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The Compulsory Treatment And Care For Victims Of Gunshots Act, 2017: An Analysis

By Chigoziem Ellen Onugha Esq

GUN

One of the known characteristics of Laws is that it is dynamic and not static. An example is our Constitution which has been changed serially, with the current one being enacted on May 29, 1999. Even with that, the 1999 Constitution has also gone through a couple of amendments. Change in Laws is chiefly a direct consequence of developments within a given society. Of all the challenges confronting Nigeria, I am convinced that health problems are most discomforting, and therefore any attempt by the government to build solid foundations that suit each of the problems of the health sector is going to be a welcome one. Admittedly, the enactment of the COMPULSORY TREATMENT AND CARE FOR VICTIMS OF GUNSHOTS ACT 2017 is a direct attempt to underscore one of Nigeria’s problems with regards to health.

Nigeria has no doubt progressively changed and enacted Laws to take care of its ever-changing environments. One of the offshoots of such progressive changes has been the enactment of the COMPULSORY TREATMENT AND CARE FOR VICTIMS OF GUNSHOTS ACT, 2017.

Prior to December 20, 2017, lots of lives were being lost on a daily basis due to refusal to care and treat gunshot victims by hospitals, agencies of the government and even individuals. Before December 20, 2017; it was common to have people die of gunshot wounds simply because they could not provide either police reports or money for treatment. This is, indeed, careless on the parts of the hospitals, the governments, and individuals. The doctors, for one, appear to have forgotten the Oath they swear to at induction and had rather made money and other materials considerations the substance of their practice.

It is easy to see that the emergence of the Act in question is a complete game changer with regards to the abnormalities associated with the usual refusal to treat gunshot victims. The Act has taken care of thorny issues ranging from police procedures, hospital/hospital personnel’s involvements to that of the public involvement. Its provisions are far reaching, at least, to the extent of gunshot wounds and its victims.

The fourteen provisions of the Act alongside their sections are as follows:

  1. Right to treatment
  2. Duty to assist
  3. Notification of police
  4. Certificate of fitness
  5. Offense
  6. Relations to make statement
  7. Withholding information
  8. Protection of volunteers
  9. Persons guilty of the offense
  10. Duty to notify victim relations
  11. Offense of standing by
  12. Records
  13. Trial of a corporate body
  14. Restitution

Far reaching and beautiful as the provisions of this Act are, citizens who the law is meant to protect may not be able to take maximum benefits of same unless those shouldered with the responsibility of enforcing the law are alive to their various responsibilities. It is easy for this same law to go the way of others before it in terms of implementation.

Unlike the previous instance where the whole burden of safety was on a victim of gunshot wounds, the Act withdraws this burden and places them on the police and the hospital/hospital personnel. The Act also goes ahead to make provisions for restitution at the instance of a High Court to be made by a corporate body or a person convicted of an offense under this Act to a victim of the offense.

Similarly, issues relating to police reports and deposits before treatment of gunshot victims have been taken care of by the new law. We expect better results in that regards, as we encourage citizens to hold on to their rights. That is all we have got.

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Women Participation in Politics: 2018 Primaries in Focus

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

women in politics

Women are an integral part of the political process anywhere in the world including Nigeria and Benue State. Comprising of over 49% of the population of the Country, Women are a force in both number and impact in Nigeria. They have made remarkable contributions in all areas of our National life as exemplified by amazons like Dr. Dora Akunyili, Prof. Ngozi Okonjo Iweala, Mrs. Obi Ezekwesili, Prof. Grace Alele Williams etc. Closer home, women like Chief Elizabeth Ivase, Dr. Enyantu Ifene, Hon. Margaret Icheen etc. have contributed immensely in shaping the socio-political ecosystem in Benue State. Despite these recorded achievements, election of Women into key political positions remains at a very low level in the State. The 2018/19 general elections have not changed the narrative. In fact, things are getting worse going by the performance and conduct of the last primary elections in terms of Women participation.

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All general elections are preceded by a primary election which throws up candidates for different positions across the contesting political parties. Ahead of the 2019 general elections, party primaries were held, across political parties, between mid-September and first week of October 2018. However, a plethora of complaints show that the exercise left much to be desired in terms of Women participation especially in Benue State. Though there was a good turnout of women vying for office, few were able to clinch their party tickets. The State Governorship primaries featured no female aspirant this time, not on any party platform.

