SERAP asks court to stop Buhari from ‘violating human rights’ by implementing CAMA 2020

 

BY LINUS CHIBUIKE

SOCIO-ECONOMIC Rights and Accountability Project (SERAP) has filed a lawsuit, seeking an order stopping President Muhammadu Buhari from implementing what it described as the unconstitutional provisions of the Companies and Allied Matters Act 2020, which allow the Federal Government to arbitrarily and unilaterally cancel or revoke the certificate of registration of any association on “flimsy grounds”, noting that these provisions may be used as a pretext for violation of rights.

SERAP is specifically asking the Federal High Court, Abuja, to stop the President from implementing the provisions of CAMA, 2020, which allow the Federal Government “to arbitrarily merge a new association with an already registered association; to suspend and remove trustees of any association; and to take over funds belonging to any association, and transfer such funds to another association on the pretext that the account is dormant.”

Joined as Defendants in the suit marked, “FHC/ABJ/CS/172/2021”, filed last Friday,
are the Attorney General of the Federation and Minister of Justice, Abubakar Malami, and the Corporate Affairs Commission.

SERAP had, in August 2020, written a letter to the President, requesting him to revoke his assent to CAMA 2020 and return it to the National Assembly for repeal of the “repressive provisions”, particularly sections 839, 842, 843, 844 and 850 contained in Part F of the Act, and any other similar provisions.

The group said, “The right to freely associate with others works both ways. The others you want to associate with must be prepared to associate with you. None can be imposed on the other. The right to freedom of association also connotes the right of the others to freely associate with or dissociate from whosoever.

“The Nigerian Constitution of 1999 (as amended), the International Covenant on Civil and Political Rights, and the African Charter on Human and Peoples’ Rights guarantee to everyone the right to freedom of association, to belong to any association of their choice. By allowing the Defendants to arbitrarily merge two or more private associations, religious associations, charities, NGOs or professional bodies, CAMA 2020 blatantly violates this fundamental human right.”

“Section 842(2)(a)(b)(5)(6) of CAMA 2020 violates the right of these associations and other Nigerians to property including the right to operate their bank accounts and use their funds the way they choose to subject to already existing banking regulations and practices,” it added.

SERAP has therefore sought for an order of injunction restraining CAC or persons acting on its instructions from further implementing, applying and enforcing “the offensive and unlawful provisions of sections 831; 839; 842; and 850 of CAMA 2020 and any regulations made pursuant to these provisions, pending the hearing and determination of the suit.”

The suit was filed on behalf of SERAP by its lawyers – Kolawole Oluwadare and Opeyemi Owolabi.

It read in part, “The power under section 831[i][ii] to merge associations without their consent is manifestly unwarranted and serves no purpose, and yet most likely to be abused to violate the rights of individuals to associate with other people of like minds, particularly given the growing restriction on civic space and crushing of peaceful protests in the country.

“The Defendants do not have the constitutional and legal power to suspend or remove a trustee of any registered association on a mere belief or suspicion the association is engaged in fraud, and without due process of law, and fair hearing.

“There is no provision in Section 839(7) of CAMA 2020 to the effect that a person or trustee affected can make representations and defend themselves as stipulated by the Nigerian Constitution and international standards. This provision does not provide for any administrative or quasi-judicial review or appeal process, which means the decision by the Corporate Affairs Commission is final.

“The power to arbitrarily and unilaterally suspend and remove trustees of any legally registered association, and to appoint an interim manager or managers to run the affairs of any such association on the basis of undefined public interest is unlawful, and contrary to the Nigerian Constitution and international human rights treaties to which the country is a state party. The exercise of this arbitrary power is subject only to the approval of the supervisory Minister, a political appointee.

“Section 842(2)(a)(b) of CAMA 2020 which allows the taking over and transfer of funds belonging to a registered association such as private associations, religious associations, charities, NGOs or professional bodies registered under Part F, to another association is in clear violation of Section 44(1) of the Nigerian Constitution, as it does not provide for payment of compensation and the opportunity for the determination of the interests of the association before a court of law.

“In Nigeria, everyone has a right to their property, and this right cannot be arbitrarily taken away. A recognized and acceptable canon of interpretation is that statutes such as CAMA 2020 which purport to deprive citizens of their proprietary interest and acquired rights, are always interpreted strictly.

“Section 850(3) of CAMA 2020 which provides for notice of hearing of the petition to be given to association is of no consequence, as the subject matter of the suit for dissolution would have been dealt with by the act of the Corporate Affairs Commission alone without recourse to due process of law.”

