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Court bans Customs from open markets, highways, restricts Service to land borders

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The Court of appeal in Kaduna has ruled that the Nigeria Customs Service (NCS) should not impound foreign rice in the open market or on highways.

In a judgment delivered recently by a three-member panel of justices led by Ntong Ntong held that existing laws restrict NCS’ enforcement to land borders only.

The judgment was delivered in an appeal filed by the NCS, against a decision of the federal high court that acquitted one Suleiman Mohammed, a businessman, of charges related to the importation of rice.

Customs had arrested Mohammed after seizing a truck carrying 613 bags of foreign rice and 80 bags of millet belonging to the businessman on June 14, 2019, along the Kaduna-Zaria expressway.

Mohammed was charged and arraigned on a two-count charge.

However, in a judgment delivered on November 10, 2021, Z. B. Abubakar, trial judge, acquitted the defendants of the charges.

Abubakar held that the plaintiffs (customs) failed to adduce enough evidence to prove that the defendant imported the goods.

The judge also held that there is no subsisting blanket ban on the importation of foreign rice as claimed by the plaintiffs.

“…the evidence led by the prosecution through PW1, PW2, PW3 and the Exhibits tendered has not established that the Defendant imported Exhibit ‘NCS B1-B612’. Even the investigation conducted by the complainant (Nigeria Customs Service Board) on Exhibit ‘NCS B1-B612,” the judge held.

“As a matter of fact, Exhibit ‘NCS D’ could not reveal who imported the said Exhibits or where they imported from.

“It should be borne in mind that importation of foreign rice is not absolutely or totally prohibited. It is only importation of the product through the land borders of this country that was proscribed by the Federal Government vide Circular No. NCS/TXT/1XE/045/S.416/VOL.1X of 18th March, 2016. The circular provided that foreign rice only be imported into the country through seaports.”

The trial judge held that the prosecution failed to show that the goods were imported through land borders, adding that “the said exhibits could have been imported through the seaport, and the court is entitled to presume so”.

Furthermore, the lower court held that “loading any foreign rice into a truck is not an offence under both Sections 46(b) and 47(1) (a) (ii) of Customs and Excise Management Act (CEMA) (Supra)”.

“It is the landing or unloading of goods or foreign rice at designated customs port CA/K/33/C/2022 or wharf that is prohibited by the aforementioned provisions of the Act,” the judge ruled.

However, the appellate court commended the trial court judge for “doing justice in the evaluation of the law and evidence adduced before it”.

Ntong said he agreed with the arguments put forward by the respondent’s lawyer and the judgment of the trial court.

“Truly, I also agree with the learned trial judge, that Kaduna-Zaria expressway is not a “Land border” as stipulated by the law and Exhibit “NCS D,” the justice held.

“Importation of foreign rice in any wise is not generally prohibited. It is restricted to land borders alone.

“If I were in the shoes of the appellant (NCS), I would have honourably thrown in the towel as this appeal is simply a hoax, a fluke and unmeritorious whatsoever.

“From the evidence in the Record of Appeal, the Respondent was merely a purchaser for value and not an importer. The Appellant ought to have arrested the importer and not a mere purchaser from open market with a receipt of purchase Exhibit NCS D.

“How can a fowl leave to attack who killed it to pursue who is de-feathering it? This is an Annang-African Idiom that means the Appellant ought not to shut its eyes away from the importer and be chasing petty traders and consumers who buy from the open market. After all prohibited or contraband goods always pass through the borders which are the beats of the Appellant.”

Consequently, the court dismissed the appeal in favour of the respondents.

The court further ordered customs to return all the goods seized from the businessman in 2019 or pay him the money equivalent.

“Consequently, the Appellant is hereby ordered to release or cause the release of the 613 bags of foreign rice, 80 bags of millet, Exhibit “C” and DAF truck with Registration Number: 57 BS 45 impounded and confiscated from the Respondent on 14th June, 2019 to the said Respondent Suleiman Mohammed or his representative forthwith,” the judge ruled.

