RSS

Tag Archives: lAWYERS

MY RETREAT STORY

by Elvis Torkuma

1st March to 3rd 2019, Lawyers Alert held her annual retreat. I left Abuja for Makurdi Benue State Capital with Rapheal Didel our hard working Office assistant, Ellen Onougha our legal officer and Blessing Mase our Finance Officer; we were driving in a convoy of four cars with the police escort in front of us, we stopped at Masaka to fuel our cars and then the unexpected happened, my car broke down I did my best but the car did not start, my colleagues drove off as the time was running against us leaving me, Ellen, Blessing and Raphael. Raphael also did his best  by  proffering  suggestions  but it wasn’t helpful at this point  I started  losing hope of traveling  with the car and how to get out of the ugly situation, after few minutes my program Director Miss Roseline Oghenebrume called me to find out if there was any positive development but I told her there is none at the moment, she then asked me to park the car in the filling station and hire a taxi that will take us to Makurdi, I then called my friend who has a taxi but he rather added to my worries as asked me to  pay him N50000, an outrageous money to pay for a journey of 4hrs, Suddenly the police escort team returned with my program director to assist us with bags.  One of the officers then asked me to start the car again I did and the car picked without wasting time  I drove off and had a successful journey without further challenges; we arrived Makurdi at about 6: PM

We got to the hotel  tired,  we were all expecting to have our bath and rest due to the stressful time we had on the road, we got lodged but the hotel was not a good state as there was limited water, the AC’s were not cooling and some TV’s were  not showing. I then saw a written on the toilet door, (WATER IS EXPENSIVE CONSERVE IT); at this point I knew I was in for another unsuitable experience. I managed the small water I saw to bath. In the evening we had a wonderful seat out with my colleagues, we had enough drinks, barbecue and pepper soup with good music. It was a memorable evening after a hectic day.

The next day we had aerobics in the morning and then proceeded to the venue of our Retreat which is at NO6, Alhmadu Bello Way Old GRA Makurdi Benue State,Lawyers Alert Head Office. DAY 1 of our retreat was an internal meeting where we discussed issues regarding team bonding, organizational Goal, Vision and Mission this was in a way to better integrate some of our new staff into organizational goal, vision and mission, our Consultant Mrs Hadiza was amazing as she was very diligent in making sure we all understand the goal of Lawyers Alert, Values of the organization and our responsibilities as staff. Then it was it TEA BREAK, another ugly episode. They brought us TEA BREAK, a slide break wasn’t well wrapped and the president Lawyers Alert Mr Rommy Mom was disappointed at caterer. He ended up not eating the food likewise others, although I managed and ate the food. After then we continued with our meeting which was participatory and interactive as almost everybody contributed to issues raised. We had lunch when it was lunch time this time the caterer served us a tasty meal. We later conveyed and discussed on few things and then we closed. As it is rightly said, Work without Play Makes Jerk a dull boy! I was just waiting for evening hangout to refresh myself with cold drinks, meat and good music as usual. We later hanged out as I was expecting, we had enough fresh fish to eat, cold drinks with good music.

 

DAY 2. We continued with our retreat on day 2 with our partners in attendance, our 2018 strategic plan was reviewed along with our partners inputs were made. After reviewing our 2018 strategic action plan we also presented our 2019 annual strategic action plan for our partner’s  to make inputs in other to have a robust and  inclusive action plan for 2019. After an interactive session with our partners, they made lot of inputs into our 2019 strategic annual plan we then harmonized their inputs and make 2019 strategic annual plan a document. After a hectic day with our partners in drafting the  2019 strategic plan I was patiently waiting for evening to come so that I will have a hangout with my colleagues, it was going to be a different  evening compare to others  because we were to share gift. I was not having much money to buy an expensive gift but I bought an affordable gift. We went to back to our hotel after the meeting and later gathered at the hotel garden as usual for gift session, we didn’t factor drinks because we were to club that night at Harley Day Inn, we exchanged gift had light drinks and went back to prepare for the night club. All these while I was waiting to see how some of my colleagues will dance at the club due to their conservative behaviours and perceived  low social exposure, these were my thoughts. We then moved into the club at about 9:PM at the VIP, unfortunately the VIP which could have contain us had cooling problems , we had to move out to regular, to my greatest surprised some of my colleagues I thought were reserve were the ones who actually made the club rock that night. Although Mr Hwande dance steps were from another planet, he was the side attraction for me,  and my program director Roseline danced very well, I saw wonderful dancing steps from many of colleagues, Somto, Ellen, Leslie, Mary and the President Lawyers Alert himself Mr Rommy, It was indeed fun and an amazing experienced.

