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Repeal criminal defamation and insult laws, now! – PEN Nigeria

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PEN Nigeria joins PEN International in calling for the repeal of criminal defamation and insult laws across the African continent. We also call for the unconditional release of the Nigerian journalist, Jones Abiri.

As we celebrate World Press Freedom Day today, May 3, 2018, PEN International, Nigerian Centre (aka PEN Nigeria) calls for the repeal of criminal defamation and insult laws. Over 150 writers and NGOs from across the African continent have joined PEN’s calls by signing a PEN petition, led by African PEN Centres, calling on African states to abolish criminal defamation and ‘insult’ laws as a matter of urgency and to release writers and journalists who have been jailed under such charges.

These laws must be repealed as they constitute a clear threat to freedom of expression, one of the fundamental human rights which, according to the Universal Declaration of Human Rights, is the right of every individual to hold opinions without interference, and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Many governments in Africa retain criminal defamation laws that make it a crime to say, write or publish anything that they consider defamatory or insulting. The result is a restriction of freedom of expression, open debate, political criticism and media reporting.

The writers, who include Ngugi wa Thiong’o, Enoh Meyomesse, Abdelaziz Baraka Sakin, Ahdaf Soueif, and Ismaila Samba Traoré, have added their names to the petition highlighting their concerns about the use of defamation laws to silence critics:

‘As African writers, promoters of literature and advocates for freedom of expression, we are deeply concerned by the continued existence in the majority of African states of colonial-era laws, which continue to treat defamation as a criminal offence. These laws are invariably used to silence writers, journalists and others, and often carry heavy penalties, including imprisonment and political disenfranchisement.’

The petition was drawn up in response to research carried out by PEN International on the continued retention of such laws in Uganda, Zambia, South Africa and Sierra Leone and the impact of the repeal of criminal defamation laws in Ghana in 2001. The research culminated in a report – “Stifling Dissent, Impeding Accountability: Criminal Defamation Laws in Africa” – which found that the threat of criminal sanctions deters media investigations into (and reporting of) issues governments consider sensitive, such as high-level corruption, official malpractice or law-breaking, leading to censorship, facilitating official secrecy and undermining accountability.

The petition was presented to the Pan African Parliament in March, 2018, as well as the Chairperson of the African Commission on Human and Peoples’ Rights on 27 April, 2018.

For more information please contact, PEN Nigeria.

Folu Agoi
President, PEN International, Nigerian Centre (aka PEN Nigeria)

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EFCC Arraigns Five Nigerians For Allegedly Tampering With, Forcibly Accessing Forfeited Property In Lagos

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The Economic and Financial Crimes Commission (EFCC) has arraigned five individuals for allegedly tampering with a forfeited property.

Lagos Zonal Directorate arraigned the suspects before Justice A.O. Owoeye of the Federal High Court in Ikoyi, Lagos, on Tuesday.

The defendants, Benjamin Okoye, Moughalu David Arinze, Okey Okeke, Ekene Mgbeokwere, and Eboh Thaddeus, were charged alongside Ilongwo Angela, who is currently at large.

The charge pertains to their alleged unauthorized occupation and tampering with a property located at Plot 165C, Block 12, Amuwo Odofin, Ajayi Street, Diamond Estate, Lagos, which is under an interim forfeiture order to the Federal Government.

The count reads: “That you, Ilongwo Angela (now at large), Benjamin Okoye, Moughalu David Arinze, Okey Okeke, Ekene Mgbeokwere, Eboh Thaddeus, sometime in July 2024 in Lagos State, within the jurisdiction of this Honourable Court, without due authorization dealt, with the property of Obinna Ezenwaka situate and located at Plot 165C, Block 12, Amuwo Odofin, Ajayi Street, Diamond Estate, Amuwo Odofin, Lagos, subject of interim forfeiture to the Federal Government of Nigeria, and you thereby committed an offence contrary to and punishable under Section 32(1) of the Economic and Financial Crimes Commission (Establishment) Act, 2004.”

According to Dele Oyewale, EFCC Head of Media & Publicity, their actions contravened Section 32(1) of the EFCC Establishment Act, 2004. The defendants pleaded not guilty to the charge.

Prosecution counsel Hannatu U. KofarNaisa informed the court that the EFCC was ready to proceed with the trial and presented a witness to testify.

However, the defense counsel, M.C. Odo, representing the first to fourth defendants, requested bail for his clients, citing their prolonged detention. Counsel for the fifth defendant, N. Chukwuemeka, also referenced a prior bail granted to his client.

