NIGERIAN TRIBUNE
15th October, 2026

Fundamental rights are essential rights and freedoms guaranteed to individuals by the Constitution and other applicable legal instruments. They serve as safeguards against arbitrary governmental actions and unlawful interference by individuals, institutions, and other bodies. In Nigeria, the Constitution of the Federal Republic of Nigeria 1999 (as amended), particularly Chapter IV, guarantees fundamental rights, including the rights to life, personal liberty, fair hearing, freedom of expression, freedom of movement, and freedom from discrimination, etc. To ensure the protection of these rights, the Fundamental Rights (Enforcement Procedure) Rules 2009 provide a procedural framework through which persons whose rights have been, are being, or are likely to be infringed may seek judicial redress. The enforcement procedure is designed to promote access to justice, facilitate the protection of human dignity, and provide an effective remedy for violations of fundamental rights. It reflects the principle that constitutional rights must not remain mere declarations but must be capable of practical enforcement through the courts. However, despite the noble objectives of this procedure, concerns have arisen regarding its abuse by litigants who may invoke it for purposes other than the genuine protection of fundamental rights.

The abuse of the Fundamental Rights (Enforcement Procedure) Rules occurs where a litigant employs the procedure improperly, frivolously, or for an ulterior purpose. Such abuse may arise where a party disguises an ordinary contractual, commercial, property, or other civil dispute as a fundamental rights violation, uses fundamental rights proceedings to harass an opponent, seeks to frustrate or delay the determination of another suit, or institutes proceedings primarily to secure an improper advantage. It may also occur where the procedure is used to circumvent established legal processes or to pursue claims that do not genuinely disclose an infringement or threatened infringement of a fundamental right. The issue is particularly significant because the Fundamental Rights (Enforcement Procedure) Rules 2009 are intended to facilitate, rather than obstruct, access to justice. The Rules adopt a liberal and rights-oriented approach to the enforcement of fundamental rights. Nevertheless, such liberality does not confer an unrestricted licence on litigants to invoke the procedure for every grievance or disagreement. The courts must therefore strike a balance between ensuring that genuine claims are heard without unnecessary technical obstacles and preventing the misuse of the procedure for collateral, vexatious, or oppressive purposes.

The abuse of fundamental rights enforcement proceedings has serious implications for the administration of justice. It may lead to the multiplication of suits, waste judicial time and resources, impose unnecessary financial and emotional burdens on opposing parties, and undermine public confidence in the legal system. More importantly, it may weaken the effectiveness of fundamental rights protection by diverting judicial attention from genuine cases of human rights violations. Consequently, the courts have an important responsibility to distinguish legitimate claims for the enforcement of fundamental rights from proceedings instituted in bad faith or for purposes inconsistent with the objectives of the Rules. Against this background, the topic, “Abuse of Fundamental Rights Enforcement Procedure by Litigants", examines the nature and forms of such abuse, the legal principles governing the institution and determination of fundamental rights proceedings, the attitude of Nigerian courts towards improper invocation of the enforcement procedure, and the remedies or sanctions available to prevent and address such abuse. The central concern is how the enforcement procedure can remain accessible and effective for persons whose rights require protection while ensuring that it is not exploited to defeat the ends of justice. Ultimately, the proper administration of fundamental rights jurisdiction requires both the protection of genuine constitutional claims and the prevention of procedural misuse by litigants.

THE FACTS OF THE CASE

The facts of this case as reported in Ali v Maradi (2026) 15 NWLR (Pt.20-62) 69 are that the appellants instituted an action against the respondent under the Fundamental Rights (Enforcement Procedure) Rules, 2009, seeking a declaration that the respondent's threat to arrest and detain the 1st appellant by the use of police officers was illegal and a violation of his right to personal liberty guaranteed by sections 46 and 35 of the 1999 Constitution and a declaration that the transaction conducted by the appellants with the respondent, being a commercial transaction in the normal course of business transaction, could not give rise to any criminal investigation or proceedings against them. The appellants also sought an order of perpetual injunction restraining the respondent either by himself or his agents, assigns, privies, police officers and/or any person whomsoever, from arresting and/or detaining the 1st appellant on account of the subject matter of the application and an order setting aside the undertaking which the 1st applicant was forced to make, agreeing to a payment of the sum of N3,000,000.00 to the respondent before His Royal Highness, the Galadima of Kano. The case of the appellants was that, in a commercial transaction with the respondent in respect of sales/distribution of poly mats, the 2nd appellant's product, they supplied to the respondent on credit goods worth N5,000,000.00, who paid the sum of N3,500,000.00, leaving a balance of N1,500,000.00. Subsequently, the respondent made an advance payment of N6,000,000.00 for further supplies of the product but the appellants were able to supply only goods worth N3,000,000.00 as result of economic challenges and insurgency. The respondent was put on notice of the development. The appellants averred that the respondent resorted to the use of threat and force from the Royal Palace of the Galadima of Kano and the police to make the appellant undertake to pay the balance of N3,000,000.00 without considering the sum of N1,500,000.00 initially owed them by the respondent. The respondent's case was that he paid a total of N8,500,000.00 in different instalments to the appellants for the supply of poly mats and that the appellants were able to supply to the value of N5,255,000.00, leaving a balance of N3,147,000.00, which they have refused or neglected to refund despite repeated demands. The respondent denied approaching the police or any other law enforcement agency to recover his money from the appellants but admitted approaching the traditional institution to recover his money. At the end of hearing, the trial court entered judgment in favour of the respondent. It ordered the appellants to pay the respondent the indebted sum of N3,147,000.00. Aggrieved by the judgment of the trial court, the appellants appealed to the Court of Appeal. The Court of Appeal dismissed the appeal and affirmed the judgment of the trial court. Dissatisfied, the appellants appealed to the Supreme Court, which allowed the appeal in part.

JUDGMENT OF THE SUPREME COURT

The Reliefs Which can be Claimed Under Fundamental Rights (Enforcement Procedure) Rules:

Reliefs claimable under the Fundamental Rights (Enforcement Procedure) Rules are limited strictly to matters arising under Chapter IV of the 1999 Constitution (as amended). Any exercise of jurisdiction in respect of subject-matters outside the scope of Chapter IV is a nullity, being unconstitutional and void.

Per ADAH, J.S.C. at pages 90-91, paras A-B:

"In the instant case, the trial court, in its decision at pages 127-128 of the record of appeal, expressed its views as follows:

1. That the transaction between the respondent and the applicants was purely civil in nature.

2. That there was no evidence from the applicants establishing that they were arrested or detained by the respondent or by any of his agents.

3. That the applicants admitted their indebtedness to the respondent, as contained in paragraph 16 of the applicants' affidavit and paragraphs 3(e), (d), (f), (g), (h), (i), 0), (k), (I), and of the respondent's counter-affidavit.

4. That although the applicant undertook to pay the sum of N3,147,000 to the respondent, as evidenced by the undertaking attached to the counter-affidavit, there was no material placed before the court to show any threat to the applicants' fundamental rights.

5. That the further and better affidavit of the applicants, particularly paragraph 2 thereof, amounted to a legal argument and conclusion and constituted an afterthought.

6. Consequently, and in the interest of justice, the court made the following orders:

(a) that the respondent shall not employ the services of any law-enforcement agency to enforce the transaction between him and the applicants; and

(b) that the applicants shall pay to the respondent the sum of 143,147,000, being the amount admittedly owed to the respondent. (Italic mine).

From the foregoing, the trial court was categorical in its finding that the appellants' claim was purely civil and that there was no breach of their fundamental rights. It is significant to note that there was no counter-claim filed by the respondents. In the circumstances, once the appellants failed to establish any violation of their fundamental rights, the only proper order open to the court was a dismissal of the application. Accordingly, the trial court's venture into the contractual relationship and the issue of indebtedness between the parties amounted to an unwarranted overreach, which ultimately occasioned injustice to the appellants and was therefore unnecessary and improper."

NIGERIAN TRIBUNE
6th October, 2026

The Geo-Political and Localized Devastation: The Ondo State Realignment A major geographical and legal controversy has emerged regarding the Ondo State section of the highway, where the Federal Ministry of Works altered the original route. The Inland Diversion (Bypassing the Coast) Local stakeholder groups, backed by institutional frameworks like the pan-Yoruba group Afenifere and the Ilaje Committee of Lawyers, the Itsekiri and Iwere Groups, traditional rulers and opinion moulders have raised alarm over the realignment that diverts the highway inland through parts of Edo State, bypassing Ondo’s approximately 100-kilometer coastline. This is not a matter to be dismissed with a wave of the hand, as the federal government seems to be doing apparently, given the grave but ominous silence that has characterised the response to these basic agitations. No one should lose sight of the original concept of the Coastal Highway project, going by its name and design. Let us take from one of the sound arguments propounded by those concerned which is hereunder adapted and reproduced. A road is never merely a road when properly conceived and strategically aligned. A major highway can transform communities, open markets, create employment, stimulate investment, connect previously isolated populations and redefine the economic destiny of an entire region. A project conceived as a Coastal Highway should not, without compelling and demonstrable reasons, substantially bypass the coastal communities of Ondo State. That is why the controversy surrounding the Lagos-Calabar Coastal Highway and the reported alteration of its alignment in Ondo State deserves more than political commentary. It deserves facts, transparency, professional scrutiny and responsible public engagement. It’s an issue of National significance The first point that must be established is that this is not merely an Ilaje issue, the matter transcends Ilaje. It is an Ondo State issue, a Niger Delta issue, a national development issue and ultimately an issue of equitable infrastructure planning. The agitation must not be reduced to a local or sectional demand. Ilaje is an integral part of Ondo State, and its coastal communities form an important component of Nigeria’s Atlantic and Niger Delta environment. Its extensive coastline, waterways, fishing communities, maritime activities and proximity to the Atlantic Ocean place it at the heart of the State’s enormous blue-economy potential. Consequently, when a major Federal infrastructure project intended to traverse and connect Nigeria’s coastal belt allegedly bypasses substantial portions of that coastline, it is entirely legitimate for communities that appear to fall outside a proposed alignment to ask: Why? Those questions should not be dismissed as agitation for political reasons. And where the explanation is based upon technical considerations, they deserve technical answers, economic answers and policy answers. These questions should not be regarded as hostility. They are the natural questions of citizens whose communities may be materially affected by a major public infrastructure decision. The straightforward fundamental question to ask is, what makes a Coastal Highway “coastal”? Is it merely a highway that eventually connects coastal cities? Or is it intended to create a strategic transportation corridor that opens up, integrates and stimulates development along Nigeria’s coastal belt? The central issue is remarkably simple. If the project is described and conceived as a Coastal Highway, then the relationship between the highway and Nigeria’s actual coastline becomes an important matter of public policy. If the latter is also the objective, then the economic and developmental significance of the Ondo coastline cannot reasonably be ignored. The coastal communities of Ilaje should not merely watch a Coastal Highway pass somewhere inland while they remain disconnected from the transformational opportunities such infrastructure is expected to create. A coastal highway should create more than asphalt. It should create economic corridors, employment, logistics opportunities, tourism, maritime connectivity, industrial development, fisheries expansion, aquaculture, agricultural value chains and access to markets. That is precisely why the alignment matters. I acknowledge the reported explanation that the Ondo coastal alignment presents soil and geotechnical challenges. There is nothing unreasonable about engineering considerations influencing the alignment of a major highway. Indeed, any responsible government must consider soil bearing capacity; geotechnical stability; environmental impact; flooding and erosion; construction cost; maintenance requirements; bridges and hydraulic structures; security; traffic projections; economic viability; and long-term sustainability. However, the existence of an engineering challenge does not automatically establish that the only solution is to abandon the coastal alignment. The challenges should lead to a careful assessment of available engineering solutions and alternatives. It should not automatically end the conversation. The question is not whether the terrain is challenging. The question is whether the challenges can be responsibly engineered, at what cost, and with what long-term benefit to Nigeria. That is a question for qualified engineers, environmental experts, economists, planners and other relevant professionals. And that is precisely why the matter deserves a transparent technical conversation. If the terrain is the reason for the deviation, Nigerians should be able to see the technical basis for that decision. What are the geotechnical findings? What alternative routes were investigated? What are the comparative construction costs? What are the environmental implications? What is the projected economic benefit of each alignment? What is the long-term maintenance cost? And what additional infrastructure would be required to connect the bypassed coastal communities? These are not hostile questions. They are legitimate questions in a democracy concerning a major public infrastructure project. The coastal environment is undoubtedly challenging. But engineering challenges should invite engineering solutions. The argument that a terrain is difficult should be approached with the question, “How can it be engineered?” And not “How can it be avoided?” Modern engineering has demonstrated that infrastructure can be constructed across difficult terrains, wetlands, riverine environments, mangrove ecosystems and areas with complex soil conditions. This does not mean that every proposed coastal alignment is automatically feasible or economically sensible. Rather, it means that the technical feasibility of the Ondo coastline deserves a rigorous and independent assessment before it is effectively written off. The people of Ilaje know their environment. Engineers understand science. Government possesses the institutional capacity. Let all three knowledge systems meet at the table. The approximately 100-kilometre coastline attributed to Ondo State is an enormous economic asset, not a geographical burden and should not be viewed merely as difficult terrain or considered only in terms of the difficulty it may pose to construction. It should also be considered in terms of the avalanche opportunities and the enormous potential such as: Blue Economy; Fisheries; Aquaculture; Maritime Transportation; Tourism; Ports and Tourism; Logistics; Energy; Agriculture; Industrial Development; Coastal Trade and many others. The Nigerian Federal Government is increasingly seeking to diversify its economy and expand its blue economy potential. A strategically planned coastal infrastructure corridor could therefore become much more than a transportation project. It could become an economic development corridor. That possibility deserves serious consideration. It therefore becomes even more important that the infrastructure connecting Nigeria’s coastal corridor should be planned with the economic potential of these communities in mind. A road through the area could become the catalyst for an entirely new economic ecosystem. The fact that communication infrastructure traversed portions of these environments during the colonial era, and that major infrastructure has subsequently been developed in comparable coastal environments across Nigeria, reinforces the need for serious technical investigation rather than assumptions about impossibility. The issue is not whether modern engineering can defeat nature. Rather, it is whether the cost, engineering requirements and long-term benefits justify the investment. That is a question capable of being answered objectively.” The equal development question The development of Edo State, Delta State and Ondo State should be complementary, and I have no objection whatsoever to the development of any other part of Nigeria. Ilaje like every other Nigerian community deserves infrastructural development. Development should never be presented as a competition between Nigerian states. The objective should be to create interconnected economic corridors in which one state’s development reinforces another’s. Therefore, the argument should not be “Ondo versus Edo.” It should be “How can Nigeria obtain the greatest developmental benefit from the entire coastal corridor?” That is the higher national question. Constructive engagement is not and should never be seen as rebellion. The reported visit of the Honourable Minister of Works to Igbokoda is therefore commendable. A government that engages directly with affected communities demonstrates democratic responsiveness. The next logical step should be deeper technical and stakeholder engagement. The “Real Coastal” Necessity Legally and economically, bypassing the actual coastline defeats the project’s primary statutory objectives. The original route was designated to open up neglected, oil-producing littoral communities in the Ilaje local government area. It was meant to link strategic economic frontiers like Araromi Beach (a major eco-tourism hub) directly to Lagos and the South-South. The Legal Argument for Invalidation Bypassing these communities violates the core equity principles of the Niger Delta Development Commission (NDDC) Act and infrastructure development mandates. While the Ministry of Works defended the alteration by citing severe “soil challenges” and coastal terrain issues, legal analysts and marine engineering experts argue that modern civil engineering has tamed similar terrains globally. Forcing an inland path strips the Ilaje people of their right to infrastructural inclusion, turning a generation-defining “coastal” highway into a standard mainland expansion that abandons the very communities anchoring Nigeria’s maritime economy.

NIGERIAN TRIBUNE
5th October, 2026

INTRODUCTION The Lagos-Calabar Coastal Highway is a 700-kilometer Superhighway project connecting nine coastal states in Nigeria, first conceptualised in 1955 before active construction commenced in March 2024. Its early conceptualization started around 1955 through an idea for a coastal road and rail corridor linking Nigeria’s southern regions as was first proposed by the country’s Federal Minister of Finance, Festus Okotie-Eboh. The project is being developed by the Federal Ministry of Works on behalf of the federal government of Nigeria as a N15.36 trillion infrastructure development under a Public-Private Partnership (PPP) model. While celebrated by some as a catalyst for economic transformation, the project’s execution has triggered fierce legal and constitutional battles regarding land rights, public procurement transparency, route realignments, undue diversion and environmental accountability. It is planned to run from Victoria Island, Lagos to Calabar, Cross River State. The highway will pass through Ogun State, Ondo State, Edo State, Delta State, Bayelsa State, Rivers State, and Akwa Ibom State before ending in Calabar. The project is intended to physically connect the western and South-Eastern regions of Nigeria to improve cross-country connectivity and trade relations. Despite various national development frameworks mentioning the route over the decades, the blueprint remained largely on the drawing board due to changing political priorities and alleged funding constraints. Successive administrations, including those of Olusegun Obasanjo and Goodluck Jonathan (who notably revived associated rail layouts around 2014), revisited segments of the coastal connectivity corridor but could not implement it. LAUNCHING AND CONSTRUCTION In March 2024, President Bola Ahmed Tinubu officially flagged off the construction of Phase 1 of what was termed a legacy project to be supervised by the Minister of Works and Housing David Umahi. The project was awarded to Hitech Construction Company Ltd under an Engineering, Procurement, Construction, and Financing (EPC+F) model. The highway is designed with 10 lanes (rigid concrete pavement) and an integrated central rail reserve. Initial portions of Phase 1 (stretching outward from Victoria Island, Lagos) were temporarily opened to public traffic in late 2025, with major segments of the initial 47.47-kilometre stretch reaching advanced completion targets through 2026. In its present form, the project has in many ways helped in reducing traffic congestion on the Eti-Osa and Ibeju-Lekki corridors outwards Lagos State enroute Ogun and Ondo States. THE “GAINS”: ECONOMIC TRANSFORMATION AND INFRASTRUCTURE MODERNISATION Economic Integration and Trade Facilitation The highway fulfills the state’s obligations under Section 16 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), which mandates the state to direct its policy toward ensuring a planned and balanced economic development. By significantly reducing transit times between major commercial hubs, the road fosters seamless regional trade, matching national objectives of economic integration. Without any doubt, the project will impact positively upon the coastal communities in trade and commerce, enhancing improved navigation of goods and services from the rural establishments. From Victoria Island to Sangotedo and Ibeju axis, there are countless hidden villages and towns that the coastal highway has opened up to huge economic opportunities, waiting to be harnessed for growth and development. Enhanced Shoreline Resilience and Flood Mitigation According to the Federal Ministry of Works, the engineering technology utilized for the project includes underground drainage, flood gates, and elevated concrete pavements. Legally, this satisfies national infrastructural standards and serves to proactively address coastal erosion, aligning with ecological preservation principles by reinforcing century-old lagoon discharge paths. This will, however, be subject to close monitoring and detailed observations given the painful experiences of residents during the rainy season as several canals and waterbeds were reported to have become trapped and stagnant. This poses great danger for the host communities if not promptly addressed and reversed. Tourism and Real Estate Growth The highway opens up the southern coastline to massive public and private sector investments in maritime tourism, logistics, and housing. This unlocks the commercial value of lands within the statutory control of the respective state governments as empowered by the Land Use Act of 1978. When harnessed positively through sectional road linkages and infrastructure developments by the various governments of the states, it should help to decongest the cities and reduce urban migration. The “Pains”: Infringement on Rights and Regulatory Lapses Despite its long-term benefits, the project faces intense legal criticism over how it is being implemented with different alignments for different states. Compulsory Acquisition and the Compensation Crisis A primary source of litigation stems from the sudden realignment of the road corridor. Dozens of property owners—ranging from local indigenes to diaspora investors—have decried forceful eviction and the demolition of multi-million-dollar investments. Generally, land acquisition for road construction or other public purposes is permitted under the law, following prescribed patterns that give room for transparency and justice. However, Section 44(1) of the 1999 Constitution explicitly forbids the compulsory acquisition of private property unless it is for public purposes, subject to the prompt payment of adequate compensation. Many communities and investors have raised the issue of arbitrariness in the implementation and enforcement of the coastal road alignments, either to favour or hurt perceived interests and political loyalists and antagonists. This should not be tolerated in any manner whatsoever. The Statutory Gap and Jurisprudential Parameters Some of the affected parties and entities argue that the compensation offered by the government is grossly inadequate and fails to match the fair market value dictated by Section 29 of the Land Use Act, 1978. In law generally, compulsory acquisition parameters require strict adherence to procedural due process outlined in several parameters. For instance, there must be a valid public purpose for the acquisition, in this case, the coastal highway. While infrastructure fits the description of “overriding public interest” under Section 28 of the Land Use Act, the reallocation of acquired corridors to alternative private entities vitiates the public purpose doctrine. Even in some strange developments, land belonging to the natives is said to be acquired for undisclosed entities and commercial purposes, thus depriving the real owners of their customary heritage and economic enhancement. It has also been reported that in some strange cases, the office of the Surveyor-General of the Federation has taken over massive tracts of land under the guise of setback for the coastal highway, leading to avoidable controversies with previous valid allocations. Personal and Adequate Notice as prescribed under section 44 of the Land Use Act mandates that personal service of notice must be given to landholders. In my view, the deployment of rapid 6-week vacation notices and physical markings on structures via public gazettes fails the test of reasonable administrative notice, as established in Olatunji v. Military Governor of Oyo State (1995). There is also the issue of equitable valuation for the land acquired. The state’s reliance on historical, depreciated building values rather than modern replacement costs violates the spirit of constitutional equity, leaving displaced citizens economically disenfranchised. It is the existence of these communities that makes the federation, so the tail should not wag the dog. Nigeria as a corporate entity derives its existence from the federating units that combine to make a country and it will be unjust and inequitable to deprive these communities of their identity, their heritage and the huge opportunities to harness their economic potentials. Procurement Transparency and Single-Source Bidding The contract award of the coastal highway directly to Hitech Construction Company Limited sparked litigation by civil society groups and political stakeholders, which alleged varied legal violations. The core argument centres on the Public Procurement Act, 2007 (PPA). Critics assert that the Federal Ministry of Works bypassed the strict provisions for open competitive bidding under the PPA, relying instead on single-source procurement without justifiable statutory exemptions. This raises serious rule-of-law concerns regarding fiscal accountability and equal opportunity for public contracts. Environmental and Social Impact Assessment (EIA) Delays Construction began before comprehensive Environmental and Social Impact Assessments (ESIAs) were fully completed and approved for the entire 700km stretch, in gross violation of extant laws and regulations. Section 2 of the Environmental Impact Assessment Act (EIA Act), 1992 explicitly prohibits any public or private entity from embarking on projects that may significantly affect the environment without a prior assessment. Cutting through delicate ecosystems, wetlands, and mangrove forests without a full EIA violates this clear statutory command. There must be sufficient transparency in the process of EIA displays and access such that authorized representatives of those impacted can view it and be well guided to take up all associated issues with the government. That indeed is the core purpose of the EIA, to address all collateral impacts that the project may bear on the host communities. Contrary to this dictate as established globally, the government and its contractor are withholding relevant information concerning the project which has so far been shrouded in unacceptable opacity. The Ministry of Works’ refusal to fully disclose the EIA reports to the public, citing exceptions under the Freedom of Information (FOI) Act, 2011, has drawn threats of litigation from human rights bodies, all of which are totally unnecessary if there are no ulterior motives governing the project. Against the background of the massive flooding of several communities around the coastal highway corridor, the fear of country dwellers on the negative impact to their homelands cannot be dismissed lightly. What the government should do is to visit the communities with engineers and experts for objective assessment in order to address all the issues raised so that a highway of value should not wipe out existing territories.