“Where it has become difficult or impossible to return the items aforesaid, the Appellant shall pay to the Respondent a sum of money equivalent to the current price or cost of the items aforementioned.”

 

 

 

 

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Fubara to commission 10 completed projects

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Rivers State Government will from Monday, August 17, begin the commissioning of 10 major people-oriented projects across the state as part of efforts by Governor Siminalayi Fubara’s administration to deepen development at the grassroots.

The commissioning programme, which will run through August 31, will cover projects across several local government areas, include roads, bridges, healthcare facilities, educational infrastructure and other public facilities.

The Secretary to the Rivers State Government, Dr Dagogo Wokoma, disclosed this on Friday during a media briefing in Port Harcourt.

According to Dr Wokoma, the projects are tangible evidence of the Governor’s commitment to transforming communities and addressing the developmental needs of residents across the state.

A statement by Juliana Masi, Head, Information and Public Relations Unit, office of the Secretary to the State Government, said that Dr. Wokoma disclosed that the commissioning will commence on August 17 with the Buguma-Degema-Abonnema Road, which links communities in Asari-Toru, Degema and Akuku-Toru Local Government Areas.

The Egwi-Afara-Mba Road in Etche Local Government Area will be commissioned on August 18, followed by the Capt. Elechi Amadi Polytechnic’s Entrepreneurship Centre/Engineering Faculty Building on August 19.

The statement which was shared by  Onwuka Nzechi, Chief Press Secretary to the River State Governor also stated that on August 20, the Governor will commission the Elele-Egbeda-Omoku Dual Carriage Way in Ikwerre/Emohua/Onelga Local Government Areas, while the Omoku Zonal Hospital, Omoku in ONELGA, will be commissioned on August 21st.

The commissioning programme will resume on August 24 with the Omademe Internal Roads in Ikwerre LGA and attention will shift to Port Harcourt LGA on August 25 for the Commissioning of the New Runway at the Air Force Base, Rumuola.

On August 26, attention will shift to Emuoha LGA for the commissing of the Agba Ndele Road and Bridge while two major health facilities — the Neuro Psychiatric Hospital and New General Hospital, Rumuigbo, both in Obio/Akpor — are scheduled for commissioning on August 27.

The 10-day programme will end on August 28 with the commissioning of the Bonny National Grammar School in Bonny Local Government Area.

Dr. Wokoma said the projects reflected the administration’s determination to ensure that government policies and programmes affect citizens positively.

“These projects scheduled for commissioning are tangible evidence of His Excellency’s unwavering dedication to transform our communities and address the developmental needs of our people,” he said.

He added that the projects underscored the administration’s commitment to ensuring that governance produced “meaningful and measurable benefits for every citizen across the 23 Local Government Areas of the State.”

The SSG also acknowledged the contributions of government officials, contractors, host communities and other stakeholders to the completion of the projects as he urged Rivers people to participate in the commissioning activities and continue to support the administration in its pursuit of peace and development.

“We invite all Rivers people to join in celebrating these milestones and to continue supporting the administration of Governor Siminalayi Fubara as it advances peace, development, progress, and prosperity,” Dr Wokoma said.

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2027: Full text of what NHRC boss Tony Ojukwu said concerning rising incidences of hate speech, intimidation and threat to life

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I welcome you to this press conference convened by the National Human Rights Commission (NHRC) at a critical moment in our national life.

As Nigeria prepares for the 2027 General Elections, the Commission considers it necessary to draw public attention to the growing use of hateful, intimidating, intolerant, denigrating, violence, inflammatory and divisive rhetoric and its potential consequences for human rights, peaceful coexistence and democratic participation.
The NHRC, as Nigeria’s independent National Human Rights Institution with a mandate to promote, protect and monitor human rights, has a responsibility to speak whenever public discourse threatens peaceful coexistence, human dignity, equality, peace and the enjoyment of fundamental rights and freedoms.

