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If wishes were horses, Justice Emmanuel Ayoola would have danced into his 100th birthday with joy and grace. Justice Ayoola, affectionately known as Baba, was more than just a legal luminary; he was a beacon of hope, a mentor, and a man whose presence illuminated every room he entered. He dreamed of celebrating his 100th birthday with the same vigor and grace that defined his life. While he fell just short of that milestone, his legacy continues to inspire everyone who knew him.

Ayoola embodied a life full of vitality and hope, dreaming of milestones that mirrored the vigor he displayed throughout his life. I vividly recall our memorable conversation during a visit to his in-laws in Awe in 2007. As we journeyed back to Ibadan, his eyes sparkled with admiration. He shared, "Folu, did you know that my in-law is 103 years old and still stands tall, reading without glasses?" That moment stayed with me, a testament to his optimism and zest for life.

Two years later, under the lush canopy of trees on his magnificent Ibadan estate, he reflected on life’s beauty, saying, "What a splendid scenery, with birds serenading us! I eagerly look forward to reaching 100 years, just like my in-law. However, my life rests in the hands of the Almighty; man proposes, but God disposes." I responded warmly, "Papa, if that is your heartfelt wish, I stand in prayerful agreement."

Although his wish to celebrate his centenary remained unfulfilled, Baba’s life was a celebration of excellence, grace, and unwavering integrity. Even in his advanced years, Ayoola radiated youthful vigor, appearing as robust as a man in his forties. He rarely visited hospitals throughout his life, save for an asthmatic episode during his tenure as Chairman of the Independent Corrupt Practices and Other Related Offenses Commission (ICPC). Prompt and expert care ensured his swift recovery, a reflection of his remarkable resilience.

Baba’s influence extended far beyond his professional accomplishments. He had an unparalleled ability to elevate those around him. His distinguished demeanor and presence were transformative, inspiring admiration and respect. During my time with him, I experienced the profound power of perception firsthand. Adopting his refined style, I soon found myself mistaken for a judge—a testament to how his grace and stature left a lasting impression on everyone he encountered.

Ayoola’s brilliance transcended borders. He served as the Chief Justice of The Gambia for a decade, sat on the International Court of Justice in Sierra Leone, and led the court for two years. His work took him to The Hague, where he stood shoulder-to-shoulder with some of the world’s most esteemed jurists, showcasing his unparalleled intellect and dedication.

Despite lucrative opportunities abroad, Baba chose to serve Nigeria, tackling corruption as ICPC Chairman with unwavering integrity. His commitment to justice came at a personal sacrifice, but he placed his faith in God’s providence. After his tenure, he became a sought-after arbitrator, earning global recognition. Remarkably, he left behind thousands of unclaimed fees, prioritizing justice over financial gain—a reflection of his selfless character.

Baba’s devotion to his family and faith was unwavering. He often emphasized the importance of investing in one’s children, particularly their education, as the greatest legacy a parent can leave. "A rich education," he would say, "ensures peace and security in old age." True to his words, he poured himself into his children’s success. His love for Jesus Christ was his guiding compass, and he steadfastly resisted pressures to join secret societies, choosing to live a life rooted in God’s Word.

Generosity defined Baba. His philanthropy touched countless lives, including mine and that of my dear friend, Godwin Adama. His daily calls were filled with prayers and wisdom, and his acts of kindness left indelible marks. Just 48 hours before his passing, he expressed a heartfelt desire to see me. Though we never met again, his life remains a blessing to all who knew him.

Ayoola was more than a judge; he was a father, a mentor, and a man whose life exemplified love, integrity, and unwavering faith. His wish to reach 100 may not have been granted, but the grace and joy he brought to the lives of others will forever stand as a testament to a life well lived. May his soul rest in eternal peace, and may his legacy inspire us to live with purpose and grace.

The seduction of unchecked power is an ancient story, a tragic dance that transforms guardians of liberty into despots. History is replete with examples of leaders consumed by their pursuit of control, blinded to the bounds of morality and justice. From Nero’s Rome to Stalin’s Soviet Union, this intoxicating allure has resulted in untold suffering and oppression. In modern Nigeria, this specter rears its head again, with the arrest of prominent lawyer and activist Dele Farotimi—an alarming reminder of the perils of state overreach.