NIGERIAN TRIBUNE
24th September, 2026

(Constitutional Principles and Institutional Safeguards for State Policing in Nigeria) VIII. Electoral Integrity and Political Neutrality State Police will inevitably play important roles during elections. Given the heightened political tensions that often accompany electoral periods, the National Policing Bill should establish safeguards to protect electoral integrity and prevent partisan abuse. These should include: Operational independence during elections; Transparent deployment procedures; Restrictions on political directives; Mandatory coordination with INEC and other security agencies; and Independent monitoring of election-related policing activities. Additional measures should include documented deployment decisions, public reporting on election security operations and sanctions for officers or political actors who misuse policing powers for partisan purposes. State Police must never become instruments for intimidating voters, harassing opposition parties or restricting lawful political activity. Their role is to protect the electoral process, safeguard voters and maintain public order impartially. Democratic legitimacy requires political neutrality. IX. Fiscal Sustainability, Weapons Management and State Readiness Certification No policing institution can function effectively without sustainable financing. States seeking to establish police services should demonstrate the capacity to: Pay salaries; Maintain infrastructure; Provide training; Procure equipment; and Sustain operations. Security institutions should be established on the basis of demonstrated fiscal capacity rather than political aspiration. The National Policing Bill should also establish: National firearms standards; Digital weapons tracking systems; Armoury inspection protocols; Mandatory firearms certification; and Ammunition accountability systems. Given existing concerns regarding the proliferation of small arms and light weapons, strict weapons management standards are essential. The Bill should further establish a State Readiness Certification Framework. Before commencing operations, a state should demonstrate minimum capacity in fiscal sustainability, human resource management, training infrastructure, independent complaints mechanisms, legislative oversight, digital records management, armoury controls and diversity safeguards. Institutional readiness should precede operational authority. X. Managing the Transition The transition from a unitary policing structure to a dual policing system should be gradual, sequenced and carefully managed. Even well-designed reforms can fail if implementation is rushed or poorly coordinated. The National Policing Bill should provide for: Pilot implementation phases; Transitional funding arrangements; Personnel transfer frameworks; Asset transfer mechanisms; Interoperable information systems; and Independent implementation reviews. A national transition oversight mechanism should monitor implementation, identify emerging challenges and recommend corrective actions. The movement of personnel, assets and operational responsibilities must be carefully coordinated to avoid service disruptions, duplication and security gaps. A phased approach will allow lessons from early implementation to inform broader rollout. Conclusion: Beyond State Police The State Police debate is often presented as a choice between centralisation and decentralisation. That framing is inadequate. The real choice before Nigeria is between institution-based policing and power-based policing. Neither centralisation nor decentralisation guarantees effectiveness, accountability or public trust. Success depends on the quality of the institutions that govern policing power. State Police can strengthen public safety, improve local responsiveness and deepen federalism. It can also become vulnerable to political capture, identity-based exclusion and institutional fragmentation. The outcome will depend on the constitutional safeguards, governance institutions and accountability mechanisms established today. The decentralisation of policing must not become the decentralisation of impunity. Rather, it should become an opportunity to build more responsive, professional and citizen-centred security institutions. Nigeria’s objective should not be merely to create State Police. It should be to build a constitutional policing system that is professional in conduct, inclusive in composition, accountable in operation, restrained in the exercise of power and trusted by the people it serves. That is the challenge before the Presidential Working Group. That is the opportunity presented by the National Policing Bill. And that is the legacy this reform should seek to leave behind: a policing system that strengthens security while deepening democracy, constitutional governance and public trust. ADDENDUM State police or community policing has been a major plank of the present administration, following which it sponsored an executive bill to the National Assembly for consideration and approval. The report is that the National Assembly has passed the draft bill and forwarded it to the Houses of Assembly of the States for legislative action in line with section 9 of the Constitution. The challenge is the seeming secrecy surrounding the whole exercise, given that the primary purpose is to deploy the bill for the good of the people in order to enhance their security. In the minimum, we should be entitled to a summary of the major provisions of the bill for public consumption and participation. Generally speaking, achieving community-oriented state policing in Nigeria requires a two-pronged approach: a formal constitutional amendment to decentralize police powers and a comprehensive statutory framework to ensure local accountability. While Section 214 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) establishes a single, centralized Nigeria Police Force (NPF), the current security climate makes decentralisation a necessity rather than an option. To transition effectively without creating regional militias, Nigeria must balance state autonomy with strict federal oversight. 1. The Constitutional Hurdle and Legal Framework The primary obstacle to state policing is the Exclusive Legislative List in Part I of the Second Schedule to the 1999 Constitution, which places “Police and other government security services” under sole federal jurisdiction. Constitutional Amendment: The National Assembly must amend Section 214 and move policing to the Concurrent Legislative List. This would empower both federal and state legislatures to enact laws establishing police services. This guarantees independence and regional autonomy. Jurisdictional Delineation: The amendment must clearly define boundaries. State police should handle localized crimes (e.g., traffic, municipal bylaws, state infractions), while the Federal Police retain jurisdiction over interstate crimes, terrorism, and national security where they concern federal territories or agencies. Conflict Resolution: Laws must explicitly state that in the event of a jurisdictional conflict, federal law prevails, aligning with Section 4(5) of the Constitution. While not encouraging parallel entities, the mode of operation for the federal and state must ensure efficiency and cohesion. 2. Operationalising the “Community” Aspect True community policing is not merely about local deployment; it requires a structural integration of citizens into the security architecture. The focus must be people-oriented, leveraging on existing structures to galvanise community involvement. Community Police Boards: State laws must mandate the creation of local police boards comprising traditional rulers, youth leaders, civil society organizations, and trade unions. These boards will co-manage local security priorities within defined legal frameworks. Indigeneity and Language Requirements: Recruitment criteria should prioritize candidates who have resided in the community for a minimum period of at least five years and are fluent in the local dialect to foster trust and seamless intelligence gathering. They should constitute the rallying point between the authorities and the people. Alternative Dispute Resolution (ADR): State police statutes should institutionalize ADR mechanisms for minor civil and criminal disputes, relying on community elders, traditional and religious leaders, to reduce court congestion and punitive policing. In many communities across Nigeria, customary arbitration has been institutionalised to the satisfaction of the community. All that is required in such cases is the codification of the prevailing template in order to obliterate all forms of arbitrariness. 3. Safeguards Against Political Misuse and Abuse The strongest argument against state policing in Nigeria is the fear that state governors will weaponize local forces against political opponents. While this is not totally unfounded, the existence of other institutions within the polity, such as the judiciary and indeed the legislature should serve as moderating organs on any form of abuse or manipulation. This is why the legal framework must include robust checks and balances. [ Federal Oversight Body ] (NPF / National Police Council) ¦ (Sets Minimum Standards & Training) [ State Police Force ] ?—? [ Independent Police Complaints Commission ] (Human Rights Accountability) [ Community Police Boards ] (Local Oversight & Trust) Independent Appointment Mechanisms: The appointment and removal of a State Commissioner of Police must not rest solely with the Governor. It should require ratification by a two-thirds majority of the State House of Assembly, based on recommendations from an independent State Police Service Commission, whose membership must demonstrate sufficient autonomy. Funding Insulation: To prevent financial strangulation or manipulation by state executives, funding should be drawn directly from the Federation Account via a statutory ring-fenced mechanism (a State Police Trust Fund). The independent State Police Service Commission should report directly to and be accountable to the State House of Assembly for the approval of its budgets and indeed composition. Read the rest on www.tribuneonlineng.com The Independent Police Complaints Commission (IPCC): A legally backed, independent ombudsman must be established in each state to investigate human rights abuses and police brutality, ensuring accountability outside the police chain of command. The composition of the Commission should include the Nigerian Bar Association, the Nigerian Union of Journalists, tested criminal law experts, activists and NGOs. In all, the goal should be the engagement of all relevant stakeholders within the security architecture. There is no better time for the implementation of this agenda than now, provided that the ultimate beneficiaries should be the people. This is where the Presidential Task Force set up to facilitate the implementation comes in handy. The ball is now in the court of the President and the National Assembly to match their vows with positive and meaningful actions that will improve the security situation across the nation.

NIGERIAN TRIBUNE
24th September, 2026

(Constitutional Principles and Institutional Safeguards for State Policing in Nigeria) Human Rights Human rights should be regarded as a central objective of democratic policing rather than a constraint upon it. The purpose of policing is to protect life, liberty, dignity and security while maintaining public order. State Police institutions should therefore be guided by the principles of legality, necessity, proportionality and non-discrimination, with human rights protections embedded in recruitment, training, operations and accountability systems. National Cohesion The decentralisation of policing should strengthen rather than weaken the unity of the Federation. State Police should enhance local responsiveness while operating within a common constitutional framework and shared national standards. The objective is not to create thirty-six isolated policing systems but a coordinated national architecture in which federal and state institutions complement one another. Taken together, these principles provide the framework for evaluating the constitutional, legislative and institutional choices that will shape the future of State Police in Nigeria. They underscore a central reality: the success of policing reform will be determined not merely by where authority is located, but by how that authority is exercised, constrained and held accountable in service of the Nigerian people. II. Constitutional Design: Balancing State Autonomy and National Cohesion The introduction of State Police requires more than the transfer of policing powers from the Exclusive Legislative List to the states. It requires a constitutional architecture that balances state autonomy with national cohesion. The objective should be to strengthen local security governance while preserving national security, constitutional integrity and coordinated law enforcement across the Federation. The Constitution should establish a clear division of responsibilities between Federal and State policing institutions. Federal Police should retain exclusive responsibility for: Terrorism and counterterrorism; Treason and offences against the state; Interstate organised crime; Transnational criminal networks; Border security; Cybercrime of national significance; Protection of federal assets and institutions; and Crimes affecting national security. These functions require specialised capabilities, interstate coordination and national oversight. State Police should primarily focus on: Community safety; Local law enforcement; Public order; Enforcement of state laws; Crime prevention; and Local intelligence gathering. Their principal advantage lies in proximity to communities, local knowledge and responsiveness to local security concerns. However, jurisdictional clarity alone will not guarantee effectiveness. Many security threats cut across state boundaries and require coordinated responses. The National Policing Bill should therefore establish mandatory frameworks for intelligence sharing, joint operations, interoperable information systems, cross-jurisdictional investigations, dispute resolution and federal-state operational coordination. The objective should not be the creation of competing police institutions but a coordinated national policing architecture that combines local responsiveness with national security effectiveness. III. Constitutional Safeguards Against Political, Ethnic, Religious and Sectional Capture The greatest risk associated with State Police is not decentralisation itself but capture. The central challenge is ensuring that policing institutions remain accountable to the Constitution and the rule of law rather than to political, ethnic, religious or sectional interests. Because police institutions exercise powers of arrest, detention, investigation and the lawful use of force, their legitimacy depends on public confidence that those powers will be exercised fairly and impartially. The constitutionalisation of State Police must therefore be accompanied by explicit safeguards against discrimination and domination. Sections 14(4) and 42 of the Constitution provide an appropriate foundation. Section 14(4) requires state institutions to reflect diversity and prevent sectional domination, while Section 42 prohibits discrimination on grounds including ethnicity, religion, community, place of origin and political opinion. Accordingly, the Constitution and National Policing Bill should require: Diversity and representativeness in recruitment and promotion; Protection of minority ethnic and religious communities; Gender inclusion requirements; Transparent deployment policies; Prohibition of ethnic profiling; Prohibition of discriminatory policing practices; and Public reporting on diversity indicators. Importantly, recruitment should be based on residency, merit and competence rather than indigeneity. State Police should be institutions of constitutional citizenship rather than instruments of ethnic, religious or partisan control. Their legitimacy will ultimately depend on whether all communities regard them as fair, impartial and equally protective of their rights. IV. Governance, Oversight and Accountability Strong policing requires strong accountability institutions. The decentralisation of policing authority must therefore be accompanied by the decentralisation of oversight and redress mechanisms. Every State Police Service should be supervised by an independent State Police Service Commission responsible for recruitment, promotion, discipline, professional standards and human resource management. Appointments should involve multiple institutions and include representatives of civil society, the legal profession and retired security professionals. Commissioners should enjoy security of tenure to safeguard independence. Each state should also establish an Independent Police Complaints Authority with powers to receive complaints, conduct investigations, recommend sanctions, refer criminal conduct for prosecution and publish periodic reports. These bodies must be adequately funded and legally empowered to compel cooperation. State Houses of Assembly should establish dedicated policing and public safety committees responsible for reviewing budgets, performance reports, accountability records and human rights compliance. State Police Services should be legally required to publish annual reports, budget information, procurement data, crime statistics and complaints records. Transparency should be a statutory obligation rather than an administrative choice. V. Professional Recruitment, Vetting, Training and Doctrine The quality of policing ultimately depends on the quality of police officers. State Police should therefore be viewed not only as a constitutional reform but also as a long-term professionalisation project. The National Policing Bill should establish mandatory national standards for recruitment, training and professional conduct. All recruits should undergo criminal record screening, financial integrity assessments, human rights vetting, psychological evaluation and community character verification. These safeguards are essential to ensuring that individuals entrusted with coercive powers possess the integrity and temperament required for democratic policing. National training standards should cover criminal investigations, intelligence gathering, community policing, human rights, evidence management, digital forensics, election security and conflict resolution. Training should be continuous throughout an officer’s career. The Federal Government should also establish a common policing doctrine governing the use of force, arrest and detention, public order management, investigative standards and the treatment of detainees. Shared doctrine will help maintain consistent professional standards across federal and state institutions. The establishment of State Police will require substantial investment in training infrastructure, specialised academies and instructor development. Professionalism cannot be legislated into existence; it must be systematically built. VI. Community-Centred Policing The purpose of State Police should not be merely to transfer policing authority from Abuja to state capitals. The objective should be to bring policing closer to citizens and strengthen public participation in security governance. A truly federal policing system must be anchored in communities rather than government offices. Accordingly, every State Police Service should establish: Community Safety Councils; Local Security Advisory Committees; Citizen feedback mechanisms; Public complaint platforms; Community policing plans; and Annual public consultations. Read the rest on www.tribuneonlineng.com These mechanisms would improve trust, strengthen intelligence gathering and support collaborative problem-solving between police institutions and communities. States should also conduct periodic public confidence surveys and publish the results. Ultimately, the legitimacy of State Police will depend not only on crime statistics but on whether citizens feel safer, heard and respected. Effective policing is as much about public trust as it is about law enforcement. VII. Human Rights and Democratic Safeguards The legitimacy of policing depends on respect for rights. Police institutions exercise powers that directly affect the liberty, dignity and security of citizens and must therefore operate within strict constitutional and legal limits. The decentralisation of policing authority makes robust safeguards even more important, as it increases the number of institutions exercising coercive powers across the Federation. The National Policing Bill should require compliance with: The Constitution of the Federal Republic of Nigeria; The African Charter on Human and Peoples’ Rights; The International Covenant on Civil and Political Rights; and The Convention Against Torture. These obligations should be reflected in training, operational procedures, supervision and accountability systems. Specific safeguards should include: Prohibition of torture; Independent investigation of deaths in custody; Mandatory recording of arrests and detentions; Digital custody management systems; Public reporting on use-of-force incidents; Protection of journalists; Protection of human rights defenders; and Protection of freedom of assembly and association. Particular attention should be given to policing during elections and public demonstrations. The Bill should establish clear standards for crowd management, public assemblies and election-related deployments, supported by independent monitoring and review mechanisms. Human rights protections should be embedded in the design of State Police from the outset. The true test of a democratic policing system is not simply its ability to prevent crime, but its ability to do so while respecting the rights and freedoms of citizens.

NIGERIAN TRIBUNE
24th September, 2026

(Constitutional Principles and Institutional Safeguards for State Policing in Nigeria) FOREWORD Going by the express provisions of section 14 (2) (b) of the Constitution of the Federal Republic of Nigeria, 1999, which states that the security and welfare of the people shall be the primary purpose of government, the federal government of Nigeria, revived the debate over state police. This was one of the major campaign promises of President Bola Ahmed Tinubu, as reflected in the now famous APC Manifesto. An executive bill submitted to the National Assembly has since been harmonised in apparent readiness for its consideration and passage by the houses of assembly of the States. Many Nigerians support community policing, when it is meant to involve the people at the grassroots in intelligence gathering and processing, working under established procedures and guidelines that are well structured and where roles, responsibilities and powers are properly defined and understood. Given the rising state of insecurity across the length and breadth of the land, a Presidential Working Group on the National Policing Bill has since been constituted to facilitate passage of the much-awaited state police bill, consisting of eminent personalities, experts and professionals. Civil Society Organisations and Governance Experts working on governance, human rights, security sector reform, democratic accountability and constitutional development in Nigeria have now submitted a Memorandum to the Presidential Working Group containing very insightful comments accompanied with a Draft Bill on National Policing, the main message being that the decentralisation of policing must not become decentralisation of impunity. Please permit me to share highlights of the said Memorandum with you all. Executive Summary Nigeria stands at a defining constitutional moment. The proposed establishment of State Police represents the most significant restructuring of Nigeria’s internal security architecture since the return to democratic governance in 1999. The passage of the Constitution Alteration (State Police) Bill and the inauguration of the Presidential Working Group on the National Policing Bill have moved the debate beyond the question of whether State Police should exist. The more pressing question now is how State Police should be designed, governed and regulated to strengthen public safety while preserving constitutional democracy, national cohesion and the rule of law. The Presidency has indicated that the forthcoming National Policing Bill will address issues including minimum policing standards, state readiness certification, federal-state coordination, accountability, human rights safeguards and fiscal conditions. This memorandum argues that the State Police debate is fundamentally a governance debate rather than merely a federalism debate. Nigeria’s security challenges are not solely the result of excessive centralisation. They are equally the product of weak institutions, inadequate accountability, poor police welfare, insufficient training, weak investigative capacity, ineffective oversight, corruption, declining public trust and political interference. Unless these underlying governance deficits are addressed, State Police may simply decentralise existing institutional weaknesses. The success of State Police will therefore depend less on where policing powers are located and more on the quality of institutions that govern the exercise of those powers. This memorandum proposes a constitutional and institutional framework for State Policing built around nine pillars: 1. Constitutional and Federal Design. 2. Guiding Principles for State Policing Reform. 3. Protection Against Political, Ethnic, Religious and Sectional Capture. 4. Governance, Oversight and Accountability. 5. Professional Recruitment, Vetting, Training and Doctrine. 6. Community-Centred Policing. 7. Human Rights and Democratic Safeguards. 8. Fiscal Sustainability, Weapons Management and State Readiness Certification. 9. Transition and Implementation Framework. Our central recommendation is straightforward: Nigeria should not merely create State Police. Nigeria should create constitutional institutions capable of governing State Police. Introduction: The State Police Debate Is Really a Governance Debate For decades, discussions about State Police in Nigeria have been framed primarily as debates about federalism. Proponents argue that a country as large and diverse as Nigeria requires policing institutions that are closer to communities and better able to address local security challenges. Opponents caution that State Police could become instruments of political repression in the hands of governors, particularly where institutional checks and balances remain weak. They fear that decentralising policing powers without adequate safeguards could deepen political intimidation, electoral manipulation and human rights abuses. Both positions contain important truths. Yet the central issue is not whether policing authority should reside in Abuja or in state capitals. The more fundamental question is whether Nigeria can design institutions capable of governing policing power responsibly, effectively and constitutionally wherever that power is located. The success of State Police will depend less on decentralisation itself and more on the constitutional safeguards, accountability mechanisms and professional standards established to govern it. Nigeria’s policing challenges are not solely products of excessive centralisation. They also reflect deeper governance weaknesses, including poor police welfare, inadequate training, weak investigative capacity, corruption, political interference, ineffective oversight and declining public trust. Establishing thirty-six additional police services without addressing these underlying weaknesses risks decentralising institutional dysfunction rather than improving public safety. International experience reinforces this lesson. Federal democracies such as Canada, Germany and Australia operate decentralised policing systems within constitutional frameworks that provide clear jurisdictional boundaries, independent oversight institutions and professional standards. Decentralisation succeeds because it is supported by strong governance institutions. Where such safeguards are weak, decentralised policing can become vulnerable to political capture, corruption and abuse of power. This reality is particularly important in Nigeria because police institutions exercise significant coercive powers, including arrest, detention, investigation and the lawful use of force. In a federation characterised by diversity and intense political competition, the State Police debate must extend beyond questions of constitutional restructuring to broader issues of accountability, inclusion, political neutrality and democratic governance. The National Policing Bill should therefore be viewed not merely as a security-sector reform but as a state-building initiative with profound implications for federalism, democracy, human rights and national cohesion. The objective is not simply to create State Police, but to establish a constitutional policing system that strengthens security, deepens democracy and ensures that the decentralisation of policing does not become the decentralisation of impunity. Ultimately, success will depend on the constitutional and institutional architecture established to govern policing power. I. Guiding Principles for State Policing Reform The debate on State Police has often focused on institutional structures, constitutional powers and operational arrangements. While these issues are important, institutional design alone cannot guarantee effective, accountable or democratic policing. The success of State Police will depend on the principles that guide its establishment, governance and operation. These principles should provide the normative foundation for constitutional provisions, legislation and administrative practice, ensuring that policing reform remains focused not merely on institutional form but on the public purposes policing is intended to serve. Subsidiarity Public responsibilities should be exercised at the lowest level capable of performing them effectively. Applied to policing, this means that security functions should be discharged as close as possible to affected communities, consistent with efficiency, accountability and national security. Local institutions are often better positioned to understand community dynamics, gather intelligence and respond to emerging threats. However, subsidiarity does not imply complete decentralisation. Threats such as terrorism, organised crime and transnational criminal activity require national coordination and capabilities. The objective should therefore be a policing architecture that allocates responsibilities to the most effective level while preserving federal coordination. Constitutionalism State Police must be firmly anchored in constitutionalism. Because policing institutions exercise significant coercive powers, including arrest, detention, investigation and the lawful use of force, they must remain subject to constitutional limits, judicial oversight and the rule of law. The objective is not merely to create new policing institutions but to ensure that policing authority is exercised within clearly defined legal boundaries and remains accountable to constitutional norms rather than political interests. Accountability The decentralisation of policing authority must be accompanied by the decentralisation of accountability. State Police cannot command public trust without effective oversight and redress mechanisms. Accountability should operate through legislative oversight, judicial review, independent complaints bodies, internal disciplinary systems, public reporting and citizen engagement. These mechanisms are essential not only for addressing misconduct but also for strengthening institutional performance and legitimacy. Inclusion Nigeria’s diversity requires inclusion to be a foundational principle of State Police reform. The legitimacy of policing institutions depends on whether citizens perceive them as fair, representative and impartial. Inclusion requires equitable opportunities in recruitment, promotion, deployment and leadership appointments, together with safeguards against ethnic, religious and other forms of discrimination. State Police should reflect the populations they serve and provide equal protection under the law to all communities. Professionalism The effectiveness of State Police will ultimately depend on the competence and integrity of its personnel. Recruitment, training, promotion and operational decision-making should be based on merit, professional standards and objective criteria rather than political patronage or sectional interests. Professional policing requires continuous investment in training, leadership development, technology and ethics, supported by a common doctrine that promotes impartiality, discipline and public service.

