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Category Archives: Law

Divorce Your Wife, Lose Your Home to Her

by Kyenpya Katkuk Esq

In the light of the recent event celebrating women on International Women’s day all over the world on the 8th of March as recognised by the United Nations, women are not only celebrated on how far they have come in the society, in politics and in the economy but it’s also a time for reflecting on the sexism that affects women, a time to raise awareness of continued inequality as well as the achievements of combating inequality.

 

There is no place in the world where women have the same opportunities as men and in so many countries the rights of women and their opportunities are limited by law. The belief that patriarchy is so entrenched in the Nigerian system and the fact that women are unable to exercise their rights have been an erroneous one especially by those ignorant on the rights provided under the law.

 

However, this issue of a woman not having rights to property due to cultural beliefs has been disproved of recent and it has been an uplifting moment in the lives of women in Oyo State, Nigeria.  In the recent decided case, by the presiding Justice Munta Abimbola , the courts held that “ a husband who marries a wife and builds a house during the pend-ency of the marriage stands the risk of losing the house if he later divorces the woman who had children for him unless such woman of her own volition, leaves the matrimonial home”. The presiding Justice whilst ruling on the matter also emphasised on what is known as “palm tree justice”, which indicates that “it doesn’t matter in whose name the property stands or who pays what (on the property) and in what proportion as determination of such matters transcends all rights, legal or even equitable but simply what is fair and just ‘’ in the circumstances of the case.

The basis of this judgement was made under the provisions of the Married Woman’s Property Act 1882.  Furthermore, Section 17 Married Women’s Law of  Oyo State, Cap 83 and Laws of Oyo State 2000 gives a court the discretion as it thinks fit on the issues of title of possession to property. Section 18 Married Women Law of Oyo State also allows the court to treat property as joint property especially where it has to do with a matrimonial home.

 

Conclusively, it could be said that there is significant progress on the application of legal provisions and precedents regarding property rights that affect women inspite of the system of marriage laws (customary, Islamic and statutory marriage). The parties in the decided matter happen to be married under customary law and so this could mean that a woman is entitled to having an equal share of property in the event of divorce, regardless of whether she is married under customary law or statutory law.

 

This is also a good reflection of international instrument , the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), particularly Article 5 ,which refers to how women should not be confined to culturally defined constructions. It recognises that all human beings are equal and have equal rights and deserve equal respect for their human dignity.  Gender stereotypes should not deny women the right to be treated respectfully as an equal. Therefore, this landmark ruling is a significant in combating inequality as it affects women.

 

Kyenpya Katkuk is a lawyer with the Coalition Of Lawyers for Human Rights  (COLaHR).

 

 

 

 

 

 

 

 

 

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Employers of labour must comply with HIV/AIDS non discrimination Act

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A Civil Society Organisation in Nigeria, Lawyers Alert has insisted that employers of labour in the public and private sector must comply with the HIV/AIDS non discrimination Act to protect workers who that are infected with Acquired immunodeficiency syndrome (AIDS), a chronic, potentially life-threatening condition caused by the human immunodeficiency virus (HIV).

The President of Lawyers Alert, Mr Rommy Mom told Daily Trust that the HIV/AIDS non discrimination Act that was passed into law in Nigeria five years ago was not implemented and that his organization has dragged the Minister of Justice and Attorney General of the Federation, Abubakar Malami to court to demand full implementation and total adherence to the law.

He said the HIV/AIDS non discrimination Act mandates the Attorney General of the Federation to ensure that work places have HIV/AIDS policies to protect workers that are HIV positive.

He said the law was passed in 2014 and that it mandates the AGF to ensure that employers of labour in public and private sector in Nigeria have the policy within three months.

Mr Rommy expressed concern that the law was not implemented five years after and that no policy in work places to protect people living with HIV.

He lamented that majority of workers that are HIV positive are facing all forms of discrimination and stigmatization in their places of work.

 

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Bringing Hope to Prisoners in Nigeria

By Sunday Adaji Esq

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One fact about prisoners is that one after the other, virtually all of them will be out of prison and back into the society, breathing the air of freedom. What is therefore worthy of consideration is the life they live in prison and the life they will be living when they return to the society.

