former Permanent Secretary, it will probably be the "risk" of "national entertainment" if the video goes viral. Other law enforcement agents may conveniently tackle this. After all, there is nothing in the NSA Act which empowers the SSS to prosecute any person.

https://stephenlegal.ng/teenage-girl-arraigned-for-allegedly-circulating-nude-video-of-bayelsas-ex-perm-sec-why-sss-should-hands-off-the-case/

AJOBI77:
Make I no lie, I no understand

Tell me the part you don't understand and I will be happy to explain

JANEMENA: HER ALLEGED VIDEO OF "SOMETHING NATURAL" THREATENS HER N500M CASE

Background

In recent times, Nigerian star actress, Tonto Dike, has been at loggerheads with popular Instagram dancer, Jane Mena (Janemena). This was coming at the heels of the seemingly irretrievable breakdown of the love affair between Tonto and her ex-lover, Prince Kpokpogri.

Tonto and Kpokpogri had accused each other of cheating. It remains Tonto's allegation that while she was with Kpokpogri, she had found that he had recorded sex tapes of Janemena and other married women.

Meanwhile, voice notes and even a video seem to have surfaced online, if the news making the rounds on social media are anything to go by.

Janemena, who is married to her long-time lover, Andre Plies, is not taking the allegations lightly. You must have read about how she had submitted a petition to the Inspector General of Police through her Solicitors based on alleged cyberstalking and criminal defamation of her character by Tonto. From the reports, Janemena also threatens to commence both civil and criminal action against Tonto if she fails to retract her alleged defamatory remarks and pay her the sum of about N500 Million as compensation.

Defamation

Clearly, defamation of character is both a civil wrong and a criminal offence.

However, When a person claims (s)he has been defamed, it is an absolute defence that the story behind the alleged defamation is true. This is known as defence of justification under Nigerian Law. This defence applies both to the tort of defamation (civil wrong) and criminal defamation.

Therefore, if Janemena's alleged video of "something natural" is real, Tonto might be free of claims based on defamation of character. The law is only interested in protecting a reputation which exists in a particular context.

Reference to particular context above is important because under Nigerian Law, the person claiming that his/her character has been defamed does not need to prove that he or she is righteous, in order to succeed. This was the position of the Supreme Court in the case of Cross River State Newspapers Corporation v. Oni & Ors (1995) LPELR-898(SC).

What this implies is that, the alleged defamatory statement must be true with regards to the specific narrative in question. You cannot allege that Mrs A slept with Mr. B because it is true that Mrs. A once slept with Mr. C. That could land you in trouble.

Cyberstalking

Let's make a few comments about cyberstalking. Cyberstalking is criminalised by Section 24 of the Cybercrime (Prohibition, Prevention, etc) Act 2015.

Cyberstalking is the act of knowingly or intentionally sending or transmitting any message (through electronic means) that is grossly offensive, pornographic or of an indecent, obscene or menacing character; or false, for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, ill will or needless anxiety to another.

Now, Janemena also claims Tonto is guilty of cyberstalking her. Well, she has an obligation to assist with providing necessary evidence that will help in proving any of the above ingredients of the offence of cyberstalking.

The beauty of the law is such that a person may go free on allegations of defamation but be held liable for cyberstalking.

Conclusion

Hopefully, the issues might be amicably resolved, or judicially determined.

In any case, the world is already conversant with how Janemena commands the wind with her waist. But the world does not need to know to what other use, she puts her waist behind the scenes, except she magnanimously volunteers such "premium content."