On account of these arguments, SERAP is seeking the following reliefs:

“A DECLARATION that Section 831(i)(ii) of CAMA 2020 which empowers the 3rd Defendant to treat an association as forming part of an already registered association and treating two or more associations as one is null, void and of no effect under Section 1(1)(3) of the Nigerian Constitution, for being inconsistent with Section 40 of the Constitution, Article 22 of the International Covenant on Civil and Political Rights, and Article 10 of the African Charter on Human and Peoples’ Rights

“A DECLARATION that Section 839(1) and (7) of CAMA 2020 which empowers the 3rd Defendant to suspend and/or remove trustees of a legally registered trusties is null, void and of no effect under Section 1(1)(3) of the Nigerian Constitution, for being inconsistent with Sections 36(1)(2) and 40 of the Constitution, Article 14 of the International Covenant on Civil and Political Rights and Article 7 of the African Charter on Human and Peoples’ Rights

“A DECLARATION that Section 842(2)(a)(b), and (5)(6); 850(1)(d) and (2)(e) of CAMA 2020 is null, void and of no effect under Section 1(1)(3) of the Nigerian Constitution, for being inconsistent with Sections 36(1)(2); 40 and 44(1) of the Constitution, Articles 22 and 10 of the International Covenant on Civil and Political Rights and Articles 7 and 14 of the African Charter on Human and Peoples’ Rights

“AN ORDER OF COURT declaring Sections 831(i)(ii); 839(1)(7); 842(2)(a)(b), (5) and (6) and 850(1)(d)(2)(e) of CAMA 2020 as null, void and of no effect under Section 1(1)(3) of the Constitution, for being inconsistent with Sections 36(1)(2); 40 and 44(1) of the Constitution

“AN ORDER OF COURT setting aside portions of Company Regulations and other directives and regulations made by the Defendants [particularly the 3rd Defendant] pursuant to, and specifically relating to Sections 831(i)(ii); 839(1) & (7); 842(2)(a)(b), (5)(6) and 850(1)(d)(2)(e) of CAMA 2020

“AND any other ancillary or consequential orders as the Honourable Court may deem fit to make in the circumstance of this case.”

A date has yet to be fixed for the hearing of the suit.

 

 

Why we’ll enforce 7 days ultimatum given to killer herdsmen to leave our community – Yewa youths

 

BY ABISOYE JOHNSON

THERE was pandemonium at the weekend in Orile-Igbooro, Yewa North Local Government Area of Ogun State, when hoodlums, suspected to be herdsmen reportedly launched an attack on the community, killing no fewer than four persons.

Some houses were burnt while many people were seriously injured in the crisis, which was said to have affected some other communities in the area.

In reaction to the recent attack and previous ones cited, Yewa youths, under the auspices of Yewa North Patriotic Forum, has given killer herdsmen seven days to vacate the community.

In a statement titled, “YNPF to killer Fulani herdsmen: We can’t condone you beyond seven days”, signed by the President of the group, Sani Omobolaji, the youths alleged that villagers had been living in fear of killings which could only be traced to the killer herdsmen.

Abiodun Kazeem, an indigene of the community, told our correspondent that though the youths were aware that it was not right to take laws into their hands, they would do everything to implement the ultimatum given the herders.

“We sent a message out. They must obey it. They can’t continue intimidating us in our own community. Enough is enough. Governor Dapo Abiodun should do the needful and not treat this with kid gloves. We can’t continue suffering the loss of lives and property,” he told THE POINT.

The Olu of Ilaro and paramount ruler of Yewaland, Oba Kehinde Olugbenle, has also appealed to the Federal Government and the State Government to wade into the crisis and protect the lives and property of people in the area.

This was as a member of the Ogun State House of Assembly, Wahab Haruna Egungbohun, also spoke on the incident, saying the killings in the community were becoming unbearable.

He noted that his people could no longer sleep with their eyes closed.

He said, “On Thursday, some communities in Yewa North, that include Owode Ketu, Ijoun, Eggua, Igan-Alade, Tata were reportedly attacked by herdsmen who killed two villagers.

“On Friday night again, heavily armed men entered Orile-Igbooro village in Yewa North and no fewer than four villagers were killed, some houses burnt while many people were left with varying degrees of injury.”

“It is clear that these herdsmen are behind the attacks. Ketu Constituency II has often witnessed violence attacks stemming from disputes between herdsmen and farmers,” the lawmaker added.

