Was it right to try minors for waving the national flags of other countries? Was this an act that constitutes a criminal offence? Was there mens rea (intention) and actus reus (physical consummation of the intention)? These are some of the questions generated by the recent arraignment of minors that rightly generated national ruckus. Let us briefly interrogate these questions.

Treason is defined in section 410 of the Penal Code as “levying war against the State” with the intention of “over-awing the (President)”. It is punishable with death. Treasonable felony (or “crimes”), on the other hand (as defined in section 412 of the Penal Code), manifests in, amongst others, an overt act done with the intention of either compelling the government to effect a change of policy, to intimidate, or to overawe the Legislature or to instigate a foreigner to invade Nigeria. It is punishable with life imprisonment.

It must be noted that while the Penal Code applies in the Northern part of Nigeria, the Criminal Code (and it’s variants) applies in the South. Provisions similar to those under the Penal Code also exist in the South

It appears to me too far-fetched to charge a person with treason simply for merely waving a foreign flag in Nigeria, without more. There must be something overt, capable of igniting the intention, otherwise it will amount to criminalising a person’s right to freedom of speech and expression which is guaranteed under the 1999 Constitution. Instigating our military (or that of another country) to overthrow the government would clearly constitute such an act; but nothing of the sort was shown in the case of the minors.

It must be pointed out that no law prohibits the prosecution of a person for violating any law – including treason or treasonable felony – unless he or she is less than 7 years old or if, between the ages of 7 and 12, he lacks the requisite maturity and capacity to understand the nature and consequences of his or her acts. See Section 50 of the Penal Code.

Subject to such express exceptions provided, such a person of less than 18 years of age should only be arraigned before a Family Court established under the Child Rights Act or Law (defined as a High Court judge or Magistrate sitting with 2 assessors); but certainly not while they are exercising their regular jurisdiction. All persons except court staff, the accused, their counsel and family members are excluded from such proceedings under sections 149, 150, 151, 152 and 162 of the Child Rights Act which is in force in Abuja. Similar provisions exist in the Child Rights Laws of various States that have domesticated the Act.

It therefore follows that the Police should have charged the ‘underage’ defendants in either Kaduna or Kano under the relevant laws of those States instead of dragging them to Abuja. The trial in Abuja was farcical and contrary to law. It was right and proper that same was discontinued.

Prof Mike Ozekhome, SAN,CON, OFR is a foremost Nigerian lawyer and human rights advocate.

Photo caption: A cross section of participants at the sensitization workshop for stakeholders in agency banking and FINTECH organised by the NSITF at the Islamic Forum of Nigeria Conference Hall, Kano.

The Nigeria Social Insurance Trust Fund (NSITF) has been commended for taking proactive steps to expand the Employees’ Compensation Scheme, ECS to the Agency Banking and Fintech industries.

The National President of the National Union of Banks, Insurance and Financial Institutions Employees (NUBIFIE) Comrade Anthony Abakpa made the commendation in Kano while speaking at a sensitization workshop for stakeholders in the Agency Banking and Fintech industries organized by the NSITF over the weekend in the ancient commercial city.

According to the union leader, a growing collaboration between the NSITF and stakeholders in the mobile money and FINTECH industry will not only provide a networking platform but also a safer and supportive financial service environment for employees across Nigeria. He described the ECS as one of the nine contingencies making up the social security programmes enunciated by the International Labour Organisation (ILO), equally observing that though the NSITF has made remarkable progress in implementing the scheme across the years, the foray into the Fintech industry was strategic and came at the nick of time. He therefore urged participants who thronged the Islamic Forum of Nigeria Conference Hall, Kano, to embrace the scheme.

He further stated that for a seamless implementation of the ECS in the fast growing Fintech and agency banking sector, the NSITF must also brace up with the digitization of its processes and procedures.

According to him, “To get the informal sector employees and employers especially the fintech industry, to register with the Fund, the NSITF must utilize digital platforms (Digital onboarding) and tools to simplify the registration process for informal sector employers. This can include online registration portals and mobile(apps) applications that make it easy for employers to register and manage the contributions.”

He suggested “the development of tailored solutions that
address the specific needs and challenges of the fintech industry, which include flexible contribution plans, customized communication, and support services that cater to the unique characteristics of fintech businesses.

“Inclusive Policies and Programs—Implement inclusive policies and programs that encourage the participation of informal sector employers. This can involve providing incentives such as tax breaks, subsidies, or grants to employers who register with the Fund.

“Financial Cooperatives—Promote the formation of financial cooperatives among informal sector employers, mutual support, making it easier for members to comply with the Fund’s requirements.

“Fostering coordination and collaboration between NSITF and other relevant stakeholders such as Sectoral Unions, industry associations, government agencies, and financial institutions. This can help create a supportive ecosystem that encourages registration and compliance.”

He also stated that the ultimate measure of the NSITF’s effectiveness lies in its ability to disburse benefits to eligible beneficiaries in a timely and efficient manner. While affirming that the NSITF has successfully provided compensation to many workers, “cases of delays, bureaucratic red tape, as well as inadequate communication have impeded the process, leading to dissatisfaction. He, however, expressed happiness that the new management of the Fund was already addressing the situation.