NIGERIAN TRIBUNE
24th September, 2026

Introduction The civic space in Nigeria is getting choked day by day through various interferences from both state and non-state actors. The protection and enforcement of civil rights and obligations has become endangered in the social milieu of very undemocratic practices. Some even say it has gotten to such a stage of comparing our current experiences with the military era, which we claimed was a product of dictatorship. Though opinions differ on this, but we should not get to a period when there is even the slightest comparison between civilian rule and military junta, as that would mean a huge loss from the struggles of our heroes past and all that we have gained from our past experiences. In the past, citizens were free to engage the government on burning national issues with the aim of achieving good governance, without the fear of persecution, censorship or collateral liability. The various laws being proposed to regulate the media smacks of intolerance of principled opposition, which from whatever angle it is viewed, is dangerous for democracy. A few weeks ago, activists, civil society and non-governmental organisations gathered together in Abuja to brainstorm on the mode of intervention to rescue our fragile civilian government from its apparent phobia. Please permit me to share with you the details of an abridged version of the press statement released by what can best be described as a gathering of the faithful. The Press Statement We, the undersigned Nigerian, African and international human rights organisations and civil society organisations, are gravely concerned by the growing number of restrictive and repressive bills currently before Nigeria’s National Assembly. If enacted, these bills would significantly expand executive control over civic life and further undermine the rights to freedom of expression, peaceful assembly, freedom of association, media freedom, access to information, democratic participation and the rule of law. These legislative proposals are being considered at a time when civic space in Nigeria is experiencing one of its most serious periods of decline since the country’s return to democratic rule in 1999. Since President Bola Ahmed Tinubu assumed office in May 2023, the authorities have increasingly relied on restrictive laws, politically motivated prosecutions, strategic lawsuits, arbitrary arrests, intimidation and judicial harassment against journalists, bloggers, media organisations, human rights defenders, civil society organisations and other individuals peacefully exercising their constitutional rights. Examples Of Intolerance Recent examples include the continuing prosecution of activist and publisher Omoyele Sowore, the misuse of the Cybercrimes Act to target journalists and government critics, and repeated attempts to intimidate independent media and civil society organisations. International monitoring has also documented this deterioration. In May 2026, the Committee to Protect Journalists (CPJ) reported 91 cases of journalists being arrested, attacked or otherwise harassed across 13 states and the Federal Capital Territory during the first three years of the current administration. In the context of the broader pattern of repression and authoritarian practices in Nigeria, the pending bills are not isolated legislative initiatives. Rather, they represent an increasingly coordinated legislative effort to expand executive control over civil society, independent media and digital spaces while curtailing civic participation, public scrutiny and democratic accountability. The timing of these proposals is particularly concerning as Nigeria prepares for the 2027 general elections. Rather than creating an open environment where citizens, journalists, civil society organisations and political actors can participate freely, these measures risk entrenching fear, self-censorship and intolerance of dissent. Independent advocacy, investigative journalism and public scrutiny are not threats to democracy; they are essential safeguards of constitutional governance and accountability.Nigeria has repeatedly reaffirmed its commitment before the African Union, the Economic Community of West African States (ECOWAS), the United Nations and other international bodies to uphold democracy, human rights and the rule of law. The National Assembly therefore has a constitutional and international legal responsibility to strengthen—not weaken—the protections that safeguard civic space and democratic governance. We are particularly alarmed by the Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026 (SB.1034), which would confer sweeping powers on the authorities to monitor, regulate, sanction, suspend and potentially shut down non-governmental organisations, civil society organisations and private entities receiving foreign assistance under the guise of promoting transparency, accountability and the prevention of the misuse of foreign aid. Clause By Clause Review Of The Proposed Bills While Sections 1 and 2 of the Bill identify legitimate objectives, including transparency, accountability and preventing misuse of foreign aid, they establish an overly broad regulatory framework that fails to distinguish between public funds received by government institutions and private philanthropic resources received by independent organisations. This risks transforming public financial regulation into state control over the constitutionally protected activities of independent associations. Sections 3–5 establish the Foreign Aid Regulatory Commission (FARC) with extensive powers to register recipients, demand information, conduct inspections and audits, impose sanctions and enforce compliance with undefined “national policies and priorities”. These powers duplicate functions already performed by existing institutions, including the Corporate Affairs Commission, the Economic and Financial Crimes Commission (EFCC) and the Special Control Unit against Money Laundering (SCUML), while creating a new regulator with broad discretionary authority. The Bill fails to demonstrate that these existing legal and institutional frameworks are inadequate or incapable of achieving its stated objectives. Sections 6–8 require every recipient of foreign assistance to register with FARC within 30 days, criminalise non-registration, impose extensive disclosure requirements through a National Foreign Aid Register, and require detailed reporting obligations regardless of the nature, size or risk profile of the funding. Sections 9–11 impose further controls by requiring annual audits and compelling foreign-funded projects—including those undertaken by independent civil society organisations—to align with government-defined national development priorities. This creates significant risks of executive interference in legitimate human rights, governance, anti-corruption, public interest litigation and accountability work.Sections 12–16 impose severe criminal and administrative sanctions, including fines, imprisonment, suspension or revocation of operational licences, broad regulation-making powers for the Commission, and an extremely broad definition of “foreign aid” capable of capturing virtually all forms of international financial and technical assistance. These provisions establish a sweeping, duplicative and disproportionate framework that threatens civil society independence, discourages legitimate international cooperation and humanitarian assistance, and interferes with constitutionally protected rights. Censorship Of Social Media Platforms We are equally concerned by legislative proposals seeking to compel social media platforms to establish physical offices in Nigeria or face prohibition from operating in the country. Although presented as regulatory measures, such proposals would substantially increase governmental leverage over digital platforms that facilitate public debate, access to information and civic participation. Conditioning access to Nigeria’s digital market on physical establishment, backed by the threat of prohibition, is neither necessary nor proportionate to any legitimate regulatory objective. Such measures risk facilitating censorship, restricting access to information, discouraging innovation and investment, and encouraging private companies to prioritise political pressure over internationally recognised human rights standards. Both the Foreign Aids (Regulation, Transparency and Disclosure) Bill and the proposed legislation requiring social media platforms to establish physical offices in Nigeria are incompatible with Nigeria’s constitutional, regional and international human rights obligations. Sections 39 and 40 of the Nigerian Constitution 1999 (as amended) guarantee freedom of expression, peaceful assembly and association, while Section 22 recognises the vital role of the media in holding government accountable. International Covenants And Instruments Nigeria is also bound by the African Charter on Human and Peoples’ Rights, which forms part of Nigerian law through the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act. Article 1 requires Nigeria to adopt legislative and other measures to give effect to the rights protected under the Charter, including freedom of expression (Article 9), freedom of association (Article 10), freedom of assembly (Article 11) and participation in public affairs (Article 13). Nigeria is further bound by the International Covenant on Civil and Political Rights (ICCPR). Articles 19, 21, 22 and 25 protect freedom of expression, peaceful assembly, association and participation in public affairs, while Article 2 requires Nigeria to ensure that domestic laws give full effect to these rights. Under Article 2 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), Nigeria must ensure that its domestic legal framework remains consistent with its treaty obligations. Any restriction on these rights must satisfy the requirements of legality, legitimate purpose, necessity and proportionality under Articles 19(3), 21 and 22(2) of the ICCPR. The proposed bills fail to meet these standards. The Foreign Aids Bill is also inconsistent with the United Nations Declaration on Human Rights Defenders. Article 13 recognises the right of everyone, individually and in association with others, to solicit, receive and utilise resources for the peaceful promotion and protection of human rights. Article 3 requires that any regulation of such activities be consistent with the UN Charter and international human rights obligations. The Bill further conflicts with the African Commission on Human and Peoples’ Rights’ Guidelines on Freedom of Association and Assembly in Africa, which require States to facilitate rather than control the work of associations. It is also inconsistent with Financial Action Task Force (FATF) Recommendation 8, which requires measures affecting non-profit organisations to be targeted, risk-based and proportionate and rejects blanket regulatory approaches. JUDICIAL PRECEDENTS Regional and international courts have consistently rejected disproportionate restrictions of this nature. The African Court on Human and Peoples’ Rights has affirmed that limitations on Charter rights must satisfy strict requirements of legality, necessity and proportionality and must not destroy the essence of the protected right. Similarly, in Commission v Hungary (Transparency of Associations) (Case C-78/18), the Court of Justice of the European Union held that transparency objectives cannot justify discriminatory or disproportionate restrictions on organisations receiving international support or create a climate of suspicion towards independent civil society. International cooperation is essential to the work of many Nigerian civil society organisations. International support enables organisations to undertake human rights monitoring, anti-corruption advocacy, humanitarian assistance, legal aid, election observation, public interest litigation and other activities that strengthen constitutional governance. Such support is a legitimate form of international cooperation, not evidence of foreign interference. THE RESOLUTIONS We therefore call upon the Senate President, the Speaker of the House of Representatives, the leadership of both chambers and all members of the National Assembly to: 1. Immediately withdraw the Foreign Aids (Regulation, Transparency and Disclosure) Bill, 2026 (SB.1034), the Bill requiring social media platforms to establish physical offices in Nigeria, and all other pending bills that unjustifiably restrict civic space, the rights to freedom of expression, association, peaceful assembly, media freedom, access to information and democratic participation. 2. Ensure that all future legislation affecting civil society organisations, digital rights, media freedom or civic participation complies fully with the Nigerian Constitution, the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights and other applicable international human rights standards. 3. Conduct genuine, transparent and meaningful consultations with civil society organisations, journalists, human rights defenders, professional associations, digital rights organisations, development partners and other affected stakeholders before adopting reforms affecting civic freedoms. 4. Reaffirm Nigeria’s commitment to constitutionalism, accountability, transparency, the rule of law and respect for human rights. The National Assembly now faces a defining constitutional choice. It can enact legislation that expands executive control, shrinks civic space and accelerates democratic decline, or it can uphold the Nigerian Constitution, honour Nigeria’s binding regional and international human rights obligations, and reaffirm the country’s commitment to democratic governance, accountability and the rule of law. We urge the National Assembly to reject these repressive bills in their entirety and instead enact legislation that protect civic space, strengthen transparency and accountability, promote meaningful public participation, and reinforce the constitutional and democratic values on which Nigeria’s future depends.

NIGERIAN TRIBUNE
23rd September, 2026

Whether Filing of Joint Notice of Appeal Allowed in Criminal Matters: Although, in civil matters, the appellants are at liberty to file a joint notice of appeal, the filing of a joint notice of appeal is not allowed in criminal matters. A joint notice of appeal filed in criminal matters will be incurably defective and incompetent, this is so because it will complicate the appeal and imply that the appellant is inviting the appellate court to determine the rights of the co-accused as well. A court is bound to strike out such notice of appeal even without inviting counsel to address the court on the issue and such will not occasion a miscarriage of justice. This is because any appeal originated without following the rules of court is incompetent. In this case, the failure of the respondent to include names of his co-accused as respondents on the notice of appeal was not an irregularity and it did not affect the merits of the appeal as constituted at the Court of Appeal. Whether it is Mandatory in Criminal Appeals to Include the Names of Co-accused in a Notice of Appeal: In criminal appeals, it is not mandatory for an appellant to include the names of co-accused at the trial court in his notice of appeal, if those co-accused are not affected by the appeal. The Court of Appeal Rules generally outline the requirements for a notice of appeal, which center on the appellant and the judgment. It is therefore not necessary for an appellant to endorse his co-accused as part of the parties to the appeal when the appeal is for himself only. The rules do not impose a mandate on a sole appellant to include his co-accused, this is because it implies that the lower court was being invited to determine the rights or involvement of other defendants in the appeal filed thereat. Conversely, if a co-accused is not appealing, or has been acquitted, or their case is entirely distinct from the appellant’s grounds of appeal, there is no legal or procedural requirement to name them in the notice of appeal. Therefore, including unaffected parties would be superfluous and could potentially complicate the appeal process by introducing irrelevant details. The Individualised or Personalised Nature of Criminal Appeals: The entire gamut of a criminal appeal is individualised or personalised. Sections 27 of the Court of Appeal Act and 30 of the Supreme Court Act emphasize the appellant’s right to be present during the hearing of his criminal appeal which further emphasized the personalised nature of the appeal process. The focus is on the individual appellant’s rights and his challenge to the judgment or ruling. Therefore, an appellant’s notice of appeal should primarily concern himself and the respondent, without necessarily listing co-accused who are not parties to the specific appeal being filed. The attitude of appellate court to an appellant’s brief which proffers argument in respect of a co-accused who has a separate appeal is one of displeasure. The appeal of a co-accused even, where they exist, are treated distinctly thereby reinforcing the idea that an appellant’s appeal is personal. The appellate court’s jurisdiction is invoked by the appellant to review the decision affecting him, not to re-litigate the entire trial involving all original parties. The Method of Filing Notices of Criminal Appeals at the Court of Appeal: The method of filing notices of criminal appeals in the Court of Appeal is provided for under Order 17, rules 1-5, part 3 of Court of Appeal Rules 2021. Order 17, rule 1 states that the order shall apply to appeals to the court from any court or tribunal acting either in its original or appellate jurisdiction in criminal cases, other than a Court Martial, and to matters related thereto. Order 17, rules 2 to 5 allow individuals who are aggrieved by the judgment of the trial court to file notice of appeal or any other application and sign same either personally or by a legal representative. It does not require that all the defendants at the court must be listed as appellants or respondents as the case may be on the notice of appeal. How Right of Appeal is Exercised in Criminal Matters at the Court of Appeal: By provision of Order 17, rules 1-5 of the Court of Appeal Rules, 2021, a right of appeal is exercised individually by the appellant, even where the appellant is tried along with other persons. Order 17 rules 2 to 5 allow individuals who are aggrieved by the judgment of the trial court to file the Notice of Appeal or any other application and sign same either personally or by a legal representative. It does not require that all the defendants at the trial court must be listed as appellants or respondents as the case may be on the notice of appeal. The Nature of Appeal and What a Rehearing of Appeal Entails: All appeals shall be by way of rehearing. A rehearing is a review of the judgment as it pertains to the specific appellant and his challenge to the findings or sentence against him. A rehearing is distinct from a retrial, in the sense that it is not a retrial of all parties involved in the original case. The Power of Chief Judge of Federal High Court to Make Rules: By section 254 of the Constitution of Nigeria, 1999 (as amended), the Chief Judge of the Federal High Court is empowered, subject to the provisions of any Act of the National Assembly, to make rules regulating the practice and procedure of the Federal High Court. The Presumption of Regularity of Official and Judicial Acts: By virtue of section 168 (1) of Evidence Act, when any judicial or official act is shown to have been done in a manner substantially regular, it is presumed that formal requisites for its validity were complied with. This is enshrined in the Latin maxim “omnia praesumuntur rite esse acta donec probetur in contrarium, which means that all acts are presumed to have been done rightly and regularly until the contrary is proved. It is a rebuttable presumption that holds true unless sufficient evidence is presented to prove otherwise. This provision is crucial for the efficient functioning of the legal and administrative systems. It relieves parties from the onerous burden of proving every minute detail of procedural compliance for acts performed by public officials or judicial bodies, thereby fostering public confidence in the integrity of such processes. For instance, if a court order is issued or the court performs its administrative functions, it is presumed that all necessary procedural steps were observed, unless evidence to the contrary is adduced. In the instant case, the respondent failed to prove that the Chief Judge did not comply with the formal requirements within 3 days before the matter was transferred to Abuja. The Court of Appeal was therefore in error when it held that the trial court did not have jurisdiction to entertain the matter. The Importance of Jurisdiction and How it is Conferred: The issue of jurisdiction is critical in the hearing and determination of any case before a court. Jurisdiction is conferred on the court by statute. The court cannot gift itself jurisdiction neither can the parties confer jurisdiction on the court. When an issue of jurisdiction arises, the relevant statute must be scrutinized to determine the issue. The Primary Purpose of a Notice of Appeal: The primary purpose of a notice of appeal is to identify the appellant, the respondent, the decision being appealed against, and the grounds of appeal. The focus is on the appellant’s grievance with the judgment of the lower court as it relates to his individual case. Power of Supreme Court to Formulate Issues for Determination and Basis of: The Supreme Court is at liberty and possesses the power to accept, reject or modify all or any of the issues formulated by the parties and frame its own issues, if such issues as formulated by the parties will not lead to a proper determination of the appeal. The purpose of formulating issues for determination is to narrow the issues in controversy between the parties in the interest of accuracy, clarity and brevity to lead to more judicious and proper determination of an appeal. POSTSCRIPT: This case highlights the power and influence of the Court over virtually all matters as allowed or defined by law. The point to make is that the judiciary is and remains the gateway to justice through which the security agencies can and should collaborate to fight terror, crime and other criminalities. Anything short of this will amount to self-help and may actually work to defeat the purpose. Presently, Nigeria’s primary legal weapon against insecurity is the Terrorism (Prevention and Prohibition) Act of 2022. This law establishes the National Counter-Terrorism Centre (NCTC) under the Office of the National Security Adviser (ONSA) to coordinate all national security responses. The framework strengthens anti-terrorism efforts through specific statutory mechanisms, such as sections 2 and 3 which empower the Federal High Court, upon an application by the Attorney-General, to declare an organisation a terrorist group. This criminalizes membership and possession of its insignia. Section 53 mandates the freezing, seizure, and forfeiture of funds or property suspected to be linked to terrorist financing. Financial institutions must report suspicious transactions immediately to the Nigerian Financial Intelligence Unit (NFIU). Section 29 permits law enforcement agencies to intercept communications, tap telephone lines, and access computer systems through an ex-parte application for approval by the Federal High Court to balance state security with privacy rights. In appropriate situations, cases like that of FRN v Jokolo should serve to guide us on how to deploy judicial power in the fight against crime and criminals.