As it were, prisons are built not just to incarcerate and punish criminals but to reform them. “Reform” here implies putting facilities in place which will help to bring out the best in the prisoners and make them responsible citizens, so that instead of becoming hardened criminals; they become law abiding citizens. This way, the society becomes the better for it.

Although prisons are meant to reform prisoners, the ones in Nigeria rarely serve this function. Experience has shown that prisoners return from prisons in Nigeria to become hardened criminals. In this country, available statistics point to the fact that many prisoners who have completed their prison terms go back to the same acts of criminalities that took them to prison in the first place, and may even become worse than ever.

Perhaps, one of the reasons prisoners are hardly reformed is that the government has not put proper structures in place for the desired reformation and rehabilitation. Visits to our prisons will reveal that the conditions in them are deplorable. Apart from the fact that our prisons are congested, there are no adequate social amenities. There is poor ventilation, poor medical facilities and little or no sports facilities. The inadequacy or complete absence of these facilities make life unbearable to prisoners and even defeat the whole essence of the exercise.

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It is important we remind ourselves that prisoners have rights and are entitled to enjoy these rights even while in prison. In the United States and other civilized societies, prisoners enjoy their rights to education, to medical treatment, to conducive accommodation and to good ventilation. In such climes, prisoners come out of prisons to become better citizens, principally because of the quality of facilities in place. In the U.S, it is easy to recall the likes of great motivational blogger, Steve Pavlina and the former world heavy weight boxing champions, Sony Liston and Mike Tyson. These men were jailed at different times for some offences they committed and while in prison developed their talents that eventually made them become better American citizens. If these were Nigerians and kept in Nigerian prisons, they would have ended up as hardened criminals.

 Bettering the Lots of Prisoners in Nigeria

Within every human being is the capacity to be good and to be better. The first step to bringing the best out of prisoners and making them responsible citizens is to put in place frameworks, structures and facilities required for their reformation and rehabilitation. If all a prisoners is required to do is to serve his prison terms, then, we are far from making him a better citizen. The secret to reforming and rehabilitating prisoners is to invest in them. And to do this, we must stop seeing them as criminals who are not fit to live in society; and start seeing them as citizens who need reorientation and reformation. It is when we start doing this that we will be prepared to put in place frameworks and facilities that will enable them become better citizens. It is interesting to note that a Bill on prison reforms is already before the current National Assembly, waiting to be passed into law. When and if passed, the law will go a long way to solving most of the problems bedeviling this institution.

In the meantime, for any reforms to achieve tangible results, adequate attention must be paid to the issues below:

  1. Provision of Adequate Social Amenities in Prisons

Currently, only few prisons in Nigeria can boast of any medical, housing and sports facilities. And even where these are available, they are in a state of comatose. If we are going to bring hope to prisoners, we must be ready to make their welfare and future a priority. Prisoners are human beings and not animals. Even animals have rights and in civilized societies, the rights being respected and enforced. It is instructive that under our Criminal and Penal Codes, it is an offence to maltreat animals, much more human beings. Government should take a cue from international best practices all over the world and do something urgent on the state of our prisons.

  1. Provision of Educational and Training Facilities in Prisons

It is pathetic and embarrassing that only few Nigerian prisons (Lagos, Onitsha and Jos) have educational facilities for prisoners. Education is, perhaps, the greatest investment we can make on the prisoners. If schools are built in prisons and prisoners are trained, their capacity to become better citizens is enhanced and the society at large will be better for it.

Conclusion

The recent report that 35 inmates in Jos prison would be participating in the November/December 2018 WASSCE (West African Senior School Certificate of Education) examinations having been sponsored by the National Industrial Training Fund came as a big relief. More heart gladdening is also the disclosure that the prison in Onitsha has vocational training facilities for prisoners. It is hoped that these developments will be replicated in the other prisons in Nigeria so that inmates can start benefitting immensely from them.