The National Assembly elections particularly, did not favor Women. For example, the Senatorial Primary Elections produced 1 female from Zone A of the State while the House of Representatives had about 5 candidates across all the political parties, of this number, only 1 was nominated as at the time of writing this report.  These women and their constituencies are as follows:

Dorothy-Mato

Dorothy Mato – Vandeikya – APC – House of Representative

Mimi-Adzape-Orubibi

Mimi Orubibi – Kwande – APC – Senate

Other female aspirants lost out not because of lack of capacity but largely due to the age long discrimination against Women in party politics. For example, in the Kwande/ Ushongo Federal Constituency elections under the All Progressives Congress (APC), the only female candidate that was chosen by consensus vote due to the inconclusiveness of the elections owing to violence was substituted by the party big wigs because owing to gender considerations. That same situation obtained in Otukpo Federal Constituency Primary elections under the Peoples Democratic Party. The female candidate that was the choice of the delegates was supplanted by a male candidate that was the choice of Party chieftains at the top.

Female Aspirants to the State Assembly fared no better. Under some political parties, no election took place. The few that did were characterized by irregularities such as vote buying, violence, intimidation, hijacking and supplanting of party delegates, etc. In all these irregularities, Women were the worst hit. At the end of the day, only about 3 Women emerged as flag bearers for the State Assembly elections across the over 90 registered political parties that participated in the primary elections in Benue State and across Nigeria.

In view of the above therefore, one can say that, the 2019 general elections do not favor Women Human Rights judging from the precedents associated with the primaries. One strong point that resonates loudly is that Women Politicians are still being considered second class and subservient to their male colleagues. This is disappointing and sad because women are not being given the encouragement, opportunity and responsibility they deserve by their male counterparts. This is the situation even as global conversations and actions are again tilted towards Women Human Rights. The much-acclaimed affirmative action which cedes 35% of positions to Women of which Nigeria is a signatory to has been sidelined, to say the least.  This is true in that so many of these women willingly came forth as party card carriers, showed interest to contest but were not nominated mostly based on gender issues.

Given the above scenario, therefore, we recommend the following:

  • That all Women Politicians who feel discriminated against and hard done by their parties at the just concluded primaries can challenge the status quo in Courts of law
  • That political party structures should review their policies towards female politicians and begin to see them as equal partners in progress instead of just making up party numbers
  • That the Independent National Electoral Commission (INEC) should increase its monitoring of political Party primaries to protect vulnerable candidates, especially women
  • That Media and Civil Society should intensify their reportage and advocacy on Women Human rights with focus on the electoral process.

 

In conclusion one can truly state that the issue of Women Rights and political participation, rather than improve, seem to be waning. It’s been the same story since the inception of democracy in Nigeria in 1999.  Despite their best efforts, very few women have been able to secure key elected posts in the country. According to LA research report on the last General Elections (2015), there was neither compliance with local, regional and international instruments aimed at promoting and protecting women’s rights and development nor an increase of women participation in the electoral process in comparison with the just concluded primary elections.

We believe that if women are carried along, they can act for themselves and influence development policies, actively participate in the political process and attempt to minimize factors in the justice system which negatively impact them.

 

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Concluded Party Primaries: A Perspective and Matters Arising

Compiled by: Mr Lazarus m., Miss Jerume Uneje, R.A. Hwande Esq and S.P. Ozobulu Esq.

elections 543

If democracy is the government of the people for them and by them, as the popular adage goes, then it is the nexus in the democratic process. Elections are central to the deepening and sustainability of the democratic system of Government anywhere in the world. It provides Citizens with the opportunity to vote in or out any leader of their choice at all levels of Governance. In the election sub-sector of Democracy and Good Governance, elections are not an event but a process. There are three phases in the electoral cycle. They are the pre-election, Election Day and the post-election.

elections numbr 1

Currently, we are in the pre-election phase for the 2019 general election and many activities have been carried out and are still being conducted by various stakeholders. The just concluded party primaries held between Saturday, August 18 and Sunday, October 7, 2018 were legally the responsibility of the different political parties to carry out under the supervision of INEC.  Section 85(1) of the Electoral Act 2010, as amended makes it mandatory for political parties organizing congresses, conventions and nomination of candidates to give 21 days’ notice to INEC to enable the commission to observe the process.

election 3

So how did the Political parties fare in the conduct of the just concluded party primaries? Lawyers Alert will attempt to X ray the general conduct of political parties with focus on the major political parties from 3 basic perspectives. These will include adherence to deepening of democracy and its values in the electoral process in Nigeria, Gender equality and respect of Women Human Rights and respect of the electoral Act 2014 and other legal issues thereto.