NIGERIAN TRIBUNE
23rd September, 2026

INTRODUCTION Nigeria is facing multi-dimensional attacks from various terror groups across the Sahel region, ranging from banditry, armed robbery, cattle rustling, land grabbing, kidnapping to brute terrorism. There are different versions of the philosophy underpinning this global menace, from supposed economic imbalances to political alliances, mines and minerals, territorial conquests and even religion. The important thing is for the government and the people to rise up to the occasion to provide adequate safety and protection for all. It bears repeating, even for a trillion times now and always, that the ultimate purpose of government is the security and welfare of the people. In all cases, the resort to law by the government and all state and non-state actors as one of the major sources of combating and addressing this malaise must be supported and commended by all. In many ways, we are all affected by the multiplication of these terror groups across different parts of the nation, necessitating urgent and effective action plans and modalities for prompt containment, mass resistance and ultimate dismantling. This is why the case of FRN v Jokolo has featured in this space, given the ingenious manner in which the head of one of the avenues of combating terrorism, deployed his administrative and judicial power to aid effective prosecution. The investigating and prosecuting agencies involved are equally commended for their commitment and diligence. THE FACTS OF THE CASE The facts of this case, as reported in FRN v Jokolo (2026) 12 NWLR (Pt.2054) 351 are that the respondent was the 3rd defendant with seven other defendants who were initially charged and arraigned before the Federal High Court, Kano Judicial Division, on 28-count charge of money laundering and conspiracy contrary to sections 14(1)(a), 15(1), (3) and 17(a) of the Money Laundering (Prohibition) Act, 2004. Upon application by the prosecuting agency, the case was subsequently transferred to the Abuja Division of the Federal High Court by the Chief Judge of the Federal High Court for security reasons. At the trial, the prosecution in proof of the charge preferred against the respondent called 17 witnesses and tendered a bundle of documents which were admitted as exhibits, and closed its case. The respondent and other defendants elected to make a no-case submission. THE DECISION OF THE COURTS The trial court in its ruling overruled the respondent’s no-case submission. Dissatisfied with the ruling of the trial court, the respondent appealed to the Court of Appeal, which unanimously allowed the appeal on the grounds that the Federal High Court, Abuja Judicial Division, lacked the territorial jurisdiction to entertain the case. The appellant was dissatisfied with the ruling of the Court of Appeal and appealed to the Supreme Court, which dismissed the said appeal. In determining the appeal, the Supreme Court considered the provisions sections 93(2), 98(1) and 387 of the Administration of Criminal Justice Act, 2015; Section 19 of the Federal High Court Act, and Order 17, Rules 1-5 of the Court of Appeal Rules, 2021. JUDGMENT OF THE SUPREME COURT The Power of Chief Judge of a High Court to Transfer a Criminal Case from One Court to Another and When Exercisable: By virtue of section 98(1) of the Administration of Criminal Act, 2015, the Chief Judge of a High Court may, where it appears to him that the transfer of a case will promote the ends of justice or will be in the interest of the public peace, transfer any case from one court to another. This power is a crucial tool to foster efficient administration of justice, especially in sensitive cases where security concerns, potential bias, or public unrest might compromise a fair trial or public order in the original jurisdiction. To underscore the importance of security in a criminal trial, section 93(2) of the Act also provides that a criminal charge shall be filed and tried in the division where the alleged offence was committed unless it can be shown that it is convenient to do otherwise for security reasons. The phrase “interests of the public peace” is particularly relevant to situations involving insecurity. In circumstances where the prevailing security situation in a particular territorial jurisdiction might compromise the safety of parties, witnesses, judicial officers, or the general public or might otherwise impede the fair and impartial conduct of a trial, the Chief Judge can invoke the power. The “ends of justice” also encompass the need to ensure that trials are conducted in an environment free from intimidation and undue influence, which insecurity can engender. The limitation under section 98(2) of the Act, that the power shall not be exercised where the prosecution has called witness, only implies that such transfers are generally intended for earlier stages of proceedings as it was in the instant case. The Power of Chief Judge of the Federal High Court to Transfer Criminal Case from One Court to Another: The power conferred on the Chief Judge of the Federal High Court to transfer a case from one territorial jurisdiction to another, particularly by reason of insecurity, is a critical aspect of judicial administration aimed at ensuring justice, public peace, and the integrity of judicial proceedings. The power is primarily derived from statutory provisions and is supported by judicial pronouncements. The Duty on Chief Judge Before Transferring a Case Based on Petition Under Administration of Criminal Justice Act, 2015: By virtue of section 98(3) and of the Administration of Criminal Justice Act, 2015, before a Chief Judge can exercise his powers to transfer a case to another judicial division, the application or petition to transfer shall be investigated within one week by not more than 3 reputable legal practitioners, who shall submit their report within 2 weeks of their appointment. In this case, the respondent’s argument that the Chief Judge could not have complied with the formal requirement within 3 days was speculative. The respondent failed to prove that the Chief Judge did not comply with the procedure as prescribed by the statute before the matter was transferred to Abuja. The Territorial Jurisdiction of Federal High Court vis-à-vis High Courts of a State and Federal Capital Territory: By virtue of Section 19 of the Federal High Court Act the court shall have and exercise jurisdiction throughout the Federation, and for that purpose the whole area of the Federation shall be divided by the Chief Judge into such number of Judicial Divisions (not less than four) as he may, from time to time, specify and he may designate any such Judicial Division or part thereof by such name as he may think fit. Thus, the Federal High Court enjoys nationwide jurisdiction, while a State High Court is confined to the territory of the State and the High Court of Federal Capital Territory is confined to Federal Capital Territory. The Limit to Application of Principle of Territorial Jurisdiction: The principle of territorial jurisdiction dictates that an offence shall be tried by a court exercising jurisdiction in the area or place where the offence was committed. This is enshrined in section 45(a) of the Federal High Court Act, which states that an offence shall be tried by a court exercising jurisdiction in the area or place where the offence was committed. This principle ensures that the court has the geographical competence to hear and determine the matter. However, this general rule is subject to the power of transfer statutorily conferred on the Chief Judge of the Federal High Court. In the instant case, the Chief Judge of the Federal High Court acted under section 98 of the Administration of Criminal Justice Act, 2015 and transferred the case from Kano to Abuja. In that situation, raising an issue of territorial jurisdiction is sterile and futile. The Power of Chief Judge of Federal High Court to Assign or Transfer Cases Within the Jurisdiction of the Court: The Chief Judge of the Federal High Court is bestowed with the administrative powers to assign cases to a court, withdraw a case from a particular court, and transfer cases anywhere within the jurisdiction, that is, within the entire Federation to promote the ends of justice. This power is exclusive and cannot be shared with the Chief Judge. The Effect of Transfer of Case from One Jurisdiction to Another: When a Chief Judge exercises the power to transfer a criminal case from one jurisdiction to another for security reasons under section 98(1) of Administration of Criminal Justice Act, 2015, it is generally not a requirement that the element of the offence charged must have been committed in the new jurisdiction to which the case is transferred. The power of transfer under section 98(1) of the Act is an administrative and judicial prerogative designed to ensure the ends of justice and public peace which takes precedence over the territorial jurisdiction rule for the specific purpose of the transfer. The Effect of Transfer of Criminal Cases from One Court to Another on Jurisdiction of Receiving Court: Once a case is validly transferred by the Chief Judge, the receiving court by virtue of section 387 of the Administration of Criminal Justice Act, 2015 acquires the necessary jurisdiction to hear and determine the matter, irrespective of whether the locus criminis falls within its geographical area. The jurisdiction of the new court is derived from the order of the Chief Judge, not from the original territory where the offence was allegedly committed. In the instant case, the question of whether any part of the offences charged was committed in Abuja was redundant and inessential. The Principle Guiding Criminal Appeals: The fundamental principle guiding criminal appeals is that an appeal is a challenge by an aggrieved party against a decision of a lower court that directly affects him. The notice of appeal serves to formally notify the appellate court and the respondent, typically the State or, as in the instant case at the lower court, the Federal Republic of Nigeria, of the appellant’s intention to appeal and the specific grounds upon which the appeal is based, pertaining to his own conviction or sentence.

NIGERIAN TRIBUNE
23rd September, 2026

INTRODUCTION The history of human rights dates back to creation itself being part of the inalienable heritage of mankind. The birth of a person presumes his right to life and to continue to live. So long as he is alive, he should be allowed to speak and to have his cause heard, to defend himself, to move around, to associate with other people, to aspire to develop himself, acquire and own property and desire to develop his potential to the maximum extent permitted by law. The right to fair hearing is in its own special class partly because it defines the individual and the parameters of his existence. He is entitled to be heard in any matter that concerns him or where his rights and obligations are to be determined. In the traditional parlance it is said that you cannot shave a person’s head in his absence or else the process would amount to deception. The head being the most important part of the human body, the person must be available for the head to be shaved. It will result in a nullity because it is either the person’s head was not the one shaved or no head was shaved at all. The right to fair hearing is so basic and fundamental that any proceedings conducted in breach of it is usually considered to be irredeemable illegality, no matter its gravity, excellence or necessity. The many branches of this fundamental right are almost inexhaustible. The case of Osumuo v Udeaja highlights the primacy of this special class of human right, being one of the foundations of adjudication, even though there are complaints about the effect of strict adherence to this ancient principle to our adjudicatory system, especially in the area of delays being experienced on account of its application both in the regular court and in quasi-judicial proceedings. In most cases, the adjudicator must insist on ensuring that the person concerned is adequately and definitely notified in order to avoid the proceedings being voided for non-compliance. Many have attributed this as being responsible partly though, for the elastic process of administration of justice in the country but this is not a process that can be by-passed or glossed over. It is intrinsic to the very fabric of adjudication itself and it is the major pillar without which the structure of justice cannot stand. This was aptly and admirably demonstrated in this case, which was decided based on the unique provisions of the High Court of Anambra State (Civil Procedure) Rules applicable at the material time. THE FACTS OF THE CASE The facts of the case are as reported in Osumuo v Udeaja (2026) 11 NWLR (Pt.2052) 443. At the High Court of Anambra State, the respondent instituted an action against the appellant claiming, inter alia, possession and damages in respect of a piece of land. Upon service of the originating process on the appellant, he counter-claimed against the respondent for similar reliefs. When the suit came up in court for hearing, the respondent and his counsel were absent. The trial court struck out the suit of the respondent for want of prosecution. It then fixed the counter-claim of the appellant for hearing. The court did not order a hearing notice to be issued and served on the respondent with regards to the hearing of the counter-claim. The counter-claim was heard in the absence of the respondent. In its judgment, the trial court granted the appellant’s counter-claim. Dissatisfied with the judgment, the respondent appealed to the Court of Appeal, which allowed the appeal, set aside the decision of the trial court, and ordered a retrial of the suit by the trial court. Aggrieved by the decision of the Court of Appeal, the appellant appealed to the Supreme Court which dismissed the appeal. JUDGMENT OF THE SUPREME COURT The Procedure for Hearing a Counter-Claim after Plaintiff’s Case is Struck Out: By virtue of Order 24 rule 14 of the High Court of Anambra State (Civil Procedure) Rules 1988, where the defendant in a case which has been struck out under rule 12 of the Order has a counterclaim, the court may proceed to hear the counterclaim and give judgment on the evidence adduced by the defendant, or may postpone the hearing of the counter-claim and direct notice of such postponement to be given to the plaintiff. The Interpretation of Clear Provision of a Statute is Clear: By virtue of the literal rule of interpretation, where a provision of a law is comprehension-friendly, the court should accord it its ordinary grammatical meaning without garnishing it with any linguistic beautification that has the tendency to belabour and befog its appreciation and obscure the intention of the legislature. In this case, the provision of Order 24 rule 14 of the High Court of Anambra State (Civil Procedure) Rules 1988 admits of no argument that the provision is clear in its connotation. To this end, the law compels the court to apply the literal canon of interpretation of statutes in construing it. The Interpretation of Order 24 rule 14 of the High Court of Anambra State (Civil Procedure) Rules, 1988: The provision of Order 24 rule 14 of the High Court of Anambra State (Civil Procedure) Rules, 1988 owns binary arms. The first arm grants the trial court the unbridled licence to proceed to entertain a counter-claim and render judgment, on the footing of the evidence adduced by the defendant, after a plaintiff’s suit is struck out. This arm presumes the presence of the plaintiff and knowledge of the proceeding during the gestation period of the counter-claim. The second arm equips the trial court with the vires to adjourn the determination of the counter-claim and issue notice of the postponement to the plaintiff. This arm, in sharp contrast to the first arm, envisages a situation where the plaintiff was absent during the proceeding that aborted the lifespan of his suit, hence the necessity for a notice of adjournment. Thus, whilst under the first arm of the provision, notice of proceeding to the plaintiff may be unnecessary, if he is apprised of it, it is a condition sine qua non for the second arm. In the instant case, the hearing of the counter-claim fell under the second arm of the provision. The respondent, who was the plaintiff before the trial court, whose suit was struck out in limine, was not present before and during the proceeding of the 29th July 2003 which terminated his suit in its embryo stage. The trial court was thus under a bounden duty to issue hearing notice for service on the respondent upon its postponement of the hearing of the appellant’s counter-claim. The Fundamental Nature of Service of Court Process on Party to a Proceeding: Nigeria operates an accusatorial system of adjudication in which service of court process on a party to proceeding is a fundamental right. It is the service of court process that vests a court with the requisite jurisdiction to entertain a matter. Service of hearing notice, the means and procedure to compel a party to appear in court, is imperative for adjudication. It ignites the jurisdiction of a court over a matter. The Meaning, Nature and Importance of Service of Hearing Notice: Hearing notice is a document, which is issued from the court registry, which gives legal notification to parties in a suit and the dates and time on which a case would be heard. A hearing notice must notify a party of the date and place of hearing of the proceeding for which it is being served. It must be against the date fixed/scheduled for hearing. It is a constitutional requirement which birthed the doctrine of fair hearing. The Effect of Failure to Serve Hearing Notice on a Party Where Necessary: Where it is necessary to serve a hearing notice, but it is not effected on a party, the court will be robbed of the vires to try or continue to hear an action, and any orders flowing from it will be a nullity. When Incumbent on Court to Order Issuance and Service of Hearing Notice: It is incumbent on a court to order for the issuance and service of hearing notice from day to today, inclusive of the date of delivery of judgment, on an absent party. In the instant case, there was nowhere the trial court ordered for hearing notice to issue on the respondent at the end of each day’s proceedings vis-à-vis the determination of the appellant’s counter-claim. Per OGBUINYA, J.S.C. at page 467, paras. A-D: “Curiously, the trial court, with due reverence, found it convenient not to order for the issuance of hearing notice to be served on the respondent at the end of each day’s proceeding, including the penultimate proceeding of 4th December 2003, which birthed the decision sought to be impugned and ostracised before the lower court, notwithstanding that the respondent was never a participant in the proceeding. The failure, a costly faux pas, flagrantly fractured this hallowed principle of law which is designed and tailored towards ensuring fair hearing to parties in proceeding. It cannot be gainsaid that in the face of the trial court’s non-ordering/ direction of service of hearing notice on the respondent, its decision on the counter-claim, which was nullified by the lower court, was/is a pessimi exempli of a lopsided judgment.” The Constitutional Duty on Courts to Ensure Fair Hearing to parties: The constitutional doctrine of fair hearing mandates the courts, on all the rungs of the judicial ladder, to create a congenial, egalitarian, and hospitable milieu for parties to ventilate their perceived grievances in the temple of justice. It decrees, under pain of nullity of proceeding in default, that courts shall accord equal treatment, opportunity, and consideration to the cases of all parties. This is encapsulated in the maxim: audi alteram partem.

NIGERIAN TRIBUNE
23rd September, 2026

On Whether “Damages” and “Compensation” Amount to Same Thing in Context of Section 11(5) and (6) Oil Pipelines Act: In the context of section 11(5) and (6) of the Oil Pipelines Act, the words “damages” and “compensation” carry identical connotations and can be used interchangeably. In the instant case, the appellant contended that by section 11(5) and (6) of the Oil Pipelines Act, the respondents could only seek compensation and not damages which they sought in their writ of summons and statement of claim. The use of “damages” in the respondents’ claim did not in any way affect the validity or competence of their claim. Hence, the respondents complied with the provisions of the Act and their claim was rightly entertained by the trial court. The argument of the appellant was rather pedestrian. On Meaning and Application of Doctrine of Exhaustion of Local Remedies: The doctrine of exhaustion of local remedies postulates that a party must exhaust all internal remedies donated to him by a statute, before approaching a court for redress. Where a party ignores them, his action would be declared premature and incapable of activating the jurisdiction of the court to entertain the action. The philosophical basis for the doctrine is, inter alia, to prune down the quantum of disputes that inundate the court for judicial determination. In essence, the doctrine is similar to an alternative dispute resolution mechanism which litigants are enjoined to embrace. On Onus of Proof of Malicious Act of Third Party: The defence of malicious act of a third party is provided in section 11 of the Oil Pipelines Act. B y virtue of sections 133(2), 136(1) and 140 of the Evidence Act 2011, the evidential burden of proof, vis-a-vis the malicious act of a third party, rests squarely on the shoulder of the person alleging the act; in this case, the appellant. This is because the appellant was the one who wished the court to believe in the existence of a particular fact, malicious act of a third party, which fact was within its knowledge. On Onus and Standard of Proof of Malicious Act of Third Party: The defence of malicious act of a third party, which translates to illegal oil bunkering, as typified and exemplified in DW2’s evidence-in-chief in the instant case, is a criminal act which the law demands must be proved beyond reasonable doubt by virtue of section 135(1) of the Evidence Act, 2011. In the instant case, the appellant claimed it reported the incident to the police, yet no police report of investigation pinned the cause of the spillage to a third party. The report was a causa sine qua non for proof of the hostile act of a third party. There was a drought of evidence to demonstrate that the leakage was occasioned by the malicious act of a third party to absolve the appellant from a liability. Thus, the onus probandi, which the law thrusts on the appellant alleging the defence of malicious act of a third party was not discharged, and therefore the defence remained unproved. On Effect of Successful Proof of Malicious/Hostile Act of Third Party in Oil Spillage: A party who pleads malicious/hostile act of a third party and proves it, is exculpated from any liability associated with injurious affection of oil leakage/breakage. The Meaning of Damages: Damages have been defined as the pecuniary compensation which the law awards to a person for the injury he has sustained by reason of the act of default of another, whether that act or default is a breach of contract or tort. The Meaning of Compensation and Whether it Amounts to Damages: Compensation connotes payment of damages, or any other act that a court orders to be done by a person who has caused injury to another. Compensation and damages amount to the same thing in their significance. They are synonymous and co-extensive, and are not mutually exclusive. Thus, it is not an affront to the law to deploy the two terms interchangeably in the temple of justice. Section 11 of the Oil Pipelines Act employs the two words interchangeably. In the instant case, the respondents’ claim of damages, in lieu of compensation, was not contrary to the provision of section 11 of the Oil Pipelines Act as to defeat their case. The claim in damages was cognizable in law. The Meaning of Special Damages: Special or particular damages are those damages which are the actual, but not necessary, result of the injury complained of but follow it as a natural and proximate consequence in a particular case; that is, by reason of special circumstances or conditions. In the instant case, the respondents’ claim was rooted in special damages. The Need for Special Damages to be Specially Pleaded and Strictly Proved: Special damages must be specifically pleaded with particulars and strictly proved. By strict proof, the law means that a party claiming special damages should establish his entitlement to them by credible evidence of such a nature and character that would suggest he is entitled to them. The Need for Special Damages to be Strictly Proved: An admission by an opponent party of special damages does not relieve a claimant from strict proof thereof. On When Court Will Award Both Special and General Damages: Where a party is able to show, or where it is glaring from the surrounding circumstances of the case and the nature of the injury suffered by the party that special damages would not adequately compensate for all the loss, the court must go ahead to award both special and general damages and this cannot be termed double compensation. Within the concept of where there is a wrong, the court must provide a remedy. In the determination of disputes and in the consideration of the matter before the court, where the claimant occasioned incidental loss, injuries, costs and other consequences resulting from the misconduct of the defendant, the court is obliged to make an assessment in general damages with the standard of the reasonable man. By the pleadings and evidence in the instant case, both special and general damages were proved with preponderance of evidence. What Amounts to Family Land: By definition, family land is land which vests in a group of persons and their children. It could also refer to land which had vested upon individuals who have descended from a common ancestry or pedigree, and including those such as domestics and strangers who have been incorporated into the family by the founder. At the death of the founder, all the empty land, farm land and houses acquired by him in his lifetime become family property. In plain language, the land belongs to the family of the said founder as a corporate entity in which case they become inalienable or they become distributable to the members of the founder’s family as defined by him during his lifetime. Hence, a family land belongs to a “vast family of which many are dead, few are living and countless members unborn”. The Connotation of Family and Right Thereof to Own Land as Such: In the realm of etymology, a family connotes: (a) a group of persons connected by blood, by affinity, or by law, especially within two or three generations; (b) a group consisting of parents and children; (c) group of people who live together and usually have a shared commitment to a domestic relationship. A family is thus a conglomeration of individual citizens, and the law does not discriminate against a family of the right to own/hold land. Who can Sue to Protect Family Property: A family member is clothed with an unbridled licence to sue and protect a family land/property against any wrongful interference therewith, with or without the consent of other members of the family. In the instant case, the respondents exercised their legitimate right by approaching the court to ventilate their nursed grievances over the injuries suffered from the spill in the appellant’s oil pipeline. In that regard, the respondents disclosed categorically in paragraph 1 of the statement of claim that they “are bringing this action for themselves and as representatives of Okeh family members affected by the Shell Petroleum Development Company Nigeria Limited Oil Spillage at Eneka.” That averment clearly answered and doused the appellant’s query on the absence of members attached to Okeh Family. It was of no moment that the word “members” was a prefix or suffix to Okeh Family. The bottom-line is its existence. It was part of the agitation of the appellant that there was no common interest and grievance between the representatives and the represented. The evidence on record demonstrated that the respondents’ occupation was farming and they did their farming and other economic activities in and around their large tract of land which was polluted by the oil spillage flowing from the pipeline of the appellant. There was an existential commonality of interest and grievance between the respondents on record, the representatives, and the Okeh Family members, the represented, which sustained a representative action.