1. WHY WE ARE HERE
In recent weeks, the Commission has had cause to express concern over statements attributed to certain public figures, including Sheikh Sani Yahaya Jingir and Senator Francis Fadahunsi, which, in the assessment of the Commission, have crossed the red line for decency, have the potential to denigrate individuals or groups, deepen social divisions and heighten tensions and instigate violence.
The Commission reiterates that freedom of expression is a fundamental human right. However, freedom of expression carries responsibilities. It does not provide a licence to incite violence, promote hatred, dehumanise others or deliberately provoke hostility against persons or communities.
Our intervention today is therefore not directed at any political party, religious group, ethnic community or individual. It is a human rights intervention aimed at protecting the dignity and equal worth of every person and preserving the conditions necessary for peaceful, credible and inclusive elections.

 

2. HATE SPEECH AND DIVISIVE RHETORIC: A HUMAN RIGHTS CONCERN
Hate speech should not be dismissed as mere political rhetoric or provocative language.
When public discourse portrays individuals or communities as enemies, inferior, dangerous or undeserving of rights and protection, it can contribute to discrimination, exclusion, intimidation and violence.
The consequences may include:
• Erosion of human dignity and equality;
• Incitement and escalation of violence;
• Discrimination against individuals and communities;
• Restrictions on meaningful political participation;
• Intimidation of voters and political opponents;
• Deepening of ethnic, religious and regional divisions; and
• Undermining of public confidence in democratic institutions.
These concerns are firmly rooted in Nigeria’s constitutional and international human rights obligations, including the protection of human dignity, equality, freedom of expression and peaceful participation in public affairs.
The appropriate response, however, must always be grounded in law, due process and respect for fundamental rights.
3. LESSONS FROM HISTORY
History has demonstrated that sustained denigrating, dehumanising and inflammatory rhetoric can create an environment in which discrimination and violence become increasingly acceptable.
The experience of the 1994 genocide against the Tutsi in Rwanda remains one of the world’s most painful reminders of the destructive power of propaganda, denigration, dehumanisation and incitement.
Nigeria is not Rwanda, but the Commission suggests that the situation if unchecked could escalate circumstances into uncontrolled violence and chaos. God forbid. Nevertheless, the lesson is universal: societies must not wait until inflammatory rhetoric translates into violence before taking preventive action.
Prevention is a fundamental human rights obligation and the government has the primary responsibility under both national and international law to prevent violence and protect the people.
We must therefore identify and address dangerous narratives early, strengthen responsible public communication and ensure that those who cross the boundaries established by law are held accountable through lawful processes.

