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Ekweremadu’s 40, and the colour of Nigerian justice

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Focus on the electoral contest next month may have shifted it off the front burner. Still, Nigerians should pay keen interest regarding the jail and indefinite detention of former Deputy Senate President Ike Ekweremadu by a London Court. The many issues involved in the matter are unfolding daily and concerning the citizenship of Nigerians, the role of the sovereign, rights and responsibilities and how government agencies function.

British authorities arrested Ekweremadu in mid-2022 for alleged intention to harvest the organ of a young man as a donation to save his daughter’s life. The young man agreed with the Ekweremadus on the missiqon but turned against them in London. He claimed to be a minor. Facts on the ground so far show that he lied brazenly.

Curiously, the London High Court refused Ekweremadu bail. The Economic and Financial Crimes Commission of Nigeria was the instigator that wrote to the court not to allow Ekweremadu out on bail for a bailable offence. EFCC then got an interim forfeiture order from Mr Justice Inyang Ekwo at an Abuja High Court seeking to seize forty (40) properties it insinuated Ekweremadu acquired illegally and corruptly.

Mr Justice Inyang Ekwo of the Abuja High Court granted the exparte order in November 2022. On Friday, 20 January 2023, he cancelled the interim forfeiture order granted against Ekweremadu on the 40 landed properties. Mr Justice Ekwo discovered that EFCC obtained the order fraudulently by concealing information. Ekwo said EFCC knew Ekweremadu was in lawful custody in the United Kingdom but failed to make the vital information available to the court.

Mr Justice Inyang Ekwo agreed with Ekweremadu’s counsel Chief Adegboyega Awomolo that Ekweremadu could not possibly defend his alleged ownership of the properties while in detention in the UK.

Justice Inyang Eko stated, “I have been asking myself the question repeatedly: How can a citizen of Nigeria who is incarcerated outside the country, to the respondent’s knowledge, be expected to show cause in action in Nigeria brought by the respondent?

“How do you help tie down a man and initiate a fight and demand that the same man you helped tie down must defend himself?”

We tackled this subject in November 2022. The Public Sphere declared that “the EFCC has failed to prove illegality. The Nigerian state has deployed underhand tactics. EFCC got a court declaration by sleight of hand after previous failures in the normal court process to indict Ekweremadu”.

Now the court has affirmed my layman’s verdict. Justice Ekwo added, “I do not think that the desired objective of the legislature in enacting the provision of Section 17 of the Advance Fee Fraud and Other Related Offences Act (AFFOROA), 2006 relied upon by the respondent (EFCC) in initiating the proceeding to obtain an ex parte order of interim forfeiture order was for the provision to be used in any circumstance where the person affected is not in a position to defend himself or show cause as required.

He disagreed with the EFCC’s argument to force the matter.

“I do not think that this position is correct. The requirement to file an affidavit to show cause, under S. 17 of the AFFOROA, 2006, will hold strong in a normal situation where the person required to do so is not fettered by any act, condition or situation that amounts to a deprivation of the right to show cause as required by law.

“This, in my opinion, is an unconscionable act. The respondent’s act shows that this action was brought in bad faith. In law, bad faith entails dishonesty of belief or purpose”.

The court noted the existence of other claimants to the 40 properties EFCC alleged belonged exclusively to Ekweremadu. They include the Anambra State government that filed a claim.

The honesty of Justice Inyang Ekwo is refreshing. He called out the EFCC for dishonesty, duplicity and bad faith, and the deceit angered him. Kudos to Justice Ekwo for showing that the colour of Nigerian justice is not only red.

There are more significant concerns about the treatment of Mr Ike Ekweremadu. Remember that Mr Ekweremadu is a ranking member of the Senate and was its Deputy President. What happens to ordinary folks if Nigeria can throw such an influential citizen to the dogs? Who has such a bitter issue with Mr Ekweremadu that requires disgracing Nigeria and ignoring all consular protocols? What kind of state is Nigeria if high-ranking citizens cannot get assistance from home in their trials outside our shores, not to mention ordinary citizens?

The Nigerian state is enjoined to protect citizens, maintain law and order, protect the fundamental human rights of citizens and maintain external relations that provides cover for citizens wherever they are in the world. It is not within contemplation that state organs such as the EFCC would load the dice against citizens and go out to bend justice to serve nefarious purposes. Indeed, state organs must observe the insurance rule of The Neighbour Principle. Developed by Lord Atkin, the Neighbour Principle stipulates a duty of care. “The principle is that one must take reasonable care to avoid acts or omissions that could reasonably be foreseen as likely to injure one’s neighbour. A neighbour is someone who was so closely and directly affected by the act that one ought to have them in contemplation as being so affected when directing one’s mind to the acts or omissions in question,” according to the Law Dictionary.

Even in the pursuit of its core duty of maintenance of law and order, state organs have a duty of care to citizens and must observe the neighbour principle. EFCC fell far short in the Ekweremadu matter. They should remedy their misbehaviour urgently.

 

By: Chido Nwakanma

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Organiser unveils speakers, panelists for the 2024 Industry Summit

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The organiser of the Industry Summit, an annual gathering for professionals and experts in brand marketing, finance, sustainability, and entertainment, has announced the speakers for the fifth edition of the summit in Lagos.

 

 

 

The event themed: Sustainable Marketing for Growth would feature the marketing director of Nigerian Breweries Plc, Mr. Emmanuel Oriakhi as keynote speaker while the head of unit, sustainability at Access Bank, Mrs. Omobolanle Victor-Laniyan and manager brand, strategy & communications at Stanbic IBTC, Ms. Rita Akao would feature as guest speakers.

 

 

 

The summit, which is scheduled to hold on Friday, May 3rd, 2024 at the Marcelina’s Place Ikeja GRA, Lagos would feature some exhilarating panel sessions with some of the contemporary professionals in the Nigerian brand and marketing industry.

 

 

 

The panelists include; Ms. Chioma Mbanugo, Head of Marketing PZWILMAR, Mr. Abiodun Coker, Team Member Media, UBA, Mrs. Mabel Adeteye, Head, Brand & Marketing Communications, Wema Bank PLC, Mr. Kevin Olumese, Marketing Communications Specialist, and Mr. Adeola Kayode, Head, Brands & Creative Services, 9mobile Nigeria.

 

 

 

Others who have confirmed participation are Ms. Aisha Anaekwe, Head, Brands & Comms, Coronation Group, Mrs. Victoria N’dee Uwadoka, Public Relations, Public Affairs & Sustainability Lead, Nestle Nigeria Plc, Mr. Samson Adeoye, Public Relations Manager, Airtel Nigeria, Mrs. Oluwatosin Odiagbe, Marketing Manager, Simba Solar and Ms. Arinola Shobande, Head of Marketing, Showmax.

 

 

 

While Oriakhi would be speaking to the topic, ““New Age Marketing – Catalyzing Transformation Through Value Chain Innovation, Technology, Analytics & Sustainability”, Victor-Laniyan and Akao would present papers on the topics; “Aligning organizational objectives with sustainable marketing for the good of the people, society and business, and “Reimagining Sustainable Growth Through Green Marketing” respectively.

 

 

 

In the press statement signed by the Publisher of The Industry Newspaper/Convener of The Industry Summit/Awards (TIES), Mr. Goddie Ofose, he said that “The 5th edition of the Industry Summit is focusing on sustainable marketing, which is a purpose-driven practice that works to orientate businesses, brands and society towards a sustainable future, influencing appropriate awareness, aspiration, adoption and action across economic and sociocultural systems by taking necessary accountability for its impacts and opportunities.”

 

 

 

“In today’s ever-evolving world, debating whether to incorporate sustainability into business strategy is no longer an option. Considering a values-driven approach when developing business strategies can be vital to long-term success” he said.

