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Nigeria’s Supreme Court Should Order Longer Dictionary and More Notepads

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The Supreme Court of Nigeria feels our pains with all those nonsensical calls (see press release below). After what happened in Imo State, nothing is new. But it seems to feel the pressure to explain itself after Ahmad Lawan was validated over Bashir Machina in All Progressives Congress (APC) Yobe North senatorial district primaries. I know nothing about the law but if the Supreme is offended, maybe, it could order a long dictionary and longer notepads to explain these calls. 

Mr Ahmad Lawan was running for president on the day APC Yobe North had primaries for Senate, and Machina  was reported to have won. That his party did another one and chose another person even when he was still in the game could be a party’s decision. Yet, where is the defender of the common man here? 

Premium Times summarized: “As of the time the senatorial primary election for Yobe North senatorial district had been concluded, Mr Lawan was jostling for the presidential ticket of the APC which he eventually lost. Bashir Machina emerged as the winner of the senatorial primary election. But the APC would later claim to have within 24 hours after the presidential primary contest organised another primary election won by Mr Lawan, a case the Supreme Court’s decision lent credence to.”

Mr. Machina , stay strong and never lose confidence in yourself. I sympathize with you. Your experience is the reason many do not really want to get close to that jungle of party politics in Nigeria. Many do hope that Nigeria’s Constitution will allow independents one day. But while that happens, the Supreme Court should have order a longer dictionary and more notepads to explain itself better.

READ SUPREME COURT’S STATEMENT IN FULL

PRESS RELEASE

BE MINDFUL OF UNWARRANTED ATTACKS ON JUDICIAL OFFICERS

We have watched with utter dismay some unfortunate events that have been unfolding in the country, particularly within the political landscape, for some days now.

It is so disheartening to learn that some individuals and groups of persons who ought to know better and even assume the revered positions of role models to a larger proportion of the citizens are now sadly, the very ones flagrantly displaying ignorance and infantilism in the course of defending the indefensible.

In an ineptly scripted toxic article, one Farooq Adamu Kperogi, who described himself as a Nigerian-American Professor, decided to plunge into an abysmal pit of irredeemable ignorance by venting convoluted anger on Supreme Court Justices with a view to pleasing his paymasters.

We have made it abundantly clear at different occasions that Judicial Officers are neither political office holders nor politicians that should be dressed in such robes.

Our silence must not be mistaken for weakness or cowardice. Certainly, every Nigerian citizen has inalienable right to express his or her opinion without any encumbrance; but even in the course of expressing such fundamental right, we should be circumspect enough to observe the caution-gate of self-control in order not to infringe on another person’s right.

Even in a state of emotional disequilibrium, we should be reasonable enough to make a good choice of decent words, as every word employed by the pen-happy Kperogi only succeeded in portraying the kind of vacuum that sign-posts all that he has as academic accomplishment. I believe those who possess similar credentials with him are obviously ashamed of celebrating any form of affinity with such a character that has an odious reputation for being a serial verbal assailant over the years, as he sees nothing good in anything good. He has only succeeded in inflicting upon himself a mood of bellicose jingoism which does not represent a mark of honour for any discerning mind or academic, the world over.

Courts don’t advertise or scout for cases for adjudication; but at the same time, we are duty-bound to adjudicate on all matters that come before us with a view to giving justice to whoever justice is due, irrespective of status. No Court in any clime is a Father Christmas; so, no one can get what he or she didn’t ask for. Similarly, all matters are thoroughly analysed and considered based on their merits and not the faces that appear in Court or sentiments that attempt to becloud the sense of reasoning. So, for anyone in his or her right frame of mind to insinuate that the Justices have been bought over by some unknown and unseen persons is, to say the least, a bizarre expression of ignorance, which definitely has no place in law or even in the realm of pedestrian reasoning.

We are not surprised with the surge of these well-orchestrated verbal assaults on Judicial Officers across the country at this period of elections. It is a thing we are used to and are ever ready to absorb whatever comes our way; but there should be some level of decorum and dignity in what we say and do.

Politics should not be played without recourse to good conscience and acceptable moral conduct, as everything is evolving globally. Calling on the Chief Justice of Nigeria to resign or attacking Justices that sit on various panels, as exhibited by a faceless group that calls itself ‘’Progressive Minds Forum,’’ is rather prosaic.

If political parties fail to organize themselves well by managing their internal wrangling maturely and now chose to bring themselves to the Court, we are duty-bound to adjudicate in accordance with the provisions of the law and not the dictates of any individual or deity, as some people would want us to do.

If political parties conduct themselves well and orderly too, the Courts would definitely handle less cases and the political atmosphere will be much healthier than it is currently.

We shall continuously do our best to discharge our constitutional responsibility to keep the country together and move the nation along the path of peace, progress and development. Attacks by groups, political parties or individuals under any guise will not deter us, rather it will boost our resolve to do more for the country.

It is not only petty but equally very unreasonable for anyone to hurriedly link the Hon. CJN Ariwoola to his state of origin and tribe simply because of a particular judgment of the Court. The major problem of Nigeria has always been the undue emphasis of religion and ethnicity in all our dealings. As long as we continue along that path, progress will remain a mirage. As at this moment, over 600 cases have so far gone to Court from just party primaries which were conducted by political parties without any encumbrance or interference from any external bodies. So, will the political parties, Kperogi or any individual now accuse the court of causing such unpleasant intra-party wrangling that defied all internal conflict resolution mechanisms? Most times, some people try as much as possible to disingenuously stand logic on its head to show their level of unimaginable dexterity.

Those who have cultivated the unfashionable penchant of always attacking the Judiciary over every judgment or ruling given should better have a rethink and start channelling such robust energy into some ventures that are more developmental than destructive. We are not politicians and should not, by any stroke of imagination, be cast in that mould either. Nobody’s interest can ever supersede the interest of everybody. Nigeria is bigger than everyone of us. A word is enough for the wise.

DR. AKANDE AWENERI FESTUS

DIRECTOR OF PRESS AND INFORMATION

SUPREME COURT OF NIGERIA

CBN Debunks Reports It Lacks Capacity to Print New Naira Notes

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The Central Bank of Nigeria (CBN) has debunked  reports that its governor, Godwin Emefiele, said on Friday that the apex bank lacks the capacity to print more money due to the incapacity of the Nigerian Security Printing and Minting Company Plc.

The central bank governor was quoted as saying that during the National Council of State meeting held yesterday in Abuja, over the chaotic redesigned naira policy of the CBN.

In a statement issued on Saturday, CBN spokesman, Osita Nwasinobi, said at no time did the CBN governor make such a statement during the Council’s meeting.

According to the statement, Emefiele only told the meeting that the NSPMC was working on printing all denominations of the Naira to meet the transaction needs of Nigerians.

The implementation of the policy has been mired in chaos due to the scarcity of the new naira notes. The governor of Kaduna State had earlier alleged that the central bank printed only N300 billion, which significantly falls short, compared to the over N3 trillion outside the banks’ vaults that it is trying to mop up.

The bone of contention, which is the February 10 deadline set by the CBN for the old naira notes to be returned to banks, has triggered nationwide criticism of the policy. Increasing number of Nigerian states has dragged the federal government to the Supreme Court, citing the amount of suffering the policy is causing Nigerians.

Nwasinobi said while the CBN appreciates the concerns shown by all stakeholders about the distribution of the new Naira notes, the financial sector regulator is alarmed at the extent to which vested interests are attempting to manipulate facts and pitch the public against the Bank.

He added that the CBN remains committed to performing its monetary policy functions, as stipulated in the CBN Act, 2007 (as amended).

“We also wish to restate that the NSPMC has the capacity and enough materials to produce the required indent of the Naira.

“The bank, therefore, wishes to appeal to the public to disregard the said report and exercise more restraint, even as we work assiduously to increase the circulation of the new notes in the country,” he added.

The NCS had asked the CBN to increase currency supply by printing more of the redesigned N200, N500 and N1,000 or allow the old note to co-circulate with the new notes. Emefiele was quoted as saying in response, that the Nigerian Security Printing and Minting Plc (The Mint), is currently under capacity constraints, which means it cannot print adequate new notes to replace the old naira notes.

Speaking also on a viral voice note alleging on social media that the CBN plans to shut down some banks, particularly in a particular geopolitical region of the country, Nwasinobi dismissed it as a lie. He said the claims were illogical and do not comply with the workings of the Nigerian banking system.

“The public is therefore advised to ignore such recordings as they do not represent the policy thrust of the CBN and are only the desperate attempts of persons bent on inciting the public against the Bank,” he stated.

Tekedia Live Begins Today with “Mission of Firms, Innovation and Category-King Companies” By Ndubuisi Ekekwe

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It begins at 7pm WAT today.  Welcome to Tekedia Live, the live component of Tekedia Mini-MBA.  The Zoom link is in the Board http://school.tekedia.com/. Let’s co-learn and advance our knowledge systems.  Next week, our faculty from Microsoft and SAP Africa will extend the academic excursion which will run for months.

A man or a woman with Knowledge is a FACTOR because in the 21st century, the most dominant factor of production is knowledge. Tekedia Institute is a temple for mining knowledge.  I thank you and I welcome you; it’s ON.

  • Ndubuisi


Greetings! This is a reminder that Tekedia Live, the live portion of Tekedia Mini-MBA, begins today at 7pm WAT. It runs for 60-90 minutes. The Faculty will make a presentation and then take Q/As.

This may be the only reminder you will receive as we do not send reminders in this program. Tekedia Live takes place on Tuesdays, Thursdays and Saturdays at 7pm WAT. (Put those in your calendar.) The courseware with manuals, cases, written materials, recorded videos, etc go out on Mondays at 12 noon WAT. Everything is in the class board when you log in.

Our Lead Faculty, Prof Ndubuisi Ekekwe, will open Tekedia Live today. Next week, we will have faculty members from Microsoft, SAP Africa, and the academic excursion will continue from there. 

Zoom links and everything are in the Board . Welcome to Tekedia Institute, again. (If for any reason you paid and yet to have access (not likely), please email us here info@tekedia.com)

Regards,

Tekedia Mini-MBA Team

Trade Libel, Defaming a Business is Tortious.

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A Chief Executive Officer of a one-time leading real estate company in Lagos is currently struggling to pay salaries and sustain the company because some hired bloggers constantly made false, defamatory and disparaging posts about the company and they were able to ground the company down. Some of the publications claimed that the CEO of the company is a fraudster, while some claim that the company is a Ponzi scheme, while some post stated that the company is used for money laundering activities by politicians and internet fraudsters.

Trade Libel — a standard peril covered under a media professional liability policy. Trade libel is also known as “product disparagement” and occurs when a product manufacturer makes untrue remarks about a competitor’s product (source: IRMI)

We have seen this happen constantly when a blossoming business is successfully kicked out of the market by a competitor or through sheer hatred of bloggers and publishers who write and publish defamatory things about the business. 

Instagram, Twitter and other social media platforms are flooded with posts of people saying damaging words about the services of a certain service provider or about a product; if that statement or publication is false about the product or services of a company, it becomes a tort known as “trade libel” which is actionable in l court. Some of these things are done in the name of catching cruise or chasing clouts while some of them are sponsored by competitors who want to take over and control the market.

It is tortious and actionable in the law court for you to go online and make disparaging or defamatory publications about the services of a service provider or the products of a company.

If you as a customer have had a one-time bad experience with a business, that does not grant you the right to come online or make a post saying defamatory or publish disparaging things that will make that business lose customers and drive down their sales. The business owners can institute an action against you in tort for what is called trade libel.

Trade libel, therefore, is the publication of a false statement of fact that is an intentional disparagement of the quality of the services or products of the plaintiff’s business and that results in pecuniary damages to the business owner.

The elements or ingredients of a trade libel; ie things that must occur before it can be said that a trade libel has taken place; 

  1. A person made a false disparaging and defamatory statement about the quality of your product or the quality of the services you render
  2. The statement was published either in the print media or social media 
  3.  Your business suffered a loss; loss of money, drop in sales or loss of customers as a result of the false publication.

Once you can successfully establish those three key elements above then you can successfully institute an action against a person for trade libel; be it a blogger, a newspaper editor or a publisher or an online clout chaser or cruise catcher. 

I have seen many good businesses and good products grounded to the ground by bloggers and publishers through false and defamatory posts and articles targeted against the businesses. These business owners need to start holding these bloggers and publishers accountable and make them pay for the damages. 

PDP Expels Chimaraoke Nnamani, Others over Anti-Party Activities

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The Peoples Democratic Party (PDP) has expelled former Enugu State governor Chimaraoke Nnamani and other members over anti-party activities and other grave offences in violation of its constitution.

The decision was announced on Friday through a statement signed by the PDP spokesperson, Debo Ologunagba, in Abuja. According to the statement, other members of the party that were also sacked include Chris Ogbu from Imo State, Ajijola Oladimeji, Olayinka Olalere, Akerele Oluyinka, and Emiola Jennifer, Oluwajomiloju Fayose (former Ekiti State governor son), all from Ekiti State.

Ologunagba said the expulsion of the members, which takes effect from Friday, February 10, 2023, was approved by the party’s National Working Committee (NWC) at its 566th meeting on Friday.

“The decision of the NWC is sequel to the recommendation of the National Disciplinary Committee and pursuant to Sections 58 and 59 (1)(g) of the PDP Constitution (as amended in 2017),” he said.

“The PDP charges all members of our Party across the country to remain united and focused on the mission of our Party to Rescue, Rebuild and Redirect our nation from misrule.”

Nnamani has been openly campaigning for All Progressive Congress (APC) presidential candidate Bola Ahmed Tinubu. In series of tweets in support of his “friend” Tinubu, Nnamani had in January and previously, penned reasons the APC presidential candidate deserves to be elected as president.

https://twitter.com/ChimarokeNamani/status/1616116612158963728?s=20

Nnamani’s continuous support for Tinubu led to his suspension from the PDP last month, a decision he decried, saying that it will collapse.