On Day 3.Our supposed final day of the retreat was a very short we only did the recap of the retreat, we spend few hours doing the recap, what went wrong, what went right and what the way forward. We then had Tea break and lunch within an hour interval. We snapped pictures and closed for that day. Although one thing was certain, evening hangout; we later had hangout as usual, had drinks listen to good music and then we both went in our rooms and slept. My retreat was very memorable I had awful moments and interesting moments which made it a memorable retreat. I must appreciate the management of Lawyers Alert for making our retreat fun and entertaining despite challenges we had in the hotel. The provision of drinks, good meal, clubbing and logistics made my retreat interesting. I am again looking forward for 2020 Lawyers Alert again by the special grace of God. God bless Lawyers Alert and long live our partners.

 

 

Elvis Torkuma is the Project Officer of Lawyers Alert and participated in the 2019 staff retreat.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tags: , , , ,

LAWYERS ALERT SUES THE FCT MINISTER, AND THE POLICE OVER CONTINOUS ARREST OF WOMEN AT NIGHTS IN ABUJA

LAWYERS ALERT SUES THE FCT MINISTER, AND THE POLICE OVER CONTINOUS ARREST OF WOMEN AT NIGHTS IN ABUJA

 

Lately the Nigeria Police and the Authorities in Abuja the Federal Capital territory have resorted to the practice of arresting women seen outside of their homes at night and prosecuting them on the obsolete law of wandering (read prostitution). The prosecution under the law of wandering, which itself is obsolete, because no law prohibits sex workers. The intention is however to intimidate perceived sex workers, but in the process, hundreds of women are affected and traumatized by arbitrary and dragnet arrests.

Commercial sex even though very high in major cities like Lagos and Abuja is highly frowned at by the Authorities.

Seeking to gain political mileage and also wanting to appear to fight crimes, the Politicians and the Police have lately resorted to intense harassment of commercial sex workers in Abuja. The practice is for the Police officers to swoop on them at nights and arrests dozens. A lot of women who are on other ventures have suffered a lot from this, as the mere appearance of a woman without a male escort at night can lead to arrest without questions. Several women have suffered this indignation. A female Banker was recently arrested when she parked her car and strolled across the street for Toiletries. It took the intervention of her employers next day for her to regain freedom.

As earlier espoused because the Police have no law to charge these women, they are charged under the obsolete law of wandering at night. Women are now being detained and imprisoned on this account. Curiously men “wandering” at night are not arrested.

Women arrested are sometimes raped by the arresting officers and let to go home. Their only offence, at least by the constitution of Nigeria is that they are females who dare to come out at night. Prostitution is stritu sensu not an offence in Nigeria.

The practice of arrest, detention and imprisonment of women on this account is now gaining popularity as women are increasingly coming under some sort of siege in cities like Port Harcourt, Kaduna and Ibadan. Women rights to freedom and liberty is now gradually being eroded and marginalized on account of suspicion of sex hawking. Recently an Abuja court sentenced to jail several women on this account. Daily Trust of Friday, June 3, 2011 page 63, www.dailytrust.com.

As earlier stated, these actions are as illegal as they contravene the constitution. The need is now urgent to legally challenge the constitutionality or otherwise of these actions to put an end to it.

The Police normally charge these women in the lower courts and not the High Courts where their actions cannot be legally closely scrutinized. The lower courts are courts of summary trials.

Lawyers Alert has now approached the Abuja High Court to have the court make a declaration that this is constitutionally illegal.  Thousands of women will be the beneficiaries and the court decision will no doubt be an Authority or Locus Classicus on women rights in Nigeria and other parts of Africa. A favorable decision of Court will be a reference for lower courts and also the police to desist forthwith from these acts.

This proposed Action is urgent, because women are continually been sent to prison on almost weekly basis. Freedom and liberty is by far one of the most precious rights and the continuous illegal denial and abuse of this makes this matter very urgent in being addressed. Left to the authorities and time to rectify this situation might take years alongside the spillover effect in its spread across other regions in Nigeria.