In response, KofarNaisa stated that she had not received the defense counsel’s bail applications. The court confirmed this and adjourned the case to January 24, 2025, to rule on the bail requests.

The prosecution called Abubakar Mohammed, an EFCC operative and custodian of forfeited assets, as its witness. Mohammed testified that on July 22, 2024, during an inspection of the property, he met the defendants and informed them of its interim forfeiture status.

“Despite being asked to vacate the property, the defendants later broke the padlock and returned,” Mohammed said.

He confirmed their arrest for tampering with the forfeited asset.

The court admitted the interim forfeiture order dated October 6, 2017, as evidence and marked it as Exhibit A. Mohammed further disclosed that the property was subject to a final forfeiture order from the Lagos State High Court.

Justice Owoeye adjourned the trial to February 14, 2025, for the continuation of proceedings, allowing the prosecution to submit additional documents.

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Suspect arraigned for allegedly stealing bank’s N1.1bn

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A 43-year-old man Sunday Ozimede, who allegedly hacked Moniepoint Microfinance Bank Vault and stole the sum of N1,190, 728, 076 bn, from the bank, was on Monday arraigned by the police before the Federal High Court in Lagos State.

The defendant is facing three counts bordering on conspiracy, hacking and obtaining by false pretence preferred against him by the Police Special Fraud Unit.

The PSFU’s Prosecution Counsel, Justine Enang, told the court that the defendant allegedly hacked the microfinance bank and obtained the sum of N945, 728,076m, by false pretence.

Enang told the court that the defendant caused financial loss to Moniepoint Microfinance Bank to the tune of N145m, by planting a bug in the bank’s data system.

He said Ozimede and others now at large conspired, amongst themselves, to commit the alleged offences sometime in May 2024.

The prosecutor told the court that Ozimede fraudulently diverted the above-mentioned money from various Moniepont Microfinance Bank’s customers’ deposited funds through numerous transactions to other banks.

According to the prosecutor, the offences committed contravened Sections 27 (i)(b),14 of the Cyber Crimes (Prohibition, Prevention etc) Act, 2015 as Amended in 2024, and Section 14 (1) of the same Act, and 18(2) (b) & (d) and punishable under Section 18(3) of the Money Laundering (Prevention and Prohibition) Act, 2022.

However, the defendant pleaded not guilty to the charges against him.

Following his not-guilty plea, the prosecutor urged the court to remand him to a correctional centre pending the conclusion of the trial and asked the court for a trial date.

The defendant’s lawyer, Abdulmalik Ibrahim, in a motion for bail, pleaded with the court to admit his client to bail in the most liberal terms.

But the prosecutor opposed the bail application and accused the defendant of being a ‘flight risk’, saying that he might not turn up for his trial if granted bail.

Justice Ambrose Lewis-Allagoa, after listening to the parties’ submissions, admitted the defendant to bail in the sum of N50m, with one surety in like sum.

The judge also ordered that the surety must be a landed property owner within the jurisdiction of the court.

He added that the bail terms must be verified by the court’s registrar and the prosecutor.

The case was adjourned to March 13, 2025, for trial.

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Why we slammed ban on two Nigerian companies – World Bank

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The World Bank Group has explained why it announced a 30-month debarment of two Nigerian companies, including Viva Atlantic Limited and Technology House Limited.

The Washington-based bank disclosed this in a statement issued on Monday.

The ban also affected their Managing Director and Chief Executive Officer, Mr. Norman Didam.

The World Bank said the companies and their CEO were banned for fraudulent, collusive, and corrupt practices linked to the National Social Safety Nets Project in Nigeria.

Accordingly, the bank explained that the project aimed to provide targeted financial assistance to poor and vulnerable households, which was compromised due to several unethical practices during a 2018 procurement and subsequent contract process.

“The World Bank Group today announced the 30-month debarment of two Nigeria-based companies—Viva Atlantic Limited and Technology House Limited—and their Managing Director and Chief Executive Officer, Mr. Norman Bwuruk Didam.

“The debarment is in connection with fraudulent, collusive, and corrupt practices as part of the National Social Safety Nets Project in Nigeria.”

We earlier reported that the companies were indicted for fraudulent handling of the World Bank’s project in Nigeria.

Last year, the Nigerian government secured a $1.5 million loan from the World Bank for key economic reforms, which include fuel subsidies and the introduction of comprehensive tax policies.

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