Read here - https://stephenlegal.ng/janemena-her-alleged-video-of-something-natural-threatens-her-n500m-case/

SCOURGING AT MADRASA: FOR THE LOVE OF RELIGIOUS BELIEFS AND NOT REALLY OF MANKIND

There is the urgent need to carry out fresh orientation in most of our institutions, especially Islamic schools, with the hope of curbing extremism and gross human rights abuses. Afterall, no man is God.


https://stephenlegal.ng/scourging-at-madrasa-for-the-love-of-religious-beliefs-and-not-really-of-mankind/

SEX TAPE BLACKMAIL: TIWA SAVAGE AND HER DEFENCE OF HER "NATURAL ACT"

Popular Nigerian artiste, Tiwa Savage, recently revealed that she is being blackmailed over a sex tape involving her and her current partner. The blackmailer is demanding money.

Tiwa stated that the sex tape has been made available to her and she confirms the authenticity of it.

According to her, the first thing she did was to forward the video to her manager for advice (not for the manager's viewing pleasure). But was it not enough to call the manager explaining the situation rather than forwarding the video?

- Tiwa's defence -

Well, regardless of whatever else might be the intentions of the blackmailer, Tiwa has made it clear she wasn't going to part with a dime and refuses to be ashamed.

Her reason is that she committed no crime because having sex is "doing something natural." She also boasted that she has the nerves to release the video herself. To her, there's no guarantee that after paying, the video won't still find its way into the public domain. Worse still, payment might be for eternity.

Knowing the effect the release of the video (whether by herself or by the blackmailer) might have on her son, Tiwa is prepared to brace him up for possible future "attacks" by any rude fellow who may wish to upset him. Beyond this, Tiwa mustn't forget to advise her son against premarital sex or making video of the act while at it.

- Smart move -

Tiwa is smart. She made the right move by releasing the statement in an attempt to seriously play down the situation. She leaves her blackmailer feeling defeated or challenged.

If the blackmailer has the nerves to release the video, he or she may be possibly traced eventually, no matter how long it takes. Blackmail is a criminal action, as well as any unauthorized release of the sex tape without the victims' consent.

- The errors -

Having said that, it is true that having sex is something natural. But making a video of it is not. By making such video, in spite of the numerous opinions against such practices, Tiwa is perhaps further confirming that she's actually as crazy as she claims.

But the partner might not be. We were told that he is a regular guy, not famous. But he might become famous eventually if the video sneaks out.

- How did the video leak? -

How the video got into the hands of the third party (blackmailer) is worrisome. The "something natural" was not a party. Tiwa said her lover accidentally uploaded the video on Snapchat but immediately deleted it upon realising the error. Thus, the upload by her unfamous lover wasn't an infamous conduct but a mistake.

This brings us to the second part of the unfortunate situation. Not only was the sexual activity recorded, it was uploaded. This too isn't something natural but silly.

Tiwa has come in quick defence of her team, even when the arguably most important member of her team (her lover) deserves a knock on the head. He may still get it at least before being treated with something natural ever again.

- What next? -

Perhaps, Tiwa can leave it at that without involving the law enforcement agents at this stage, bearing in mind that before any investigation can be carried out, the officers must see the video first, even though 'reluctantly.'

https://stephenlegal.ng/sex-tape-blackmail-tiwa-savage-and-her-defence-of-her-natural-act/

COURT OF APPEAL CONFIRMS THE SENTENCING OF A WOMAN WHO ENSLAVENED HER YOUNG NIECES: LESSONS

The story*

Two young ladies, Chinaza and Favour, are nieces of a woman named Gift Nonye Ukatu. Their parents gave them to her to be placed in school and looked after. The girls were about 12 years old when they were brought to the woman. She placed them in school but after some time, she withdrew them.

While the girls lived with their aunt, she maltreated them by starving them of food, beating and inflicting injuries on them, stopping them from going to school, tying and chaining them at the balcony of her apartment (when they did something wrong), and locking them up in the toilet.

On 7 December 2015, one of the girls attempted to escape from the house of their aunt (two storey building) with a rope and was rescued. The matter was reported to the Police which in turn referred the matter to National Agency for Prohibition of Trafficking in Persons (NAPTIP). Trouble began.