NIGERIAN TRIBUNE
23rd September, 2026

INTRODUCTION Oil, gas and other mineral resources are ordinarily, natural sources of wealth and well-being of any people when properly harnessed for the common good. Since 1956 or thereabout, when oil was said to have been discovered in Nigeria, the people have paid the supreme sacrifices for this economic misfortune, as it were. In their desperation for the exploitation and exploration of oil, gas, mines and minerals, some foreign powers and their local collaborators have embarked upon ruthless economic policies that have left indelible scars upon the host communities, with sordid tales of catastrophic devastation, mass and prolonged pollution and unmitigated starvation. In some cases, it has become the major source of violence and bloodshed against the host communities, including the heinous crimes of terrorism, banditry and kidnapping. Some years back, I was directly involved in the Ogoni struggles as counsel during the trial at the Ogoni Civil Disturbances Tribunal and the subsequent process of securing bail for the Ogoni 19. I undertook detailed research for my office then on behalf of the late Chief Gani Fawehinmi, SAN and the documented histories of the devastating impact of oil and gas exploration in Ogoni land alone left me in tears. I also undertook a detailed study of Awoye Community in Ondo State, where I witnessed firsthand the negative effects of gas flaring and oil and exploitation. The mangrove had become withered, economic trees dried up in response to constant gas flaring and the people were left with no other option than to remain in the degraded environment, innocent children bathing and swimming in waters and streams polluted with crude that normally escaped from adjoining oil wells due to leakage and pipeline ruptures. I later had the golden opportunity of prosecuting cases on behalf of certain communities and associations in Lagos State that were affected by the pipeline fire in Ejigbo and Atlas Cove, all revealing the merciless destruction of human lives and assets. The massive spillage that occurred in Eket, Akwa Ibom State many years ago, flowed through the coastline of Rivers, Bayelsa, Delta, Edo, Ondo and Lagos States, leading to loss of business for many fishermen, beside the environmental disaster that attended that unfortunate act of corporate negligence. Our law reports are replete with cases upon cases which detail the endless struggles of the people of the Niger-Delta against gas flaring, crude and outdated modes of oil and gas exploration and the hostile policies of international oil companies and their local agents, all of which have left the people impoverished and the environment permanently devastated beyond restoration. It was thus a relief when the Supreme Court thundered from its authoritative height in this case, describing oil pollution directly by its wicked name. Of particular mention is the linkage between oil pollution and its harmful effect on the right to life as guaranteed by God Himself and also under section 33 (1) of the Constitution. The charge to all those affected by the exploration and exploitation of mineral resources across the nation is to mobilise themselves to stand firm to defend their customary heritage, resist all primitive acts of economic profiteering and take up cases in court to seek redress and to end the malaise. As it is often said, if we dare to struggle, we also dare to win. THE FACTS OF THE CASE The facts of this case are as reported in Shell Petroleum Development Company (Nigeria) Limited v Okey (2026) 11 NWLR (Pt.2050) 93. The thrust of the respondents’ case was that their family land, situate in Eneka Community in Obio/Akpor Local Government Area of Rivers State, was polluted by an oil spillage from the appellant’s Trans Niger Pipeline (TNP) at 24” Nkpoku to Bomu Trunkline at Eneka, on or about the 6th August, 2006. The gravamen of their complaint was that the rupture of the appellant’s oil pipeline impacted negatively on their family’s large expanse of land, farmlands and economic trees and crops thereon. The respondents alleged that they suffered severe, extensive damages and untold hardship as a result of the spillage. By a Writ of Summons filed on 13th November 2006 the respondents claimed against the appellant special and general damages in the sum of N20,000,000.00 and interest on the said sum at the rate of 20% per annum till the date judgment is satisfied. The appellant filed a statement of defence wherein it raised the defence of sabotage. In proof of their case, the respondents called two witnesses and tendered documentary evidence. The appellant called three witnesses and also tendered documentary evidence. At the close of evidence and addresses, the trial court granted the respondents’ claims in part. The appellant was dissatisfied with the decision and it appealed to the Court of Appeal which allowed the appeal in part. The appellant was dissatisfied with the decision of the Court of Appeal and it further appealed to the Supreme Court. The respondents raised a preliminary objection to the competence of grounds 1, 2, 3 and 4 of the appellant’s notice of appeal on the ground that the appellant did not seek and obtain leave of court before filing them when they were on mixed law and facts. The preliminary objection did not challenge grounds 5 and 6 of the notice of appeal. In determining and dismissing the appeal, the Supreme Court considered the provision of section 11 (5) and (6) of the Oil Pipelines Act which states as follows: “(5) The holder of a licence shall pay compensation – to any person whose land or interest in land (whether or not it is land in respect of which the licence has been granted) is injuriously affected by the exercise of the right conferred by the licence, for any such injurious affection (a) not otherwise made good; and to any person suffering damage by reason of any neglect on the part of the holder or his agents, servants or workmen to protect, maintain or repair any work, structure or thing executed under the licence, for any such damage not (b) otherwise made good; and to any person suffering damage (other than on account of his own default or on account of the malicious act of a third person) as a consequence of any breakage of or leakage from the pipeline or an ancillary installation, for any such damage not otherwise made good, and if the amount of such compensation is not agreed between any such person and the holder, it shall be fixed by a court in accordance with (c) Part IV of this Act. For the removal of doubt, it is hereby declared that the powers granted to the holder of a licence under this Act shall be exercisable only subject to the provisions (6) of this Act and of any other enactment or rule of law.” JUDGMENT OF THE SUPREME COURT On Framework that Must be Followed in the Event of an Oil Spill: Section 11 (5) and (6) of the Oil Pipelines Act has provided a framework in the event of an oil spill by a licensee affecting a land owner and the framework must be followed. In the aftermath of the leakage in the appellant’s oil pipeline that occurred on 6th August 2019 which affected the respondents’ farmland and the crops planted thereon, the respondents, through their counsel, wrote two letters, exhibits P1 and P2, to the appellant demanding compensation of N50 million for the damage done to their land. The letters were written in an attempt to reach a compromise on the compensation to be paid. The appellant failed to respond to the letters. The respondents having done what was demanded of them by section 11(5) and (6) of the Oil Pipelines Act, the appellant could not take benefit of its failure to respond to their demand for compensation to deny them their right to approach the court. On Procedure for Payment of Compensation for Oil Spillage Under Oil Pipelines Act: The import of the provision of section 11(5)(c) of the Oil Pipelines Act, as regards payment of compensation, is that a person (a property owner) is entitled to compensation from a holder of a licence for any injurious effects, flowing from oil spillage, which is not his (the person’s) default or malicious act of a third party, provided that if the amount of such compensation is not agreed between such a person and the holder, then it should be fixed by a court. This exudes a clone of the doctrine of exhaustion of local remedies which is usually planted firmly in modern-day statutes. Indeed, it is a classic exemplification of it. In the instant case, in exhibit P1, the respondents demanded N50 million “as adequate compensation to assuage the damage done to farms or farmlands, as the crude had destroyed the soil fertility for decades to come”. Exhibit P2 was a reminder which rehearsed the persistent hardship occasioned by the pollution. It is discernible from the unique phraseology of the two correspondences, mentioned above, that the respondents offered a proposal which was tailored towards reaching an agreement as to the quantum of compensation to be paid to them. Curiously, the appellant ignored and snubbed them with their request which was an ample demonstration that the amount of compensation was not agreed inter se. Thus, the respondents satisfied the doctrine of local remedy requirement of section 11(5) (c) of the Oil Pipelines Act, and they could approach the court to fix the amount of compensation accruable to them from the oil degradation of their land. In effect, the respondents’ suit was not caught by the doctrine of exhaustion of internal remedy as to disrobe the court of the jurisdiction to attend to their claim. (Pp. 149, paras. F-H; 151-152, paras. C-A) NOTABLE PRONOUNCEMENT: On Relationship Between Citizens’ Fundamental Right to Life and Socio-Economic and Environmental Rights: Per OGBUINYA, J.S.C. at pages 167-168, paras. G-C: “My noble Lords, let me place on record, perforce, that the importance of socio-economic rights cannot be overemphasised in the life of any citizen. A citizen’s inalienable fundamental right to life, which is enshrined in Section 33 of the Constitution, as amended, the fons et origo of our laws, cannot be properly harnessed in the absence of corresponding hospitable environment, water, air, land, forest and wildlife, social lubricants, which the State, as a matter of duty and responsibility, shall protect, improve and safeguard under the provisions of section 20 of the selfsame Constitution, as amended, for the benefit of its citizenry. Hence, the two species of rights share a symbiotic relationship. It smells of impossibility for any person to actualise and enjoy his right to life when his environmental rights, which oxygenate and nourish life, have fallen into eclipse. Thus, the grant of special damages, which was aimed to mitigate the corrosive and toxic effects of the oil spillage against the respondents, was a quintessence of a judicial and judicious award which cannot magnet any ounce of reprobation from this court.”

NIGERIAN TRIBUNE
23rd September, 2026

THE Egbe Amofin Oodua, a collective of lawyers from the SouthWest extraction of Nigeria, organized a robust conference at the Ojaja Conference Centre in Ile-Ife, to which I was invited as a guest speaker/panelist. The keynote address was delivered by the inimitable Professor Ademola Popoola of the Faculty of Law of Obafemi Awolowo University, Ile-Ife. Other panelists were Dr. Wahab Shittu, SAN, an astute legal practitioner and a cerebral academician, and Prince Adewole Adebayo, a brilliant lawyer, politician and the presidential candidate of the Social Democratic Party. The theme of the conference dwelt on the role of law in advancing constitutional democracy, accountability and responsible governance. The gathering was very timely, considering the state of the nation and the issues surrounding the upcoming 2027 general elections. The discussions were very frank, incisive and illuminating, in dissecting the topic for the day. I did not have the opportunity of participating in the other sessions but I later learnt that they were equally thought-provoking and explosive. As stated at the conference, the major challenge of these landmark gatherings is always the absence of documentation and implementation of key points identified by speakers and participants, thus leading to a recycling of conferences and topics year in year out. Permit me to share with you the contents of my brief presentation at the event. Protocols I crave your kind indulgence to stand on the protocols already established for this event whilst not forgetting to acknowledge my teacher and law giver, Professor Ademola Popoola, at whose feet we learned law and jurisprudence at the Faculty of Law of Obafemi Awolowo University. Thus, this is a form of home coming for me, having served as the President of the Students’ Union of Great Ife and also worked with the Ooni of Ife who was the predecessor of the present Ooni, on behalf of students and stakeholders of Great Ife. However, the best way to welcome you all to the source (as we call Ife-Ile) is to humbly ask you to rise up for us to take the Great Ife anthem. As Professor Popoola has dealt wonderfully with the main issues in his keynote address, I will limit myself to other areas of the Electoral Act which deserve greater attention. What is political stability? According to a widely cited definition of Professor Claude Ake, political stability refers to the regularity and predictability of distribution of power, a system where the rules governing political behaviour are consistently observed. For Leon Hurwitz (“Contemporary Approaches to Political Stability”), the concept has been perceived as a multidimensional mix of related ideals such as absence of violence, governmental longevity, the existence of a legitimate constitutional order, the absence of structural change, and societal attributes. It represents the enduring state of a government that is free from turmoil, conflict, or abrupt changes, which fosters a predictable environment for citizens and investors. The main issue however is to situate these definitions within the context of our national experience in order to determine if indeed the Electoral Act alone, as a legal instrument, can birth political stability. Political stability in Nigeria In the present dispensation, can it be boldly asserted that Nigeria is in observance of the rules governing the distribution of power in order to avert chaos in the political circle? The starting point in answering the question is to turn to the organic law of the land, being the Constitution. Section 14(2)(b) & (c) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered) (“the Constitution”) is pivotal in this regard. It provides that “the security and welfare of the people shall be the primary purpose of government; the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.” Simply put, government must first create the enabling environment for political stability through adequate security and enduring welfare of the people. When people are not safe or they are hungry, electoral issues become not only secondary but also relegated to the background. The politicization of security and weaponization of poverty are two cardinal factors hindering political stability in our nation. The alarming incidences of terrorism come just a little short of overwhelming and disarming of the security apparatus of the government. It is so bad nowadays that critical agencies and schemes of national integration have grown wary and developed jumpy nerves and cold feet. For instance, the National Youth Service Corps (NYSC) has indicated that it would stop posting its youth corps members to troubled zones. It is noteworthy that INEC deploys youth corps members as ad hoc staff for major elections. If insecurity goes unchecked, such electoral manpower would be a thing of the past. With the rising spate of kidnapping and violence across the land, participation at elections and other electoral activities will become largely unpredictable, leading to voter apathy and loss of confidence in the electoral process such that even if you have the best law to regulate politics and political behaviour, the underlying factors, insecurity and endemic poverty, will ultimately hinder political stability. It is against this background that we must situate our focus on the role of the Electoral Act as an instrument of securing stable governance. In a constitutional democracy such as Nigeria, societal and institutional code of conduct is not arbitrary. Behaviour is defined and regulated by law. As such, any enduring reform in the electoral system must be fixed through legislation following honest and robust review of the electoral issues that have continued to trouble the waters in our political/electoral landscape. The critical question remains this. Is the 2026 Electoral Act fashioned for domestic democracy? Is there such a possibility that democracy can be tailored to suit particular expectations and experiences given its universal concepts? Has the 2026 Electoral Act addressed the nagging electoral issues or are there still surviving issues which it failed to fix hence the need for another piece of legislation? Surely, since the signing into law of the Electoral Act, 2026, much internet ink and opinion voices have flowed ceaselessly critically appraising the improvements or shortcomings of the Act. A host of voices think it was hastily designed and foisted on the polity to overreach the opposition. Yet, many believe certain laudable advances have been made through some of the key innovations introduced by the new Act. We shall further examine some outstanding electoral issues which appear to have eluded the newborn Act. Key innovations in the electoral act, 2026: problems and prospects In order to robustly explore the substance of the topic, it would be necessary to x-ray some of the key innovations in the Electoral Act, 2026 (“the Act”) in the light of problems or matters arising and the prospects attending. a. Mandatory digital membership register under section 77 (2) – (7) of the act: The Problems: Systematic Disenfranchisement: The stringent sanction imposed by the section to the effect that failure to submit the digital register to INEC not later than 21 days before the date fixed for party primaries, convention or congress, can have the effect of systematically disenfranchising millions of voters, thereby hampering democratic participation. A careful examination of the register of members of many political parties will show inflated and non-existent members whose identities and locations cannot be verified. It is even doubtful if INEC itself has the capacity to undertake any verification, thus leaving the foundation of electoral contests and leadership recruitment vacuous. Pray, what can you build on a faulty foundation? According to Lord Denning, you cannot put something on nothing and expect it to stand. Constitutionality Issues: To my mind, this provision also conflicts with Section 40 of the Constitution which guarantees the right of every citizen to “assemble freely and associate with other persons, and in particular he may form or belong to any political party.” Thus, for political parties that are recognized by INEC, what chances has a citizen who desires to join a political party after the submission of the digital membership register under pressure to beat the 21 days threshold? Citizens in rural areas are automatically ostracized and marginalized in such a process, rendering political engagement elitist and at best, at large. Cyber Insecurity of Digital Membership Data: We must be conscious of the worrisome reality of criminal access into INEC’S database by compromised INEC elements in cahoots with political parties to overreach the opposition. The alleged unlawful sharing of voters or candidates’ membership information in INEC database allegedly by any INEC insider from INEC’s backend, exposes the credibility of the electoral umpire, especially where such is alleged to have been executed in agreement with close associates of politically exposed persons. Prospects: Designed to Curb Membership Data Manipulation: The bright side of this however is that this reform is designed to curb manipulation of party membership lists, a longstanding source of intra-party dispute. By prohibiting the use of alternative registers and imposing the severe sanction of disqualification from fielding candidates, the Act seeks to enforce discipline and transparency. The question then is compliance by all stakeholders, both the actors, players and the regulator.

NIGERIAN TRIBUNE
23rd September, 2026

Whether Agreement Made Under Duress is Binding and Enforceable: An agreement entered into under duress is not binding and enforceable, it is voidable. In this case, aside from the undertaking extracted from the appellant on 18 th April 2011, while the criminal charge was pending, there was no prior indication by either party that they intended to enter into a memorandum of undertaking in relation to the division of the properties. It is apparent that but for the undertaking tied to the withdrawal of the criminal charge, the issue of property division via the MOUs would not have arisen at that time. Thus, though the appellant had a period of twelve days between the undertaking and the MOU 1, the criminal charge against the appellant in which the 1st respondent was the nominal complainant remained pending until 7th October 2011 when it was withdrawn by the 1st respondent after the MOUs had been entered into. That constituted continuing evidence of duress. The appellant was, throughout that period, exposed to the apprehension and anxiety naturally associated with a subsisting criminal charge. Although he was advised by learned counsel and had correspondences written on his behalf, the overarching coercive environment remained and his decisions were influenced by it. In the circumstances, the trial court was right in holding that MOU 1 was tainted by duress. That duress persisted at the time MOU 2 was executed. The linkage of the MOUs to the withdrawal of the pending criminal charge rendered the voluntariness of the appellant’s consent doubtful. The Court of Appeal therefore erred in treating the duress as having dissipated merely by the passage of time without the extinguishment of the underlying coercive factor. Therefore, the MOUs were executed under continuing duress and are voidable at the instance of the appellant. The MOU 1 and MOU 2 are void for being executed under duress. Consequently, any agreement, obligation, or purported disposition of rights arising from the said MOUs is also void. When Court of Appeal Can Make Orders Not Sought on Appeal: Pursuant to section 15 of the Court of Appeal Act, once the court undertakes re-evaluation of evidence, it is empowered to assume full jurisdiction over the proceedings and to make such orders as are necessary for determining the real issues in controversy. In this case, having reconsidered the evidence, the Court of Appeal found it necessary, in the interest of justice, to grant orders flowing from its findings and sought at the trial court. Though the specific reliefs were not the direct basis of the cross-appeal, it is evident from the notice of appeal to the Court of Appeal that the complaint extended to the entire decision of the trial court on the ownership of the properties. The order made by the Court of Appeal was therefore in consequence of the court’s findings on the evidence on record. It would not have served the interest of justice for the Court of Appeal, after re-evaluation, to leave its conclusions without the necessary consequential orders. In this case, the Court of Appeal acted within its powers in granting some of the reliefs sought by the 1 st respondent in her counter-claim. The Power of Court to Make Consequential Order: A court must base its decision on the issues submitted by the parties. Nevertheless, a court retains the inherent jurisdiction to make consequential orders to give effect to its judgment. It is also irrelevant that the particular order was not specifically asked for, provided that it flows naturally from the decision reached and did not confer unearned advantage. In this case, the Court of Appeal acted within its powers in granting some of the reliefs sought by the 1 st respondent in her counter-claim. When Supreme Court will not Interfere with Concurrent Findings of facts by Lower Courts: The Supreme Court will not interfere with the concurrent findings of facts by lower courts where they are not shown to be perverse and no exceptional circumstance has been established to warrant the court’s intervention. In this case, the trial court, after evaluating the evidence, found that the MOUs were executed on the dates appearing on their faces, and the Court of Appeal upheld that finding. The trial court also made a specific finding that the deed of assignment in respect of two detached houses at Lekki-Epe Expressway, Lekki Scheme 1, Lagos State was issued in the name of Ashley Okara, and that finding was also upheld by the Court of Appeal. The appellant did not show that the concurrent findings are perverse. So, the Supreme Court will not interfere with the findings. The Attitude of Court to Academic Matters: The court does not engage in academic or hypothetical inquiries. CONCLUSION Generally, duress is a legal concept that arises when a person is compelled to enter into a transaction or agreement through unlawful threats, force, or undue pressure. The law requires that agreements be entered into voluntarily, with the free consent of all parties. Where consent is obtained through duress, the validity of the agreement is affected. In our clime however, law enforcement agencies apply this crude tactic due to lack of capacity to undertake forensic investigations, for lack of adequate funding, amongst other factors. In frustration, the aggression is wrongly transferred to the suspect, in employing force, coercion and at times brute violence, to extract the so-called confessional statements. In employing duress, state actors invariably admit to the failure of due process and their preference for the use of actual or threatened violence, unlawful confinement, economic pressure, or other forms of coercion, that deprive a person of the freedom to make an independent decision. In most cases, the pressure is significant enough to overcome the person’s free will. The principal effects of duress include: Voidable Agreements: A contract entered into under duress is generally not automatically void but voidable at the option of the injured party. The victim may choose to affirm or rescind the agreement once the duress has ceased. Right to Rescind the Contract: The affected party may apply to a court to set aside the transaction and restore both parties to their original positions, provided this can be done fairly. This was the case in Oraka v Oraka, where the aggrieved party utilized his right to challenge the agreements in court and to void them. Loss of Genuine Consent: Since consent is not freely given, one of the essential elements required for a valid contract is absent. Parties must be ad idem for any agreement to be valid and binding. Possible Award of Damages: In some cases, the injured party may recover damages if the duress caused financial loss or other harm. Protection of Public Policy: Courts discourage coercion and uphold the principle that contracts should result from voluntary agreement rather than intimidation or unlawful pressure. In essence, duress undermines the foundation of contractual relationships by destroying the element of free consent. The law therefore provides remedies to protect parties who have been forced into agreements against their will. To ensure the enforceability of any transaction or agreement, all parties must enter into it voluntarily and without unlawful pressure. MAKING IT WORK There is a need to address the issue of duress headlong in order to stem the ugly tide. The following suggestions, though not exhaustive, can provide some practical guidelines on how to stop the incidences of duress. Promote Legal Awareness: Educate individuals and businesses about their contractual rights and the legal consequences of coercion. From experience, the aggressor takes undue advantage of the victim due to ignorance of their rights under the law. Encourage Independent Legal Advice: Parties should seek legal counsel before signing important contracts, especially where significant financial or property interests are involved. It is better to cancel a proposed contract than have it annulled upon execution. Ensure Voluntary Consent: Agreements should be signed freely, without threats, intimidation, or undue pressure. Adequate time should be given for parties to review the terms. Document the Negotiation Process: Keeping written records, emails, and witness statements can help prove that negotiations were conducted fairly and voluntarily. As is presently the case in criminal investigation, video and photographic evidence should be deployed. Strengthen Law Enforcement: Authorities should promptly investigate and prosecute acts of intimidation, extortion, or violence used to force people into agreements. Police officers whose cases are confirmed to arise from torture or any other form of duress should not just lose their cases but also pay for their malady. Adopt Clear Organizational Policies: Businesses and institutions should establish policies prohibiting coercive practices in negotiations and contracting, such that these provisions are embedded into the agreement. Provide Effective Dispute Resolution Mechanisms: Access to mediation, arbitration, and the courts allows parties to resolve disputes without resorting to threats or force. Encourage Ethical Business Practices: Organizations should promote honesty, transparency, and fairness in all commercial dealings. These cases have been highlighted for the attention of the law enforcement agencies to be more conscious of the rights of citizens in order to avoid the pitfalls of criminal prosecution.