 

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Election Primaries through the Lenses of the Law

Compiled by Mr Lazarus M.A, Miss Jerum Uneje, R.A. Hwande Esq and S.P. Oobulu Esq

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Nigeria’s democracy is nascent and oscillates on a 4-year election cycle. As the present administration draws close to the end of its tenure, various political parties have conducted primaries across the Federation as stipulated by the legal framework regulating the conduct of elections in Nigeria. Political parties are legally saddled with the responsibilities of sponsoring their candidates’ campaigns for every political position for election.

The law perhaps is apt regarding the conduct of party primary elections regarding how a candidate can be elected. On this point, section 87 of the Electoral (Amendment) act, 2015 clearly lays down the procedure for the nomination of candidates by political parties which could either be by direct or indirect voting. The spirit of this section is in line with provision of section 36 of the 1999 constitution of the federal Republic of Nigeria which guaranteed fair hearing. By direct election, aspirants are given the opportunity of being voted for by all members of the party present at the election venue, while in indirect primaries aspirants are voted for by delegates (the number is usually determined by the position contested for). Whichever procedure (direct or indirect) a political party decides to adopt, the aspirant with the highest votes becomes the representative of the party.

Despite this injunction, the Media, Civil Society and other stakeholders report that the recently held primaries fell short of the provisions of the ELECTORAL (Amendment) ACT 2015. All the major Political parties failed to adhere strictly to the provisions of the subsisting legal framework as shown in a range of malpractices that shadowed the primaries across the country.

The APC (All Progressive Congress) adopted the indirect primary election procedure in Benue State. This system as earlier mentioned makes use of delegates who elect candidates on behalf of the party congress. However, it is alleged that the procedure was not strictly followed in practical reality. For instance, it was reported that during the House of Representatives election for Kwande/Ushongo Federal Constituency, violence ensued because of protests from delegates who alleged that they were being impersonated. Allegations of vote buying and tampering with the delegates list were also rife and thrown at 2 of the aspirants.

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The PDP (Peoples Democratic Party) which also adopted the indirect election procedure also failed to comply with the provision of section 87 of the ELECTORAL (Amendment) ACT 2015. It is alleged that the PDP primary elections at all levels and stages in Benue state were marred by violence, supplanting of candidates, vote buying and clear case of God-fatherism. In Otukpo/Ohimini Federal Constituency for election for example, candidates were alleged to have been substituted.

From the above it is clear that the spirit and tenet of the above section of the Electoral Act was violated in its entirety. In any case, elections, be they at primary or general stage require strict compliance with the provision of the electoral act to ensure peaceful, orderly and smooth conduct. Any deviation from these provisions is punishable under the Act if found guilty by the court of law. For instance, section 122 of the Electoral Act provides for the offence of impersonation and criminalizing same. The punishment paragraph under sub section (1) of the above section stipulates that, if found guilty the person shall be liable for a maximum fine of 500,000 (five hundred thousand naira) or 12-months imprisonment.

 

Other alleged offences also took place. For example, it is widely reported that the All Progressives Congress (APC) failed to conduct the required primary elections for the State House of Assembly; instead, party big wigs selected candidates of their choice for the elections over those desired by the electorate. This is a clear violation of the subsisting electoral law.

The above stated violations have their consequences in varying degrees and dimensions including the following:

The rights of both the delegates and aspirants who have the mandate to vote or be voted for have been fundamentally denied and breached by leaders of the various political parties.

Another serious consequence is the potency of derailing the forthcoming general elections and its credibility.

Another consequence is the breeding of grounds for violence and unrest in the political ecosystem.

Based on the foregoing therefore, the following are recommended:

  • That the Independent National Electoral Commission intensify its monitoring of Party Primaries, investigate allegations and sanction erring Parties accordingly.
  • Sensitize political parties and their officials on the need to adhere strictly to the provisions of the subsisting legal framework regulating the conduct of elections
  • The justice system actors including the Police, the Judiciary and other stakeholders should be sensitized on the need to closely monitor, investigate and sanction erring individuals and parties accordingly.
  • Power brokers should be told of the need to ensure peaceful elections by midwifing a free and fair process thereby providing a level playing field for all.

Leaders of thought such as the traditional and religious leaders should be encouraged to preach against the culture of vote-selling as it inhibits community development subsequently.

 

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