THE POINT had reported that the Chairman of the South West Governors Forum and Governor of Ondo State, Rotimi Akeredolu, had appealed to the Yorubas in Ibadan, Oyo State, and all residents of the South West, to remain law abiding even in the face of provocation.

Akeredolu said while he understood the height of provocation in the light of recent happenings in Shasha, Ibadan, he, along with other South West Governors were against willful appropriation of laws into indigenes’ hands.

He spoke in a statement he personally signed on Saturday night, saying the governors noted “with deep concern, the most unfortunate and avoidable orgy of violence in Shasha, Ibadan, the Oyo State Capital.”

According to the Governor, the situation people from the South West are confronted with is most despicable and contends against the values they are known for.

He therefore appealed to Yorubas to sustain the values of not identifying with lawlessness, noting that this was not a sign of weakness but strength.

 

 

Why I will never give up on Buhari – Tunde Bakare

 

BY BANYO TEMITAYO

SERVING Overseer of the Citadel Global Community Church, Pastor Tunde Bakare, has said he will never give up on President Muhammadu Buhari, regardless of the circumstances.

He said the President could only do his bit in the efforts at setting things right in the nation, while others would also play their parts.

Bakare who was Buhari’s running mate in the 2011 presidential election, under the Congress for Progressive Change, added that he could not also give up on Nigeria because his destiny was intertwined with that of the nation.

He spoke during a sermon in Church, monitored by THE POINT on Sunday.

He said, “I was talking to some friends; we constantly meet in Abuja to discuss the present, the future of Nigeria and what we think can be done. And when they were talking, I said to them: Why I will never give up on Buhari is that he can only do his bit, if he is a forerunner, others will come and fix it.

“I can never give up on him because any friendship that ends never started. Regardless of what he does, he is one person; regardless of who surrounds him.”

The pastor noted that he could not also give up on Nigeria because of the circumstances of his birth.

“When I was born, for the first three years, I couldn’t walk, I would crawl to go and get water, until my third birthday when I got up and started running. My mother never gave up on me; if she had given up on me, I would have given up,” he said.

“If Nigeria is crawling and can’t walk, I will never give up on this nation. No matter what happens, I will never give up on this nation because my destiny is intertwined with that of this nation. Nigeria will be saved; Nigeria will be changed; Nigeria will become great in my lifetime,” Bakare, who is also the Chairman of the Royal Commonwealth Society (Africa), declared.

On the current Fulani herdsmen crisis in the South West and the various narratives surrounding it, he advised Nigerians to mind their utterances in the interest of peace.

He said, “Not all Fulanis are evil. Stop the nonsense going on in our land. There are criminals among Fulanis, there are criminals among Yorubas, there are criminals among Igbos. Don’t make a sweeping statement to paint everybody with the same paint.

“The Lord will begin to diminish the criminals amongst us, East, West and South, and let a new culture evolve in our land. Don’t misuse your tongue to bastardise everybody and just call everyone names.

“What do you want to say about me? If I tell you the story of my life now, they will call me Fulani, so I’ll keep quiet. I’m a thoroughbred Nigerian and the hope of Africa is getting Nigeria right so that every black man, everywhere can walk tall.”

Recall that Pastor Bakare had recently explained that he was quoted out of context in reports that quoted him as saying that President Buhari had disappointed Nigerians.

He said the newspapers chose the angle they liked and misrepresented the facts in the process, in order to sell their papers.

He was quoted to have said that there was a general feeling of disappointment among Nigerians with the Buhari administration.

Bakare had, in an interview with the Publisher of Ovation Magazine, Dele Momodu, said the drum of disintegration was louder in Nigeria than before, but that he was optimistic that the country would survive and become “the Nigeria of our dreams”.

 

 

FG hands over National Theatre to Bankers’ Committee, as N21.89bn renovation project begins

 

BY BANYO TEMITAYO

THE Federal Government has handed over the National Arts Theatre to the Bankers’ Committee for renovation, as approved by the Federal Executive Council.

A Memorandum of Understanding and Contract Award Signing ceremony to this effect held at the weekend in Lagos between the Federal Government and the Bankers’ Committee, which is expected to provide about N21.89 billion for the project.

The Minister of Information and Culture, Lai Mohammed, represented the Federal Government at the ceremony, while the Bankers’ Committee was represented by the Governor of the Central Bank of Nigeria, Godwin Emefiele.

Also present at the event were the Minister for Youth and Sports Development, Sunday Dare; Governor Babajide Sanwo-Olu of Lagos State; and Chairman, Body of Bank CEOs, Herbert Wigwe.

