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The Fons et origo

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The Constitution is always referred to as “the fons et origo” or “the grundnorm”. It is the law from which other laws derive their origin and validity. Nonlawyers, even some lawyers sometimes don’t fully appreciate what this really means or its gravity.

Section 1 of the constitution tries to capture in summary the extent of how powerful the Constitution is and the extent of its mighty jurisdiction.

(1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria.

(2) The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.

(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.

S 1(1) provides for the supremacy of the constitution, this means that the Constitution is high and above every person and authority, both the rulers and the ruled, the executives and the legislature, the judiciary, and every being that calls Nigeria home and foreigners that have anything to do with Nigeria is under the unwavering supremacy of the constitution.

The Constitution is so powerful that every other law must be made to be in conformity and consonance with the constitution if not the law will be declared void as provided in S 1(3).

Even those tired of being members or citizens of Nigeria and are seeking independence must do so in accordance with the constitution if not their action will be unconstitutional and they can be charged with treasonable felony.

Fons et origo is a Latin phrase that simply means the source and origin of something. This means that when the Constitution is referred to as the Fons et origo, we mean that the Constitution is the source or origin of the Nigerian state.

No person has the power to challenge any clause or section in the constitution. The court will reject a constitutional challenge at any time or any suit tending to challenge any Constitutional provision because the court does not even have the power or jurisdiction to entertain any suit challenging Constitutional provisions but courts have the jurisdiction and power to entertain suits on the ground that a particular law is in conflict with the Constitution and the court can enter a final judgment holding a statute unconstitutional.

A person can only approach the court to enforce his right or uphold his rights as provided by the Constitution and never to challenge any constitutional provision.

When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law is unconstitutional and declares it void in whole or in part for contrary to or failing to comply with the constitution which is the grundnorm.

The term “grundnorm” is also used by constitutional lawyers to describe the country’s constitution which simply means that the constitution is the basic and the highest law of the land and no law must be contrary to its provisions i.e. every other law must be in conformity with the constitution to be valid.

Before a law is passed, i.e. an act of parliament, it’s first subjected to constitutional validity test. This test is to check whether any segment of the proposed bill is inconsistent with the constitution; every line, segment, clause, section, subsection, chapter of the bill are all subjected to this test if any clause in the bill does not pass the constitutional validity test it is quickly removed or amended to be in consonance with the constitution.

Any act of the executive which conflicts with the Constitution is quickly declared unconstitutional and thereby void and can not stand.

Everyone threads carefully so as not to offend the Constitution because offending the constitution is of high gravity; it is where other laws derive their origin and where the country derives Its status, therefore, the constitution is jealousy guided and protected not just by the judiciary but by every citizen who is part of the social contract.

Zoom Goes Livestreamig, Integrates Twitch

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Zoom announced on Wednesday that it’s integrating Twitch to help users to livestream meetings straight to the public for emote-based judgment.

The teleconferencing app announced the new update which includes other features such as avatars, the ability to send video messages and enhancement to contact center.

The more popular update – onboarding Twitch – lets users go live on Twitch directly from the Zoom desktop client, linking their accounts on both platforms. While it was certainly possible to stream Zoom meetings to Twitch prior to this update using third-party programs, the in-app integration should make it much easier to do so.

“To help our customers streamline the process of sharing content within their communities and extend their reach, account owners and admins can now allow hosts to livestream their meeting or webinar to Twitch directly rather than manually configuring the stream as a custom livestreaming service,” said Zoom in a blog post.

This, in the face of growing competition in the teleconferencing market, appears to give Zoom and edge. Last month, WhatsApp updated its web feature to support advanced chatting and phone calls via laptops and desktops. The update shoots WhatsApp up to the level of other companies offering teleconferencing services. Zoom has been working to stay ahead in the market by introducing new features that differentiates it from others, integrating Twitch for livestreaming is believed to be another way the company will attract more consumers. But there is a few challenges.

Mashable outlines a few caveats that could hamper the new feature:

Livestreaming Zoom to any platform has previously been considered a paid privilege, and that app’s new Twitch integration is no exception. Zoom’s in-app Twitch connectivity thus isn’t available for free users, only working on paid Pro, Business, Enterprise, or Education accounts, and even then only for licensed users of those accounts. The cheapest is the Pro tier, which will set you back $149.90 per year per license.