The woman was charged

The woman was charged before the High Court of Lagos State, tried and convicted of the offences of harbouring persons under the ages of 12 years for the purposes of forced labour and as domestic workers and treatment as slaves contrary to the provisions of Sections 22(a), 23(1)(a) and 25(a) of the Trafficking in Persons (Prohibition) Enforcement and Administration Act, 2015 ("The Act".

The trial Court sentenced the woman for terms of imprisonment for the said offences.

The woman appealed to the Court of Appeal. On 25 September 2020, her appeal was partly successful.

- On allegation of forced labour -

The Court of Appeal held that there was no evidence that the woman recruited and harboured her nieces for the purpose of forced labour as provided for under Section 22(a) of the Act. The Court was of the view that forced labour entails coercion, force and compulsion (mental, psychological or physical), used by one person over another to do or provide service unwillingly and forcefully.

The Court concluded that washing of plates, children's clothes, sweeping the house and bathing of the woman's children by the girls cannot amount to forced labour.

- On allegation of engaging the girls as domestic workers -

Section 23(1)(a) of the Act states that any person who employs, requires, recruits, transports, harbours, receives or hires out a child under the age of 12 years as a domestic worker commits an offence.

The Court of Appeal found that the girls were barely or almost 12 years of age as at the time they began to live with their aunt. There was evidence too that the girls were taken to live with their aunt and to be put in school and not as domestic workers or servants who were to work for pay or salary. The Court concluded that doing some domestic chores does not constitute proof that the girls did so as domestic workers specifically employed, recruited or harboured to do so. The Court held the woman not liable.

- On allegation of treating the girls as slaves -

Section 25(a) of the Act criminalises the act of dealing, keeping, receiving or harbouring any person for the purpose of holding or treating that person as a slave. The punishment is imprisonment for not less than 7 years and to a fine of not less than N2 Million.

A "Slave" is defined by the Act as a person who is held in bondage, whose life, liberty, freedom and property are under the absolute control of someone.

It was here that the woman's hopes of gaining freedom from the shackles of the law were dashed. Garba, JCA made certain of this. After a consideration of facts and evidence, His Lordship held (at page 560):

The way and manner the Appellant [The woman] treated PW1 and PW2 [Chinaza and Favour], from the evidence, was quite unusual, abnormal, inhuman, wicked and even cruel for any aunty to deal with her twelve year old nieces in the presence of her children. Of course, the Appellant was supposed to properly bring up PW1 and PW2 as disciplined children who would eventually be responsible adults, but in so doing, the law does not allow or permit her to subject them to servitude of chaining, tying, beating and starvation, thus denying them or curtailing their freedom and right to be children that should be be cared for and loved. If the Appellant could no longer keep or allow PW1 and PW2 to go to school and take proper care of them, as she understood and promised to do to their parents, as a mother and an aunty to them, she should have immediately taken or returned them back to their respective homes and not to resort to subjecting them to starvation, beating, tying and chaining and stopping them from going to school."

On his part, Ogakwu, JCA held (at page 566):

"The evidence clearly established that the Appellant held her victims who were about twelve (12) years old in bondage and that they were absolutely under her control, such that the PW1 attempted to use a rope to escape from the two storey building apartment of the Appellant."

The Court of Appeal unanimously affirmed the conviction and sentencing of the woman for the offence of slavery under Section 25(a) of the Act.

Lessons

From the above, there are a number of lessons to learn. Men and women must be mindful in treating people, especially, young persons under their care. Just like the Court advised, if at any point you find the person you're living with intolerable, terminate the relationship by letting the person go. The woman had no justiable excuse for treating the girls (her nieces for that matter) with such level of cruelty. Chinaza and Favour were favoured, in that they were timely rescued. There are others languishing in anguish.