NIGERIAN TRIBUNE
23rd September, 2026

INTRODUCTION In the previous piece on this page, we x-rayed the illegality of the practice adopted by many law enforcement agencies in arresting citizens in lieu of another suspect, as confirmed in the decision of the Supreme Court in the case of Smart v Idiokita, where the apex court deprecated the conduct of the nominal complainant before the police, which led to the arrest of the father of a business partner in the hope that his ordeal will cause him to prevail on his son to pander to the dictates of the complainant. This has become more rampant because of general lack of confidence in the judicial process, causing many to adopt unorthodox methods to get results. Like in Smart v Idiokita, the case of Oraka v Oraka also arose from a domestic relationship between husband and wife which went sour and eventually ended up in criminal prosecution. The rationale for enacting section 7 of the Administration of Criminal Justice Act, 2015, was to cure this illegal method of holding one citizen as a ransom for the alleged offence of a suspect. Seeing now that it has become more of an epidemic clogging the due administration of criminal justice, it is suggested that the authorities of the various law enforcement agencies should deploy these judgments of the highest court to set up training manuals for their officers to ensure strict compliance with due process. Given the dilapidating state of places of detention all over the country, it is a miracle to go into custody and return whole and sane, unless special privileges are negotiated and secured, as has been reported lately in some quarters. THE FACTS OF THE CASE The facts of this case are as reported in (20260) 8 NWLR (Pt.2046) 509, wherein the appellant commenced an action against the respondents seeking several reliefs. Principally, the appellant sought an order nullifying two memoranda of understanding between the appellant and the 1st respondent on grounds that the memoranda are sham and were fraudulently procured by the 1st respondent and therefore void. The appellant also sought an order that several listed properties in Lagos State and the Federal Capital Territory of Nigeria belonged solely to the appellant. In addition, the appellant sought several other reliefs against the 1st respondent, which included the setting aside of all devices, deeds of assignment and any transfer made to the 1st respondent pursuant to the memoranda of understanding. Against the 2nd respondent, the appellant sought an order directing it to handover all of the appellant’s title documents which the 1st respondent deposited in the 2nd respondent’s custody. The appellant’s case was that he and the 1st respondent were married in 1993 and during the pendency of the marriage he acquired several properties personally while they lived in the U.S.A., Canada, and Nigeria. Further, during a serious marital dispute with the 1st respondent, he was arrested on 6th April 2011 at his residence in Lagos on the complaint of the 1st respondent. Subsequently, on 15th April 2011, he was arraigned before the Magistrate Court, Ebute-Metta, Lagos State and on 18th April 2011, he made two sets of undertakings (Exhibits A15 and A16) in the presence of a Police Officer though not at a Police Station. In Exhibit A16, the appellant stated that he would ensure that the 1st respondent had full access to all the properties and to the title documents relating to all the investments made and properties acquired by him and the 1st respondent during their marriage. In exhibit A15, the appellant stated the properties would be shared in a pattern that would make provisions for their three children, and that would be a condition for the 1st respondent’s withdrawal of the pending criminal charge at Ebute-Metta Magistrate Court. It further stated that the 1st respondent would appoint a lawyer to draw the memorandum of understanding. Later, the appellant and the 1st respondent made and signed two memoranda of understanding – MOU 1 on 1st May 2011(exhibit A5) and MOU 2 on 19th June 2011 (exhibit A6) for the sharing of the properties. Following the filing of a sworn testimony (exhibit A) by the 1st respondent withdrawing the charge against the appellant at the Magistrates Court, the appellant was discharged of the charge on 7th October 2011. The appellant maintained that the properties are his solely and that he signed MOU 1 and MOU 2 under duress, and therefore they were void. The 1st respondent, on her part, filed a statement of defence and a counter-claim, contending that the properties were jointly acquired and sought her share of the same while insisting that MOU 1 and MOU 2 were voluntarily made by the parties. In the counterclaim, the 1st respondent sought, amongst other reliefs, a declaration that the memoranda of understanding were valid and duly executed; an order directing the appellant to comply with the memoranda; and payment of N3,500,000 due to her from rent of N7,000,000 collected on jointly owned properties at No. 19B, Ogidi Crescent, Lekki, Lagos State. JUDGMENTS OF THE TRIAL AND LOWER COURTS In its judgment, the trial court found that the undertakings by the appellant (Exhibits A15 and A16) and MOU 1 were signed under duress, but found that MOU 2 was freely entered into between the parties. Therefore, it set aside MOU 1, but declared MOU 2 valid and binding on the appellant. The trial court thus partly upheld the appellant’s claim and the 1st respondent’s counter-claim. The appellant and the 1st respondent, respectively, filed an appeal and a cross-appeal to the Court of Appeal. After re-evaluating the evidence on record, the Court ofAppeal also found that the undertakings (exhibits A15 and A16) were made under duress, but held that since MOU 1 was signed 12 days after the undertaking, there was no proof that duress persisted, stating that fresh evidence of duress was required to invalidate MOU 1. Consequently, the Court of Appeal held that MOU 1 was voluntarily written by the appellant but had no legal relevance or limited effect in line with the execution of MOU 2. The Court of Appeal concluded that the appeal succeeded in part. It further held that the properties listed were not jointly acquired, as the 1st respondent failed to prove contribution to the purchase of the properties, hence it made the order sought by the appellant that the properties solely belonged to him. The Court of Appeal also held that the cross-appeal succeeded in part. It declared that MOU 2 was valid; it ordered the appellant to comply with MOU 2 to the extent that it did not affect properties proved to belong exclusively to the appellant; and it ordered the appellant to pay to the 1st respondent N3,500,000 due to the 1st respondent from the rent of N7,000,000 collected on their jointly acquired and owned properties at No. 19B, Ogidi Crescent, Lekki, Lagos State. Still aggrieved, the appellant appealed to the Supreme Court. The appellant contended that the MOUs were invalid because they were executed by the appellant while he was under duress arising from the then ongoing criminal prosecution. On the other hand, the 1st respondent countered that no evidence of duress was led, and that the MOUs were voluntarily made in the presence of counsel. The 1st respondent further argued that the appellant, having failed to repudiate the MOUs, he was bound by estoppel by conduct. In its judgment, the Supreme Court allowed the appeal in part. JUDGMENT OF THE SUPREME COURT Whether Deed of Assignment Based on Voided Memorandum of Understanding is Valid: A deed of assignment based on a voided memorandum of understanding is bereft of any legal foundation and cannot operate to divest ownership. This is because one cannot put something on nothing and expect it to stand, it will certainly collapse. In this case, the deed of assignment (exhibit A30), wherein the appellant ought to have duly assigned the property situate at Lekki-Expressway known as Block 133, Plot 8, Lekki to the 1st respondent was prepared subsequent to the challenged memorandum of understanding. In the circumstance, the deed having derived its force and validity from the impugned MOUs is consequently bereft of any legal foundation and cannot operate to divest ownership. The deed was tainted by the duress that voided the MOUs and therefore cannot stand. The Meaning of “Duress”: “Duress” means any unlawful threat or coercion used by a person to induce another to act (or to refrain from acting) in a manner he or she otherwise could not (or would); subjecting a person to improper pressure, which overcomes his will and coerces him to comply with a demand to which he would not yield if acting as free agent. Duress therefore means threats, violence, forcible constraint or other action used to coerce someone into doing something against their will or better judgment. The Meaning of “Duress” and What Plaintiff Alleging Duress Must Prove to Succeed: “Duress” is the threat of harm made to compel someone to do something against their will or judgment, especially a wrongful threat made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition. To be successful in a claim for duress there must be effectively no choice for the party other than to comply with the demand. The threat must be to such an extent that the pressure is unlawful and be a significant cause to inducing the person to accept the contract. The threat must also be of some significance and cause a threat to the economic interest of the party and a reasonable alternative must not be available at the time to the person.

NIGERIAN TRIBUNE
23rd September, 2026

INTRODUCTION From time immemorial, criminal liability has always been personal. You cannot transfer the responsibility of a crime from one person to another, no matter their relationship, and in the absence of any joint agreement to commit a crime, one person cannot be held liable for the criminal action of another. The law enforcement agencies in Nigeria are well aware of this basic principle of our criminal law jurisprudence but they still proceed to arrest citizen A for the alleged offence of citizen B. In some cases, a father is arrested for the alleged criminal conduct of his son or vice-versa, or one business partner is held liable for the conduct of his co-partner. Although the courts have pronounced upon this principle of law in many cases, it became imperative to insert a specific clause in the Administration of Criminal Justice Act in 2015, in order to arrest the ugly trend. This notwithstanding, police officers in particular have refused to respect the rights of citizens in this regard. The decision whether or not a person commits an offence is from the inner mind of the offender and since only God knows the heart of a person, no human being is to suffer for the conduct of another. One way to end this malady is to hold the particular police officer who violates this principle personally liable for his misconduct. If for instance the case ends up in court, any award of damages should be paid by the offending officer, in addition to possible demotion in rank or outright dismissal. THE FACTS OF THE CASE The facts of this case are as reported in Smart v Idiokita, (2026) 20 NWLR (Pt.2044) 63. The 1st respondent by an application for enforcement offundamental rights sued the 2nd to 6th respondents and the appellant as the 1st to 6th respondents respectively seeking a declaration that his arrest and detention by the 6th respondent from 10th to 13thAugust 2021 on the appellant’s instigation was unconstitutional, illegal and unlawful and an infringement on his fundamental rights as guaranteed under sections 34, 35 and 41 of the 1999 Constitution (as amended); and a declaration that the threat of his father arrest by the 3rd to 5th respondents on the appellant’s instigation wasunconstitutional, illegal and unlawful and posed a likelihood of infringement on his fundamental rights as guaranteed under sections 34, 35 and 41 of the Constitution. The 1st respondent also sought inter alia the sum of N20,000,000.00 as damages against the 2nd to 5th respondents for the infringement of his fundamental rights; and the sum ofN10,000,000.00 as damages against the appellant for instigating his arrest and detention for four days without trial and continuous threats to life, harassments and trauma he suffered in violation ofhis fundamental rights. The 1st respondent’s case was that he was allegedly approached by the appellant to prevail on his son to pay the appellant money arising from a business transaction. The 1st respondent claimed that he was not part of the alleged business transaction between the appellant and his son; that as a result of his inability to get his son to pay the appellant’s money, he was allegedly arrested and detained unlawfully at the Delta State Police Headquarters under the command of the 6th respondent between the 8th to 13th August 2021; and that the 1st respondent claimed that the arrest and detention were at the appellant’s instigation.The 1st respondent also claimed that after his detention at the Delta State Police Headquarters, he was again invited to Zone 5 Headquarters of the Nigeria Police Force, Benin-City, Edo State, where he was allegedly subjected to persistent harassment and the 2nd and 5th respondents threatened to arrest and detain him if he failed to produce his son. Consequently, he filed the application for the enforcement of his fundamental rights. When the application came up for hearing at the trial court,the appellant’s counsel informed the court that, in opposing the application, he filed the appellant’s counter-affidavit and a motion on notice for extension of time to regularise the counter-affidavit.However, the trial court delivered a bench ruling to the effect that because the counter-affidavit and the motion were not found in the court’s file, the appellant and the 2nd to 6th respondents had nocounter-affidavit and other processes in response to the application. It directed the 1st respondent’s counsel to move the application. After hearing the application, the trial court delivered its judgment wherein it dismissed the 1st respondent’s case.Dissatisfied, the 1st respondent appealed to the Court of Appeal. The Court of Appeal allowed the appeal and granted the reliefs sought but made a downward review of the financial reliefs.Aggrieved, the appellant appealed to the Supreme Court, which dismissed the appeal. JUDGMENT OF THE SUPREME COURT 1. The Prohibition of Arrest in Lieu: By virtue of section 7 of the Administration of Criminal Justice Act, 2015, a person shall not be arrested in place of a suspect. The provision is to the effect that a person cannot be arrested for a crime suspected to have been committed by another person. Criminal responsibility is personal and not transferable. And nobody should be arrested in lieu of a suspect. There is no vicarious culpability in criminal offence and a person cannot be held responsible for the offence of a family member. In the instant case, since the appellant and the 2nd – 6th respondents failed to rebut the affidavit of the 1st respondent, the Court of Appeal was right to hold that section 7 of the Administration of Criminal Justice Act, 2015 was applicable to the facts and circumstances of the case. The finding of fact by the Court of Appeal could not be faulted having regard to the unchallenged evidence to the effect that the appellant was arrested and detained at the Delta State Police Headquarters on the instigation of the appellant because of an offence allegedly committed by his son. Furthermore, there was unchallenged affidavit evidence that the 2nd to 6th respondents harassed and threatened to arrest the appellant if he failed to produce his son and his photographs. Per OGBUINYA, J.S.C. at pages 96-97, paras. E-C: “It is gleanable from the record, the bedrock of the appeal, that on the instigation of the appellant, the first respondent was arrested and detained by the second – six respondents in lieu of his son, John Samuel Ita, who had a stillborn business transaction with the appellant. The concrete and classic evidence on record, the spinal cord of appeal, amply demonstrate that the first respondent was a stranger to that business transaction that was mired in the quicksand of fiasco. The doctrine of subrogation which flourishes in the sanctuary of civil law has no atom of shelter in sphere of criminal jurisprudence. Indisputably, the second – sixth respondents, on the prompting of the appellant, wrongly employed the doctrine against the first respondent. In the firmament of criminal law, criminal responsibility is personal to a particeps criminis. There is no transfer of criminal responsibility even in the presence of proven consanguinity between a culprit and an innocent. Indeed, vicarious liability has no legitimate residence in the expansive hemisphere of criminology. The provision of section 7 of the ACJA, an ambitious provision with a commendable mission to shield innocent citizens against unlawful arrest and incarceration by officers of law enforcement agencies, who act on the false information on commission of crimes fed on them by overzealous and pretentious complainants, concretises this hallowed principle of criminal law. Indubitably, the lower court’s decision, sought to be impugned, did not, in the least, disclose any ounce of hostility to the letters and spirit of the law as to magnet the reprobation of this court. Per contra, the lower court acted ex debito justitae when it nullified the decision of the trial court which was per incuriam par excellence. I accord it an unfiltered endorsement.” 2. The Duty of Court in Respect of Separation of Powers and Protection of Rights of Citizen: The courts must never interfere in the exercise of executive powers, particularly in the mandate of the police to investigate crimes. However, the courts must endeavour always to balance the principles of separation of powers and the protection of the rights of the citizen against oppressive executive actions. Per OGUNWUMIJU, J.S.C. at pages 92-93, paras. F-D: “In the circumstances, I have to agree with the opinion of the court below as stated on pages 326 – 327 of the record of appeal that: ‘Now to the manner of complaints of these breaches, the appellant in paragraphs 9, 10, 11, 13, 14, 15, 16, 17, 19 & 24 of the affidavit at page 21 – 23 of the records are chronological narration of events and acts of harassment, intimidation, threats, embarrassed, harassment in church and actual arrest detention beyond 24 hours (4 days) without reason at Asaba and Benin City, twice with pressure to produce bank statements and BVN between 15th June and November 2021. It is important to note that there were no charges pressed against him except for him to produce his son or pay up the debt on the transaction, the matter was taken from Warri to Asaba and then to AIG, Benin, Zone 5. He denied consistently that he was not part of the transaction nor aware of the deposit made to his son… From the above, there were threats, actual detention beyond 24 or 48 hours even though both had a court within 5km radius, the 1st to 5th respondents refused to do the needful legally, they instead employed the tactics of intimidation, blackmail, breaches and directive to produce his son or pay the debts. Clearly, the allegation was that his son who did the transaction absconded and the father/applicant was responsible. The applicant’s freedom was unjustly withheld, his fundamental rights infringed upon.”’

NIGERIAN TRIBUNE
23rd September, 2026

UNITED NATIONS POLICY ON YOUTH PARTICIPATION The UN’s policy on youth participation centers on the Youth 2030 Strategy, aiming for meaningful engagement, not just consultation, making youth central to achieving SDGs, promoting human rights, and fostering peace, with initiatives like the UN Youth Delegate program and digital platforms enhancing their voice in policy, driven by principles of inclusivity, gender equality, and tackling barriers like digital divides to empower young people as agents of change. KEY PILLARS OF UN YOUTH POLICY: ·Youth2030: The UN Youth Strategy: The overarching framework (now in Phase 2: 2025-2030) focuses on youth empowerment, SDG implementation, knowledge building, and ensuring youth voices are heard across all UN efforts. ·Meaningful Engagement: Goes beyond tokenism; it’s about tangible youth influence in policy, supported by principles from the Secretary-General’s Policy Brief on the topic. ·Youth as Agents of Change: Recognises young people as crucial for peace, justice, climate action, and sustainable development, empowering them to drive societal transformation. KEY MECHANISMS & INITIATIVES: ·UN Youth Delegate Program: Young people, selected by their governments, participate directly in UN meetings (like the General Assembly) as part of national delegations. ·UN Youth Office: Acts as a convener and conduit, amplifying youth visions and coordinating efforts across the UN system. ·Digital Platforms: Using technology to understand youth priorities, inform them, and co-create policies. ·Our Common Agenda & Pact for the Future: Calls for greater youth inclusion in global decision-making. GUIDING PRINCIPLES: ·Inclusivity and Equity: Removing social, economic, and cultural barriers, especially for young women and girls, to ensure equal access and participation. ·Intergenerational Solidarity: Fostering collaboration and understanding between generations. ·Rights-Based Approach: Upholding youth’s fundamental right to participate, as a core human right. FOCUS AREAS: ·Empowerment: Building skills, capacity, and opportunities. ·SDG Acceleration: Integrating youth perspectives into achieving Sustainable Development Goals. ·Peace and Security: Supporting youth as peacebuilders and ensuring their needs in post-conflict reintegration. In essence, the UN policy views youth not just as beneficiaries but as essential partners, providing platforms and strategies to ensure their diverse perspectives and solutions shape a sustainable future. NIGERIAN POLICY ON YOUTH PARTICIPATION Nigeria’s youth policy, primarily guided by the National Youth Policy (NYP) 2019-2023, aims to foster youth participation and development by enhancing rights, education, health, and economic opportunities for the large youth demographic (ages 15-29) to contribute to national goals, though implementation faces challenges like funding and coordination, requiring stronger youth engagement in policy making itself for better outcomes. KEY ASPECTS OF THE POLICY ·Broad Goals: Promote fundamental rights, improve quality of life, and boost youth involvement in national development and achieving SDGs. ·Target Groups: Acknowledges varying needs, categorizing youth into low-risk, vulnerable, and at-risk groups for targeted interventions. ·Focus Areas: Education, health, sports, economic empowerment, civic engagement, and social well-being. ·Framework: Provides guidelines for government, stakeholders, and youth themselves. CHALLENGES AND NEEDS ·Inconsistent Implementation: Funding gaps, poor execution, and lack of coordination hinder progress. ·Need for Inclusivity: Calls for genuine youth involvement in policy design (e.g., youth on the table) rather than just planning for them. ·Tapping Potential: The large youth population (over 60% under 25) represents a demographic dividend needing better policy to unlock. YOUTH RESPONSIBILITIES (UNDER THE POLICY) ·Promote tolerance, respect, and reconciliation. ·Protect public property and the environment. · Avoid violence, substance abuse, and crime. ·Engage in self-improvement, lifelong learning, and positive lifestyles. ·National Youth Council of Nigeria (NYCN): Established to amplify youth voices and provide training. ·IOM Youth Strategy (2023-2027): Focuses on empowering youth migrants and aligning with national strategies. THE CONCEPT OF THE 7Cs Competence, Confidence, Connection, Character, Contribution, Coping, and Control are critical elements that shape our approach. We strive to create an environment that fosters growth, empowerment, and authentic life skills so that the youths involved in all our programmes can build the resilience they need to thrive. THE CRITICAL PLACE AND ROLE OF THE CHURCH IN LEVERAGING THE YOUNG POPULATION Until the return of our Lord and Saviour Jesus Christ, the Church Militant (Church on Earth) Pillar and Ground of Truth remains the champion of the Great Commission. Part of the neglected mandate of the Church is in the area of discipling the whole youth inside-out. While the world system may endeavour to educate the mind of the young population, only the Church has been given the spiritual paraphernalia to educate the spirit man of the youth. We must not take for granted the fact that Satan, the arch enemy of mankind whose stock-in-trade is to steal, kill and destroy is always on top of his game in destroying the youth of any nation to ensure they lead purposeless lives through sinful practices: social vices, addiction to soul-destructive habits and lifestyles such as illicit drugs, illicit sex and pornography, cultism, violent crimes, abortion, etc. If our Nation’s young population must be leveraged for purposes of National Growth and Development, then keen focus must be directed at gospelizing and discipling the youths God brings within our ministerial influence using the principles of the Kingdom to equip them to function effectively. THE LIMITS OF YOUTH PARTICIPATION Every idea has two dangers of either being extinguished or contained. What is being advocated is youth participation, not youth take over. The world is at the threshold of transition to integrate the youth into mainstream leadership which should not be translated as licence to weaken or displace the existing authority of the fathers but rather to create a symbiotic re-alignment. In 1 Samuel 3:5, young Samuel was actively trimming the lamp to keep the altar aflame and despite his direct interaction with God, he reported all his encounter accurately to old prophet Eli by way of accountability and respect for existing authority without any embellishment or fabrication, this notwithstanding the indictment of Eli by God Himself. The youth will be driven with the flame of their vision but they need the fathers to deploy their dreams to interprete the vision. The President of the United States of America is by all definitions not a youth but he has surrounded himself with competent young minds to drive the vision of a new America. When he was appointed as the General Overseer of RCCG in 1981 in his tender age, Pastor E.A. Adeboye appointed old Pastor Abiona as his Deputy General Overseer and retained him in that position until he was called to glory. The fathers represent custodians of sound doctrine, they are mentors, leaders, pioneers and shining examples who have weathered the storms faithfully and have remained steadfast to their calling. Thus, in Job 24:2, a note of caution was sounded that “some remove the landmarks; they violently take away flocks, and feed thereof”, whereas Proverbs 22:28: says clearly that: “remove not the ancient landmark, which thy fathers have set.” King Solomon in all his wisdom still sounded the note of warning in Proverbs 23:10: “remove not the old landmark; and enter not into the fields of the fatherless.” Youth participation connotes conscious acceptance of responsibility, not entitlement. A system of checks and balances must be maintained to offer measured control and supervision, in order to sustain the unbroken chain of command. CONCLUSION Twenty-five percent of the world population of 1.7 billion is youth. Of this 1.7 billion, 86% live in the developing world. The increase in youth population ages 15-24 has taken place in Africa, Asia and Latin America. Youth are the future and their well-being is critically important to shaping a better future for the world. It is estimated that by 2030, Nigeria’s youth population will peak at about 100 million, with around 70% of the entire population under 30, creating significant opportunities but also demanding massive job creation to avoid instability. RCCG has a significant youth presence, with estimates suggesting young people make up over 60% of its global membership. This constitutes both positive and negative forces, which when properly harnessed will result in national growth and development but if neglected and forsaken, may become ready tools for perpetrators of violence and division. The celebrant (Pastor Adeboye) has accomplished significant leaps in leveraging the population of the youth for their spiritual empowerment but this must be taken to the next level. A sizable majority of the artists in Nigeria today were once church choir members until they left the church to seek greener pastures and got absorbed by the waiting world. We must not continue in the error of feeding the youth with spiritual food only but also galvanise them into self-sufficiency by creating lasting opportunities for realising their potentials. The celebrant has been very instrumental in providing the enabling environment to advance the cause and agenda of youth empowerment. He has accomplished significant leaps in leveraging the population of the youth for their spiritual and secular empowerment but it has to be taken to the next level of developing their spiritual energy into profitable ventures that will help in realizing the vision of the church for growth. The positive impact created by the celebrant [Pastor Adeboye] upon the youth cannot be exhausted in any single lecture, as he has by his commitment to and sacrifices for the youth, ignited a positive zeal in their hearts for a glorious future. The challenge is to rebrand and sustain it to galvanise growth and development.

