DD
MM
YYYY

PAGES

DD
MM
YYYY

spot_img

PAGES

Home Blog Page 3812

Australia Rejects Labor Party’s Crypto Regulation Bill

0

The Australian government has decided to reject a bill that would have introduced new regulations for the cryptocurrency industry. The bill, which was proposed by the opposition Labor Party, aimed to create a legal framework for crypto assets and service providers, as well as to protect consumers and investors from fraud and scams.

The bill was based on the recommendations of a Senate inquiry into Australia’s future as a technology and financial centre, which was released in October 2022. The inquiry found that Australia was lagging behind other countries in terms of crypto innovation and adoption, and that a lack of regulation was creating uncertainty and risk for the industry.

The bill had several key features, such as:

Defining crypto assets as digital representations of value that are secured by cryptography and can be transferred, stored or traded electronically.

Establishing a licensing regime for crypto service providers, such as exchanges, wallets, custodians and brokers, and requiring them to comply with anti-money laundering and counter-terrorism financing rules, consumer protection laws and data privacy regulations.

Creating a registration system for crypto asset issuers, such as initial coin offerings (ICOs) and security token offerings (STOs) and requiring them to disclose relevant information to investors and regulators.

Setting up a dispute resolution mechanism for crypto-related complaints and disputes between consumers, investors and service providers.

Empowering the Australian Securities and Investments Commission (ASIC) to oversee and enforce the crypto regulations and to issue guidelines and standards for the industry.

The bill was rejected by the ruling Liberal-National Coalition, which argued that the proposed regulations were too restrictive and would stifle innovation and competition in the crypto sector. The Coalition also claimed that the existing laws and agencies were sufficient to deal with the risks and challenges posed by crypto.

The government claimed that it was already working on a comprehensive approach to crypto regulation, in consultation with relevant stakeholders and regulators. The government also said that it was monitoring the global developments and best practices in crypto regulation, and that it would adopt a balanced and proportionate response that would support the growth of the sector while ensuring consumer protection and financial stability.

However, the Labor Party and some crypto experts disagreed with the Coalition’s stance, saying that the bill was necessary to provide clarity and certainty for the crypto industry, as well as to align Australia with international standards and best practices. They also warned that without proper regulation, Australia could lose its competitive edge and reputation as a crypto-friendly nation.

The rejection of the bill has sparked mixed reactions from the crypto community in Australia and abroad. Some welcomed the decision, saying that it showed the government’s support for innovation and freedom in the crypto space. Others criticized the decision, saying that it showed the government’s ignorance and indifference towards the crypto industry and its potential benefits for the economy and society.

The Labor Party said that the bill would have provided much-needed clarity and certainty for the industry, as well as enhanced consumer confidence and trust. They also said that the bill would have aligned Australia with other jurisdictions that have already implemented or are developing crypto regulation, such as the UK, Singapore, Japan, Canada, and the US.

YCombinator’s Summer 2023 List Shows That Investors LOVE AI Startups

2

It is an intriguing data from Summer 2023 YCombinator class: of the  218 startups the US-based accelerator is backing, about 159 are broadly AI-anchored companies. The Information wrote: “This year, more than 60% of the group—or 134 startups—are building applications or tools around artificial intelligence, mostly related to large-language models, according to YC’s startup directory. In past YC groups, the percentage of startups bucketed under “AI” has trended below 20%. The huge increase demonstrates the recent fervor from founders and investors alike for this hyped-up industry.” Tekedia Capital Syndicate invested in one of these startups.

Then the shocker: of these 218 companies, only three are coming from Africa (Nigeria, Kenya/Rwanda and Congo/US/Canada)

Finding a native AI-company is challenging in Africa. To balance our portfolio for the next edition of Tekedia Capital investment cycle, as there is just no way we can present the startups to members without an AI company, we resorted to shopping at Silicon Valley, and co-invested with YCombinator.

But what is an AI company? But what is an AI company? In the simplest of terms, a company which applies the wonders of AI in any of the many things we do daily or in company operations, where AI becomes the catalyst to improve performance, reduce cost and accelerate innovation. Yes, you can have an AI application in your agro-business, retail business, ecommerce, etc. It is time for that transformation in Africa. If you are building a really good one, let me know

Child Custody Under Nigerian Law

0

Custody of a child involves the care, control and maintenance of a child as granted by a court to one of his parents as obtainable via an order of court in a divorce or separation suit or a situation of the child being orphaned. 

This article will be focused on the concept of child custody, with a focus on :-

– Factors involved in granting child custody.

– Maintenance of a child in custody

– Legal Framework governing child custody in Nigeria

What are the factors taken into consideration when granting an order of child custody in Nigeria?