“My right to fair hearing was consequently violated against the clear provisions of the Constitution of the party, especially in disciplinary proceedings. More importantly the Superior Constitution of the FRN,” Nnamani said after his suspension. He asked the national working committee to “apologize without delay and stop any further antics that cast a negative light on the PDP if they really care about protecting our democracy and the rule of law.”

However, he did not relent in his public support for the ruling APC, even though he is serving as a senator under the opposition party PDP, whose presidential flagbearer is Atiku Abubakar.  Nnamani is also seeking reelection to represent Enugu East senatorial district under the PDP.

In a letter addressed to the PDP National Working Committee (NWC) through his Counsel Olusegun O. Jolaawo (SAN), Senator Nnamani described his expulsion as “nullity.” He told the NWC led by Iyiorcha Ayu, the PDP national chairman, that they have no power to expel him.

“The proceeding and decision reached at the meeting of the National Working Committee of your Party which was held on 20 January, 2023 is therefore, both illegal and a nullity,” the letter reads partly, citing sections of the PDP’s constitution.

The PDP is contesting the forthcoming elections on the wave of internal crises, bordering on the party’s leadership tussle and members’ anti-party activities. Five governors of PDP states; Abia, Benue, Enugu, Rivers and Oyo had broken off from the party, forming the G5 that has refused to support the party’s presidential candidate Atiku Abubakar, unless Ayu is removed as the party chairman.

Nnamani is described as the light of the PDP, his expulsion alongside other party bigwigs is seen as an exacerbation of the party’s crises and a great damage to its chances at the forthcoming elections.

Read Nnamani’s letter to PDP’s NWC:

Press Release:

Sen Nnamani to Ayu led NWC: My Expulsion a nullity. You have no power to do so.

Enugu East Senator Dr Chimaroke Nnamani has pointedly told Senator Iyorchia Ayu led National working Committee(NWC) of the peoples Democratic Party(PDP) that it has no powers to suspend or expel him from the party.

Senator Nnamani stated that the Ayu led NWC did not follow due process and strict compliance with the provisions of the PDP Constitution and therefore lacked the powers to suspend or expel him as a member of the National Assembly.

Senator  Nnamani in a letter to the PDP NWC  through his Counsel Olusegun O. Jolaawo SAN  stated that the NWC has no powers to suspend or expel him except the National Executive Committee ( NEC).

He quoted copiously the relevant sections of the PDP constitution breached by the Ayu led  NWC:

Article 57(7) “Notwithstanding any other provision relating to discipline, no Executive Committee at any level, except the National Executive Committee, shall entertain any question of discipline as may or concern a member of the National Executive Committee, Deputy Governors or members of the National Assembly, Provided that nothing in this Constitution shall preclude or invalidate any complaint submitted through the National Working Committee to the National Executive Committee concerning any person whatsoever.”

Article 59(3)“Notwithstanding any other provision of this Constitution relating to discipline, no Executive Committee at any level except the National Executive Committee shall entertain any question of discipline as may relate or concern a member of the National Executive Committee, President, Vice President, Governors, Deputy Governors, Ministers, Ambassadors, Special Advisers or member of any of the legislative houses.”

On 20 January, 2023, the NWC conducted preliminary disciplinary hearing against our client and approved his suspension from the party for one month, purportedly acting pursuant to Article 57(3) of the Constitution of the PDP.

“It is evident on the basis of Articles 57(7) and 59(3) of the Constitution of your party excerpted above, that no organ of the party, including the National Working Committee, has the competence to entertain any question of discipline against our client, except the National Executive Committee of the party.”

“Quite apart from the obvious and undeniable fact that the purported proceeding of the National Working Committee of your party held on 20 January, 2023 and the decision reached there at, suspending our client from the party is null and void, as our client was neither invited to the meeting nor given the opportunity to be heard before the decision against him was taken; See Article 57(6) of the Constitution of your party, the National Working Committee lacks the requisite powers to entertain any question of discipline against our client to the extent of suspending or expelling him from the party.”

“The proceeding and decision reached at the meeting of the National Working Committee of your Party which was held on 20 January, 2023 is therefore, both illegal and a nullity.”

“However, by virtue of the proviso to Article 57(7) of the Constitution of your Party, the National Working Committee is required to make complaint on any disciplinary matter against a member of the National Assembly only to the National Executive Committee of the Party. Your committee has not claimed to be the National Executive Committee of the PDP and in fact, is not.”

Your committee therefore, has no powers under the Constitution of the Party (under which you claim to be proceeding against our client) to entertain or hear any question of discipline against our client as he is a member of the National Assembly.

Only a properly constituted National Executive Committee of the party can entertain such question of discipline against him.