News
Prof. Mike Ozekhome writes on ‘The Brouhaha about the Trial of Minors’
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.
The Independent Petroleum Marketers Association of Nigeria, IPMAN has disclosed that over 30,000 of its members are set to buy Premium Motor Spirit, popularly called petrol, from the Dangote Petroleum Refinery in bulk.
IPMAN also revealed that the price of petrol from the refinery was N940/litre and N990/litre when purchased using ships and trucks, respectively.
Speaking on Channels Television on Tuesday, IPMAN President, Abubakar Garima, said the pump prices of petrol at its retail outlets will drop following the agreement with the Dangote refinery to lift products directly from the plant.
On Monday, IPMAN agreed with the Dangote refinery to directly lift petrol, diesel, and other petroleum products.
This agreement follows months after the Nigerian National Petroleum Corporation suspended its plan to serve as the sole off-taker of petroleum products from the 650,000 barrels per day refinery.
The IPMAN president explained that the Dangote refinery had been obliged to allow marketers to lift PMS, AGO, and DPK directly for onward supply to their depots and retail outlets but didn’t reveal the price.
Giving an update on pricing during the interview, the IPMAN national officer said the Refinery has provided two different rates for marketers based on their preferences.
He said marketers can load at the gantry at a price of N990 per litre or N940 through vessel transportation.
Garima said, “Presently, we have been given two different arrangments on how to buy fuel from the refinery. There is the one that we can load the vessels and carry to our various depots at the rate of N940 per litre. Then for the depots, it is at the rate of N990 per litre.
“The difference is because we have to load it and carry it to another part of the state. We use vessels to carry these products and there is another one to load from the gantry.
“For Port Harcourt, Warri, Calabar, we have to use vessels because there is no Dangote loading gantry there, we have to carry it to our private depot and discharge and distribute it to our members.”
Borno State Governor, Professor Babagana Umara Zulum, has approved the reinstatement of 23 health workers previously suspended for absence from their duty posts at Gwoza General Hospital.
This decision was announced during the Governor’s inspection of the hospital’s newly renovated maternity and child center, as well as other ongoing projects.
Dauda Iliya, Spokesperson and Special Adviser to the Governor on Media, in a statement Tuesday, said the health workers had initially been suspended after Zulum’s earlier visit, where he found them absent from their duties.
Addressing the staff, Governor Zulum emphasized the importance of dedication to work and assured them of improved working conditions and other incentives.
“Complaints were made about the 23 medical workers who were absent during my last visit,” he noted. “No one is perfect, so the government has pardoned them, although no arrears will be paid.”
In response to a staff shortage raised by the Principal Medical Officer of Gwoza General Hospital, Dr Nuhu Nasiru Wakawa, Governor Zulum directed the immediate deployment of four additional doctors and ten nurses to the facility.
He further announced that Gwoza General Hospital will be upgraded to support training for nursing students from the new school of nursing under construction.
“The Commissioner of Health, together with the Chief Medical Director of the Hospitals Management Board, will work on this deployment,” Zulum added. “We will also recruit community health workers from Gwoza to strengthen local healthcare services.”
In addition to his healthcare initiatives, Governor Zulum inspected the crusher plant base under construction in Pulka, which will produce up to 300 tonnes of stones per hour.
He said the completion of the crushing and asphalt plants is expected to facilitate new road networks across Borno State.
The Governor also visited other development sites, including the 500-unit mass housing project in Wala B, Gwoza Local Government Area, and a proposed site for a high Islamic school in Bama, underscoring his administration’s commitment to infrastructure and educational advancement.
Independent Petroleum Marketers Association of Nigeria has secured an agreement with Dangote Refinery to lift products directly.
IPMAN’s National President, Abubakar Garima, announced this at an ongoing press briefing on Monday in Abuja, following a meeting of the National Working Committee of the Association.
He said the partnership would ensure a steady, affordable supply of PMS products nationwide.
“After meeting with Aliko Dangote and his management team in Lagos, we are pleased to announce that Dangote Refinery has agreed to supply IPMAN with PMS, AGO, and DPK directly for distribution to our depots and retail outlets.”
Garima urged IPMAN members to support Dangote Refinery, citing the benefits of backward integration and its positive impact on Nigeria’s foreign exchange market.
“IPMAN members should rely on Dangote Refinery and Nigerian refineries for white products, creating more job opportunities and supporting President Bola Tinubu’s renewed hope agenda.”
The latest development concludes several months of negotiations between both parties and is expected to increase efficiency, affordability, and economic growth.
The Dangote Refinery, the largest in Africa and Europe, has already commenced the production of petrol, diesel, and aviation fuel, with plans to supply products to over 30,000 IPMAN members and 150,000 retail outlets nationwide.
-
News1 year agoBreaking: Tinubu’s authentic ministerial nominees
-
News1 year ago“Anytime we want to kill terrorists, President would ask us to take permission from France but they were killing our soldiers-” Niger Republic coup leader
-
News1 year ago“I’m leaving the Catholic church because Bishop Onah is oppressing me,” says Okunerere
-
News1 year agoDokpesi and the Gazebo Mystique
-
News1 year agoRadio Nigeria’s veteran broadcaster Kelvin Ugwu dies three months after retirement from service
-
News1 year agoTsunami: Tinubu orders dissolution of managements, boards of MDAs, to sack all Buhari’s political appointees
-
News7 months agoPersons against Allagoa’s reforms behind protests at NSITF
-
News1 year agoLast minutes fever: Nigerian Hunters Service optimistic as Buhari signs five Bills into law