NIGERIAN TRIBUNE
23rd September, 2026

(v) Deploying Spiritual Resources for Youth Global Impact The Catholic Church runs a Justice and Peace Development Committee (JPDC) manned by seasoned legal practitioners to render pro bono services for its members and the general public who are victims of injustice, oppression or whose rights may have been infringed in one way or the other. The RCCG operates functional rehabilitation homes for drug addicts, the homeless and single mothers. The Redemption City as envisioned by the celebrant (Pastor Adeboye) should further translate into an economic power hub for the teeming youth and the not-too-young with the creation of specific districts to cater to the growing needs of all worshippers, especially the youth. Recycling of wastes is ongoing, a medical village has been built, a legal village is in the offing, agriculture is being developed aggressively and concessionaires can be created for the church to leverage on its population and growth to establish entities for the production of water and drinks, restaurants for food during evangelism outreaches and other major programmes. There is also a prayer village, which is attracting tourists and visitors. A New Professional District Area should be created within the Redemption City to accommodate professionals like Accountants, Architects, Doctors, Surveyors, Engineers, IT experts, etc who can attend to the growing needs of the city dwellers and thus reduce urban migration. An industrial hub can also be created for factories and industries while ensuring quality control. The vast size of the land owned by the RCCG here in Mowe, in Abuja, the United States of America, Canada, Australia and other parts of the world may not solely be for church planting, dwelling and residence or else we will keep creating a community of dwellers without capacity and empowerment. With the available infrastructure of electricity, water, security and technology in the Redemption City, regular trips to Lagos, Abeokuta, Ibadan and other neighbouring cities should be a thing of the past. Given the incidence of poor leadership in Nigeria, the church, NGOs, CSOs and other missions will continue to serve as the alternative government and welfare centres for the needy. The Vision and Mission of the celebrant (Pastor Adeboye) for RCCG members to make heaven, to take as many people as possible along with them, to plant churches and to make holiness the centre-point of attaining them is unassailable. But it has to be developed, rebranded and expanded to include capacity building and empowerment of members (young and old) for the benefit of all. This charge is not unique to religious entities alone but it also extends to other levels of mentoring for the youth in political and educational sectors, leading to a realignment of spiritual goals and secular engagements for the growth of the ministry whilst presenting opportunities for the youth to realise their potential. THE GROWING IMPACT OF YOUTH ON NIGERIA’S POPULATION A proper understanding of the youth phenomenon is to be prefaced with the population of Nigeria itself as a nation. The history of the population of Nigeria has been enmeshed in controversies, due mainly to allegations of inflation of figures. According to the National Population Commission, the last official census for Nigeria was in 2006, which was projected to be 140 million, as presented by President Olusegun Obasanjo in March 2006. From data of the National Bureau of Statistics, the projected population figure for Nigeria in 2022 was 216,783,381, comprising 108,350,410 males and 108,432,971 females. Presently, Nigeria’s population is projected to be over 230 million, with estimates placing it around 239.9 million in early January 2026, making it Africa’s most populous country and the world’s sixth-largest, with figures projected to reach over 242 million by 2026, with the youth leading the pack. THE YOUTH POPULATION Nigeria has a massive youth population, with estimates suggesting around 70 per cent of its citizens are under 30, translating to over 160 million young people within a total population nearing 230 million (as of mid-2024/early 2025). This makes Nigeria one of the world’s most youthful nations, with a median age of just over 18 years. This is expected to balloon as we advance in years. The statistics and demographics are simply amazing in their dimensions. Data obtainable from the World Bank indicates a youth percentage of about 70 per cent are under 30, while the median age average is 18.1 years and the youngest cohort, the Gen Alpha (under 13) and Gen Z (13-28) combined, make up a huge portion, with Gen Alpha alone representing over 35 per cent of the total population in some analyses. YOUTH AS NATIONAL ASSET A young population becomes an asset only when the youth are educated, employed or employable, healthy and have a stake in the system of national life. In the absence of these engagements, the young population becomes a demographic liability, fuelling unemployment, crime, and instability. The following are some of the indices that can enable leveraging Nigeria’s young population for national growth and development. a. QUALITY EDUCATION: Deep investment in quality education remains the most critical key to human capital development of the youth. Insofar as it is what goes into the mind by way of education that shapes the whole person of the youth, it is advocated that through all-inclusive public-private partnership, efforts must be geared up to ensure that the young population receives qualitative education at all levels – right from basic to tertiary levels of education. This may be achieved through the offer of free education and availability of bursaries and government fully funded scholarships (as was the case in the past), provision of conducive learning environment, standard world-class learning facilities and equipment, provision of qualified teachers in schools and institutions of learning. Definite actions must be taken by the government to quel the incidence of strikes which cause frustrating stoppages to the academic journey of young persons in schools, thereby discouraging learning. There has to be a paradigm shift from mere certificate-driven to skill-driven education. Someone puts the idea as a shift from certificate to sabi-ficate” (skill). The main area of skill should focus on digital skills, technical and vocational education, entrepreneurship, how to think critically and innovate rather than spoon-feeding the system of academic theorisation without translating to practical problem-solving application. Educational reforms must be directed to aligning university and polytechnic curricula with labour-market needs, including agriculture, renewable energy, fintech, health, and manufacturing. b. PRODUCTIVE EMPLOYMENT AND ECONOMIC OPPORTUNITIES: There has to be a youth-oriented industrialisation, particularly in the area of agriculture. This is very important. Shift away from subsistence farming to Agribusiness, characterised by mechanised farming and the use of technology should be encouraged. This can be achieved through access to land, provision of low-interest loans and grants, simplified business registration under the CAC and tax incentives for start-ups and SMEs, extension services and market linkages and encouragement of youth-led cooperatives and agro-startups. c. ENCOURAGEMENT OF YOUTH POLITICAL PARTICIPATION AND INCLUSION: Thanks to CFRN (Fourth Alteration) Act, 2018 (a.k.a. Not Too Young to Run). The intent is to promote youth participation and engagement in politics and leadership. The young population is vibrant, innovative, more inclined to progressivism and dynamic change in keeping with global trends. To this effect, full implementation and expansion of the Not-Too-Young-To-Run Act in practical reality, not just law, is advocated. Deliberate steps should be taken to integrate the young population in governance, policy formulation, thought-leadership and grassroots leadership. Civil inclusion reduces alienation, thereby reducing the incidence of youth unrest, and political violence while fostering accountability. The unfortunate entrenchment of recycled oligarchic gerontocracy (rule by a few aged), which Africa seems to be cursed with must be jettisoned to pave way for fresh blood in the political space. d. ENHANCEMENT OF YOUTH HEALTH AND WELL-BEING: A healthy mind and body of the youth are critical to mining the invaluable wealth of youthful potential. This is why there has to be improved access to youth-friendly healthcare, particularly mental health services. All-out war against the use and abuse of mind-destroying substances such as illicit drugs and intoxicants, pornography, terrorist indoctrination, violence and s3xual harassment against young persons, etc., which lead to depression and sometimes suicidal tendencies, must be mounted. e. HARNESSING THE DIGITAL ECONOMY: The youth should be trained to be up to speed with global best practices in the digital space such as software development, data science, cybersecurity, digital marketing and remote work skills. This will set the young population of Nigeria as a global outsourcing and remote-work hub, exporting digital services rather than raw labour. This in turn will boost Nigeria’s GDP, thereby enhancing her economic growth. f. VALUE-MODELING AND MENTORSHIP: Part of the undoing of the youth is bad examples of those they look up to both in the temporal and spiritual spheres of our national life. Leaders have modeled the wrong things for the young population to emulate. The allure of life is materialism, the what’s-in-it-for-me-and-my-family syndrome. The unbridled appetite for and love of money have led to dearth of values. If the young population must be harnessed, then there must be a paradigm shift and refocus on the values and ethos upon which enduring nationhood is built; values that transcend materialism, quest for immediate gratification, indiscipline, and self-aggrandisement.

NIGERIAN TRIBUNE
22nd September, 2026

THE CHALLENGES OF YOUTHS IN NIGERIA It is important to first understand the challenges facing young people in Nigeria before the proper steps towards leveraging them for National Growth and Development. A cursory jet tour through some of the key challenges reveals the following: poor quality of education, unemployment and underemployment, poverty and economic hardship, limited access to capital and opportunities, systemic political exclusion and marginalisation, criminality, insecurity and violence, corruption and weak institutions, abuse of drugs and social vices, digital illiteracy and cybercrime, brain drain and dearth of talent, mental health challenges, erosion of values and social support systems, lack of inspiring leadership and mentorship, victims of the broken home syndrome, the list continues. NATIONAL YOUTH SERVICE CORPS: THE VISION AND ITS CHALLENGES Justice would not have been seen to be done to the topic of the challenges of youths in Nigeria without a word on the regime of the National Youth Service Corps (the Service Corps). The Service Corps was established in 1973 by General Yakubu Gowon via Decree No. 24, post-Civil War, in order to foster national unity, reconciliation, and integration by mobilizing graduates for a one-year service in different parts of the country, promoting cultural understanding, and contributing to community development in education, health, and infrastructure. It aims to build common ties, break down ethnic barriers, and create a stronger, self-reliant nation through shared experiences and national service. The vision of the scheme is embodied in its objectives. Section 1(3)(a)-(g) of the law provides for these objectives, thus: 1 (3): The objectives of the service corps shall be: (a) to inculcate discipline in Nigerian youths by instilling in them a tradition of industry at work, and, of patriotic and loyal service to Nigeria in any situation they may find themselves; (b) raise the moral tone of the Nigerian youths by giving them the opportunity to learn about higher ideals of national achievement, social and cultural improvement; (c) develop in the Nigerian youths the attitudes of mind, acquired through shared experience and suitable training, which will make them more amenable to mobilization in the national interest; (d) enable Nigerian youths to acquire the spirit of self-reliance by encouraging them to develop skills for self-employment; (e) contribute to the accelerated growth of the national economy; (f) develop common ties among the Nigerian youths and promote national unity and integration; (g) remove prejudices, eliminate ignorance and confirm at first hand the many similarities among Nigerians of all ethnic groups; and develop a sense of corporate existence and common destiny of the people of Nigeria. The Service Corps was a deft move by the then military government to stem the tide of post-Civil War national trauma. It was believed that the scheme would foster strong ties among the youth as they will be posted outside their region to another region. Genuine integration was needed if Nigeria will remain one and the youth (graduates) were the tools that can make it happen. The scheme actually worked at that time, there were inter-marriages then. Everlasting friendship was formed, gradually, hope and trust returned to Nigeria. THE CHALLENGES OF THE NYSC However, due to the rising tide of insecurity all over the nation (but more seriously in the Northern part of the Country which is being ravaged by terrorism (Boko Haram), insurgency, banditry, kidnappings, etc., there is now an atmosphere of foreboding apprehension. Parents and guardians are reluctant to approve the deployment of their graduate children and wards to zones that are prone to likely attacks. The result being that the lofty vision of the Service Corps is fast being eroded. In recent times, breaking news after breaking news have continued to go viral about the spate of kidnappings of Service Corps members on national assignment for ransom. Terrorism has claimed scores of lives of Service Corps members. Thus, insecurity has become the greatest nightmare facing the Scheme. The FG, through the scheme, has resorted to redeploying members to other States considered to be safe. Other challenges to the vision/objectives of the scheme include: propensity to stifle freedom of expression (recently, some corps members have been denied Discharge Certificates because they bared their minds about issues of national significance which the government was not comfortable with); poverty (many are unable to cope due to poor remuneration); abuse and slave labour, etc. CREATING OPPORTUNITIES FOR THE YOUTH The global vision (and indeed that of the celebrant, Pastor Adeboye) for youth empowerment must now be enlarged if we are to achieve proper leveraging of the youth by creating structured developments to consolidate on the existing gains. The early churches deployed biblical examples to create professionals and industries to develop Europe and America and other zones where the gospel took root early. PROFESSIONALS IN THE BIBLE (i) Architecture, Painting, Furniture, Sculpting: Through the construction of the Ark with Noah in Genesis 6-7, and the deployment of the expertise of Bezaleel in Exodus 35-37 to build the Ark of the Covenant, the professions of architecture, furniture, painting and sculpting were ordained by God. (ii) Engineers, Builders and Maritime The people of Shinar in Genesis 11 took bricks and burned them into stone. They turned lime to mortar and transformed them for the development of modern construction of a tower and skyscraper. God stopped them because of the wrong motive. But that was the discovery of cement and limestones. God ordained engineers and builders for King Solomon and King Amaziah, for the construction of giant ships, trawlers and boats for shipping, maritime, trade and commerce. They developed unique weapons and ammunition for warfare. (iii) Foundation of Law God Himself created the legal profession with the first law given in Genesis 2:16-17, which was subsequently amplified in the book of Leviticus from where most of the civil and criminal laws took their origin and they were eventually codified in Exodus 20, embracing criminal offences of murder, stealing, assault and civil wrongs such as defamation, trespass, labour and employment laws, etc. It is important to state the point that the first court cases started with God. The first civil violation of the law took place in Genesis Chapter 3, when the man breached the law of God by partaking of the fruit of the tree of the knowledge of good and evil, following which claims were drafted and served on him. He also prepared his defence and a trial was conducted, the defendant was afforded the right to fair hearing and judgment was eventually delivered, without any appeal. Execution of the judgment was levied with immediate eviction of Adam and Eve from the Garden of Eden and Cherubim were placed at the entrance of the garden to enforce it. The judgment is still being executed till date. The judgment pronounced upon Satan was also executed immediately. The first crime was committed in Genesis Chapter 4 when Cain killed his brother Abel. Charges were drafted and served upon him, he defended himself, trial was conducted and judgment was passed on him. He was allowed the exercise of his right of appeal against the judgment through which he made a case of his dissatisfaction with the judgment and his sentence was subsequently reduced and modified. The ultimate trial was that of Jesus Christ, with all its illogicality and barbarism, leading to His crucifixion. (iv) The Court System The court system was created from the holy scriptures, especially from the book of Exodus 18:17-22, where courts were created in their hierarchical orders. In 2 Chronicles 19:5-11, judges were appointed to settle disputes. The Judicial Oath is taken from this passage and it also applies to lawyers since you have to be a lawyer first before you become a judge in Nigeria. (v) Lawyers The Bible is replete with examples of lawyers who were experts in Mosaic Law, such as scribes and Pharisees, responsible for teaching and interpreting the Torah, like Zenas in Titus 3:13 and Tertullus. Dr Gamaliel and Apostle Paul were shining examples of established lawyers who impacted society positively. Real Estate and Land Registry (vi) The modern real estate business can find its root in Jeremiah 32 where the three PPPs as stated in law were complete, that is the Parties, Property and Price and there was a Deed of Assignment duly signed, sealed and delivered. Title to the land was perfected and deposited in the Land Registry for record purposes of verification and due diligence. Possession was delivered to the purchaser thus completing the transaction. (v) Finance and Accounting, Hospitality Matthew and Zacchaeus were both in the profession of accounting and finance, while Martha created the hospitality department. I have no doubt in my mind that the professional qualifications and experience of the celebrant (Pastor Adeboye), assisted him in no small measure, to transform a church from a dump site into global reckoning with active presence in no less than 192 nations of the world. Ministries and Missionaries (vi) By applying the Pareto Principles of 20/80 ratio in Acts of Apostles Chapter 6, the Apostles practically demonstrated the need for a symbiotic distinction between missionary work and secular engagements. There was the need to achieve church growth by attending to the needs of the worshippers (serving tables) whilst at the same time creating sufficient time for the pastorate to be devoted to the work of ministry (prayer and evangelism) thereby empowering professionals within the church to develop as has been done successfully in South Korea and other jurisdictions. The church and other missions should take advantage of the youth population to create and develop talents and professionals, whilst not detracting from their core goals of evangelism and building proper spiritual foundation for them. A sound spiritual entity without the corresponding economic capacity is a disaster waiting to happen. Without branching fully into commercial ventures, the time has come for the missions to take up the challenges thrown at the youths by those at the helm of affairs in our nation.

