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Your Continent Needs You

By
Mutiu Iyanda
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People all over the world are having problems as a result of atrocities that have been committed either intentionally or unintentionally due conflicts over limited resources or poor resource management. People are looking for greener pastures in continents and nations that are thought to be more developed than their own, from Africa to Asia to Latin America. Over the years, they have faced a variety of challenges within their own continents. Basic necessities and access to a good public system have denied them the opportunity to improve God’s in-built knowledge and skills and apply them to their advantage in all ramifications. Political and business leaders have been held accountable. Community leaders are not immune to the finger-pointing. Young and middle-aged citizens believe senior citizens failed them because they did not use available resources wisely when they (senior citizens) were in power.

If you are one of the citizens who intends to seek greener pastures in other continents or countries, I want you to understand that heaven and earth are the Creator’s sole property. He chooses humans and animals as living beings who must worship Him, rather than humans and animals or any non-living beings. He understands the reasons for dividing living and non-living objects into two categories, such as male and female. He also has many reasons that no human knows about why conflicts must exist and be resolved by the actors. He has reasons for making living things think positively and negatively about something and everything.

He endows humans and animals with the ability and capacity to hunt for what they require for physical survival on Earth. He imparts knowledge, skills, and wisdom for converting raw materials or resources into finished goods in order to ensure our survival on this planet. Since He has reasons for having humans and animals be the actors in any conflict that exists in their midst, He also has reasons for making the consequences of the conflict unbearable enough for you to migrate to locations where you believe you are safe and can use the knowledge, skills, and wisdom He bestows on you.

He is the one who can and will help you succeed in your new location. If the people and government in your new location do not follow His rules, He has the power to make things turn His way, not yours. You will enjoy the location if the people and government follow His wishes. But that doesn’t mean you should curse your own location. He has reasons for creating objects and living things in two forms, as I previously stated.

It was not a mistake on His part to create you and classify you as an African, Asian, or Latin American. As you relocate this year to a new location, keep in mind that home will always be home. Of course, He owns everything. This is not to say that you should regard your home as a forbidden zone. Always consider returning home and giving back to your community!

Another Building Caved In After Rainfall in Lagos

By
Tiamiyu Ismail
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A building at the Akinwunmi Street, Akinwumi North East area, Maryland, Ikeja, Lagos has been reported to have sunk following a rainfall on Monday, September 12, 2022. This is barely a week after the Lekki Seven-story building collapse which recorded eight casualties including two deaths on September 4.

According to the Vanguard’s report, the incident was confirmed by the Lagos Territorial coordinator of the National Emergency Management Agency (NEMA), and nine persons have been rescued.

Earlier, we reported that the incidence of building collapse in Lagos is growing at an unprecedented pace and has raised panic among residents over security of lives and property.

Among factors identified as responsible for the incessant building collapse in Lagos, poor construction by developers as well as old and dilapidated structures are said to be most alarming, according to analysis by Nairametrics.

Also, according to the former Commissioner for Physical Planning and Urban Development for Lagos State, Dr. Idrius Solake, the geographic conditions, notably poor soil and topography and low water levels were responsible for the decision of the Lagos State Government to stop the approval for the construction of three-story buildings or above in Ebute meta area of Lagos.

In 2019, the National Emergency Management Agency had reported that more than 1.9 million Nigerians have been displaced due to flooding. The agency has also projected that 233 local government areas in 32 states including Lagos State and the Federal Capital Territory (FCT) would experience flooding in 2022. This is corroborated by the Annual Flood Outlook released by the Nigeria Hydrological Services Agency (NIHSA).

https://www.tekedia.com/high-incidence-of-building-collapse-in-lagos-excites-fear-of-security-of-lives-and-property/

Nigerian woman gives birth onboard Turkey-UK flight: Legal issues as to the citizenship status of such babies.

By
Stanley Alieke
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Some days back, a Nigerian woman by the name Nweke Ifeoma, gave birth to a baby onboard during her flight from Istanbul, Turkey to Manchester, the United Kingdom.

Women giving birth mid-air during flights (although not medically advisable) tend to happen often in recent days. Just last month, BBC news reported that a woman gave birth prematurely on a flight with the help of Staffordshire nurses that happened to be available during the flight. 

Incidents like these have raised an interesting legal question; the question of the citizenship or the nationality of a baby that is given birth on board mid-air. 

What will be the citizenship status or the nationality of such a miracle “flyover” baby?

Will the baby take the citizenship or nationality of the mother (parents) or will the baby become a citizen of the country that owns the airspace over which the baby was born or will the baby take over the citizenship of the country in which the aircraft was registered? 

Any of the above three scenarios will likely be the case depending on the applicable laws of each individual country.

Some countries grant citizenship to flyover babies while others do not grant such citizenship- A flyover baby is a baby born during an air flight. 

For example, The United States of America grants citizenship to babies born in its airspace even if the baby was given birth to by foreign parents. So long as the birth takes place in territorial jurisdiction under the control of the US government be it airspace or waters the baby will be granted citizenship of the United States.

This form of citizenship given to babies born within the territorial jurisdiction of a sovereign state, though by foreign parents is referred to as “birthright citizenship” which is also known as Jus soli. 

Jus Soli means “son or daughter of the soil” in the layman phrase. It is a common law principle that proposes that a child is a citizen or indigene of the territory he or she is given birth to even if the parents are not citizens or indigenous to that territory. 

To this effect, a child that is born within the airspace of a country that has adopted the birthright policy is a citizen of that country. This is not just restricted to airspace, by extension, a child born in international waters belonging to such a country is automatically a citizen of that country.

Presently, there are 33 countries of the world that offer unrestricted birthright citizenship and in essence, any baby born within the airspace or submarine of any of these 33 countries is automatically a citizen of such country. 

These countries include the following: The United States, Canada, Antigua and Barbuda, Argentina, Belize, Brazil, Bolivia, Chad, Costa Rica, Cuba, Dominica, Ecuador, El Salvador, Fiji, Grenada, Guatemala, Guyana, Honduras, Jamaica, Lesotho, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Kitt and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Tanzania, Trinidad and Tobago, Tuvalu, Uruguay and lastly, Venezuela.

Conversely, babies born in British airspace are not granted United Kingdom citizenship unless the parents of that baby are British citizens

Also, a baby that is born during an air trip is basically deemed to acquire the citizenship of the parents. This form of citizenship is called Jus Sanguinis.

Most (if not all) countries of the world also do have a “jus sanguinis” principle of citizenship that grants babies the same citizenship as that of their parents. Nigeria is an example of such countries; a baby that is given birth to amid air by Nigerian parents over airspace belonging to another sovereign state is eligible to be granted Nigerian citizenship. 

This form of citizenship called jus sanguinis is basically the right of a child to their parent’s nationality.

Finally, a baby born amidst air may take up the citizenship of the country in which the aircraft is registered. For instance, if a baby is born to Nigerian parents in Royal Air Maroc which is an Aircraft registered in Casablanca, Morocco the baby may take up Moroccan citizenship.

In as much as it is not ideal or medically advisable for a baby to be given birth amidst air or in air transit due to limited access to medical equipment or probably, the unavailability of health workers to assist in the delivery process, babies are God’s gifts and they can decide to grace the earth or space whenever the giver of the gift so pleases. 

ASUU, Nigeria and Beyond The National Industrial Court

By
Ndubuisi Ekekwe
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The federal government has taken the Academic Staff Union of Universities (ASUU) to court. While we commend layers of government for using the legal system, I do think it is time we begin to question the basis of these calls. This negotiation or disagreement moving to the National Industrial Court is a distraction here. Students, parents and the whole nation need leadership on this lingering ASUU case.

This matter is very clear: ASUU has no chance of getting what it is asking for because Nigeria does not have it. So, what needs to happen is to follow Sam Mbakwe’s strategy: go with Nigeria’s balance sheet and profit/loss statement and use that to explain to ASUU that we understand all the issues but this is the best the nation can do.

ASUU needs to be strategic here to avoid the poison pill where the current administration will sign a nonsensical agreement that will kickoff June 1 2023, knowing that the next administration has no chance to honour the terms.  This has been the strategy for years: forwarding a mess to the next government which has no chance of being executed.

People, Nigeria must over-grow this shame where universities are shut down for months. It is about time! This is 2022!

The lingering strike by the Academic Staff Union of Universities (ASUU), which has for seven months now, grounded academic activities in public universities, has entered a new phase.

Following unsuccessful attempts to get ASUU to call off the strike, the federal government of Nigeria has dragged the union to the National Industrial Court.

The development was announced on Sunday through a statement signed by the Head of Press and Public Relations at the Ministry of Labour and Employment, Olajide Oshundun. He said the Federal Government took the decision after dialogue between it and ASUU failed.

Update: The course adjourns.

The National Industrial Court of Nigeria (NICN), on Monday, adjourned the suit filed by the federal government challenging the ongoing strike by the Academic Staff Union of Universities (ASUU).

The judge, P.I Hamman, adjourned the suit until 16 September for further mention.

At Monday’s proceedings, the Socio-Economic Rights and Accountability Project (SERAP), sought to join the suit as an interested party.

SERAP’s lawyer, Ebun-Olu Adegboruwa, said his client had filed a similar suit asking the court to compel the federal government to honour its 2009 agreement with the striking varsity lecturers.

“We filed a similar suit on 8 September, asking the court to compel the federal government to honour an agreement it willingly entered into with ASUU,” Mr Adegboruwa, a Senior Advocate of Nigeria (SAN) said on Monday

Comment on Feed

Comment 1: It will be difficult to explain to rational people that you don’t have money to pay or fund the educational system but you have fund to buy vehicles for another country, pay politicians in elected offices etc. it just doesn’t add up. The problem is we have handed over the affairs of the nation to wicked people who do not have any iota of selflessness. It is even more painful that this is not making the rounds of discussion amongst the OBIdients, ATIkulated and the BATified. These things hurt some of us so much that we wonder why many don’t see it. If we Nigerians are actually serious, none of the 3 major contenders should be in the presidential picture based on past performance. Pls before you attack me on Obi, do a google check on how he treated ASUU, Students and teachers while he was Governor of Anambra state.

My Response: Sure – I understand that irony. As I have noted,  most Federal institutions in Nigeria will collapse by 2027 and would be forced to be quasi-privatized. Oliver de Coque sang: na good money dey make better soup. Harvard’s budget is more than twice the whole education budget of Nigeria. So, the root cause is funding. How can that be fixed? We need to find a way to pioneer student lending that tracks inflation and currency deterioration. If that happens, students would be expected to pay. Then schools will have funds to operate at higher quality.

Comment 1b :Excellent, but I am still of the opinion that beyond all those funding you’re talking about, we need knowledgeable people in power who understand the gravity of a failed educational system to nation building. We need people who understand that education is the number 1 most important thing to nation building, prosperity and even security. Unfortunately, the guys we have in government and the ones we are trying to bring to government don’t understand that and don’t even care. I’ve always said it, the problem we face as a nation is bigger than we think, but to some people one is just an alarmist. I recently saw a post that said most CEOs of the biggest Tech companies in the world are of Indian descent and they also had their education up to 1st degree in India. That doesn’t look like coincidence, some people strategically planned for it and what we are seeing is the result. We need capable and patriotic people in power who understands the tneed for a new strategic direction for the educational system and infact for the nation as a whole.

Comment 1c: You’re right sir, that’s exactly the problem.
Ndubuisi Ekekwe Can students and Parents in Nigeria afford such increased fee? Sir, what would be the value of naira then? It’s never possible to erect a structure in the air. Nigeria can’t work! No matter the reformation! No matter the new governance! The structures on ground are so rigid to resist any form of change. Sir, it’s not about being pessimistic, it’s the bitter truth. As well sir, the root problem is not funding. Assuming Nigeria receives a foreign gift aid of $500 million towards educational budget. With 90% confidence, there will be another strike action before the end of 5 years.

What I believe can bring about “any” change is the dismantling of the so called amalgamation created in 1914 and new independent nations emerging.

My response: If a man has 10 kids and earns N100k per month, he may be a great manager but he will struggle to compete with another man who earns N2 million for 3 kids. South Africa’s budget is about $150 billion for 60m while Nigeria is N42 billion for 210m people. There is a limit we cannot perform because the resources are not there. Sure corruption has to go but that is not the whole issue.

Comment 2: Well said my prof. But the major obstacle is how to convince ASUU that the government does not have the money. The truth is that members of ASUU and all of us are very much aware that government big boys have so much money to throw around and each day, we see them showcasing stupendous wealth. One million Balance Sheets and Financial Statements cannot convince people that same government cannot afford the money needed to restore our universities. This contradiction is what we need to resolve to move ahead.