According to the CBN Governor, the reconstruction and refurbishment of the National Theater, including the proposed Lagos Creative and Entertainment Center, is expected to be completed within 15 months.

He also projected that 35,000 jobs would be created with the implementation of the project.

Recall that the Minister of Information had, after the last FEC meeting in Abuja, told State House Correspondents that the Bankers’ Committee was expected to provide about N21.89 billion for the renovation of the National Theatre.

He said the apex bank was also expected to manage the refurbished National Theatre for a few years before handing it over to the Federal Government.

“The President had in 2020 given approval to the CBN and the Bankers’ Committee, to develop, refurbish, renovate the National Theatre, and at the same time, take over the adjoining lands to create a veritable creative industry where there will be four hubs. One for films, one for music, one for IT and the other for fashion,” Mohammed said.

Shedding more light on the project, Emefiele said, “The idea behind the project, christened, ‘Lagos Creative and Entertainment Centre,’ is simple. First, we seek to restore the glory of an iconic building by aligning most of the fabric and equipment, and facilities in the building with the aesthetics of the 21st century.

“Second, to develop an ecosystem of creative hubs on the adjoining 44-Hectare parcel of land. This new facility will complement and enhance the National Arts Theatre.

“The Bankers’ Committee is providing funding for a prototype cluster located to the north of the National Arts Theatre, a development which we have labelled the ‘Signature Cluster’. This facility will be a convenor, providing space, support network, business development, and community engagement for the creative, cultural and technology sectors.

“The Signature Cluster will consist of a building each for Music, Film, Fashion, and Information Technology verticals. In addition to these, a welcome/visitor’s centre, Police and Fire Stations, and structured parking for up to 500 vehicles will be built.”

The apex bank boss said he anticipated that about 10,000 direct and indirect jobs would be created during the construction of the Lagos Creative and Entertainment Centre.

“We also project that over 25,000 people will be engaged in different sections of the Centre, when the Signature Cluster is completed, with an anticipated multiplier effect of other job opportunities,” he noted.

 

‘Attacks on Yoruba race’: Tinubu silent because of his political ambition – Timi Frank

 

BY AYO ESAN

FORMER Deputy National Publicity Secretary of the All Progressives Congress, Timi Frank, has called on a former Governor of Lagos State and National Leader of the All Progressives Congress, Bola Tinubu, to speak up in defence of the Yoruba race “now under fierce attacks by herdsmen, bandits and kidnappers.”

He made the call just as he berated President Muhammadu Buhari and Tinubu, over the recent crisis in Oyo State as well as across the South West and other regions of Nigeria.

Frank, in a statement in Abuja, on Monday, also decried the spate of insecurity in the country, especially in the South West, saying that Buhari and Tinubu should be held responsible for the crises.

He urged the APC leader to break his silence and speak up against the attacks in his region, saying his continued silence does not portray him as a leader who has the interest of his people at heart.

He said, “The crisis in the South-West should be solely blamed on Tinubu who foisted Buhari on Nigerians and especially on the South West.

“How can Tinubu continue to keep mute over the attacks in Oyo State and other South West states?

“Tinubu is a leader of the Yorubas in South West. Asiwaju cannot be silent over matters involving threats to life, peace and security of his people.

“His continued silence has become too loud, especially owing to the fact that he was the major influence and the reason the Yorubas voted massively for Buhari in 2015.

“Tinubu’s silence shows he is only protecting his business interests in the South-West as well as protecting his political ambition.

“He does not want to shatter his relationship with Buhari which in turn, by his calculation, would attract the President’s nod for him to have a shot at the presidency come 2023.

“But as a leader of the region, Tinubu should speak against the attacks against his people and not be driven by his selfish 2023 presidential ambition.”

The Bayelsa-born activist added, “Nigeria is more divided under Buhari than it has ever been before. Buhari’s government has polarised the country across religious and ethnic lines.

“This government is so clueless and incompetent that it recognises and shows a soft hand on terrorist groups like Boko Haram, killer herdsmen and bandits, but sadly mete out cruelty on innocent and patriotic Nigerians.

“Look at the number of security personnel it sent to wickedly dehumanise and arrest peaceful #EndSARS protesters at the Lekki Tollgate in Lagos.

“Yet, the Buhari government can’t send a similar proportion of law enforcement agencies after killer herdsmen.

“Instead, the President is emboldening the terrorist groups with his direct and indirect support, even against the South-West region and the likes of Tinubu have kept silent while their people suffer.”

Frank, however, urged all Nigerians and especially the leaders in the South-West to “unite and fight this common enemy.”