Livestreaming direct to Twitch also requires the streamer to use Zoom’s desktop client, so you can’t just start up your web browser and call it a day. Though if you’re paying for Zoom, chances are you’ve downloaded the client at the very least.

While Twitch made its name as a streaming platform for people playing video games, its users have significantly diversified since its inception. Streamers regularly broadcast everything from podcasts to roleplaying sessions to mukbangs, making the ability to stream a video call an attractive prospect to some.

However, unless they’re already making Critical Role-level bank on their Twitch stream, many creators will probably pass on paying for a Zoom account just for this feature.

The new update also supports hands-free peer-to-peer conversations through cloud audio intercom and individual voicemail messages from users phone or client to other users in the same account.

World Tuberculosis Day: Confronting The Scourge of Tuberculosis

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March 24 annually, the global community commemorates World Tuberculosis Day. The annual World Tuberculosis Day, which was recommended by the World Health Organization (WHO) and duly adopted by the United Nations (UN), is one of the eight official global public health campaigns marked by the WHO.

The theme of this year’s commemoration is “Invest to End TB”, thereby encouraging every stakeholder in the health sector across the globe to invest meaningfully in a bid to ensure that the deadly TB scourge becomes a thing of the past in no distant time.

March 24 was chosen to commemorate the day in 1882 when Dr. Robert Koch astounded the scientific community by announcing to a small group of scientists at the University of Berlin’s Institute of Hygiene that he had discovered the cause of tuberculosis known as the TB bacillus.

Tuberculosis popularly known as TB is an infectious bacterial disease characterized by the growth of nodules or tubercles in the human respiratory organs, especially the lungs. It is a curable communicable infection that is transmitted by inhaling tiny droplets from the coughs or sneezes of a carrier or an infected person.

Tuberculosis (TB) mainly affects the lungs, though it can affect any other part of the body, including the glands, bones, and nervous system. Typical symptoms of TB include a persistent cough that lasts more than three weeks and usually brings up phlegm which may be bloody, loss of weight, high temperature or fever, night sweats, tiredness and fatigue, loss of appetite, overstayed swellings, among others.

TB is generally caused by a bacterium called Mycobacterium tuberculosis, which could be found in food, water or unsafe environments. The type that affects the lungs is the most contagious type, but it usually spreads after prolonged exposure to someone with the illness. Most times, it is transmitted within family members who live in the same house.

In most healthy people, the immune system, which is the body’s natural defense against infections or illnesses, kills the bacteria thereby making the patient free from any form of symptom.

Sometimes, the immune system cannot kill the bacteria, but manages to prevent it from spreading in the body of the carrier. This means the carrier in question would not have any symptoms but the bacteria will remain in his or her body. This mode of infection is known as Latent TB.

If the immune system fails to kill or contain the infection, it can spread within the lungs or other parts of the body, and symptoms will develop within a few weeks or months. This is known as Active TB. It’s noteworthy that Latent TB could develop into an active TB infection at a later date, particularly if the patient’s immune system becomes weakened.

It is estimated that about one-third of the world’s population is currently infected with latent TB. Among these carriers, up to ten percent (10%) is expected to become active at some point.

It is important to note that someone suffering from HIV/AIDS or any immune-deficiency disease is at a higher risk of contracting tuberculosis, especially when the person is not placed on a proper diet. Thus, a HIV patient is expected to go for a TB test from time to time.

Several tests are used to diagnose tuberculosis, depending on the type suspected. The most common types include, chest X-ray, Mantoux test, urine and blood tests, biopsy, Computerized Tomography (CT) scan, Magnetic Resonance Imaging (MRI) scan; and in some cases, lumbar puncture may be recommended.

Some of the diagnoses are implored in a case of Pulmonary TB, some are applied in cases of Extra-pulmonary TB, whilst lumbar puncture is specifically used to ascertain if the TB has infected the central nervous system i.e. the brain and spinal cord, of the patient.

Pulmonary tuberculosis is the type that affects mainly the lungs, while extra-pulmonary TB is used to describe the type that occurs outside the lungs. It’s worth noting that any of the above types has the tendency of affecting the brain or spinal cord of the carrier.

Bacilli Calmette-Guerin (BCG) is a vaccine for tuberculosis disease. Many foreign-born persons have been BCG-vaccinated. BCG is used in many countries with a high prevalence of TB to prevent childhood TB meningitis and others.