4. THE STAKES FOR THE 2027 GENERAL ELECTIONS
Elections should provide citizens with an opportunity to freely determine their political future.
The 2027 General Elections must therefore be contests of ideas, policies, programmes, competence and service—not contests defined by hatred, ethnic hostility or religious antagonism.
Unchecked divisive rhetoric can contribute to:
1. Political violence through attacks, intimidation and threats against opponents and voters;
2. Communal tensions by exploiting ethnic, religious and regional identities;
3. Displacement and insecurity where communities feel threatened or targeted;
4. Suppression of civic participation where citizens become afraid to speak, assemble or come out to vote freely;
5. Erosion of democratic institutions and public trust; and
6. Long-term social fragmentation that may persist long after an election has ended.
The protection of human rights and the prevention of election-related violence must therefore be regarded as complementary objectives.
5. THE POSITION OF THE NATIONAL HUMAN RIGHTS COMMISSION
The NHRC unequivocally condemns hate speech, incitement to violence, intimidation, or dehumanising rhetoric and all forms of communication that threaten the dignity, security and rights of individuals or communities.
Accordingly, the Commission:
First, calls on all public officials, political actors, candidates and aspirants to exercise the highest level of responsibility in their public statements and political communication.
Second, urges political parties to call their party faithfuls to order and strengthen internal mechanisms for preventing and sanctioning intimidating and inflammatory rhetoric and to promote issue-based campaigns that respect rights.
Third, calls on religious, traditional and community leaders to use their considerable influence to promote peace, tolerance, mutual respect and peaceful coexistence rather to promote hate and violence and disunity.
Fourth, urges law enforcement and other relevant institutions to respond appropriately to credible cases of incitement, intimidation, threats and unlawful conduct, in accordance with the Constitution and applicable laws, while respecting due process and fundamental rights.
Fifth, calls on the media to uphold professional and ethical standards in reporting intimidating and inflammatory statements. Responsible journalism requires that potentially harmful content is not amplified without context, verification and appropriate public-interest considerations.
Sixth, calls on social media users and digital platforms to exercise responsibility in the creation and dissemination of content. Nigerians should verify information before sharing content capable of provoking hatred, hostility or violence.
Seventh, encourages citizens who experience or witness human rights violations to report them through appropriate lawful channels, including the National Human Rights Commission.
6. A CALL FOR RESPONSIBLE LEADERSHIP
The responsibility for preventing election-related violence does not rest with government or security institutions alone. Every Nigerian has a role to play.
To our political leaders, we say: compete on ideas, programmes, competence and your record of service—not on hatred or division.
To our religious and traditional leaders, we say: use your platforms to build bridges, promote tolerance and protect the dignity of every Nigerian.
To the media, we say: inform the public without becoming an amplifier of hatred or incitement.
To young Nigerians, particularly those who constitute a significant part of our online population, we say: do not allow yourselves to be used as instruments for spreading inflammatory content or misinformation.
And to all Nigerians, we say: our ethnic, religious and cultural diversity is not a weakness. It is part of the richness of our national identity.
7. THE WAY FORWARD
The NHRC will continue to monitor developments, document human rights concerns, engage relevant stakeholders and use its statutory powers to promote and protect human rights throughout the electoral cycle.
The Commission will also continue to advocate for a human rights-based approach to elections—one that places the dignity, safety, equality and participation of every Nigerian at the centre of the democratic process.
We must act before rhetoric becomes violence.
We must promote dialogue before division becomes conflict.
And we must protect human dignity before violations become irreversible.
8. CONCLUSION
Distinguished Ladies and Gentlemen,
The forth coming elections should be an opportunity to strengthen our democracy, not a trigger for division.
Nigeria has faced difficult moments before, and we have repeatedly demonstrated the capacity to overcome our differences. What we need now is responsible leadership, responsible communication and a renewed commitment to the fundamental principle that every Nigerian is entitled to dignity, equality and protection under the law.
The National Human Rights Commission will not remain silent when human dignity and fundamental rights are threatened.
We call on all stakeholders to join us in building an electoral environment in which disagreement does not become hatred, political competition does not become violence, and diversity does not become a justification for discrimination.
Let us disagree without dehumanising one another.
Let us compete without destroying one another.
Let us campaign without inciting one another.
And let us protect the Nigeria we all share.
I thank you for your attention.
I am now ready to take your questions.

*Chief Tony Ojukwu, OFR, SAN*
*Executive Secretary/CEO*
*National Human Rights Commission*
*President Network of National Human Rights Institutions*
*in West Africa*

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Breaking: Court of Appeal rules in favour of Turaki -led PDP candidate for Osun governorship election

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The Court of Appeal, Abuja Division, on Thursday, ruled that the Peoples Democratic Party, PDP Gubernatorial Candidate in Osun State was validly nominated by the Tanimu Turaki-led National Working Committee.

The court also ordered INEC to list the PDP logo on the ballot ahead of Saturday’s gubernatorial election.

The Court held that access code is neither a creation of the Constitution nor the Electoral Act; rather, a creation of INEC’s guidelines and cannot, in any way, override the provisions of the Constitution.

Section 288 of the Constitution does not specify the method for nominating candidates; it only states that the names of candidates should be forwarded to the Commission.

The court further held that the defendant (INEC) should take steps to include the name of the appellant on the ballot paper.

Additionally, the court ruled that the primary election conducted by the Tanimu Turaki-led National Working Committee (NWC) of the PDP was a valid primary election in law.

The three-man panel of justices—Justice Mahmud, Justice Jaro, and Justice Ankawere, was unanimous in its judgment.

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