He urged other regions to also join in the fight, warning that if the trend was allowed to fester, sooner than later, the crisis of insecurity might grow out of proportion in every region of the country.

-ThePoint

 

Valentine: Access Bank’s ‘It’s a Love Thing’ campaign to run till Feb. 28

 

BY BANYO TEMITAYO

ACCESS Bank Plc has unveiled a series of exciting offers to celebrate its customers this Valentine season.

The campaign, tagged, “It’s a Love Thing” is the 4th edition and will run from February 10 to February 28, 2021.

A statement quoted the Executive Director, Retail Banking, Access Bank, Victor Etuokwu, as saying, “Valentine season gives us another opportunity to show love to our customers and reward their loyalty for banking with us. We are using this opportunity to thank our customers for their commitment to Access Bank.

“We appreciate our customers as well as non-customers who depend on our services and products to achieve seamless banking transactions and wish everyone a happy valentine’s celebration.”

Group Head, Consumer Banking, Adaeze Umeh, added, “In the spirit of the love season, we have created unique and amazing offers to meet the needs of our customers this season. Our Device Finance offer allows our customers to gift their loved ones with new devices for as low as N1,500 per month. All they need to do is to download the Quickbucks app to get started.

“Customers who perform at least fourtransactions daily using our mobile app or USSD service *901# will stand a chance to win N1 million at the end of February, 2021.

“We will also offer a 20 per cent discount to the first 4,000 customers who subscribe to our XclusivePlus quarterly plan between today and the last day of February 2021.

“Our merchant customers are not left out of the fun this season, we will be rewarding them with shopping vouchers when they perform transactions up to N200,000 or more on SwiftPay which is a revolutionary payment platform designed for SMEs who do business on social media.

“We are offering these and so much more to show how much we appreciate our customers for their consistent patronage.”

“To join the rewarding train, all you need to do is to dial *901# to open a new account or walk into any Access Bank branch close to you to reactivate your account and start transacting today to enjoy the Valentine Campaign benefits,” Adaeze noted.

 

 

How France ‘helped Rwanda genocide suspects escape’ in 1994 – Report

 

AUTHORITIES in Paris helped suspects in the 1994 Rwanda genocide to escape while under French military protection, according to a diplomatic cable, rekindling Kigali’s allegations France secretly supported Hutu forces behind the killings.

The document, written by France’s envoy to Rwanda and obtained by AFP Sunday from a lawyer researching France’s actions during the genocide, suggested that Paris knew suspects had sought refuge in a “humanitarian safe zone” controlled by French soldiers.

The soldiers had arrived in June 1994 as part of the UN-mandated Operation Turquoise to stop the massacres that left at least 800,000 people dead, mainly among the Tutsi ethnic minority.

French envoy to Rwanda Yannick Gerard wrote to his superiors to ask what to do with the genocide suspects, in a cable found in the archives of an adviser to Francois Mitterrand, the French president at the time.

“We have no other choice… but to arrest them or place them immediately under house arrest to wait for international judicial authorities to decide their case,” Gerard wrote, in excerpts of the cable first published by French investigative website Mediapart on Sunday.

– ‘All indirect channels’ –

The cable was discovered by Francois Graner, a lawyer who works with the victims’ rights group “Survie” (Survival) and who won a years-long battle last June to finally get access to Mitterrand’s archives.

In response, French foreign ministry officials told Gerard: “You can… use all indirect channels, especially your African contacts, without exposing yourself directly, to transmit to these authorities our wish that they leave the Humanitarian Safe Zone.”

“You will note in particular that the international community, and in particular the United Nations, will determine very soon how to proceed with these so-called authorities,” it continued, referring to the former Hutu regime who had sought refuge in southwest Rwanda near the border with what was then Zaire.

It is signed by Bernard Emie, a foreign ministry adviser who is now the head of France’s DGSE foreign intelligence service.

“It’s the missing written piece of evidence, an essential piece of the puzzle,” Graner told AFP.

Tensions have remained fraught between Rwanda and France, which has always denied claims that it sided with the Hutu regime and failed to stop the surge in anti-Tutsi hatred following the 1994 assassination of then-president Juvenal Habyarimana.

But in 2019, President Emmanuel Macron announced the creation of an expert panel of historians and researchers to look into the claims, widely hailed as an effort to confront France’s troubled past in Africa.

While Rwanda was never a French colony, successive French governments cultivated close ties after the country’s independence from Belgium in 1962, including training its top military leaders.

– AFP