Though, the vaccine is meant only for select individuals who have met specific criteria and in consultation with a TB expert. For instance, BCG vaccination ought not to be administered to persons who are immuno-suppressed, such as HIV patients or persons who are likely to become immuno-compromised like someone who is a candidate for organ transplant.

In the same vein, BCG vaccination is not meant to be taken during pregnancy. Even though no harmful effects of BCG vaccination on the fetus have been observed or detected, further studies are needed to prove its safety in the body of a pregnant woman.

It’s worthy of note that tuberculosis can be cured. In some cases, the carriers would need a course of antibiotics, usually for six months. Several different antibiotics are used; this is because some forms of TB are resistant to certain antibiotics. If one is infected with a drug-resistant form of TB, treatment can last as long as two years or thereabouts.

Tuberculosis is a contagious air-borne disease. Someone suffering from the infection is not supposed to share household materials like spoons, fakes, cups, and what have you, with anyone until he is totally cured.

He or she is also required to always endeavour to cover his mouth with a handkerchief whenever he coughs, to avoid spreading the bacteria to his immediate environment or transmitting it to anyone around them.

If anyone is in close contact with a carrier of tuberculosis, it is recommendable to carry out tests on them to see if they have also been infected with the disease. These can include a chest x-ray, blood tests, as well as a skin test called the Mantoux screening test. This measure is often significant, so that if necessary, the person can receive treatment alongside the original carrier of the disease.

The World Tuberculosis Day is aimed toward building public awareness about the global epidemic of tuberculosis and efforts to eliminate the disease. According to the UN, a survey previously showed that in the year 2012, about 8.6 million people across the world fell ill with TB and 1.3 million of the said carriers died of the disease, mostly in the Third World countries or developing nations such as Nigeria.

As the global community marks World Tuberculosis Day, there is an urgent need for every Nigerian, both home and in the Diaspora, to acknowledge that the societal menace of tuberculosis cannot be overemphasized and that it is indeed a contagious and deadly disease.

On this note, we ought to continually ensure that whatever we eat or drink is thoroughly boiled or washed, as the case might be, and also endeavour to keep our nostrils away from unwanted environmental particles such as dust and what have you.

Also, we should bear in mind that intake of vaccines, if and when necessary, is a pathway towards embracing a TB-free society. Therefore, government and other health stakeholders ought to encourage the entire citizenry to ensure that they are vaccinated against TB by ensuring that the BCG vaccine is regularly made available within their reach in line with the Millennium Sustainable Goals (MSGs).

Above all, we should not forget that this ongoing crusade is a civic responsibility of every sane individual irrespective of their affiliations.

Egoras – Bundling Zero-Interest Financing with Engineering

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Trade in is a great business model: you exchange a used asset in part payment for another. Example: he traded in his old Toyota car for a new Innoson Motors in Nigeria. Looking at the data, we figured out that many things could be traded in easily. At Egoras, a portfolio startup, the team designed a model, using zero-interest financing, to soup things up, capturing more value in used items.

But what do you do with the used items? You refurbish them – and that requires a new playbook, bringing and training technical brilliant minds to operate at another layer.

This young company will likely hit 2,000 staff by December. It is opening factories where electric fans, generators, smartphones, etc are refurbished at scale. You see the big billboards in PHC; it is on the way to Onitsha and Enugu.  When you buy an Egoras refurbished asset, you get a 6-month guarantee. And if you want a new asset, you can trade in your old asset via a zero-interest financing system.

Jobs. Jobs. Jobs – Nigeria needs them. And new business models will unlock many. CEO Ugoji Harry and the team have impressed. They will be hiring 60 people in Enugu next month.

Video: Egoras.com refurbishment unit in PHC. The packaging (not shown) is done at Aba. They have also engaged Awka blacksmiths to shape some metals. In other words, they work the clusters, finding most things needed within Nigeria.

Tekedia Capital Demo Day is March 26

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On Saturday, March 26, seven startups will pitch before Tekedia Capital Syndicate members. We hope to support another class of great startups. In our last three cycles, we have incubated startups which ended up joining YCombinator or Techstars. In other words, we understand what works.

And to the Nigerian people, thank you. One of these startups received a $5 million deal as captured in the national budget. It built something so amazing that the Senators, House Members, and the Presidency came onboard. I see a category-king and a leader in markets.

To be a part of Tekedia Capital, visit our website here