*Ukatu v. F.R.N. [2021].

https://stephenlegal.ng/court-of-appeal-confirms-the-sentencing-of-a-woman-who-enslavened-her-young-nieces-lessons/

ATM DISPENSE ERROR: WHAT THE COURT OF APPEAL DECIDED AND WHY ALL BANKS SHOULD CARE

In the case of Mr. Moses G. Jwan v. Ecobank Nigeria Plc & UBA Plc [2021] 10 NWLR (Pt. 1785) 449, Jwan was a customer of Ecobank. He used the Automated Teller Machine (ATM) card issued to him by Ecobank on the ATM belonging to UBA where he tried to withdraw the sum of N10,000. His case was that he slotted his card into the ATM and requested for cash but none was dispensed. He was however debited.

Every ATM card user in Nigeria is familiar with this development. It's a usual occurrence. Normally, when it happens, banks have dispense error forms with which you can lodge your complains and it will be dealt with in a couple of days. In some cases, the customer will receive a reversal automatically even without lodging a formal complain.

Apparently, Jwan wasn't so lucky. He didn't get a reversal. He lodged complains at his bank, Ecobank, and at UBA. But both banks seemed to claim that Jwan was bluffing as their records showed that the ATM paid him.

Aggrieved, Jwan sued both banks at the High Court claiming that they were negligent. He relied on the doctrine of res ipsa loquitur. By this he claimed that he could not explain why he was debited but was not paid. He relied on his account statement showing the transaction. He therefore urged the Court to infer from the circumstances that the banks must have been negligent.

The banks denied liability. They relied on the bank statement showing the debit and also on a faded piece of paper (which was claimed to be a journal record of the transaction). The trial Court relied on both documents to hold that the transaction was successful and that Jwan failed to prove his case.

- Jwan's appeal to the Court of Appeal -

Jwan appealed to the Court of Appeal. The appeal was decided on 23 March 2020. The Court knocked the trial Judge for relying on the faded piece of paper (Exhibit 19). It held that the faded document has some scribbling that cannot be read. Thus, no probative (or meaningful) value can be attached to it. The Court held it to be a worthless piece of paper and consequently expunged it from the record of the Court.

We are now left with the statement of account. The Court of Appeal held that the statement of account proved that indeed there was a debit as claimed by Jwan. The Court was of the position that Jwan has successfully raised an inference of negligence on the part of the banks when he alleged that he was not paid by the ATM, the amount debited on his account. The Court aptly explained the legal status of ATM cards and the obligation of banks. Aliyu, JCA stated:

"The ATM card issued by a bank being akin to a cheque, which must be honoured on request once there is enough funds in the customer’s account, and failure to do that will mean the banker is in breach of the duty of care owed to its customer. No doubt it is one of banking innovations to use an ATM card by a customer to request for and withdraw cash from his bank account, and indeed a specialized banking service offered by the Respondents. [Ecobank and UBA] Therefore, the issuance of the ATM cards by the banks to its customers carry with it the duty to ensure that both the cards and the ATMs work as they are meant to and where there is failure of these services to a customer, the banks are duty bound to explain what happened. This is quite common since the ATMs and their operations are under the control and management at the banks."

The Court of Appeal was of the view that the banks in this case failed to supply useful explanations regarding Jwan's claims. The Court held that merely supplying documents to show Jwan was debited doesn't answer the question of non-payment by the ATM, especially when the banks' witness admitted that ATM dispense failure or error is a usual occurrence. According to Aliyu, JCA:

"What was required to discharge the presumption of negligence against the 1st Respondent (Ecobank) or its officers is an explanation of how that could have happened without its negligence or failure of duty of care owed to the Appellant. This is especially so because its witness DW1 admitted that there are situations where the ATMs debit a customer’s account without paying him the cash requested, which was what the Appellant complained of. Indeed, the evidence of the 1st Respondent only supported and strengthened the case of the Appellant of negligence against it. The effect of this is that the 1st Respondent did not rebut the presumption of negligence against it in this case."