Farotimi, a fearless voice against corruption and injustice, was arrested on allegations of defamation, a charge that the Nigerian Bar Association (NBA) and legal scholars have confirmed is no longer a criminal offense in Lagos State. The Criminal Law of Lagos State 2011 repealed the criminalization of defamation, aligning the state with global best practices that treat it as a civil matter. This progressive reform was affirmed by Nigeria’s Supreme Court in Aviomoh v. Commissioner of Police & Anor (2021), yet Farotimi’s arrest underscores a dangerous trend of disregarding the rule of law for political convenience.

A State in Crisis: The Predator vs. Protector Dilemma
The arrest is symptomatic of a broader malaise—a governance structure in Nigeria riddled with corruption, self-interest, and a predatory state apparatus. Institutions designed to protect citizens increasingly function as instruments of oppression. Sovereignty, when divorced from justice, becomes a tool of exploitation, perpetuating inequality and eroding public trust.

The reported invasion of Farotimi’s law firm by security forces, accompanied by the confiscation of phones and harassment of staff, is a chilling affront to the sanctity of the legal profession and constitutional rights. This act not only violates privacy and dignity but also strikes at the heart of democratic principles. Lawyers are defenders of justice; undermining their independence is a direct assault on the foundations of the rule of law.

The Law vs. the State: A Dangerous Contradiction
Under Nigerian law, the police are authorized to act only in cases involving recognized criminal offenses. Sections 4 and 24 of the Police Act, 2020, explicitly mandate this limitation. Arresting Farotimi for a non-criminal matter such as defamation starkly contravenes these legal standards. It reflects an alarming disregard for legality, fairness, and respect for human rights—principles that are foundational to democracy.

Prominent figures have condemned this action. The former Labour Party Presidential flag bearer, Peter Obi characterized the arrest as a “gross misuse of power” and “a grave assault on the principles of democracy and justice.” The NBA’s president, Afam Osigwe, described the arrest as a “troubling breach of the rule of law” while human rights lawyer Femi Falana labelled it ”blatant and illegal.” Both emphasized the need for accountability, demanding Farotimi’s immediate release and a thorough investigation into the invasion of his law firm.

Unchecked Power: A Slow March to Tyranny
Nigeria’s democratic framework is increasingly strained under the weight of unchecked power. Farotimi’s case highlights a growing tendency to use state apparatus to silence dissent, a hallmark of tyranny. This gradual erosion of democratic norms must alarm not only Nigerians but also the international community, which has long championed Nigeria as a beacon of hope for African democracy.

Unchecked power is a disease that metastasizes in silence, emboldened by apathy and fear. Today it targets a lawyer like Farotimi; tomorrow, it could consume the very structures of freedom upon which the nation depends. The voices of dissent must not be stifled, for they are the lifeblood of a just society.

Call to Action: A Demand for Justice
The Nigerian Bar Association and civil society organizations have unequivocally condemned the arrest and demanded Farotimi’s release. This call must be echoed globally. The international community, particularly democratic nations and human rights watchdogs must hold Nigeria accountable for upholding its own laws and respecting fundamental rights.

The rule of law is not negotiable. It is the bedrock of democracy, the shield against tyranny, and the promise of justice for all. Farotimi’s arrest is not merely a legal issue—it is a test of Nigeria’s commitment to these principles. The world is watching.

Nation at the Crossroads
Nigeria stands at a crossroads. Will it embrace justice and the rule of law, or will it continue down the perilous path of unchecked power? The answer lies not just in the courts but in the collective will of its people and leaders to resist tyranny’s dark shadow.

The arrest of Farotimi is a rallying cry—a reminder that democracy demands vigilance, courage, and an unwavering commitment to justice. The time to act is now before the predator fully eclipses the protector.

 

OpenAI has expanded its artificial intelligence capabilities by releasing Sora, its text-to-video generative AI model, to ChatGPT Plus and Pro users. First introduced in February and previously limited to safety testers, Sora Turbo is now available at no additional cost to premium subscribers.

The Microsoft-backed company aims to compete with similar text-to-video technologies from Meta, Google, and Stability AI. Users can generate videos up to 20 seconds long in 1080p resolution, with options for widescreen, vertical, and square formats.

OpenAI has implemented several safeguards with the launch, including blocking the creation of harmful content such as child sexual abuse materials and sexual deepfakes. The company plans to limit user uploads initially and will refine deepfake mitigation strategies.

Currently, Sora is unavailable in EU countries, Switzerland, and the UK, but remains accessible in other regions where ChatGPT operates. The company is exploring tailored pricing models, with plans to introduce them early next year.

The release of Sora represents a significant milestone in generative AI, highlighting several key trends:

1. Multimodal AI Expansion: OpenAI continues to push beyond text-based interactions, following its success with ChatGPT by venturing into video generation.

2. Competitive Landscape: The launch is clearly a strategic move to compete with other tech giants in the rapidly evolving generative AI space.

3. Ethical Considerations: The emphasis on content moderation and abuse prevention reflects growing concerns about AI's potential misuse, particularly in creating deepfakes.

4. Gradual Rollout Strategy: By initially limiting the feature to premium users and certain regions, OpenAI can carefully manage the technology's introduction and gather valuable user feedback.

5. Monetization Approach: The plan to develop tailored pricing suggests OpenAI is exploring sustainable business models for its advanced AI technologies.

The release of Sora signals a potentially transformative moment in content creation, offering users the ability to generate video content through simple text prompts. However, the technology's long-term impact and potential creative and ethical implications remain to be seen.​​​​​​​​​​​​​​​​

If you ever find yourself in a meeting with Jeff Bezos, don’t expect the Amazon founder to speak up first. Instead, Bezos flips the traditional meeting hierarchy, instructing participants to speak in reverse order of seniority, starting with the most junior person. As one of the senior-most individuals in the room, Bezos usually reserves his comments for the very end. This approach, he explained at The New York Times’ DealBook Summit, helps prevent "group think" and ensures that everyone’s opinions are heard before his own influence can shape the discussion.

Bezos believes this method encourages honest, open dialogue instead of a roomful of people simply agreeing with the boss. He only intervenes during meetings when he has a strong, unwavering opinion on the matter at hand, which, he admitted, is a rare occurrence. "I’m actually very easy to influence," Bezos said, "but a couple percent of the time, no force in the world can move me because I’m so sure of something."

The 64-year-old, who stepped down as Amazon’s CEO in 2021 and now serves as its executive chairman, described his ideal meeting as "messy," meaning a session filled with debate and back-and-forth that often runs past the scheduled time. In fact, Bezos views meetings that run late as a sign of success, as they indicate deep, productive conversations. "Most of the meetings that are useful," he noted, "we hand out six-page memos, we do a half-hour study hall [where] we read them, then we have a messy discussion." Bezos is skeptical if a meeting isn’t messy, as it usually means the discussion isn’t engaging enough.

Revolutionizing Amazon’s Approach to Meetings

In a 2018 speech, Bezos called the shift in Amazon’s meeting culture "probably the smartest thing we ever did." The change began with eliminating PowerPoint presentations and replacing them with detailed, six-page memos, which are distributed ahead of time. Attendees spend 30 minutes reading the memo in silence, ensuring they’re fully prepared for the discussion. Only then does the group share their thoughts before Bezos speaks.

Bezos explained that this reading period provides essential context, ensuring everyone actually reads the material before the meeting. "Executives will bluff their way through meetings as if they’ve read the memo, because we’re busy," he acknowledged. The silent reading time, he said, sets the stage for more focused and thoughtful conversation.

While Bezos appreciates the value of spontaneous, wide-ranging discussions, the memo ensures that the meeting doesn’t lose focus and wander too far off-topic. His girlfriend, Lauren Sanchez, who runs the aerial filming company Black Ops Aviation, told the *Wall Street Journal* that while meetings with Bezos are often meandering, the memos help keep the conversation grounded.

Though Bezos’s meetings may occasionally run late due to the engaging conversations, he typically aims to keep them under an hour, Sanchez added. Research shows that long meetings, whether they’re hour-long marathons or back-to-back short sessions, can increase stress levels and detract from productivity.

Bezos’s approach has gained favor among other tech leaders as well. Jack Dorsey, former CEO of Twitter (now X), also encourages a similar practice, where attendees read notes from a shared Google Doc for 10 minutes before a meeting begins. This practice, Dorsey said in a 2018 tweet, helps align everyone’s understanding, fosters critical thinking, and accelerates decision-making.

The recent appreciation of the Naira in the parallel foreign exchange (FX) market is being attributed to a combination of Central Bank of Nigeria (CBN) interventions, Nigeria’s bond market activities, and other key economic factors, according to analysts.

On Friday, the naira recorded its strongest performance in four months, trading at N1,600 per dollar in the parallel market. This marked a 7.78% improvement from the N1,735/$ exchange rate seen on November 29. This represents a notable recovery from when the naira first crossed the N1,700/$ threshold on September 27. In the weeks following, the naira had fluctuated between N1,670/$ and N1,760/$, reflecting a trend toward greater market transparency and price discovery.

Analysts are optimistic about the naira's future trajectory, with many seeing the currency's recent gains as a sign that the CBN’s foreign exchange policies are taking effect. Charles Abuede, research lead at Cowry Asset Management, highlighted the role of increased crude oil production in boosting Nigeria’s export capacity and foreign exchange inflows, which have helped stabilize the naira. Abuede explained that these inflows have improved liquidity in the FX market, supporting economic activities reliant on dollar availability.

“The recent appreciation of the naira reflects the combined effects of CBN’s monetary interventions and favorable market conditions,” Abuede told TheCable. He emphasized that the rise in oil exports has provided a much-needed cushion for the currency, reducing the pressure it faced earlier in the year.

Muda Yusuf, CEO of the Centre for Private Promotion Enterprise (CPPE), also pointed to the CBN’s strategic interventions in the market, citing the central bank’s sale of FX to Bureau de Change (BDC) operators four times this year to support the naira. Yusuf added that the country’s foreign reserves—now about $40 billion—have improved, aided by increased inflows from international money transfer organizations (IMTOs) and the issuance of both domestic and international bonds. He also cited the successful issuance of a $500 million domestic dollar bond in August and a subsequent $2 billion Eurobond as factors enhancing Nigeria’s FX outlook.

“The outlook for the naira is more positive, with better foreign exchange reserves and improved inflows,” Yusuf said, noting that investor confidence has risen, which also contributes to the currency’s appreciation. He warned, however, that the government's fiscal policy must be carefully managed to avoid undermining these gains.

Looking ahead, Aminu Gwadabe, chairman of the Association of Bureaux De Change Operators of Nigeria (ABCON), forecast that the naira could close the year at N1,500 per dollar. He attributed the naira’s recent strength to increased liquidity from portfolio investors and the positive effects of reforms, such as the transparency in the FX market. Gwadabe also pointed to the rising remittances from IMTOs, which now average around $600 million per month, as another key indicator of market improvement.

Despite these optimistic projections, Gwadabe stressed that a lasting solution for a stronger naira requires greater liquidity at the retail end of the market, where volatility remains prevalent.

Analysis

The recent gains in the naira reflect a combination of short-term factors and longer-term shifts in Nigeria's economic landscape. Key drivers include the CBN’s foreign exchange interventions, increased oil production, and successful bond issuances, which have collectively improved market liquidity and bolstered foreign exchange reserves. The increased inflows from IMTOs and the strong response from portfolio investors further signal growing confidence in the Nigerian economy and its currency.

However, despite the positive outlook, analysts caution that significant risks remain. The most pressing issue is Nigeria's fiscal policy. If the government continues to inject liquidity into the economy unsustainably, these gains could be eroded. Additionally, volatility remains a challenge, especially at the retail end of the FX market, where speculative activity can lead to erratic price movements.

Overall, while the naira's recent performance has sparked optimism, the sustainability of its gains will depend on the continued effectiveness of monetary interventions, fiscal discipline, and the ongoing stabilization of global oil prices. If these factors align, the naira could continue its positive trajectory, potentially reaching N1,500/$ by year-end, as projected by some analysts. However, careful management of economic policies will be critical to avoid setbacks that could undo the progress made.

A group of rebels has overthrown longtime Syrian dictator Bashar Assad, signaling a monumental turning point in the nearly 14-year civil war. 

The takeover, which forced Assad to flee the country, could prompt "remarkable" ripple effects in the Middle East that rival what followed the fall of the Berlin Wall, according to one GOP lawmaker.

"This is so significant. The fall of the Assad dictatorship. The ripple effect of this is just going to be remarkable," Rep. Joe Wilson, R-S.C., said on "Fox Report" Sunday. "It's truly equivalent to the Berlin Wall, which led to a ripple effect of dozens of countries becoming free after 50 years of occupation and totalitarian control."

Bashar al-Assad fled Syria after rebels stormed the capital city of Damascus on Saturday. Assad, whose government used chemical weapons repeatedly on its residents, reportedly fled with his wife and children. 

President Biden said during a Sunday speech that the United States did not have confirmation on Assad's whereabouts, noting that "there's word that he's in Moscow." 

Wilson argued that Israel's success in weakening Iran and its proxies, as well as Ukraine "weakening" Russia led to the developments in Syria. He predicted this will have "dramatic impact on the ability of war criminal Putin to enforce his capabilities."

Israeli Prime Minister Benjamin Netanyahutouted the fall of Assad's regime on Sunday, saying it was a "direct result" of Israel's attacks on Iran and Hezbollah, while noting the situation overall is "fraught with significant dangers."

A coalition of largely radical Islamist groups dislodged Assad’s Iran-backed regime. The U.S.-designated terrorist group Hayat Tahrir al-Sham (HTS), the Islamist former Al-Qaeda affiliate that is part of the rebel forces, played the decisive role in evicting Assad, who inherited his presidency in 2000 following the death of his father, Hafez Assad.

"And finally, we will remain vigilant. Make no mistake, some of the rebel groups that took down Assad have their own grim record of terrorism and human rights abuses. We've taken note of statements by the leaders of these rebel groups in recent days. And they're saying the right things now, but as they take on greater responsibility, we will assess not just their words, but their actions," Biden continued on Sunday.

The president detailed that following Assad's departure in the face of rebel forces, the U.S. will support Syria's neighboring countries – such as Jordan, Lebanon, Iraq and Israel – "should any threat arise from Syria during this period of transition." Biden said this effort will include senior administration officials meeting with world leaders, and the president also speaking directly with leaders in the neighboring nations. 

As questions swirl over how the Middle Easterncountry will be governed following the rebel takeover, Rep. Wilson believed the Syrian people will "be pushing as a diaspora for a free and democratic Syria."

 

Fox News

Monday, 09 December 2024 04:38

Ghana's former president wins election

Ghana's former President John Dramani Mahama has staged a political comeback by winning the West African nation's presidential election after his rival Vice President Mahamudu Bawumia conceded defeat on Sunday.

The result of Ghana's general election is another blow to a ruling party in a region where voters, hit by economic hardship, high inflation and local currency depreciation, have caused upsets as they seek changes in leadership.

Mahama, 66, who served as Ghana's president from 2012 to 2016, framed Bawumia as representing a continuation of the policies that led to Ghana's worst economic crisis in a generation.

The world's second biggest cocoa grower, and major gold-producing nation, reached a deal with the International Monetary Fund last year for a $3 billion bailout after it defaulted on most of its international debt.

"I have, this morning, received a congratulatory call from my brother Bawumia, following my emphatic victory in Saturday’s election. Thank you, Ghana," Mahama said in a post on X social media.

Addressing a press conference from his residence, Bawumia said he called Mahama to congratulate him, adding that Mahama's National Democratic Congress (NDC) also won the parliamentary election.

"The data from our own internal collation of the election results indicate that former President John Dramani Mahama has won the presidential election decisively," Bawumia said, adding that NDC also won the parliamentary election.

Bawumia said he conceded before the official result to ease tensions.

Before his concession, scuffles had been reported in several local constituency centres where results were still arriving from polling stations.

"I am making this concession speech before the official announcement by the Electoral Commission to avoid further tension and preserve the peace of our country," Bawumia said.

"It is important that the world investor community continues to believe in the peaceful and democratic character of Ghana," he added.

Hundreds of NDC supporters took to the streets of the capital Accra on Sunday to celebrate after Bawumia conceded defeat.

Early results had shown Mahama and the NDC party with a commanding lead. Joy News reported that Mahama was leading with over 53% of the vote to Bawumia's 45.16% after provisional results from 68 out of a total 276 constituencies were counted.

In a news conference on Sunday before Bawumia conceded, Sammy Gyamfi, national spokesperson for the NDC, said provisional internally collated results by party agents from 38,896 out of the total 40,976 polling stations showed Mahama was leading with around 56%.

He said the party appeared on track to win around 185 out of 276 seats in Parliament.

 

Reuters

Doctors say Israeli shells hit Gaza hospital, Israel denies strike

Israeli shelling hit a hospital in northern Gaza, wounding several people, damaging equipment and disrupting surgeries, Palestinian health officials said on Sunday, but Israel's military denied carrying out strikes in the area.

Hussam Abu Safiya, director of the Kamal Adwan Hospital in the town of Beit Lahiya - one of only three barely operational on the northern edge of the enclave - said the facility was struck by about 100 tank shells and bombs late on Saturday.

"The situation is extremely dangerous. We have patients in the intensive care unit and others awaiting surgeries. Access to the operating rooms is only possible after restoring electricity and oxygen supply," Abu Safiya said in a statement.

The hospital is currently treating 112 wounded people, including six in the intensive care unit, he said.

Israel's military said it had conducted a review and found that its forces had not struck in the vicinity of the hospital or damaged any of its essential equipment.

"The IDF (Israel Defense Forces) is in continuous coordination with hospital officials to provide humanitarian assistance to the hospital and maintain a consistent liaison," the military said.

The health ministry of Hamas-run Gaza said a doctor was killed with his family in an Israeli airstrike near the hospital on Saturday night.

Residents said the military blew up clusters of houses on Sunday in the northern Gaza areas of Jabalia, Beit Lahiya and Beit Hanoun, where Israeli forces have operated since October.

Later in the day, an Israeli airstrike killed five Palestinians in the heart of Gaza City, taking the number of people killed in separate military strikes across the enclave to 11, medics said.

Palestinians say Israel's operations on the northern edge of the enclave are part of a plan to clear people out through forced evacuations and bombardments to create a buffer zone. The Israeli military denies this, saying it is fighting Hamas.

The war in Gaza has been raging for over 14 months, with much of the enclave laid to waste and more than 44,000 Palestinians killed, according to Gaza health authorities, as Israeli forces continue their drive to wipe out Hamas and rescue hostages taken by the militant group.

The deadliest Israeli-Palestinian violence in decades began when Hamas stormed into Israel on Oct. 7, 2023, killing 1,200 people and taking more than 250 hostages back to Gaza.

WESTERN PERSPECTIVE

Kremlin, on Trump call for Ukraine peace talks, says Moscow is open to negotiations on certain terms

The Kremlin said on Sunday that Russia was open to talks on Ukraine after U.S. President-elect Donald Trump called for "an immediate ceasefire and negotiations".

Kremlin spokesman Dmitry Peskov said peace negotiations had to be based on agreements reached in Istanbul in 2022 and on the current battlefield realities.

Peskov noted that Ukraine has banned contacts with the Russian leadership through a special decree which he said would have to be revoked if talks were to proceed.

"Our position on Ukraine is well known; the conditions for an immediate stop of hostilities were set out by President Putin in his speech to the Russian Foreign Ministry in June of this year. It is important to recall that it was Ukraine that refused and continues to refuse negotiations," Peskov said.

 

RUSSIAN PERSPECTIVE

Zelensky rejects Trump’s call for peace

Ukrainian leader Vladimir Zelensky has rejected a call by US President-elect Donald Trump for an immediate truce and peace talks between Ukraine and Russia.

Following a meeting between Trump, Zelensky, and French President Emmanuel Macron in Paris on Saturday, the US president-elect issued a lengthy post on his Truth Social platform saying, “there should be an immediate ceasefire and negotiations should begin” to settle the Ukraine conflict. According to Trump, Ukraine “would like to make a deal and stop the madness.”

However, Zelensky made it clear that this is not the case, in a post published on X on Sunday, in which he said the conflict “cannot simply end with a piece of paper and a few signatures.”

“A ceasefire without guarantees can be reignited at any moment... To ensure that Ukrainians no longer suffer losses, we must guarantee the reliability of peace and not turn a blind eye to occupation,” the Ukrainian leader stated.

He stressed that “in the occupied territories of Ukraine, at least several million people remain”, once again ruling out the possibility of Kiev making any territorial concessions to Moscow in exchange for peace.

”It is precisely such peace through strength that we discuss with all our partners, as well as the steps and guarantees needed for the people and the state attacked by Russia,” Zelensky said.

Trump has repeatedly claimed that he could end the Ukraine conflict within a day of returning to the White House, and has criticized the outgoing US administration for spending too much on arming Kiev. According to earlier media reports, he may try to enforce a freeze of the conflict along the current battle lines, using US aid to Kiev as leverage.

Moscow has repeatedly said it considers a freeze of the conflict unacceptable. It has insisted that any settlement is only possible if Ukraine withdraws its forces from Russian territory, including the former Ukrainian regions, ensures the rights of its Russian-speaking population and adheres to neutrality.

 

Reuters/RT

Paul Anyebe was a judge of the High Court of Benue State in north-central Nigeria who had a young son with sticky fingers and a sense of adventure. It was his role as a dad that endangered his job as a judge.

One night around 1983, Anyebe caught his son attempting to steal from his bedroom. In response, Anyebe pulled his gun in an effort to scare the boy. The gun went off, discharging a bullet which hit and seriously injured the boy. The Attorney-General of Benue State decided to prosecute Anyebe for attempted murder. The Penal Code applicable in Benue State at the time had ample provisions for the crime of attempted murder.

The Attorney-General also added a charge of illegal possession of firearms, a federal offence. Unlike the crime of attempted murder, which was a state crime in Benue State, all firearms offences are federal. The Attorney-General of Benue was well within his powers to prosecute for attempted murder but only the Attorney-General of the Federation could prosecute or authorize prosecution for federal offences.

At the conclusion of the trial, the High Court of Benue State discharged Anyebe on the charge of attempted murder, a state offence, but convicted him on the charge of illegal possession of firearms (a federal offence) for which it sentenced him to three years in prison. The Court of Appeal reduced this sentence to six months in prison or a fine of one hundred Naira. Following this decision and while his appeal was yet to be heard by the Supreme Court, Anyebe was dismissed as a judge.

When the Supreme Court decided Anyebe’s appeal in January 1986, Dahunsi Olugbemi Coker, a Justice of the court, summed up the issue for decision in one sentence: “The short point is whether a State Attorney-General can prosecute an offence created by an Act of the National Assembly.” To this question, the court unanimously responded in the negative. They nullified Anyebe’s trial and ordered the fine paid  – one hundred Naira – refunded to him. The Court of Appeal ordered his reinstatement with full benefits.

Adolphus Godwin Karibi-Whyte, one of the justices who decided Anyebe’s appeal at the Supreme Court, said of what the case decided that ”the Attorney-General of a State has no general authority to exercise the powers of the Attorney-General of the Federation to prosecute in respect of Federal offences.”

One effect of this decision is to preclude the prosecution of federal crimes before state courts. A Magistrates Court is a state court. It does not have jurisdiction over federal crimes.

38 years after the Supreme Court of Nigeria established this principle in Anyebe’s case, the Nigeria Police Force (NPF) on 4 December arraigned lawyer and writer, Dele Farotimi, before a Magistrate in Ekiti State on 16 counts of crimes under the Criminal Code Act, a federal legislation.

Three years ago, Ekiti State enacted into law the Criminal Law of Ekiti State, no. 12 of 2021, which repealed and replaced the state’s pre-existing Criminal Code Law of 2012. Comprising nine parts, 429 sections and 140 pages, Ekiti State’s Criminal Law of 2021 does not include the crime Criminal libel or defamation. Section 70 of the law contains a crime of causing disaffection or breach of the peace through offensive publication but that is a simple offence punishable by six months in prison. It is not in issue in this case.

Last week, on 3 December, operatives of the NPF heisted Dele Farotimi from his residence in Lagos State, where the crime of criminal defamation is similarly unknown to law. They raced him across state lines to Ekiti where they detained him. The following morning, on 4 December, the police arraigned Dele before a Magistrate in the state capital.

This is important because the gist of the charges purportedly preferred against Farotimi before the Magistrate in Ekiti is precisely criminal defamation which is not a crime in Ekiti State.

It seemed quite clear that the charges presented by the police did not disclose a crime known to the laws of Ekiti State nor did they disclose a crime over which a Magistrate in Ekiti State could purport to exercise lawful jurisdiction. Despite the evident absence of jurisdiction on multiple fronts, the Magistrate proceeded with undue haste to order the remand of Farotimi in prison custody for one week until 10 December. The Magistrate probably did not realise that 10 December is International Human Rights Day.

Even if the Magistrate had jurisdiction, which he did not, the crime alleged was punishable with two years in prison. Under section 4(5) of the Criminal Law of Ekiti State, this is classed as a “misdemeanor” at best, that is to say “an offence punishable by imprisonment for not less than six months, but less than three years.” These are bailable on liberal terms. Offences punishable by more than three years in prison are called “felonies”. Those are regarded as serious offences. The order of remand in this case seemed wilful with a whiff of the pre-determined about it.

The United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power has a name for what happens when a court orders prison remand for a crime which does not exist in law and in proceedings over which it lacks powers. It is called “criminal abuse of power.”

Many people claiming to be senior lawyers have invited Farotimi to have his day in court where he can prove the allegations the subject of these charges or face the consequences. This is clearly designed to make all this seem like an invocation of law. It isn’t.

First, Farotimi can only do so before a court of competent jurisdiction. A Magistrate claiming to sit over a crime that does not exist in the state is not such a court.

Second, the burden in criminal proceedings is on the state to prove that the accused is guilty. So, criminal proceedings in Ekiti or anywhere cannot possibly be the forum for Farotimi to prove the truth of his claims. Anyone who makes that assertion is either wilfully jejune or must concede that the only opportunity to put that to test has to be in civil proceedings.

Third, insisting on the kind of proceedings now going on in Ekiti state without any sense of irony only reinforces the kinds of claims that Farotimi makes in his best-selling book about supposedly legal and judicial processes which seem to occur in the pockets of human principalities given to playing god. A lot of things may yet happen in those kinds of proceedings but it does not look like law will be one of them.

Moreover, in 2021, the Supreme Court of Nigeria – no less –  condemned as “vexatious and oppressive” and “dangerously rampant”, the “misuse of the criminal law machinery for getting reliefs in disputes that are civil in nature, by using the instruments of State.” The court also required that “a complainant who initiates a prosecution with the knowledge that criminal proceedings are unwarranted and the remedy lies in the civil law, should be made accountable in law for pursuing misconceived criminal proceedings.”

In that same case in 2021, the Supreme Court described the crime of criminal defamation as “an innovation in Star Chamber”, a reference to a notoriously arbitrary and captured judicial forum dating back to late mediaeval England. It was not a judicial endearment.

Farotimi himself was perspicacious about the events as they have so far unfolded. Shortly before he was taken from Lagos, he warned: “Abducting me to be tried in Ekiti State is not justice but a witch-hunt.”

Somewhere in Ekiti State on International Human Rights Day 2024, the very rights consecrated by the Universal Declaration of Human Rights will face the Guillotine with Farotimi strung up as the sacrifice. Those who think this vindication may yet live to rue their affliction with terminal hubris.

** A professor of law, Odinkalu can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it.

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