Nigerian Government Drags ASUU to Court Over Lingering Strike

By
Samuel Nwite
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The lingering strike by the Academic Staff Union of Universities (ASUU), which has for seven months now, grounded academic activities in public universities, has entered a new phase.

Following unsuccessful attempts to get ASUU to call off the strike, the federal government of Nigeria has dragged the union to the National Industrial Court.

The development was announced on Sunday through a statement signed by the Head of Press and Public Relations at the Ministry of Labour and Employment, Olajide Oshundun. He said the Federal Government took the decision after dialogue between it and ASUU failed.

The Minister of Labour and Employment, Dr Chris Ngige, in an official letter dated September 8, and addressed to the Chief Registrar of National Industrial Court of Nigeria, Abuja, asked the court to accelerate the hearing so as to bring the issue of strike to an end.

The letter, which the court received on September 9, has the title:”Forwarding of a referral instrument in the trade dispute between federal government/federal ministry of education and the Academic Staff Union of Universities.”

The government wants the National Industrial Court to order ASUU members to return to work while the matter is being addressed by the court.

“In view of the fact that ASUU members have been on strike since February 14, and have refused to call off the action despite apprehension of same, it would be appreciated if this dispute is given an accelerated hearing in order to bring the dispute to an end,” the letter reads partly.

The case, which is scheduled for mention at 9 am on Monday, has a list of prayers from the Federal Government.

The government is asking the court to determine whether the strike by ASUU is legal or not. It also wants the court to interpret in its entirety the provisions of Section 18 LFN 2004, especially as it applies to the cessation of the strike once a trade dispute is apprehended by the Minister of Labour and Employment and conciliation is ongoing.

The list of the things the government is asking the court to do is as follows:

“Interpret the provisions of Section 43 of the Trade Dispute Act, Cap T8. LFN 2004, titled “Special Provision with Respect to payment of wages during Strikes and Lock-outs,” specifically dealing with the rights of employees/workers during the period of any strike or lock-out. Can ASUU or any other union that embarked on strike be asking to be paid salaries even with clear provisions of the law?

“Determine whether ASUU members are entitled to emoluments or “strike pay” during their period of strike, which commenced on February 14, 2022, more so in view of our national law as provided in Section 43 of the TDA and the International Labour Principles on the right to strike as well as the decisions of the ILO Committee on Freedom of Association on the Subject.”

“Determine whether ASUU has the right to embark on strike over disputes as is the case in this instance by compelling the Federal Government to employ its own University Transparency Accountability Solution (UTAS) in the payment of the wages of its members as against the Integrated Payroll and Personnel Information System (IPPIS) universally used by the Federal Government in the nation for payment of wages of all her employees in the Federal Government Public Service of which university workers including ASUU members are part of or even where the government via NITDA subjected ASUU and their counterpart UPPPS university payment platform system software to integrity test (vulnerability and stress test) and they failed.”

The Federal Government also wants the court to determine the extent of ASUU’s demand since the 2020 Memorandum of Action (MOA) that the union signed with the government.

The new turn of events underscores the government’s growing habit of trying to use the court to achieve its aim amidst industrial conflict. In August 2021, the federal government filed a lawsuit against striking resident doctors, under the aegis of National Association of Resident Doctors (NARD), before the National Industrial Court.

The federal government had asked the court to order the doctors to return to work otherwise, it would implement the ‘no work no pay’ policy – a method it has also deployed against ASUU.

In September 2021, the Industrial Court sitting in Abuja ordered the striking doctors back to work. In its ruling, the court held that there is no amount of money that will compensate for the loss of lives in the circumstances.

However, unlike the doctors’ strike, ASUU’s strike poses no risk to human lives apart from economic hardship emanating from it and the future of Nigerian students that it is jeopardizing. It is therefore not clear if the federal government stands a chance of getting favorable court judgment this time.

ASUU had on August 29 declared total and indefinite strike after its meetings with the federal government failed to yield a desirable result. Among the demands of the academic union is funding that amounts to more than N1trillion. ASUU said that the fund will be used to revitalize public university education in Nigeria.

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