- The implication -

The natural implication of the above case is that banks are called upon to wake up in the management of ATM transactions. A thorough investigation of ATM dispense issues will often reveal what truly transpired on the machines. This is the reason banks are ordinarily able to resolve dispense error claims. Undoubtedly, ATMs are powered by technology. The IT departments saddled with ATM operations in banks will normally take necessary steps internally to get to the root of the problems.

The instant case appears to represent one of those cases where the banks perhaps failed to do thorough internal investigations. Otherwise, the banks would have furnished the Court with detailed explanations. For instance, Ecobank's witness was a customer service manager! It was not clear whether the witness was a qualified IT personnel who can articulate the technical aspects of the ATM technology and help the bank to disprove negligence.

- No automation of liability -

Nonetheless, the Court of Appeal is not saying that once there is ATM dispense failure, the banks become automatically liable. No. The automation of the ATM does not mean automation of liability on the part of the banks. This is the reason Aliyu, JCA clearly held that where there is a failure, the banks should explain what happened.

Lastly, it must be mentioned that if you're looking to pounce on the banks whenever a particular ATM fails to pay you, even without debiting you, you need to think again. Likening an ATM card to a cheque as done by Aliyu, JCA doesn't totally mean all the rights attached to cheques also attach to ATM cards. While a cheque is a negotiable instrument, ATM card is not, precisely. ATM service is a technology-driven service that makes various kinds of banking transactions possible using the ATM card. Thus, while Mr. A can issue a cheque to Mr. B stipulating certain amount to be paid to Mr. B upon presentation, Mr. X cannot issue an ATM card to Mr. Y as a means of payment. The analogy by Aliyu, JCA was for mere illustration which is applicable only to the extent that as long as you have funds in your account, you should ordinarily be able to access it using your ATM card.

And yes, cases are to be applied with caution, with due regards to the facts. Generally, there are lots of dimensions to ATM cases. Jwan's case touched on the tort of negligence. We are yet to explore what contract law has to say.

PS: You see those tiny write-ups contained in the ATM card application form you signed, they are not their for jokes.

Read here - https://stephenlegal.ng/atm-dispense-error-what-the-court-of-appeal-decided-and-why-all-banks-should-care/

HUNTERS FIGHT OVER BUSHMEAT, ONE DIES, COURT ORDERS THE OTHER TO BE KILLED

On 25 January 2014, somewhere in Kebbi State, a group of hunters went on a hunting expedition. One Muhammadu Sani Kalgo and one Mohammed Bandi were among them. Fight broke out over bushmeat.

Kalgo didn’t take lightly some things Bandi told him during the fight. Annoyed, Kalgo used an axe to break Bandi’s head. A typical case of “I go break your head” which was successfully executed. Bandi was rushed to the nearest hospital and later transferred to the University Teaching Hospital, Sokoto where he died 12 days later.

Kalgo was arrested, tried, convicted, and sentenced to death. (Perhaps the “bushmeat” they killed wasn’t an ordinary animal, afterall).

Kalgo appealed to the Court of Appeal but the appeal failed. Aggrieved, he proceeded to the Supreme Court. On 15 January 2021, the Supreme Court confirmed that he deserves to die and will die.

Kalgo had simultaneously raised the defences of self-defence and provocation during his trial. This was fatal. Abba Aji, JSC mocked the approach.

*See link below for what the Supreme Court had to say. It's an eye opener.

https://stephenlegal.ng/hunters-fight-over-bush-meat-one-dies-court-orders-the-other-to-be-killed/

IPOB AND THE ILLUSION OF HUMAN RIGHTS IN THE LAND OF THE RISING SUN

I understand the struggle. The Biafran ideology existed before the Indigenous People of Biafra (IPOB) was formed and even before the emergence of Mazi Nnamdi Kanu, the leader of IPOB.