Earlier while presenting the keynote address to the gathering, the Managing Director of the NSITF, Oluwaseun Faleye who was represented by the General Manager, Informal Sector Department of the agency, Chika Onyewuchi said the programme synched with the cardinal agenda of the new administration of the Fund to develop peculiar programmes that can break new grounds in the informal sector which hosts the majority of Nigeria’s active work life. She asserted that the bold initiative of the NSITF was in furtherance of its contributions to financial inclusion.

The NSITF boss said that-“By providing safer , more secure environment for agents , ECA 2010 indirectly supports Nigeria’s financial inclusion goals. The protection it offers can encourage more people to become agents in the Fintech and help banking providers expend their reach to the underserved areas in the remote parts of the nation.

“With the ECS, agency banking becomes a more attractive career option, capable of attracting skilled workers, assured that they will be covered in case of work related accidents, injury or health issues. This assists financial institutions draw a stable workforce of competent agents.

According to Nwachukwu Godson, General Manager, Corporate Affairs, in a statement sent to Nationwide Reports, Faleye, while discussing the numerous benefits of the scheme to the industries’ stakeholders, said, “Many banking agents travel frequently to provide services to customers in various locations. The ECS covers commuting accidents, ensuring that agents who experience accidents while travelling to or from their service locations receive compensation and support.

“By enrolling in the ECS agency banking providers can reduce their legal liability related to workplace accidents and illnesses. The scheme allows employers to transfer risk to the NSITF, which handles compensation claims and payouts, thereby saving banks and agents from potential legal battles and associated costs.”

He argued that to mitigate financial vulnerability, low productivity and bridge the gap between the formal and informal sector, the ECS which narrows inequality through social protection must be embraced by all players in the informal sector.

Other stakeholders at the event included the Kano State Chairman of the Nigeria Labour Congress, Anwali Yaksse, General Secretary NUBIFIE, Mohammed Sheik, Chairman of AMBO, Odetunde Lukman and AMON President, Salihu Umar as well as representatives from the Agent Banking and FINTECH including Zenith Bank, Fidelity, ECO, GTB, Moniepoint as well as Point of Sales Operators among others.

A major success was recorded by Nigerian military in the fight against insecurity with troops killing 169 terrorists, 70 of them wiped out in one day

The Nigerian Defence Headquarters which announced this, said that soldiers killed another 169 terrorists in the last one week with more than 70 of then eliminated in one day.

Director of Defence Media Operations (DDMO), Major General Edward Buba, said in a statement on Saturday that the onslaught against terrorists was as a result of joint operations by ground troops of the Nigerian Army and fighter jets of the Nigerian Air Force (NAF).

According to General Buba: “Troops intensify offensive against terrorist and insurgents across the country. Synchronized air strikes by the air force as well as ground operations by ground forces has dislodged terrorist from their enclaves killing several of them.

“For instance, on 6 Nov 24, the air component of Operation HADIN KAI, conducted targeted air strikes on terrorists located at KWALLARAM and ARAINNA CIKI islands in Borno State.

“The strikes resulted in the neutralisation of over 70 extremist members at KWALLARAM, with several more killed at ARAINNA CIKI.

“Meanwhile during the week under review, troops neutralised 169 and arrested 641 persons. Troops also arrested 40 perpetrators of oil theft and rescued 181 kidnapped hostages.

“In the SS, troops denied the oil theft of the estimated sum of One Billion Four Hundred and Two Million Nine Hundred and One Thousand Nine Hundred Naira (N1,402,001,900.00) only”, the spokesman said.

The DDMO went further to give accounts of other successes recorded by the armed forces in the fight against terrorists.

According to him, “troops recovered 192 assorted weapons and 2,970 assorted ammunition. The breakdown as follows: 106 AK47 rifles, 38 fabricated rifles, 26 dane guns, one FN rifle, 3 fabricated revolver pistol, 11 locally made pistols, 5 pump action guns, ome dummy AK47 rifle, one unexploded RPG bomb, 2

“Others are: 1,410 rounds of 7.62mm special ammo, 1,074 rounds of 7.62mm NATO, 67 rounds of 7.62 x 54mm, 130 rounds of 108mm, 101 rounds of 9mm ammo, 146 live cartridges, 2 baofeng radios, 7 vehicles, 29 motorcycles, 40 mobile phones and the sum of N729,000.00 only amongst other items.

“Troops in the Niger Delta area discovered and destroyed 20 crude oil cooking ovens, 2 dugout pits, 42 boats, 7 reservoirs, 5 drums, 50 storage tanks and 83 illegal refining sites.

“Other items recovered include 3 pumping machines, 3 outboard engines, one generator set, one speedboat, 8 motorcycles, 3 mobile phones and 3 vehicles among others. Troops recovered 914,445 litres of stolen crude oil, 537,325 litres of illegally refined AGO and 1,285 litres of PMS.

“On the whole, troops operations has severely depleted the ranks and files. Consequently the terrorist are forced into a desperate recruitment drive on social media, particularly the ISWAP terrorist group. Troops will sustain the offensives to eliminate all threats.”