Globally, elections are intended to deepen the culture and practice of democracy. Political parties are expected to abide by the norms of the electoral process in fielding aspirants by providing a level playing field, equal opportunity. They are expected to be transparent, accountable, provide a participatory process that will throw up the best candidates from which the electorate can then choose. Was this achieved in the recently held primaries?

elections numbr 2

In fact, the just concluded party primaries were colored by a range of malpractices as alleged by affected aspirants. Cases included vote buying, violence, intimidation and threats, tampering with the delegates’ list and candidates’ imposition among other forms of anti-democratic acts which were recorded across all parties in different states of the federation. The primaries became warfare, as the power brokers and aspirants seeking tickets turned venues of the intra-party poll to a theatre of war, with the attendant injuries, loss of lives and property and palpable tension. Internal democracy and lobbying were substituted with Machiavellian antics and the reign of impunity and terror.

In Zamfara State for example, the entire election was marred by violence and intra party crises with 2 sets of results brandished by two factions of the All Progressives Congress (APC). Media reports suggest that the INEC has since barred the party from fielding any candidate for the forthcoming elections. So, what happens to all the Aspirants that spent time, money and other valuable resources? What happens to the wishes of the electorate willing to express their franchise under the APC in Zamfara? What will happen to the growth and deepening of democratic values in that State?

The People’s Democratic Party Presidential Primary Elections held in Port Harcourt is also alleged to have been characterized by vote-buying and intimidation. An aspirant purportedly flooded the venue of the party’s convention with so much foreign currency that local parallel market operators opened temporary offices at the venue. At the end did the winner get voted in or did he simply purchase his victory at a price? These are questions.

elections 4

APGA, the All Progressives Grand Alliance, was anything but “progressive” in the conduct of its primaries. News reports suggest that certificates handed over to the wrong aspirants are to be recalled. Indeed, the party chairman is said to have apologized to party members explaining that the sudden fame enjoyed by the party caused a rise in some of the confusion that unfolded.

The Social Democratic Party, SDP, had its own share of drama as young politicians who opted for the platform in hopes of avoiding the scheming associated with the big 2, APC and PDP, soon found themselves facing equally unsavory circumstances. In Benue state. the party is said to have allowed itself to be bought over by a certain big wig in who was not welcomed in the first party he defected to. The party has also been accused of not holding any ward congresses whatsoever and merely imposing officials on the party.

There was also the issue of imposition of candidates by Political Godfathers. For example, our investigations reveal that in Benue State under the All Progressives Congress (APC), no primary election took place for the State Assembly. The party big wigs picked and chose the candidates dear to their hearts regardless of how the delegates or the electorate felt.

In the opposition Peoples Democratic Party (PDP) and the African Democratic Congress (ADC), among others, the story was not too different as protests against the manner of primaries and alleged imposition continued to resonate across the states where the parties have strongholds. From Gombe to Benue to Oyo, stories of aspirants threatening fire and brimstone over the primaries abound, with some even already defecting to other parties.

elections.. nigeria

Aggrieved political actors across the six geopolitical zones are not giving up over the perceived high-handedness meted out by the top echelon of influential party elders, doing all they can to salvage “the situation.” Ironically, among the ranks of those involved in subdued anger and frustration in the party are a couple of state governors whose preferred choices as likely successors or anointed candidates for other levels of Grade A contests were frustrated by more powerful forces in Abuja.

As it stands, the questions political observers are now asking are: how do the dramatis personae intend to douse some of the ignited flames? What is the shape of the things to come ahead of the general elections? Considering the unnerving discontent at various levels of the power strata, will the general elections still be a battle of the 2 Titans, APC and PDP or will the discontentment in their ranks give the up-and-coming parties a much-needed boost?

The 2019 elections promise to be a thing of awe…though not necessarily in a good way.

 

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SENSITIZATION WITH KABUSA MARKET WOMEN ASSOCIATION ON GENDER BASED VIOLENCE (GBV)

Dated: 12Th June 2018

The problem of gender-based violence (GBV) is an age-long problem in our communities which has led to loss of lives, emotional disorder, psychological torture and other forms of human rights abuses. These violations happen more in rural areas than the urban areas due to poor access to information, inadequate exposure and anti-human rights cultural practices, leading to an anti-social environment for women and children. Market women who ordinarily carry the burden for over 70% of the Nigerian families and are the economic main- stay of most homes suffer the most. It shows in several ways and not necessarily violent ? owing to Market women often non awareness of this, it gradually ebb their sense of dignity and consequent inability to raise citizens who fully appreciate their beings in our homes.