 

Law and Advocacy are two key strategies presently being put to use by Lawyers Alert in advancing women rights in several spheres be it political, economic or social.

The present case fits into Lawyers Alert broader strategy in terms of advancing the rights of women to move freely and not be subject to any restraint, abuse or harassment so long as they are within the laws of the land.

Find below our Argument in Abuja High Court

IN THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY

HOLDEN IN ABUJA

SUIT NO ……………………………          

 

IN THE MATTER OF THE APPLICATION FOR ENFORCEMENT OF FUNDAMENTAL RIGHTS OF WOMEN RIGHTS OF MOVEMENT IN THE FEDERAL CAPITAL TERRITORY

IN THE MATTER OF FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES 2009

 

BETWEEN:

LAWYERS ALERT ASSOCIATION

 

AND

 

1        HON. MINISTER OF THE FEDERAL CAPITAL TERRITORY

2        COMMISSIONER OF POLICE, FEDERAL CAPITAL TERRITORY

3        INSPECTOR GENERAL OF POLICE

4        NIGERIA POLICE FORCE

5        ATTORNEY GENERAL OF THE FEDERAL REPUBLIC OF NIGERIA

ORIGINATING SUMMONS TAKEN OUT PURSUANT TO SECTIONS 35, 41 AND 42 OF THE 1999 CONSTITUTION AND ORDER 2 OF THE FUNDAMENTAL RIGHTS (ENFORCEMENT PROCEDURE) RULES 2009 AND ARTICLES 2 AND 19 OF THE AFRICAN CHARTER OF HUMAN AND PEOPLE’S RIGHTS

PLAINTIFFS WRITTEN ADDRESS/ARGUMENT IN SUPORT OF ORIGINATING SUMMONS

FACTS

Following the pronouncement of the 1st Defendant to rid Abuja of prostitutes, the 2nd and 3rd Defendants, through members of the Nigeria Police Force commenced the mass arrests and harassment of women seen at nights in Abuja. The sole reason for these arrests is that these women are seen at night as the arrests do not occur in the afternoons.

Men are however not arrested.  The practice has continued throwing fear into women of going out at nights for fear of arrest and molestation by the police.

ISSUES FOR DETERMINATION

Whether the incessant harassment, intimidation, and arrest of women in Abuja at nights on suspicion of prostitution is  not only unconstitutional but also  a violation of women’s human rights.

ARGUMENT

Every Citizen is guaranteed the right of movement without restrictions at ALL times of the day by the Constitution of the Federal Republic. This is especially stated in 35(1) of the Constitution  which expressly provides thus

“Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law.”

The exceptions as provided by the Constitution for the denial of these rights are limited to instances of compliance with a sentence of a court, failure to comply with order of Court, or at other instances which certainly do not extend to arrest of women to rid a town of prostitution or arrest of women when seen at nights.

Furthermore, Section 41 (1) of Constitution provides that:

“Every Citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen shall be expelled from Nigeria or refused entry thereto or exit therefrom.” Emphasis provided.

It is submitted that movement here is closely tied to right of liberty as women can constitutionally move freely in Nigeria whether in the daytime or nighttime. Nothing differentiates the day and night for a particular sect of citizens to be targeted at nights for arrest on being sighted. This is discriminatory and violates Section 42(1) of the Constitution which provides

“A citizen of Nigeria of a particular community, ethnic group, place of origin, sex, religion or political opinion shall not, by reason only that he is such a person –

(a)   Be subjected either expressly by, or in the application of, any law in force in Nigeria or any executive or administrative action of the government , to disabilities or restrictions to which citizens of Nigeria of other communities, ethnic groups, places of religion, sex, religious or political opinions are not made subject, or

The above section clearly prohibits any restriction or enjoyment of any rights ordinarily accorded to citizens like liberty, movement etc in the implementation of any law, executive or administrative act based on grounds like sex .i.e. gender.

For women in Abuja to be subjected to arrest, purely on the ground of their sex at nights in Abuja we submit is discriminatory as men can and do move about without any molestation or  harassment. We implore the court to note that these restrictions are pursuant to the executive orders of the 1st Defendant.