 

 

 

Therefore, we have carefully selected these professionals and experts to deliberate on the subject matter, highlight challenges and proffer solutions where private and public sectors could take lessons from and improve upon whatever they have been doing,’ Ofose added.

 

 

 

The Industry Summit/Awards is a brainchild of The Industry Newspaper Limited, publishers of The Industry Newspaper (theindustry.ng) and 789marketing.ng.

 

 

 

The summit is designed to bring together industry leaders across the continent in all sectors in the quest to rev up conversations that will move the Nigeria business, economy and communication industry forward.

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IBEDC records 1,459 energy theft cases in January, February

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The Ibadan Electricity Distribution Company said it has recorded 1,459 cases of energy theft by its subscribers between January and February 2024.

This was disclosed in a press statement signed by the firm’s Chief Key Accounts Officer, Mr. Johnson Tinuoye, on Tuesday.

IBEDC added that it is actively pursuing investigations and legal actions against individuals and businesses involved in the theft in collaboration with the Federal Government Special Investigation and Prosecution Task Force on Electricity Offences.

Identifying the cases, IBEDC said they included various offences such as meter bypass and illegal meter tampering, which resulted in significant financial losses amounting to hundreds of millions of naira for the company.

The statement read, “We want to send a clear message to our customers that energy theft will not be tolerated. Our collaboration with the Federal Government Special Investigation and Prosecution Task Force on Electricity Offences underscores our commitment to ensuring a fair and just electricity distribution system.

“Energy theft not only undermines the integrity of our operations but also deprives IBEDC of the revenue necessary to provide quality services to our customers.”

Tinuoye emphasised that under the Electricity Act, energy theft is now recognised as a criminal offense, carrying severe penalties including imprisonment stressing, “In the Osun region, two individuals were apprehended for stealing energy through meter bypass and illegal connections. Their cases have been formally charged in court for prosecution.”

IBEDC further urged customers to refrain from engaging in any form of energy theft, emphasising that the consequences can be severe, as there is no room for negotiation with the SIPTEO Task Force team, which is actively patrolling and investigating instances of energy theft for prosecution.

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Copyright Breach: NCC Drags MTN, Others To Court Over Musician’s Works

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The Nigerian Copyright Commission (NCC) has filed criminal charges against MTN Nigeria Communications Ltd. and four others over alleged copyright infringement.

The charge with number FHC/ABJ/CR/111/2024 filed in the Abuja Division of the Federal High Court was obtained by journalists on Monday.

News Agency of Nigeria (NAN) reported that the four other defendants in the case include the chief executive officer of MTN Nigeria, Karl Toriola; Nkeakam Abhulimen, Fun Mobile Ltd.; and Yahaya Maibe.

In the three-count charge, NCC alleged that the defendants, between 2010 and 2017, “offered for sale, sold and traded for business’’, infringed the musical works of an artiste, Maleke Idowu Moye, without his consent and authorisation.

The commission alleged that the defendants used musical works and sound recordings of Mr Maleke with subsisting copyright as caller ringback tunes without the authorisation of the artiste.

The musician’s musical works and sound recordings allegedly infringed upon included 911, Minimini-wanawana, Stop Racism, Ewole, 911 instrumental, Radio, Low Waist, and No Bother.

The defendants were also alleged to have distributed the musical works to their subscribers without authorisation, thereby infringing on the rights of the artiste.

In the third count, the defendants were alleged to have in their possession, other than for their private or domestic use, the artiste’s musical works and sound recordings.

According to NCC, the alleged offences are contrary to and punishable under section 20 (2) (a) (b) and (c) of the Copyright Act, Cap. C28, Laws of the Federation of Nigeria, 2004.

The case has yet to be assigned to any judge, and no date has been fixed for the mention.

Meanwhile, no official statement has been released by any of the defendants as at the time of filing this report, while all efforts to get reactions from MTN by New Telegraph proved abortive.

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