 

 

 

 

 

 

 

 

 

Click below for Video Clip:

http://www.lawyersalertng.org/press/GBVKABUSA.php

 

 
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Posted by on September 28, 2018 in Uncategorized

 

In Pictures: Strategic Impact Litigation Training for Nigerian Lawyers held on the 21st and 22nd of August 2018.

 
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Posted by on August 23, 2018 in Uncategorized

 

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Strategic Impact Litigation Training Workshop

Towards getting Nigerian Lawyers to commence active Strategic Litigation cases that offers legal support to resource constrain citizens, Lawyers Alert will be conducting a strategic litigation training for Nigerian Lawyers on the 21st – 22nd of August 2018. Venue will be at Reiz Intercontinental Hotel Abuja. There will be Live streaming of the training on our Facebook  https://www.facebook.com/lawyersalert/ and YouTube page. https://www.youtube.com/channel/UCmeNqfhl9uNCVSmYs_E1_CA?view_as=subscriber You can also follow highlights of the training on our twitter page @lawyersalertNG.

 

 

Combating Insecurity in Nigeria: Call for Restructuring the Nigeria Police

By Sunday Adaji Esq.

It would seem the current security situation in Nigeria calls for a complete overhaul of our security apparatus, to wit, our law enforcement agencies, especially the Nigeria Police. This overhaul goes beyond removing the executive officers of our law enforcement agencies. The overhaul has to do with restructuring.

We have talked about community policing in the past, but the fact that citizens are not trained and well-armed for this limits our ability to make any significant headway in our resolve to maintain law and order in Nigeria.

We have also been talking about restructuring. Perhaps, this is the right time to restructure. The current security situation in Nigeria calls for restructuring. We have the Boko Haram insurgencies in the North East of Nigeria. We also have the herdsmen ravaging most parts of the North, destroying lives and property with impunity. There seems to be no end in sight.

The police force seems helpless. In fact, a significant number of policemen have been killed by these insurgent groups. Unless drastic measures are taken to grapple with the insurgencies in the country, we may be heading towards the state of anarchy.

The primary duty of the government is the maintenance of law and order. To this end, section 14 (2) (b) of the Constitution of the Federal Republic of Nigeria (CFRN), 1999, as amended, states: “the security and welfare of the people shall be the primary purpose of government.” Although our law enforcement agents are trying, their effort is not yet good enough, for as long as these insurgencies continue, they have to redouble their effort to ensure that law and order is restored.

Call for State Police

Many people who call for restructuring have advocated for entrenchment of true federalism. Although Nigeria is a federal state, we cannot say that Nigeria is practicing true federalism. In a true federalism, power resides with the component units of the states which form the federation. Nigeria is made up of 36 states and a Federal Capital Territory (FCT), Abuja. Nigeria’s style of federalism operates a three-tier government, which is the federal government, the state governments and the local governments. However, power does not reside in the 36 states, but in the central government, otherwise known as the federal government.

The implication is that the central government is over bloated with the power that should reside in the 36 states. All the assets that should belong to the component states (natural and material resources) are taken over by the central government to be utilized for the benefit of the component states.

With power concentrated at the Centre, all 36 component states are forced to rely on the Centre for their monthly statutory allocation. Further, the Centre is in control and seen as the highest authority from which orders emanate. This is actually not the representation of a true federalism. In a true federalism, the component states are meant to be as, if not more powerful than the Centre.

One of the major shortcomings of Nigeria’s type of federalism is that until orders come from the Centre, the component states remain practically at a standstill. Everything depends on the Centre.

As a result of this major shortcoming, many have advocated for restructuring, calling for the  establishment of a state police. Proponents of this restructuring are of the view that if each component state has her own police, they would be able to handle security situations in their territory.

The Federal Government seems to be toeing the line of restructuring the police as there is, before the National Assembly, the agitation for the amendment of the Nigerian Constitution to reflect restructuring. By this restructuring, each of the 36 states of Nigeria would have its own police while the Federal (Central) Government would have her own separate.

This is a welcome development. It is our hope that when the constitution is finally amended to restructure the Nigeria police, and the 36 state governments now establish their police, this restructuring will go a long way to curtail the problem of insecurity in Nigeria.

 
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Posted by on August 15, 2018 in Uncategorized

 
 
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