The Courts have been enjoined by the Preamble of the Fundamental Rights( Enforcement Procedure) Rules , 2009   under 3 as Follows:

“3.The overriding objectives of these rules as follows:

(a)   The constitution, especially Chapter IV, as well as the African charter, shall be expansively and purposely interpreted and applied, with a view to advancing and realizing the rights and freedoms contained in them and affording the protection intended by them.”

We therefore implore the Court to expansively interpret the above sections of the law in advancing the rights of women in Nigeria and protect women from abuses and discrimination owing solely to the fact that they are women.

The relevant sections of the constitution as quoted finds amplification in Articles 2 and 19 of the African Charter on Human and Peoples Rights which adumbrates the sanctity of  equality and equal treatment without discrimination where it is stated thereof:

Article 2

“Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without discrimination of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status”

Article 19

“All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another”

The rights and freedoms as provided for in the African Charter falls on same grounds with the relevant ones as guaranteed by the Constitution, only in this instance its amplified.

It is clearly therefore without any basis for the directive of the 1st Defendant , a male, to subject women to domination by men, where men can conduct their businesses and other chores at nights without fear of molestation, but women cannot, owing to fears of arrests and intimidation by Agents of the 2nd and 3rd Defendants.

For women to be indiscriminately harassed and arrested in Abuja because they are seen exercising their rights of movement is therefore a breach of the Constitution and the African Charter.

We concede the Constitution does not make these rights absolute, but it expressly provides the instances and circumstances where these rights can be restricted as quoted under the exceptions under Section 35 of the constitution.

Where therefore the Defendants are contravening these rights outside these accepted instances it is submitted this amounts to violation of women rights in Abuja.

The Defendants may make the arguments that the women arrested at the directives of the 1st Defendant are premised on his war against prostitution in Abuja. However nowhere are women going out or seen at night is interpreted as prostitution. Prostitution involves very direct act of soliciting, in this instance all that is required for an arrest is for the women to be seen at nights.

It is therefore submitted that the actions of the Defendants is simpliciter  to harass women by denying them freedom of movement, liberty and discriminatory solely on ground that they are women  thereby occasioning inequality before the law and subjecting women to men.

CONCLUSION

Over the years women have suffered several cultural and social violation and inequality which has hampered the development of our women, sisters and mothers in especially Africa. We urge the court to send a very clear signal that men in Authority should not further reason l to institutionalize this by the passage of arbitrary orders and laws that will continue this practice.

We urge the court be swayed by the preamble of the Fundamental Rights( Enforcement Procedure) Rules , 2009   which enjoins the courts to expansively and purposely interpret and apply Chapter IV of the Constitution with a view to advancing and realizing the rights and freedoms contained in them and affording the protection intended by them.

Women need this protection and they should be treated in like and equal manner as their male counterparts for after all we are all Human beings.

Dated  this 18th day of  June 2012

 
Leave a comment

Posted by on June 19, 2012 in Women Rights and Gender

 

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Lawyers Alert

Lawyers Alert is a Civil Society Organisation that is non-partisan and non-profit made up substantially of Lawyers and other professionals committed to the entrenchment of democracy, rule of law and socio-economic development of residents of Nigeria.

It was founded in 2000, and became operational in 2002. It is registered according to the laws of Nigeria and BenueState. We are headquartered in Makurdi, Benue State with offices in Abuja.

Our vision is the entrenchment of virile democracy in Nigeria alongside its’ attendant gains.

Our mission is the empowerment of the citizenry through knowledge of their Rights and accessible means of enforcing same in a secured environment.

In 2002, Lawyers Alert, which is Benue based, identified the need for a State Network of NGOs, to create a forum for Civil Society Organisation in the state to meet and share information, knowledge and skills. The idea was to also provide a forum for cooperation and coordination in terms of advocacy in the state.  Following this Lawyers Alert brought together about ten NGOs to form the Benue NGO Network, BENGONET.  Today BENGONET is a viable State Network with about 52 member Organisations, a functional office and Staff. Lawyers Alert provided office space for the network for 2 years and also chaired the network till late 2006.

 
Leave a comment

Posted by on May 3, 2012 in Uncategorized

 

Tags: , , , , , , , , , , ,

 
%d bloggers like this: