CHILD NOT BRIDE

      I’m sure I speak for a lot of Nigerians when I say I really don’t know where we are going in this country and by now you should know that this is about the marriage age that the Senate recently approved

   Nigeria as it is has just about enough issues to deal with without bringing up paedophilia. We have been independent for more than 50 years and are pumping millions into celebrating a centenary anniversary in a few months and we do not have stable electricity, education is hanging by the thread of a thread, employment is terrible, security-no! Infrastructural development-No! Health-no! but those we have voted to use their heads and lead us have decided to use this privilege to feed their ungodly thirst by approving the amendment of a law to make brides out of our little girls

   And of course, they have a reason. Why not use Islam to back it up. This is Nigeria and here there are many religions practiced with each having the right to do so without imposing its doctrines on the believers of others religions. Therefore, it is improper and unconstitutional for this to be imposed on the over 140 million people in this nation. Even Islam is not a good enough excuse for this. Aren’t there Muslim women anymore? Have they suddenly become extinct or completely undesirable?   Or is there a new desire for the youth and the dreams and the futures of little girls that we do not know about. The Senators backing this obviously have a type and I daresay they should be ashamed to have taken part in the destruction of such young and promising lives. They are never there when the repercussions set in. They dump these girls and move on to younger, fresher prey leaving the young child battling for her life with little odds. 

   Don’t we have enough issues on child rape to fill our desks and minds and now we want to say to paedophiles that its ok to rape children as long as they plan to marry them afterwards. Everyday there is a heart wrenching story about how a young child was raped by a beast on two legs  and yet absolutely nothing is done about this, yet we want to enhance this by putting a signature  to child marriage. It is petrifying to think what Nigeria will become of this is allowed to go through.

The assent of this law will destroy all the work put in by numerous NGOs to prevent child marriages in the north. We were fighting VVF in the North and now we want to legalise the very thing we fought against. If young girls have to run from the tents of religion; will they also be forced to run from the law. If the law cannot protect Nigerians then we are indeed going nowhere. How can we have fought so hard to gain our freedom on to prevent our children from enjoying the same! Where are all those who shoud lend their voices to this? Mothers, Fathers, Activists, Lawyers, Doctors, President! This is not something that affects just one faction of the nation; if this is to become law then all our daughters, sisters, nieces, granddaughters, cousins will beprey to such. We should not be deceived into thinking that only Northerner would be subject. Things like this go around. We cannot let our kids be defiled while we sit and stare.

   Now more than ever, we need to rally round and raise our voices. We need to speak as loud as we can and ensure that we are heard. We cannot sit back and let everything be taken from us. Women cannot suffer in labour only for some rich and twisted man to come and take away our daughters to warm their beds. Let thus also be a lesson to us that the next time we vote for our leaders to take it as a task to ensure that they wouldn’t make laws to strike us where we stand. There is no one to wait for to speak for us. Our only saviour is our ability to use our voices to resist. I choose to use mine. I choose to fight this evil that these priority-devoid Senators have set in motion! I am Nigeria and I am against Child marriage! 

                                                        

                                                        ERIN SILVER

       

BAN ON THE USE OF MOTORCYCLE IN EDO STATE: A RASH DECISION?

BAN ON THE USE OF MOTORCYCLE IN EDO STATE: A RASH DECISION?

            “To be a poor man is hard, but to be a poor man in the land of dollars is the very bottom of hardships” W.E.B. Dubois. Sadly, the harsh economic conditions which forced Dubois to utter such lamentations at a time when being black in America was a crime has gradually  began to outplay itself in the 21^st century Nigeria! This time, it is a crime to be poor in Nigeria.

                The recent ban on commercial and private motorcycle operators in some parts of Edo states on the 17^th June 2013 by the Comrade Governor; Adams Aliyu Oshiomhole, could best be described as an act of misguided zeal. No need reminding us that motorcycles (okadas) have served as a useful means of transportation within the unassailable valleys called roads in the country in arriving at our destination. On what basis was the ban issued? According to the government, the recent spate of crimes and accidents in the state is attributable to the okada riders and as such the imposition of the ban would help reduce the tidal crime rate. In arriving at this decision, we can only wonder if fair hearing as provided by virtue of Section 36 CFRN 1999 was granted to the representatives of the okada union. The sections provides that in the determination of the whole right and obligation of any person, such persons should be entitled to fair hearing. As Jean J. Rousseau once stated; “Just as an architect who puts up a good building, first surveys and test the ground to see if it can bear the weight, so the wise law giver begins not by laying down good laws in themselves but by finding out whether the people whom the laws are intended are able to support them.” Certainly, this proposition is utopian to the Nigerian society. Some persons would want to argue that the state governor in arriving at his decision acted administratively, but we should bear in mind that when a public body acts administratively, he is expected to act reasonably to reach a decision. To the government, it is a right step to call the shots of crime, but this is rapidly the beginning of an explosive incursion or volley of crime in the state.

                 It has also been bruited too that the ban was also for security reasons owing to the alleged infiltration of the dreaded Islamic sect “Boko Haram” into the state. Is there anything reasonable in what the state governor has done? The immense price of hardship and penury amongst the people of the state will raise the ante if the governor’s meteoric and rash decision is not checked. John Locke had aptly declared “Salus populi Suprema lex” which means “Let the welfare of the people be the supreme law.” Oddly, the welfare of the people means no sausage than just lip service to the government. In Nigeria where majority of the populace grapple to live on bread line, okada riding is seen as a lucrative job. The governor’s rash decisions is an indirect guideline to increase the membership and make rookies of the Edo state branch of THE JOBLESS ONES SOCIETY OF NIGERIA (JOS) and the RESERVED ARMY OF THE UNEMPLOYED (R.A.U).

                     It is remarkably ironic that the state governor who instigated this embargo was the same person who said “where the poverty of the people of the state becomes so high and unassuming, it then becomes a security threat to the riches of the few.” The government gave a few days’ notice before the ban of the use of motorcycles, but it would not have been out of place if say three or six months’ notice was given to that effect. THE LEGAL WATCHMEN is saying that the government may have other axes to grind as regards the ban of motorcycle operators but revealing provisions and pro-active measures should be put in place to cushion the effect on the commercial motorcyclist.

                 The Edo state government cannot be blamed for its action. Certainly, they don’t know how the motorcycle has eased our heavy loads. Those in the corridors of power drive in exotic cars when they are not flying in exquisite jets, and even when they do; they don’t get snarled up in traffic. The bleak impact of this ban is that a journey of twenty minutes on a motorcycle would now take hours to hot foot it. People now have to wake up as early as 4am to start preparation for work so as not to be derelict in their duty.

                 The welfare of the people should be of paramount interest to any government. As Section 16 (1) (b) CRFN 1999 enunciates that “the state shall control the nation’s economy in such manner as to secure the maximum welfare, freedom and happiness of every citizen on the basis of social justice and equality of status and opportunity.” It is apparent that the actions of some state governors should be checked. They should be made to understand that Section 14 (2) (b) CFRN 1999 provides that “the security and welfare of the people shall be the primary purpose of government.”

                  The governor of Edo state must take into cognisance that for every decision taken is for a definitive purpose that will occasion a positive change or instigate negativity. The governor should note the dictum of Gen. Ibrahim Babangida that “History may forgive you for not making decisions but will certainly not forgive you for making a wrong decision that shall end the destiny and future of my people.” 

SMILING: A NEBULIZER

                  SMILING: A NEBULIZER

                Seeing an asthmatic patient go haywire, gasping for air, trying to close up the big divide between life and death, grass-cutting his way out of this newly found catch-22 to no avail, until a golden penny is dropped into the slot of this malady, he/she dances on the pages of wriggling. What a shame that it is only a small nebulizer that will grind to a halt this series of unadventurous escapades. So too is the spirit of smiling.

Smiling is the only medicine that does not have a bitter taste, is less expensive, needs no prescription and is more effective. Sadly however, that people have become immune to this ‘contaminant’. I met a young man one day and I told him to his face; “….I cannot successfully walk with you because you don’t smile …..” if you are that cookie of persons that frowns all the time, as the idiomatic expression couches it ‘as rosy as the American pie’, I think it is high time you lend colour from the Americans. Your cosmetic outlook is not complete without wearing a smile. Before you leave your dressing room, look at the mirror properly to see that that underrated part of dressing ethics is adjusted.

Squeezing your face is a pictorial portrait of a sicklier or a dead man. The more you squeeze the more wrinkles crinkles into your face. If you can smile, you can laugh. Even the Holy Writ attests to my clam that even God smiles; “He that sitteth in the heavens shall laugh…’’ Psalm 2 vs 4.  If God the creator can smile, how much more we his creatures. Smiling is a principal factor in everything because it adds to your face value. If you don’t smile you are devalued, depreciative and out-of-date.

Smiling is affective. It is a throw from a take-off spot that elevates to another which results in a hit back. Witches and wizards in their covens laugh upon a successful diabolical inroad of plans. Even animals like hyenas laugh. Some people claim that simians [apes, monkeys etc.] are ugly animals but it is even more surprising that they laugh better and free themselves from all burdens within their fauna than some human beings who claim to be rational beings. Every person you see may be fighting a hard battle, that notwithstanding, will frowning and anguishing over your agony remedy your predicaments? If yes, then frown your way to a bottomless “Frowning land” and acclimatize yourself with the citizens of “frowners”. What will it actually take away from you if you submerge your problems upon rumination in the pools of smile? In spite of you being angry, sad, downcast, heavy et cetera, you can always resort to the government class of “smilo-cracy” where people are tutelaged on the government of smiling; which is anchored on the motto:

THE SMILING CLASS IS TOO FEW WE NEED MORE BALLOTS

One who is intransigent to change, should in his own best interest inject himself with nitric-oxide, a technical term for laughing gas. If you meet a person diseased with the melancholic spirit of long hauling his/her face, steer clear so that you don’t get contaminated. It is no doubt an incurable disease that medical researchers and personnel are still on an unadventurous discovery for a cure.

The reason why you can see some old men and women still looking spright is not far-fetched. It is not because they may be nutritionally inclined, but they also understand the power of smiling. One may ask where the wrinkles are. Their wrinkles have moved from their faces and have been set poles away into their minds which makes them wise in dispensing advice, hence the astute saying “Age is sage”.

The place of smiling cannot be over-flogged as the Faculty of Law is not an exception to this disquisition. Prior to their ascendency to a political office, aspirants vying for a position go the extra length to warm the cockles of your heart. They become celebrities as they extravagantly shake the hands of everybody they come across. Most of them smile to the extent that their mouths are almost torn off, just to secure their votes. Upon ruling the roost, it becomes as different as chalk and cheese as politicians’ breeze pass fellow LAWSANS that even a handshake is a “sin”. What an electoral travesty!  And a betrayal of the gods of smile.

I will pellucidly say at this juncture that to smile is not a thought but a habit that will in the long run determine your habitat.                                                                                                                                                                                                                                                                                                                                                                                               

BROKEN EGGS, BUT NO OMELETTES: THE “IMPRESSIVE” PERFORMANCE OF THE SUPER EAGLES AT THE FIFA CONFEDERATIONS CUP.

The recent outing of the incontrovertible “Super Chickens” at the ongoing FIFA Confederations Cup leaves no room for doubt as to their unparalleled and unprecedented quality. The Nigerian team which had at the onstage brimmed with unquenchable valour made it known to us that anything short of the trophy was a failure. Happily, they were able to display their unequalled prowess against the Tahitian side that was no doubt made up of a golden selection of well experienced mechanics, welders, farmers, and bus conductors who have spent a great deal of their lifetime on the football pitch.

            Not that the Super Chickens should be blamed anyway. Their political counterparts back at home induce us into believing during their campaigns that anything short of a utopian state is a failure. But once they find themselves within the corridors of power, they would gladly build hospitals, roads, bridges, and unabashedly create jobs on the pages of newspapers and T.V screens. Hard as it seems, the Super Chickens (sorry, Eagles) gave us a very good show. They proved their mettle by losing out when it mattered most after a well displayed beautiful nonsense. However, we do know that when eggs are broken and omelettes cannot be made from them, such eggs are as good as stones.

            Now, it seems that a contest to outshine the Super Eagles and its political counterparts has been initiated by the Osagu Innocent- led LAWSAN government. The new government seems to be very attentive to the pressing needs of LAWSANs. It is no doubt in exercise of this unique and exceptional insight that the new executives deem it of paramount and utmost importance that a visit to MacCarthy beach is what law students need just a few weeks to the second semester examinations. It has always been my view that most government officials are indeed highly sensitive and perceptive. I cannot but hail the oriental wisdom and offer my ‘sincere’ congratulations to the LAWSA executives for their Solomonic wisdom. As the Igbos would say, “The Ocean eats only the legs it sees.” MacCarthy beach, as I was told, takes at least one person when disturbed. So I wonder whose legs MacCarthy beach wants to eat this time around.

            Before we are accused of being spoilsports, I am not unconvinced that a visit to the Benin High Court or the Court of Appeal would not prove worthless. I was informed by Secondary School students that the Edo State House of Assembly has a large gallery for visitors. I know that the National Assembly is out of the question, let alone the Supreme Court. All these places would greatly improve our training as lawyers, not some place where the crazy ones amongst us cannot wait to display their appalling nudity.

            I am sure that going by the calibre of people who represent us in the LAWSA parliament and also in the exco can do exceedingly greater than this. Their innovative and assiduous leadership should be channelled in the right direction so as to catapult LAWSA into higher horizons, for ‘direction is more important than speed.’                                              

  Make una no fall our hand oooo!               

PREDATORS

From the POETIC WING of the LEGAL WATCHMEN:

                     PREDATORS

In our ever vulnerable strength – or blindness

They have always denuded our meekness

Even when we seem to summon courage

To wilt their constant peddling’s of outrage

We turn out losing much blood

Than a murdered mosquito does

Just to lay their filthy claws on our petrodollars

They wouldn’t mind wringing our collars

Riddling us with diseases that have no cure’

Always impinging us with the rickety effect of yaws

They pollute our streams of gallant wills

You always see them in the dark metallic wheels

O creator! You know that the birds were living

Even before the udara stopped producing

God! Our lowered voices in sequence

Will forever recede in suffocating silence

As they leave their legacies of destruction

Marring the serenity of our confusion.

                         ARIKOR COLLINS.

WAR AGAINST PORNOGRAPHY

A psychological war is currently brewing in Nigeria. This is the serious decade-old battle between serious literature and pornography. The contemporaneous Nigerian society has been so bastardized by the influx of Western culture that we seem to be losing our foothold on our sense of values. Many Nigerians have assimilated to a significant degree, a multitudinous memorabilia of the Western culture that it would not be surprising to discover that many Nigerian youths dream Western dreams.

Pornography is that aspect of literature that is designed to entice the consumer sexually. It comes in diverse forms, including writings, recordings, still pictures, motion pictures, Facebook statuses and profile pictures, Blackberry Messenger display pictures, and Skype I.m’s. It is very sad to note however that pornography in its different forms is gaining the upper hand in this colossal battle.

It is no doubt intriguing at the rate at which the Nigerian public, especially the social networking sites, is being flooded by an influx of pornographic materials in its different forms these days. One can hardly visit a social networking site without being assaulted by a superfluous and redundant display of the mammary glands, and pictures of nude women in highly beguiling postures. These apart, the most annoying fact is that many Nigerian youths, most especially the females have taken to engage in an empirical experiment. Most indolent Nigerian youths unabashedly portray these animalistic attitudes in their vulgar mode of dressing and uncouth behaviour. And many of them are not ashamed to give Section 39(1) CFRN 1999 as the ratio for this primitive behaviour.

In view of this obnoxious cankerworm that is eating deep into the recess of the Nigerian public, can it then be said that the framers of our constitution did not deem it worthwhile in balancing the freedom of expression as guaranteed in Section 39(1) CFRN with adequate checks on its abuse as other countries have done? The answer is very glaring. The Criminal Code which is an act of parliament that is in conformity with the totality of the constitution makes express provisions relating to this demoralising phenomenon. Section 233 of the Criminal Code Act under paragraphs A-F expressly prohibits any obscene article or publication. Subsection (B) went to great lengths to define “article” as used in this context to include: anything capable of being or likely to be looked at and read or looked at or read, and includes any film or record of a picture or pictures, and any sound records.  Thus, going by the extensive definition of the Criminal Code Act, anybody who posts any picture on Facebook, Blackberry Messenger, Twitter, Skype, or any other social networking site which fulfils the intention listed in Section 233(B) and which also by virtue of Section 233(C)(1), is intended to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it; such a person is by virtue of Section 233(D)(1), guilty of an offence punishable on conviction by a fine not exceeding four hundred naira or by imprisonment for a term not exceeding three years or by both.

                The English court of appeal the case of  Shaw v DPP (1961)2 All ER 446, held that the courts have a residual power to enforce the fundamental purpose of the law which is to keep law and order, and that there is an offence known as  conspiracy to corrupt public morals. This judgement was upheld by the English Court of Appeal in DPP v Whyte (1972) AC 849, where it held that the court is duty bound to conserve safety and order, as well as the moral welfare of the state.

                Thus, going by the astute provisions of the Criminal Code and the stand of the court on the issue, there is no doubt that many a Uniben student would spend at least half of his/her academic calendar anguishing in gaol due to the lackadaisical attitude of the Nigerian youth towards the issue.

I would therefore like to sound a timeous note of warning to anyone who is guilty of this unwholesome attitude to beware, for a day of reckoning is coming when we will be to account for our deeds and misdeeds on this planet.

SUCH A MYSTERY

Death!!! Such a mystery to bear

Thy wings one cannot but fear

When thou takes’t thy lofty flight

One seems to wonder at the height

Leaving behind trails of pain and grief

That nothing else can be a relief

Will not ignore you in public.

Oh! What can be worst than death?

When covered by hallow dirt

That we should rise

His grace to praise

To behold our everlasting prize

Only to be denied the gains

With clothes torn and ragged

To doom we be dragged

Death! Death!! Death!!!

Such a mystery you are in the ring

That even he the king

In humility he bows to sorrow

With a view of life so shallow

In periods of pains and distress

My soul has often found to stress

BE NOT AFRAID OF WHAT IS TO COME

                                                                                                                        KHOSY.E.

MIND HOW YOU PRAISE THE AUTHORITIES WITH ‘WINGS’

It still baffles me when I see and hear the slogan ‘the police is your friend’. The big questions that have lingered on in my mind are; Are they really our friends? Do they really care about our welfare? Do they fight for our rights and ensure peace and order in our society? Or are they mercenaries of chaos? Until recently, I found the answers to these questions.                                                                                                                This is the story of a final year student; IBRAHIM MOMODU, twenty-two(22)years of age, and a student of the University of Benin from the department of Science Lab Technology, who murdered by the police at the Ogida barrack on the 27^th of May 2013. Murdered on what grounds? It was alleged that he was a robber prowling the vicinity on a motorcycle and was shot on the leg by a Divisional Police Officer (D.P.O) because he tried to refuse a lawful arrest. I wonder why a gun shot on the leg would suddenly appear on the chest because I never imagine our police force to be part of a magic circus. Here arises another question hanging on the pendulum of the societal clock. Who shot the boy in the chest that led to his untimely demise? I thought this denial happens only in cartoons and movies. I begin to wonder about the functions of the police, whether it is to take life or preserve life.

The point that really makes me smell a rat in the bag, is the quick burial of the boy without notifying his family. The newly found attitudes of the Nigerian police makes me go berserk, and have kittens. John Bancroft, the  founder of the police force in the 1930’s never intended professional misconduct, neither does the Police Act stipulate that a police must kill a person upon having a screw loose in the head or irated by the actions of the citizens. I wonder what a human could have done to warrant such sore and ignominious treatment. This is really not the first time that the police have portrayed this ludicrous disposition to the Nigerian public and the International community at large. The very fact that Section 24(e) CFRN 199 provides that “It shall be the duty of every citizen to render assistance to appropriate and lawful agencies in the maintenance of law and order”, will continue to be a constitutional dead-letter as a result of the disposition of the police to Nigerians.

What then is the position of the law in relation to this societal issue? Section 306 of the Criminal Code Act provides that “It is unlawful to kill any person unless such killing is authorised or justified or excused by law.” Can it be said, beyond the preponderance of all vagaries of doubt, that the act of the policewoman shooting a male student on his chest is justifiable or excusable by law?  Section 315 of the Criminal Code Act provides that “Any person who unlawfully kills another is guilty of an offence which is called murder or manslaughter according to the circumstances of the case.”

Some pundits may say it is not an unlawful killing since they are authorised and institutionalised, boldly executing functions within their exclusive domain as their duties require. This would amount to be a subjective argument. If the deceased Momodu was with a gun, it could then have been said that they shot him in self-defence in the execution of their duties. But this was not the case. The police shot him on the chest when he was without a weapon. Can it then be said that Momodu constituted, or had reason to constitute a reasonable modicum of threat to the existence and well-being of the policewoman who shot him? The policewoman’s action is a clear usurpation judicial function and an utter deprivation of Momodu’s fundamental right to life. As regards the deprivation of his fundamental rights, Section 33(1) CFRN 1999 expressly provides that “every person has a right to life…” as regards the usurpation of judicial functions, it provides in that same subsection that “…no one should be deprived intentionally of his life, save in the execution of the sentence of a criminal offence of which he has been found guilty of in Nigeria.” This therefore means that only the court has the imprimatur to declare a judicial fiat of death sentence on any person charged with a criminal offence.

In fact, it can even be said that the defaulting policewoman had no intention to arrest, for if she actually had an intention to arrest, she would had shot him on the leg. It has been established that it is only the court that has the judicial power to pronounce death sentence or order the execution of a criminal. It means that any other institutionalised or executory body e.g. the Police Force, the EFCC, et cetera, in the exercise of their duty cannot kill or snuff out the life of any citizen except in the case of defence. It therefore means that the policewoman’s action was unlawful and Section 319(1) of the Criminal Code Act provides that “…anyone who commits the offence of murder shall be sentenced to death.”

The police is meant to be the centre of the nation’s control tower concerning security. They do not reflect the National ethics of discipline, integrity, et cetera as contained in Section 23 of the Constitution of the Federal Republic of Nigeria, 1999. They rather act in manners that are unscrupulous, always on their marks to take bribes every now and then, and in n a hurry to oppress people who stand against it, they act in tardy manners, tentative towards their duty but up and doing to get involved in purely civil matters because of the meagre amount or chicken feed that would swell their pockets; very truculent and have left us with no legacy. This will be a food for thought to all policemen, both constables and inspector-Generals. If you take bribe, you sell your integrity. It is the cheapest and the least expensive route to a policeman’s heart. The masses see it as a weakness on the part of the police, but the latter see it as their strength to walk over the masses.

Oh! What an ignorance! A split hair discrepancy. Policemen may ignore their ignorance, but their ignorance will never ignore them in public.

It is therefore time for the police to hold their moral view tenaciously and be ardent about maintaining peace and order instead of being instruments of chaos. It was once said by a renowned writer that “true nobility is not being superior to others but being superior to who you were.” For to be loyal to your superior is a duty, to your equals is nobility, but to your inferiors is humility. It is high time we clean the force of all “criminals”, who parade themselves as ‘catchminals’ to wake them up from their illusory slumber and stop them from being myopic to the erroneous fact that the Police Force is a place to make daily gains. It has also been said that “if you cannot stand the heat, then get out of the kitchen.” It is also time for the ‘dutiful’, shylock; and incompetent ones to leave while the competent ones who are ready to serve be brought in.

The Nigerian Police force constitutes a gathering of highly impetuous, lugubriously ludicrous, and unscrupulous ‘servants’, and until the force is swept, brushed, cleaned and wiped, we cannot have a better service.

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 [NA1]

DEMONS AMONGST LAW STUDENTS: ‘BONING’ AND ‘FORMING’ AMONGST CLASSMATES

Does it really make sense for a 200level student to pass his course mate without even a glance or greeting passing between them? Is it really becoming of social animals that have been placed together by nature in the same classroom for the next five years to learn together without even knowing their names? Indeed I was baffled when I accosted one of my course mate and challenged her that we have been together in the same classroom for close to two years and I didn’t even know her name. The excuse that she gave before she finally told me her name got me really thinking. She told me that we are so many in the class that it is not possible for everyone to know each other.

             Can it then be said, beyond all reasonable vestiges of doubt, that we are in such a multitudinous number that this is not achievable? A proper perusal of the issue at hand will reveal that the major reason why most Law students don’t talk to themselves is that they have a misguided sense of pride. Most law students have a capitalistic-cum-bourgeoisie mentality. They believe that the fact that they come from a well-to-do background gives them an air of superiority over and above their course mates. Personally speaking, this mentality is one that is demonic-guided and not of God. Remember in the words of Martin Luther King Jnr., “If we don’t live together as brothers, then we will die together as fools.” The fact that one is from a rich background does not give him or her the imprimatur to be a snub all in the name of forming. One cannot make it to the top of the ladder without the help of friends for friends are people who oil the engines of one’s life.

            Another unfortunate mentality which is peculiar to many a law student is the opprobrious habit of using his knowledge of law to oppress and intimidate others. A close friend of mine in a futile attempt to escape his contractual liability unsuccessfully tried to rely on some technical jargons which could not avail him. Most law students are in the habit of using the knowledge which they have not even fully acquired to the detriment of others. As Socrates goldenly puts it; “True knowledge or wisdom is in accepting your ignorance.” The fact that one is studying law does not give him or her an extended air of superiority over one who is studying Fish Farming. I can categorically state at this juncture, without the fear of equivocation that there are many people studying Linguistics and the Languages who are intellectually and academically more mature than some law students.

            I hope I have succeeded in my God given assignment of flogging out the evil spirits of ‘forming’ and the demons of ‘boning’ which seems to have invaded the souls of many a law student. If anybody who is guilty of this unbecoming attitude and is not ready to change in the nearest future, then I would suggest to CLASFON to organise a special vigil in which they would invite renowned men of God who will come to do a special deliverance service to rid our faculty of these demonic elements. For the best room is the room for improvement. Change in itself is unchanging.

THE COURTROOM- A POEM

The Bar

The Bench

The accused

The air pregnant with tension.

Learned men in wigs

Raising salient and pertinent issues

Invoking general rules and their exceptions

Invoking the provisions of statutes and judicially affirming them.

Suspects, accused, Plaintiffs a’ Defendants

Brought to humility by the court

Regardless of their societal standings

Following the proceedings of the court with pretentious air of interest.

The witnesses, sworn to tell the sooth and sod off

Bound by the provisions of the Evidence Act and the ropes of the court

In leaps and bounds

Find thyself in a fit ‘cause o’ the dreading cross-examination.

The learned men in wigs

Taking up the gauntlet

Hammering on the finer points of law

Applying the sword to the facts at hand.

The custodian of justice

Like a pendulum swings hither thither to every word said

Interrupting courses of argument when off tangent

With a learned air of learnedness.

O! What a great hush that befalleth the court

The harbinger of justice unentangles his windpipe

Rejects repulsive argument and concedes to conscientious conclusions

With a vengeance on a free ride to judgment.

O! What a spectacle it is to behold

Better even to be in the throes of wigs

And best it seems to bestow judgment

What a promise the profession holds for all.

LAW- A POEM

What is law if one may ask?

Is it an art or act to task?

Either way one cannot be wrong.

In the field of humanities it is rung.

To some, positivist they call them

Law is a command upon which sanctions stems

From a political superior

To a political inferior.

To others it is a notion of fairness

Which concerns itself with righteousness.

Upon equity it is based

On it can justice be raised.

Whichever view you think is right

Endeavour always to keep in sight

And in our memories should we store

That the world is nothing without law.

                                                                                                                                                                  Oluwanonso.

THE SUN ON THE RUBBLES: A HUGE QUESTION MARK ON SECTION 6(6)(c) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA.

Imagine a nation where the legislature, executive and judiciary conforms to the provisions of the constitution; a Federal Republic in which the hallowed principles of democracy and social justice is practised; where sovereignty indeed belongs to the people; where democracy as it should be is practised, religious tolerance, discipline at all levels, national integration, zero tolerance for corruption, and a balanced economy where resources are pigeonholed to apposite bodies through positive governmental policies is made effective. A nation founded on the ideals of freedom, equality and justice. A nation where citizens can hold the government accountable to them. A nation where the national ethics are observed. A nation where her vision 2020/20 mandate will be chalked up. This nation is not farfetched as true to the words of Henry Thoreau that “in the next 20 years to come, you will be more disappointed for the things you did not achieve than the ones you achieved. So catch the wind! Set sail! Dream! Explore! Discover!”

These beautiful epithets that makes a nation has taken a long walk into the desert. Is this possible? Or are these spains built in the air? Baffling questions are many, convincing answers are pending.

In the 18^th century, a little girl, Joan of Arc filliped nationalistic feelings in France. That alone galvanised the French citizens from the giant pincer of the Englishmen. A choice made by one person caused a positive vicissitude in that country. There are many keys that hold Nigeria into a bunch, but just one key will swing Nigeria on the hinges of this Ivory tower. Yes this nation is possible. “For impossibility is found only in the dictionary of fools” a la Napoleon Hill.

A careful and detailed perusal of Chapter II of the Constitution of the Federal Republic of Nigeria which entails the Fundamental Principles of State Policy has found barren soil in the Federal Republic of Nigeria. Section 13 of the said Chapter II provides that: “It shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of this chapter of the constitution.” However, by virtue of Section 6(6)(c), “The judicial powers vested in accordance with the foregoing provisions of this section, shall not, except as otherwise provided by this constitution, extend to any issue or question as to whether any act or omission by any authority or person or as to whether any law or any judicial decision is in conformity with the Fundamental Objectives and Directive Principles of State Policy set out in chapter II of this constitution.” This provision is ridiculously opprobrious and far-fetched as a result of the fact that Item 60(a) of the Exclusive List of the same constitution provides that “The establishment and regulation of authorities for the Federation or any part thereof- to promote and enforce the observance of the Fundamental Objectives and Directive Principles contained in this constitution.” The combined reading of Section 6(6)(c) and Item 60(a) impedes the effective actualization of Section 13. Is it not contradictory for the court by virtue of Section 6(6)(c) to refuse to entertain any matter specified in Chapter II, and at the same time be compelled to promote and enforce the observance of the matters contained in this same chapter II by virtue of Item 60(a) of the Exclusive List? This then means that the courts are placing imprimatur on the Exclusive List which is a Federal instrument over and above the Fundamental Objectives and Directive Principles of State Policy. This burnt offering has become a reiterated incantation and also an abused immunity which has rendered political firmament superior to the rigours of the law. For any breach of Chapter II, they chant their ‘Political Anthem’- Section 6(6)(c) . This brings about a barrage of questions…

CAF UNDER-17 NATIONS CUP FINAL AND THE LESSONS TO BE LEARNT.

Why can’t politicians be like footballers? Why can’t all the contestants to an elective post line themselves up before the election starts and shake one another? Why don’t they play according to the rules of the game and help their opponents back to their feet when down? And most importantly, at the end of the election, why can they not congratulate the winning party even though they have lost?

All these are utopian ideals only and cannot suo motu be achieved in contemporary Nigeria. Indeed I was amazed at the behaviour of the Nigerian under-17 players when they lost out to Ivory Coast in the ghastly penalty shoot-out of the CAF Under-17 Nations Cup finals. Most of the Nigerian players immediately started shedding tears at their grievous misfortune and indeed, a number of them had to be dragged out of the pitch by the coaching team. I was also astounded by the coaches when they took it upon themselves to console the players, reminding them that this was just the instigation of their nascent and burgeoning career.True to the words of Martin Luther ‘we must live together as brothers or die together as fools’

I was also flabbergasted when I learnt that the players had swapped their shorts with the victorious Cote d’Ivorians. I was immediately struck by the symbolism of this act and its implications. It symbolised friendship and support for the Ivorian team as the best in contemporary Africa. I could not but contrast this with the events which immediately follow-up any election in Nigeria. In Nigeria, on the election date, no two opposing politician must see eye-eye before the election. This would spark off instantaneous trouble and riots.I mean this would stir up the hornet’s nest.Two contending politicians must never vote in the same polling centre. Rather, each contestant must go to his capital, where he feels he has the strongest support to cast his vote. If by any slight mistake, two contending politicians come athwart each other on the polling day, nothing more than a glance is expected to pass between them. This is in stark contrast with the behaviour of football players on the pitch.

When the election results are released, is there any law, statutory or judicial, that prohibits and restrain candidates from shaking hands? Is there any judicial decision to the effect that the court frowns upon a losing candidate congratulating his victorious opponent? Why can’t the party chairmen throw a party to congratulate the winning party? Is it even a taboo for a candidate to cry openly when he discovers that he has lost the election? The brave Nigerian players did not hesitate to cry after the match, and there is no doubt that the tears contributed to their catharsis. If politicians cry after hearing the results of an election? The tears would help to purge them of any ill feeling towards their opponent.

As to the symbolic act of exchange of jerseys, I wonder if there is any provision in the Electoral Act, express or implied, to the effect that exchange of party memorabilia is an offence.

Why am I stating all these observations? In a few weeks from today, the faculty of law would be having her own in-house elections. It is expected that the players in this election play according to the ropes of the game. But what happens when these rules are not effective, or worse still, there are no rules? It is time for us Nigerians to awaken from a dogmatic slumber and be alert to the shenanigans of dubious politicians.

Politicians come with the mind-set that they have guided missiles but most times the reverse is the always the case. Let us vote with our foot when ‘carroted’ by any politician. For no man can lead the people without their consent. The voice of the people cannot be undermined and their vote is the microphone of the Government. So let us choose leaders that have developmental calculus and not those with flowery words to fill empty stomachs. Rather, leaders who will lead the way, show the way and go the way. For indeed the ballot is the rightful successor of the bullet. 

… BUT SERIOUSLY.

When Phil Collins decided to use the above appellation as the title of his fourth studio album, it certainly proved that things were no longer the same. And the same can be said of the enviable Faculty of Law because of the ugly trend of indecent dressing which has obliterated all sense of morality in our distinguished faculty.

                A detailed perusal of the Faculty prospectus (2010-2012) reveals that, “The legal profession is a profession for gentlemen and lawyers who are reputed for dressing well.” It went further to whet my heightened appetite by declaring that, “Those aspiring to become members of the legal profession must be properly or well dressed, not only when they get to law school but while at the academic stage of training.” I do not need to go far to know that “The academic stage” referred to above is the formative years of training, which of course, is obtained in the university.

But, just as a plague no one can stop, indecent dressing amongst law students has become a cure no one can find. It has blossomed into a labyrinth of horror.

Though much has eloquently been said of this issue, it seems the monster has fully grown and it defies every act of training. The situation seems to be prevalent with the female law students. In their despicable bid to become the cynosure of all eyes, they wouldn’t mind jettisoning the simple provisions of the Faculty of Law prospectus. They wear ludicrously tight skirts which provocatively expose the contours of their anatomy not meant for others. For others, it is the ‘miniskirtmania.’ And yet for others, it is the sheer see-through dresses which do no better than not being worn at all. They shamelessly flaunt what is supposed to be hidden which proves them to be unrelenting. Another ludicrous attitude of girls is their excessive use of make-ups. This, though not severe, makes clowns of some female law students. The finished result of this makes them look like stuffed-up Barbie dolls.

From the look of things, it seems menacingly obvious that moral values which are supposed to be of great abundance in the Faculty of Law have been eroded and are being subsequently replaced by creepy and unsettling norms.

Before one should mistake this write-up to be the work of a sadistic male chauvinist, I must categorically state at this point that the male students are also guilty of this offence, although theirs stands no chance compared to the females. Expositions on this issue have all pointed accusing fingers at the influx of westernization as the focal cause of this ugly situation. Granted that ‘civilization’ is one of the major causes of this ugly situation, this write-up opines that curbing this menace involves the contribution of all.

It is high time that people understood that expensive clothing is not style. Body structure and colour should be the guiding principle when choosing clothes to buy.

Most importantly, the great Faculty of Law should wake up to its responsibilities. Other faculties are looking up to the Faculty of Law who pride themselves as being a unique faculty.

Above all, it rests on these students to have a complete change of mind about dressing. The primary purpose of dressing is to cover the body, but when the reverse is the case, then that is certainly something other than dressing which might be mistaken for madness.

VEXATION IN RETROSPECT: 1ST LADY FOUR BILLION NAIRA MANSION PROJECT.

Nigeria is a country blessed with a multiplicity and plethora of resources. Amongst these abundant resources is a wealth of knowledge which is associated with the myopic leaders that we are characterized with. Of course, our leaders pride themselves in being sensitive to the needs of the people. However, they should stop fooling themselves because they are only sensitive to their own selfish agendas. This is true to the words of Ronald Reagan that Government does not solve the problems, but rather subsidize the problems.

It is in exercise of this abundant knowledge that our very dear First Lady, Dame Patience Jonathan, deemed it that one of the pertinent needs of the Nigerian society at the moment is a First Lady mansion which will house visiting wives of Heads of States of various countries in Abuja. It is indeed very sensitive of our very Dame Patience to foresee that of all the Housing Projects to be embarked on, the mansion project must not only be included, but also given priority.

In a country where there is a minimum number of eight students per room in one of the top three universities in Nigeria. In a country where military scruples serve to turn many into homeless citizens. In a country where one of the smallest but densely populated states is fighting with the forces of nature for land. In a country where making long distance journeys is a constant nightmare due to the dilapidated nature of the roads. I could go on and on to list the deficiencies of the Nigerian infrastructural society. But the most important thing is that our First Lady feels that a mansion for the wives of visiting heads of states is more intriguing and pertinent than any of the above.

In fact, does she even have a justiciable claim? It is common knowledge that our revered 1999 Constitution does not make any provision for the office of the First Lady. In fact, there should be no such cliché as that. I wonder if the Aso Rock is not big enough to contain the president and his wife. Or are there no enough international standard hotels in Abuja that can house any visiting dignitary?

I wonder why those in the helm of power love making our country a boulevard of misery. In our very own Faculty of Law here, it should be on record that such white elephant projects shall be seriously frowned upon. The ‘First Ladies’ of our faculty, especially those who are occupying positions that are not established by law should beware and be warned that the electorate of the Faculty of Law are not as myopic as the members of the National Assembly. Now is the time for Nigerians to ride on the crest wave of purposeful leadership for leadership itself is not a vehicle for consumption but for contribution. Let it also be known this day that you can fool some of the people all of the time, all of the people some of the time, but you can never fool all of the people all of the time.

A word they say, is enough for the wise.

MY OGA AT THE TOP SAGA

It is not uncommon or extraordinary to see someone don the T-shirt captioned ‘my oga at the top’ today. The unfortunate incident which happened between a top NSCDC commandant, Mr. Shem, and the presenters of Sunrise Daily, a channels Television breakfast show, has been given diverse interpretations by Nigerians. To some, it is a ‘national insult’ for a top level commandant not to know the website of his organization. To others, it is a brazen attempt to avoid honesty. Yet to others, it is a parody on the state of the Nigerian defence sector.

I cannot but be predisposedly inclined towards the latter and rather rational school of thought on the issue. A proper appreciation of the issue will reveal  that the commandant is in his middle age, and does not appear to be one who is at  home in this era of technology. The fact that he could not or at least to a reasonable extent enlighten Nigerians about the website of his organization may not in entirety be his fault. It is a trite and accepted principle in Nigerian politics that most politicians are lackadaisical towards their manifestoes.  Those who hold the clutches and those who distribute the income of the nation’s budget are to be held responsible. It is possible that Mr. Shem has never recoursed to the internet in the course of executing his job. The Nigerian cabals have not put in place an efficient and organized system of administration, which calls for the technological wizardry of government parastatals. The NSCDC commandant in the course of his orientation was probably not tutored on the importance of internet services. It is possible that his station is totally devoid of the elements of technology.

Therefore, Nigerians should stop laughing at the misfortune that has befallen the commandant. Rather, we should recognize our own ignorance and rectify it. The very fact that Mr. Shem made such statement need not generate such sustained old chestnut slogan ‘oga at the top’. The great unwashed I surmise, tends to follow the latter words of Dr Mike Murdock when he said “You will be remembered for two things; the problems you solve and the ones you created.” That aside, let it be known this day too that most people who deride this unfortunate victim of circumstance via social networks, colloquial meetings etc have not succeeded either in solving any problem. In Nigeria we focus more on things that are subservient. However, if the ‘whole kit and caboodle’ would focus less on trivialities and toe the line of thought of Evanson who said: “the man that will be remembered is that man who turned a forest into a country and not a country into a forest” then the world becomes our oyster.

Unfortunately, we are living like citizens, if I may lend colour from the words of late Chinua Achebe …”where the falcon can no longer hear the falconer.” I cannot but recant a line from Niyi Osundare’s poem that “the railway tracks of this country are putrid marshlands in my soul tended by no magic fertilizers.”

The Faculty of Law prospectus expressly stated that there is an e-centre within the premises of the faculty, which offers web services to students. I am not categorically saying that there is actually no such e-centre, but the fact remains that I have not seen any such.

Therefore, I would like us to give blame to whom blame is due, because they have consistently been in ‘mouths and trousers’. The time has come for Nigerians to tell our ‘ogas at the top’ that we are ready to hold them accountable.  In our faculty here, any one intending to be an ‘oga at the top’ should see the red card that the pen is mightier than the sword. For we judge men by their actions and not by their words.

AIMS AND OBJECTIVES

We the Editorial team; bring to your doorsteps, the new, innovative, novel liberal newsletter:

                                        THE LEGAL WATCHMEN!!!

The constitution of the Federal Republic of Nigeria will be used as a foothold in relation to this precise odyssey.

In exercise of the mandate conferred on the press by Section 22 CFRN 1999, which expressly provides that:

          “The Press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this Chapter and uphold the responsibility and accountability of the Government to the People.”

This collective legal tribune will be spearheaded by a team of highly objective, liberal and open-minded editors. To this end, we are poised to:

v Provide quality news service to all LAWSANS regularly.

v Bring the government of LAWSA closer to LAWSANS.

v Provide constructive criticism and embellishment to both the legislative and executive arm of LAWSA.

v To hold the government of LAWSA responsible and accountable to LAWSANS.

v To provide enhanced political awareness and increased political participation.

We shall feature weekly on all the notice boards of the Faculty of Law, and we promise to deliver quality and verified news service to our readers.

                                                                                                Watch Out!!!