The factors that influence who gets a grant of child custody include :-

– The wish of the child

– The conduct/character profile of the parties in the custody dispute

– The age and sex of the child

– The existence of welfare arrangements for the child

– The child’s age and gender

– Medical needs of the child

What are the most important provisions of Nigerian law regarding child custody?

The Matrimonial Causes Act 

– Section 71(1) states that in proceedings with respect to the custody, guardianship, welfare, advancement or education of children of a marriage, the court shall regard the interests of those children as the paramount consideration and subject thereto, the court may make such order in respect of those matters as it thinks proper.

– Under Subsection (1) of the provision above, the court may adjourn all proceedings until a report has been obtained from a welfare officer on such matters relevant to the proceedings as the court considers desirable, and any such report may thereafter be received in evidence.

– In proceedings with respect to the custody of children of a marriage, the court may, if it is satisfied that it is desirable to do so, make an order placing the children, or such of them as it thinks fit, in the custody of a person other than a party to the marriage.

– Where the court makes an order placing a child of a marriage in the custody of a party to the marriage, or of a person other than a party to the marriage, it may include in the order such provision as it thinks proper for access to the child by the other party to the marriage, or by the parties or a party to the marriage as the case may be.

The Child Rights Act

– Section 69 of the Child Rights Act provides that the court may :-

a). On the application of the father or mother of a child make such order as it may deem fit with respect to the custody of the child & the right of access to the child of either parent, having regard to :

– The welfare of the child and conduct of the parent.

– The wishes of the mother and father of the child.

b). Alter, vary or discharge an order made under the paragraph a) above of the Section 69 (1) of the Child Rights Act on the application of :-

– The father or mother of the child.

– The guardian of the child, after the death of the father or mother of the child.

c). In every case, make such order with respect to costs as it may think just.

The power of the court under Section 69 (1) of this section to make an order as to custody of a child and the right of access to the child may be exercised notwithstanding that the mother of the child is at that time not residing with the father of the child .

What are the provisions of Nigerian law regarding maintenance of the child and which party is to financially responsible for it?

The Child Rights Act provides that :

– Where a court makes an order granting custody of the child to one one parent, the court may further order that the other party shall pay to the custodial parent monetary sums towards the maintenance of the child on a weekly or other prescribed time basis as the court may, having regard to the means of the paying parent, think reasonable.

What is the validity of child custody clauses in separation deeds?

Under Nigerian law, no agreement contained in any separation deed made between the father and mother of a child shall be invalid by reason only of its providing that the father of the child gives up the custody or control of the child to the mother.

The Story Of A Man, His Son and a Horse!

0

A man with his son embarked on a journey. They opted to use a horse as their means of transportation. They both mounted on the horse and were riding together when passersby saw them and started complaining and calling them names; accusing them of being wicked to have subjected the horse to such inhuman treatment. The Passersby told them; “How can you both be this wicked, How can two of you sit and ride a horse, Don’t you see that the horse is tired and might collapse, your actions are inhuman and wicked”. 

The man with his son paid attention to what the passersby were saying and decided that only one of them should mount the horse while the other person would trek along the horse. The man asked his son to ride on the horse while he walked alongside them so they wouldn’t be accused of treating the horse harshly. 

Immediately as the journey progressed, they met another set of passersby who severely complained and called the son a prodigal boy and asked him how he was able to comfortably ride on a horse whilst his old and fray-looking father was walking alongside them. The boy was called a series of names and then they decided since it’s like this; they both can’t ride on the horse without being accused of maltreating the horse, only the son cannot ride without people tagging the son as a prodigal, they decided that the father should instead ride on the horse while the son will walk along with them on foot. 

The dad mounted on the horse and the boy trekked alongside as they had decided but immediately the journey progressed they met another set of people who stopped them and asked the father how come he was such an irresponsible man to have mounted himself and ridden on the horse while his young son is walking along on a bare foot. They called the father names, and criticized him for doing that. 

At this point, the father and son decided that they should both walk along on foot with the horse. Since they have met stern criticisms riding the horse together and individually. 

As they were both walking along with the horse, they met another set of people laughing at them and calling them foolish. The people asked them how they had a horse and decided to walk along the horse when they could have ridden on the horse to make their journey smoother and faster.

At this point the father and son have exhausted all their options, having found out that whatever they do there must be people along the way who must murmur, complain or criticize their actions. 

There are many morals and lessons to this story but the most important  moral lesson I want you to pick out today from this  is “Do you”. Do  whatever you feel okay with, don’t be a people pleaser, and don’t pay attention to criticisms. If you do, you will get confused and remain on the spot because people must talk. 

PEPT Judgment: Nigerians Cry Blue Murder As Tribunal Quashes Cases Against Tinubu

0

Nigerians are registering their displeasure as the Presidential Election Tribunal delivers its judgment on petitions against the outcome of the February 25 presidential election.

They have cried blue murder, describing the rulings of the PEPT led by Justice Haruna Tsammani as a miscarriage of justice. Other members of the Court of Appeal are: Justice Stephen Adah of the Court of Appeal Asaba division, Justice Misitura Bolaji-Yusuf of the Court of Appeal also of Asaba Division, Justice Boloukuoromo Ugoh of Kano Division and Justice Abba Mohammed of Ibadan Court of Appeal.

The PEPT on Wednesday announced its judgments on suits filed by the Labour Party (LP), the Peoples Democratic Party (PDP), and the APM challenging the election of President Bola Tinubu. 

The petitioners had alleged that Tinubu did not qualify to contest the presidential election owing to his record of forfeiture of $460,000 in proceeds of drug trafficking to the U.S. government. They also alleged that the vice president, Abubakar Shettima, received a double nomination. 

The petitioners also contended that Tinubu did not score 25% of votes in the Federal Capital Territory (FCT) Abuja, as required by law. 

Tinubu’s education also came into question. The petitioners had questioned his claim that he graduated from Chicago State University, without any record of primary and secondary education.

Nevertheless, the bone of contention has been the outcome of the election – which was largely believed to be fraudulent. Voters, political parties, and observers said that the Independent National Electoral Commission (INEC) fraudulently swayed votes to favor Tinubu, thereby subverting the people’s will. 

Based on these and other issues, the petitioners; Peter Obi (LP) and Atiku Abubakar (PDP) had prayed to the tribunal to disqualify Tinubu, with each of them asking to be declared the winner. In the alternative, they asked the court to nullify the election and order a rerun.

However, delivering its judgment, the PEPT quashed most of the prayers. On the issue of INEC’s refusal to comply with the electoral law to transmit results from polling units to IREV in real-time, the court rules: On the substantial non-compliance with provisions of the electoral act as claimed by Peter Obi and the Labour Party, the court holds that INEC can’t be compelled to electronically transmit election results to its results viewing portal or IREV.

On the double nomination charge against Shettima, the court says “disqualification of a candidate on the basis of double nomination is a pre-election matter.” It added that the Vice President’s double nomination was not intentional.

On the forfeiture of $460,000 over an alleged drug case; the court says the case in a US district court in the state of Illinois was a civil matter and not a criminal one. It added that the LP failed to show evidence that Tinubu was arraigned, tried, fined, and sentenced for any criminal offense. The PEPT says Tinubu was not banned from entering the U.S., adding that the U.S. court’s judgment is an action against the property of the president and not an action against his person.

Ruling on the issues of corrupt practices that Obi and the LP alleged marred the election, which include: suppression of votes, inflation of votes, alteration of results, and overvoting, the court says:

“In Rivers and Benue states, during the collation, the petitioners alleged that INEC embarked on massive misrepresentations by uploading fictitious and incorrect votes and that if things had been done properly, they would have won the elections massively in those states. 

“Apart from the figures stated in those 2 states, the other allegations were nebulous. Apart from stating material particulars, other crimes must be pleaded and clearly set out. The proof must be beyond reasonable doubt. The petitioner must produce two sets of results, one genuine, and one false.”

The court also held that Obi’s argument that Tinubu did not score the mandatory 25% in the FCT is “irrelevant.” It says that “the FCT does not enjoy a special status and that Abuja is inhabited by Nigerians and that Abuja does not enjoy any special privilege.”

The PEPT also dismissed 10 out of the 13 witnesses of the Labour Party, saying they lacked probative value. It also held that the EU report on the outcome of the 2023 election was inadmissible.

These, among other judgments of the court centered on the cases of the APM and the LP, have so far been announced against the petitioners, upholding Tinubu’s presidency.

Nigerians cry blue murder

Following the rulings, Nigerians have been expressing their disappointment in the judicial system, saying among other things, that Nigerian courts are for sale.

“To you people thinking Peter Obi Lawyers didn’t file the case well, something is wrong in your head. Their opponents own the field. They own the ball. They own the referee,” Lola Okunri writes on X. “They own the VAR. Peter Obi lawyers cannot escape technicalities bla bla bla. If they do everything right, they will still bring out something. Does this look like sensible judgment to you? Celebrate your nonsense ke koshi danu.”

“Someone who did all that to get into power, you think they’ll just fold hands and wait for some judgment to determine if they will cling on to power or not? The earlier you realize this country is a circus, the sooner you have your peace of mind,” another X user writes.

“These Judges did a better job defending Tinubu than the legal team of Tinubu himself,” Toluwani said.