The Biafran ideology has been kept alive by the activities of IPOB. The Federal Government of Nigeria led by President Buhari has been at loggerheads with IPOB without evidence of due attention being paid to the basic ideas behind the Biafran agitation, such as the claim of marginalization and respect for human rights.

Proscribing IPOB as a terrorist organization was over the bar. Treating them "in the language they understand" is worse. Many are left wounded and scarred. Casualties seem to lie on both divides.

Whether provoked or unprovoked, members of IPOB have not been conducting themselves in quite a commendable manner, at least in recent times. This has led to several grave allegations being leveled against the Group.

Talking about misguided moves, for instance, IPOB had announced a weekly sit-at-home order in solidarity with the leader of the Group held in captivity - An order that seeks to grind activities to a halt every Monday in areas marked as Biafran regions, especially in the South East of Nigeria. There appears to be due compliance, borne out of willingness as well as compulsion (real and technical). Technical compulsion in terms of those who sat at home out of fear for IPOB "Law enforcement wing"; including business organizations like banks who shut down to avoid perceived danger.

We have read reports of vehicles destroyed and persons grievously attacked for disobeying the sit-at-home order - An order which IPOB leadership has now reportedly relaxed with a commitment to deal with any member or members still purporting to enforce it.

I personally tried to engage some persons fully identifying with IPOB, both as members or as merely Biafran agitators regarding the enforcement procedures. I raised issues bordering on what appeared to be human rights abuses. I was told that anyone who disobeys IPOB's orders deserves to die. I was terrified. I tried to educate and re-educate them on the core mandates of Human Rights - Rights attaching to every human being which States and everyone must respect. When these rights find their way into written laws of States like we have in Chapter IV of the Constitution of the Federal Republic of Nigeria 1999 (as amended), they are called Fundamental Rights. We also have them in the African Charter on Human and Peoples' Rights and Universal Declaration of Human Rights. These other international legal instruments are respected across Africa and the world.

Curiously, there appears to be doubt whether IPOB which laments that the Nigerian Government lacks respect for human rights respect human rights. To take actions capable of destroying lives and properties for failure to obey sit-at-home order is against the dictates of human rights.

Without due regard to human rights, IPOB's dream of a land of the rising sun might be a land of the dying sun for those who will make it there.

https://stephenlegal.ng/ipob-and-the-illusion-of-human-rights-in-the-land-of-the-rising-sun/

The Lagos State Government has announced that it is illegal for beggars to beg on the streets of Lagos and that it's an offence to give alms to beggars. If you desire to give alms, do so through religious bodies or charity organisations; and that failure to comply is an offence.

Street begging has been taken to be a nuisance. Reports have it that street begging has also been deployed as a means to commit robberies and other criminal activities. Thus, to criminalize street begging, reliance has been placed on Section 157(1) of the Criminal Law of Lagos State, 2015 which defined nuisance as any act which prevents the public from having access to any part of a highway by an excessive and unreasonable use of it or any unlawful act which causes inconveniences or damage to the public.

It is arguable whether street begging alone without any evidence of obstructing the highways or involving in any criminal activity, or causing any inconvenience or damage to the public is sufficient to become a criminal offence.

More so, it is doubtful whether there's any written law under which a person who wilfully gives alms to street beggars would be reasonably charged.

Admittedly, activities of street beggars in Lagos need to be curbed. To that extent, the Government is commended for the proposed initiative of rehabilitating the destitutes taken off the streets in government correctional centres. It is understood that treatment, psychosocial therapy and vocational training among others would be provided in order to better the lives of these beggars. This is laudable notwithstanding the cost implication. Otherwise, our regular prisons may not contain them.

While honest destitutes would benefit, those who have chosen street begging as a career, including corporate street beggars, may need to have a rethink. There's dignity in labour. Those committing crimes using begging as a strategy have their days numbered.

We must all join hands to make Lagos State greater.

https://stephenlegal.ng/street-begging-and-giving-alms-to-street-beggars-in-lagos-are-illegal/