NIGERIAN TRIBUNE
22nd September, 2026

PREFACE For over a decade now, statesmen, distinguished scholars, patriots and eminent legal practitioners have converged to brainstorm on key issues of national interest at the annual Pastor E.A. Adeboye Public Lecture, meant to drive positive policies for national growth and development. Permit me to share with you part of my text at the 2026 edition given the nature of the theme and the issues canvassed therein. INTRODUCTION It is axiomatic that the glory of young men is their strength. Indeed, youthfulness is usefulness. It is as true as sunrise that youths remain the backbone of nation-building. The youthful demography of any nation represents a deep well and repository of vital energy, fresh ideas, innovation, creative genius, and more. If properly inspired and engaged, the potential of the youth can be tapped for inestimable contribution to national growth and development in all areas of our national life. Without a shadow of doubt, Nigeria’s youth constitute the majority of the Nigerian population. They are not merely “leaders of tomorrow”; they are drivers of today’s economy. National growth and development depend on intentional policies that empower, equip and engage this vast youthful population. When youth potential is matched with opportunity and good governance, Nigeria’s demographic structure can become its greatest engine of transformation. THE YOUTH IN RELEVANCE In drawing global relevance to this unique breed, God proclaims to the youth that “let no man despise thy youth; but be thou an example of the believers, in word, in conversation, in charity, in spirit, in faith, in purity.” Leaders and institutions across the globe have echoed this divine agenda to integrate the youth into global reckoning. In the words of Franklin D. Roosevelt, “we cannot always build the future for our youth, but we can build our youth for the future.” For Mahatma Gandhi, “if we are to reach real peace in this world … we shall have to begin with children.” The former Secretary-General of the United Nations, Kofi Annan, postulates that “you are never too young to lead, and never too old to learn”, while the Indian rights activist and Nobel Peace Prize Laureate, Kailash Satyarthi, states that the power of the youth is a “commonwealth for the entire world”, highlighting their impact, worldview, enthusiasm, and courage. Dr. Nelson Mandela had once opined that “… young people are the leaders of tomorrow”. For him, ‘young people are capable, when aroused, of bringing down the towers of oppression and raising the banners of freedom.’ No phrase best highlights the relevance of the youth than the statement of the present Secretary-General of Community of Democracies, Thomas E. Garrett, on the occasion of the International Youths Day on August 12, 2025: “The youth wants to and should be involved, and the role of the governments is to provide them with adequate space and opportunities to advance their civic engagement and political participation at both local and national levels.” It is in recognition of this that today’s topic finds greater relevance as the celebrant and his visions are in tune with this global reckoning for the youth through several policy actions and programmes. CONCEPTUAL CLARIFICATIONS MEANING OF YOUTH: In its basic ordinary meaning, ‘youth’ means “the period of your life when you are young, or the state of being young”. It could also denote young people, both male and female, considered as a group. It means the time of life when a person is young, especially the time before a child becomes an adult. What, however, poses a challenge is how to determine a generally accepted age bracket of the youth. In that regard, the term ‘youth’ is versatile and as such, is not easily amenable to a generally accepted definition, particularly regarding those who qualify as ‘youth’ or ‘young persons.’ Nevertheless, there exist certain qualities or attributes which generally define who falls into the category of ‘youth’. At this juncture, we shall consider some of the definitions of the term ‘youth’, especially with reference to age bracket, according to the following sources: UNITED NATIONS The United Nations – for statistical purposes – defines ‘youth’, as those persons between the ages of 15 and 24 years (UN Secretariat/UNESCO/ILO), without prejudice to other definitions by Member States. Moreover, several UN entities, instruments and regional organisations have somewhat different definitions of youth, which the United Nations secretariat recognizes. For instance, the UN Habitat (Youth Fund) defines youth age-group as 15 – 32; UNICEF/WHO/UNFPA defines Young People as those from 10 – 24 years of age and Youth as 15-24 years of age. THE AFRICAN YOUTH CHARTER The African Youth Charter (UN regional instrument) defines Youth as those between the ages of 15 to 35 years. NIGERIAN LAWS: THE CONSTITUTION, (CFRN), 1999 Although the term ‘youth’ is not expressly defined under the Nigerian Constitution, 1999 (as altered), it however establishes key age thresholds that affect young persons. Thus, such a person becomes a full legal adult with capacity to vote, contract, and enjoy civil rights and eligibility for public office: (House of Representatives/State Assembly – 25 years of age; Senate/Governorship/President: 35. For context, the CFRN, 1999, in its Section 29 (1) & (4) (a), sets the majority (full) age at 18 years and above in the following terms: “29 (1) Any citizen of Nigeria of full age who wishes to renounce his Nigerian citizenship shall make a declaration in the prescribed manner for the renunciation. (4) For the purposes of subsection (1) of this section- (a) “full age” means the age of eighteen years and above.” Under and by virtue of Section 77 (2) of the Constitution, as earlier indicated, 18 years is set as the age to be registered to vote. “77 (2) Every citizen of Nigeria, who has attained the age of eighteen years, residing in Nigeria at the time of the registration of voters for purposes of election to a legislative house, shall be entitled to be registered as a voter for that election.” YOUTH PARTICIPATION IN POLITICS With respect to youth participation in politics, the enactment of the CFRN (Fourth Alteration, No. 7) Act, 2018 (a.k.a. Not Too Young to Run Act, 2018) as a constitutional reform intended to reduce the age of qualification for elective public offices, removes age-barriers that excluded young Nigerians from contesting elections, it promotes inclusive democracy and youth political participation has become a significant welcome watershed in respect of youth involvement in politics and governance. THE CHILD RIGHTS ACT, 2003 (CRA) The Child Rights Act defines a child as a person under 18 years of age, guaranteeing certain rights to health, education, and protection from abuse/marriage/labour (under 18) and also offering a child-friendly justice system. The legal implication of this definition is that a person who attains the age of 18 is deemed to have attained the age of legal majority and certainly exits the category of ‘child’ and qualifies as a youth. Furthermore, Section 21 of the CRA prohibits marriage for anyone under 18 years and the Marriage Act requires written parental consent for persons under the age of 21. The challenge with the CRA is that only 23 out of 36 States of the Federation have so far adopted it. Most Northern States have not. LABOUR LAW Under the Labour Law, a young person includes a person between the ages of 14 to 17 years (with limited employment), while a child is a person under 14 years, (generally prohibited from labour). THE NATIONAL YOUTH POLICY AND YOUTH RELATIVISM Perhaps, the most influential definition of the ‘youth’ in terms of age category is the one under Nigeria’s National Youth Policy of 2009 (NNYP). Adopting the definition under the African Youth Charter of 2006, the NNYP defines ‘youth’ as persons of age from 18 to 35 years. However, some argue that youth is a matter of the heart and mind, such that even a chronologically older person – say someone above 40 years – may still identify as a youth. The reality, however, is that chronological juvenescence (i.e., the fact of being necessarily within a chronological young age bracket) is the common overarching denominator or element at the core of the meaning of youth, irrespective of the perspective of any society on the subject. Once a person has passed a particular age limit, he may clearly be said not to be a youth any more. Accordingly, the definition offered by the African Youth Charter and National Youth Policy (i.e. 15 to 35 years) shall be our functional/working definition of youth for the purpose of this discourse and we shall use the term ‘youth’ interchangeably or synonymously as the ideal “Young Population.” NATIONAL GROWTH AND DEVELOPMENT National growth and development is a comprehensive, long-term process where a country improves its overall well-being, encompassing economic expansion, social progress, and better quality of life for all citizens, involving structural changes in industry, human capital, governance, and infrastructure. It goes beyond just economic growth (like GDP increase) to include factors like education, health, poverty reduction, technological advancement, and political stability, aiming for a more prosperous, equitable, and sustainable society. Thus, certain cardinal co-efficients and parameters by which national growth and development may be measured, exist. They include but are not limited to the following: economic growth, quality education, food security, social development, human capital, political and institutional strength, infrastructure, technological advancement, etc. While National Growth (or Economic Growth) forms part and parcel of development, focusing on quantitative increases in output; National Development is a broader concept, integrating growth and ensuring that resources are used to benefit society. A practical example of this is the celebrant’s vision and impact of creating the Redemption Camp at his early age and ministry as a youth and transforming it into the present-day Redemption City in his later years, still as a “youth”, developing durable infrastructure such as stable electricity, water, security, agriculture and thus creating job opportunities through the presence of established institutions such as banks, schools, shopping centres, hospitals, hotels and recreation centres, restaurants, and professional departments (IT Units, Legal Department, Statistics, Urban and Regional Planning, Medical Department, Finance Department, Admin and Personnel, Human Resources, Hospitality, Sanitation, Security, Traffic Mayor, Team Nehemiah, etc, for career advancements for the young and the not too young persons. Constitutionally, the philosophical underpinning of Chapter II of the Nigerian Constitution on Fundamental Objectives and Directive Principles of State Policy is dominantly designed to enhance National Growth and Development at least in theory, a concept which the celebrant imbibed and developed through godly vision, human capital and purpose. If we sustain the campaign to make Chapter II of the Constitution justiciable, it will translate into massive development for our people.

NIGERIAN TRIBUNE
22nd September, 2026

The Ingredients of Offence of Kidnapping: THE prosecution discharges its burden of proving the offence of kidnapping beyond reasonable doubt when the evidence adduced demonstrates the unlawful taking of the victim, against his or her wish. In order for the prosecution to succeed, it has to prove the following facts beyond reasonable doubt: that the victim was seized and taken away by the accused person; and that the victim was taken away against his consent or will; and that the victim was taken away without lawful excuse or that the act was carried out without lawful justification. The offence of kidnapping is complete when the victim is carried away against his wish. Therefore, the essential elements coalesce around the non-consensual deprivation of liberty through the physical removal of the person from his or her chosen location. The specific intention of the perpetrator is not a necessary element for the completion of the actus reus of kidnapping in all its forms. In the instant case, the kidnappers were intercepted by law enforcement officers before reaching their intended destination to demand ransom. Therefore, the prosecution was not required to prove an actual ransom demand in the light of the disruption of the crime by the police. The essential elements of kidnapping were sufficiently established beyond reasonable doubt. The Standard of Proof of Crime and Meaning of Proof Beyond Reasonable Doubt: For the prosecution to establish the guilt of an accused person, evidence must be led to prove such guilt beyond reasonable doubt. Although proof beyond reasonable doubt does not mean proof beyond all doubt or all shadow of doubt, it means the prosecution must establish the guilt of the accused person with convincing, compelling and conclusive evidence. How to Prove Criminal Intention: A defendant’s intention can be inferred from his conduct, surrounding circumstances and intervening events within which he acts. It is from the manifestation of his conduct that his intention can be ascertained. The most direct and compelling avenue for establishing intention lies in the individual’s own articulation. A voluntary confession, freely and unequivocally made, wherein the defendant explicitly declares his purpose, offers the clearest insight into his state of mind at the material time. However, such explicit admissions are infrequent occurrences. In the instant case, on a community consideration of the appellant’s conduct, coupled with the entire circumstances of the case as well as the events leading to the same, the making of the inference from his obvious conduct could not be speculative so as to cast any doubt on his intention. The appellant’s intention was in tandem with the particular “for purposes of payment of ransom kidnaps and takes another person hostage”. The Proper Forum for Attack on Credibility of Witness: The proper forum for an assault on the credibility of a witness is at the trial court, during the heat of the proceedings, and not in a written brief presented at an appellate court. In the instant case, despite the opportunity afforded, the appellant failed to meaningfully challenge the testimony of PW2. Under cross-examination, she remained steadfast in her assertion that she identified the appellant by the illumination provided by flashlights. The appellant’s attempt to discredit her in his brief of argument was a wrong tactic. How to Establish Inconsistency in Evidence of Witness: Inconsistency in evidence can only be established by comparing multiple pieces of evidence given by the same witness. In the instant case, the appellant contended that PW2’s testimony, relied upon by the trial court, was inconsistent. However, PW2’s extra-judicial statement, which the respondent sought to tender, was objected to by the appellant and consequently marked as rejected at the trial court. So, there was no second version of PW2’s statement on record against which her testimony before the trial court could be evaluated for contradictions. Thus, the appellant’s claim that PW2’s testimony was inconsistent lacked foundation. The Effect of Document Marked Rejected: Once a document is marked as rejected, it remains inadmissible for all purposes within the same trial and its defect cannot be cured in that proceeding. The Primary Duty of Trial Court to Evaluate Evidence and Ascribe Probative Value Thereto: A trial court, which has the opportunity to observe the demeanour of witnesses, is best suited to evaluate their credibility and ascribe probative value to their testimony. In the instant case, the trial court rightly held that the prosecution proved its case beyond reasonable doubt on the strength of PW2’s eyewitness account and the testimony of PW4, who rescued the victim from the trunk of the Peugeot 406 wagon. NOTABLE PRONOUNCEMENT: On Serious Nature and Effect of Kidnapping the Old and Elderly and Duty on Court to Protect the Vulnerable, Uphold the Law and Preserve Values of Nigerian Society: Per OKORO, J.S.C. at page 610, paras. A-D: “Kidnapping, in any form, is a heinous offence, but the targeting of a 98-year-old woman, frail and vulnerable, for the purposes of ransom, reveals a depth of depravity that is shocking to the conscience. It is particularly disturbing that the perpetrators of this crime are young men who have shown a complete disregard for the sanctity of age and the respect owed to our elders, ignoring the hallowed years, the elders sacred right! Kidnapping instills fear, erodes trust, and undermines the sense of security that should prevail in our communities. When the elderly, who are often the most vulnerable, are targeted, it sends a chilling message that no one is safe. It disrupts the social order and threatens to destroy the bonds of respect and care that hold us together. I hope that this conviction and the sentence imposed will serve as a deterrent to others who may be tempted to engage in such reprehensible acts. Let it be known that this court will not tolerate such crimes and will come down heavily on those who perpetrate them. It is our duty to protect the vulnerable, to uphold the law, and to preserve the values of our society.” CONCLUSION The state of crime in the country has become very alarming, especially when life itself has become a tool for commercial ventures. In most cases, kidnapping is seen as a means to enrich the perpetrators, at the expense of the lives of the victims. With the disturbing revelation that even the government has been paying ransom to kidnappers, citizens have become seriously helpless. Although many States have adjusted their criminal laws to make the offence of kidnapping punishable with death, this alone will not solve the monstrous problem. Deployment of technology, funding of the law enforcement agencies, inter-agency collaborations between the relevant agencies involved in the investigation and prosecution of crime, effective prosecution of suspected kidnappers and active engagement of the youth in the formal and informal sectors are viable solutions for consideration. There is an urgent need for a holistic overhaul of the entire security architecture of the nation to make it more effective and result oriented. This is important and critical for national peace and development as a violence-free environment is a booster for rapid economic development. In addition, political office holders should stop arming youths for political engagements and contests. The danger in this is that such dastardly efforts always backfire after the main mission has been accomplished. Political thugs become an unwarranted liability on the masses, including their families. The backing provided by political heavy weights encourages the criminals to advance in their nefarious activities, knowing that even when they are caught, somebody somewhere will intervene to grant them soft landing. This has always been the bane of effective war on crimes and criminals. At the stage of arrest, extraneous interventions work out in their favour to either secure their release or facilitate favourable prosecution through defective charges, poor investigation and lame prosecution, all meant to create loopholes for the accused person to lap upon to defeat the case against him. Added to this is the need for a central data regime that will capture the relevant particulars of all citizens. Accurate data is an effective tool in forensic investigation and analysis.

NIGERIAN TRIBUNE
30th April, 2026

Nigeria's electricity sector remains one of the most critical yet troubled components of its economy. Despite decades of reforms, including the landmark Electricity Act 2023, the country continues to experience erratic power supply, infrastructural decay, and financial instability. This article examines the core problems in Nigeria's power sector and proposes practical solutions, supported by relevant legal frameworks, vis-a-vis the solemn promise made to the people of Nigeria by President Bola Ahmed Tinubu in the course of his political campaigns. Power generation is the main issue in regard to the socio-economic development of any nation. In Nigeria, however, successive governments have deployed it for political gains, knowing the importance that Nigerians attach to it. Thus, in 2015 when it was canvassing for votes from the electorate, the All Progressive Congress stated as follows: "INFRASTRUCTURE: APC WILL: Generate, transmit and distribute from current 5,000 - 6,000 MW to at least 20,000 MV of electricity within four years and increasing to 50,000 MW with a view of achieving 24/7 uninterrupted power supply within ten years, whilst simultaneously ensuring development of sustainable/renewable energy." Manifesto of the All Progressive Congress (APC), submitted to the people of Nigeria in the wake of the 2015 general elections. While seeking the mandate of the people to be voted into office, President Tinubu declared that he will surely and certainly fix the power sector issues which will guaranty stable, functional and efficient electricity supply. During the 2023 presidential campaign in particular, the President made a notable promise regarding the Nigerian power sector, stating that if he fails to provide stable electricity within his first four years, Nigerians should not vote for him for a second term. The statement as monitored from his campaign video, states thus: "If I don't keep the promise (of providing electricity) and I come for a second time, don't vote for me," adding that he would provide "24-hour electricity" and end estimated billing. Eleven years after the APC manifesto and three years after his swearing in, the electricity situation has not fared any better, if not worse. For instance, I have never experienced electricity supply in my hometown since I was born, as we are not connected to the national grid at all. Several towns and villages are like my hometown, locked out of any form of development at all, yet we are classified as oil producing. The impression that our leaders in power have conveyed to us is that it is practically impossible to have stable and permanent power supply; that we don't have the resources to build the needed energy plants that will meet the needs of all Nigerians; and that we must accept generators as second nature if we must function and survive as a people. Churches, banks, schools, small businesses, factories, government ministries and departments, police stations, the courts and even PHCN itself, all depend on generators. Instead of fulfilling his promise, the President has exited the epileptic national grid to the suffering masses of Nigerians and this has trickled down as the Nigerian Revenue Service has recently announced its exit too. In reality, the President may have forgotten that he made any promise to Nigerians, since Aso Villa is now powered with modern solar technology. Overview of Nigeria's Power Sector Crisis Nigeria's power sector has long been characterised by inadequate generation, weak transmission networks, and inefficient distribution systems. Although installed capacity exceeds 13,000 MW, actual generation is often far lower due to systemic inefficiencies and constraints. Frequent national grid collapses, blackouts, and dependence on private generators highlight the depth of the crisis. It is very difficult to know what to believe between bogus figures being bandied by the government and the institutions established to manage the power sector. The Major Problems in the Power Sector a. Inadequate Generation Capacity Nigeria generates far less electricity than required for its population of over 200 million people. Structural issues such as gas supply shortages and overreliance on fossil fuels limit output. The system equipment is obsolete and no major investment is imminent to end the rot. b. Poor Transmission Infrastructure The transmission network, largely controlled by the government, is outdated and unable to efficiently evacuate generated power. Aging infrastructure contributes to frequent grid failures. What is required is a total overhaul, not selective attention meant to garner acceptability. c. Inefficient Distribution System Distribution companies (DisCos) struggle with: High technical and commercial losses, mostly from government agencies. Poor metering systems, fueled by corruption and bureaucracy. Inability to recover costs, as the route for such endeavour are very cumbersome and costly. This results in unreliable service delivery and revenue shortfalls. While the consumers are shouting blue murder against the DISCOs, the latter is always complaining of frustration by the system. d. Financial and Liquidity Crisis It has been alleged that the sector is heavily indebted, with trillions of naira owed to generation companies. This discourages investment and limits expansion. We were, however, informed lately that the President has ordered the payment of all legacy debts connected with the power sector. It is therefore surprising that Nigeria is currently experiencing the worst in electricity supply after the financial liquidity issue has been addressed. e. Regulatory and Policy Challenges Prior to recent reforms, the legal framework "primarily the Electric Power Sector Reform Act 2005" was insufficient to address evolving sector challenges, including decentralisation and renewable integration. This led to several suggestions for an amendment of the said Act which was indeed accomplished in 2023. But that has not changed anything. f. Vandalism and Energy Theft Pipeline vandalism, electricity theft, and sabotage of infrastructure further weaken the system and increase operational costs. 3. Legal Framework Governing the Power Sector a. Electricity Act 2023 The Electricity Act 2023 is the most comprehensive reform in Nigeria's electricity sector. It repealed the 2005 Act, decentralised the sector by empowering states to regulate electricity markets, encouraged private sector participation and promoted renewable energy development. These reforms have however remained opaque and elusive as Nigerians still grapple with generators all over the country. b. Nigerian Electricity Regulatory Commission (NERC) Established under earlier reforms and strengthened by the new Act, Nigerian Electricity Regulatory Commission oversees licensing, tariff regulation, and consumer protection. It is considered to be a weak institution, displaying inability to muster the needed willpower to enforce the law. c. National Integrated Electricity Policy (NIEP) This policy provides strategic direction for long-term sector planning and energy mix diversification. 4. Solutions to Nigeria's Power Sector Crisis a. Decentralization and State-Level Electricity Markets The Electricity Act 2023 allows states to generate and distribute electricity independently. This can reduce pressure on the national grid, encourage localised solutions and improve efficiency through competition. The President should develop a road map for the power sector as a matter of priority and this should be done in active collaboration with the states. The convergency of interests should not be visible only on political matters but should be extended to and include developmental projects. b. Investment in Infrastructure Significant investment is required in transmission networks, smart grid technologies and renewable energy systems. Public-private partnerships (PPPs) should be strengthened under the legal framework. Like the reforms implemented in the telecommunications sector, government should be concerned with effective regulation. c. Cost-Reflective Tariffs Implementing tariffs that reflect actual costs "while protecting vulnerable consumers" can improve liquidity and attract investors. d. Promotion of Renewable Energy The law supports renewable energy integration, including solar mini-grids for rural electrification. This reduces dependence on fossil fuels and improves energy access. e. Strengthening Regulation and Governance Enhancing the capacity of Nigerian Electricity Regulatory Commission ensures transparent licensing regime, holistic enforcement of market rules and protection of consumer rights. f. Addressing Sector Debt Government intervention "such as debt refinancing and subsidy reforms"can stabilise the sector financially and restore investor confidence. g. Tackling Vandalism and Energy Theft Stronger enforcement of electricity offences under the Electricity Act 2023 is essential to reduce losses and protect infrastructure. 5. Conclusion Nigeria's power sector crisis is deeply rooted in structural, financial, and regulatory challenges. However, the introduction of the Electricity Act 2023 marks a turning point by providing a modern legal framework for reform. If effectively implemented "alongside investment, decentralisation, and improved governance" the Act offers a realistic pathway to achieving stable and sustainable electricity supply in Nigeria. For now, we hold the President to the solemn promise he voluntarily made to the people of Nigeria that he is willing and able to fulfil that undertaking, failing which he should expect the enforcement of the consequence, which is that Nigerians should not vote for him for a second term in office if the darkness persists. With the resources said to have accrued from the trumpeted economic reforms, there is no reason that Nigerians should keep enduring high tariffs for darkness and estimated billings drain their resources painfully. Abia State has recorded stable power supply through effective partnership with the private sector, so electricity supply is not rocket science and unless the issue is resolved by the President in line with his solemn promise, it may be a burden he will carry for a long time and into the coming election.

NIGERIAN TRIBUNE
30th April, 2026

INTRODUCTION According to the learned authors of Black's Law Dictionary, kidnapping is "the crime of seizing and taking away a person by force or fraud, often with a demand for ransom (also manstealing)." For Collins English Dictionary, to kidnap is "to carry off and hold (a person), usually for ransom". This is corroborated by the learned authors of Jowitt's Dictionary of English Law as "the forcible abduction or stealing away of a person, whether a man, woman, or child. It is an offence punishable at common law by fine and imprisonment. Morally speaking, it is wrong to steal anything, how much less a human being. In the ordinary course of events, the law frowns at the intent to take away something with the hope of depriving the owner thereof its permanent use. To kidnap a person therefore connotes that the kidnapper intends to deprive the victim of the use of his or her life, which is why the law places the offence of kidnapping in the same status as murder, with some statutes prescribing the maximum penalty of death. When a 98-year-old great-grandmother is kidnapped, then there should be no remedy for the felon, because such a gruesome act borders on irredeemable depravity. There can be no justification for this heinous display of wickedness by the appellant and his gang, although I am well aware of the challenges faced by citizens in our present dispensation, especially the youth. No matter the difficulties that people face or contend with, it cannot ground the seizure or theft of an old woman, subjecting her to such a traumatic experience of keeping her in the trunk of a car, with all the inconveniences and dangers to her life and safety. But for the police and the act of divine intervention, the poor woman would most probably have died from exhaustion and suffocation even before the criminals got to their evil destination. I join the call upon the government to do more in job creation and youth empowerment, but the youth too must embrace contentment, diligence and believe in honest endeavours as the surest means of lasting prosperity and human survival, and stop chasing miracle money and exploring shortcut options to attain sudden wealth. THE FACTS OF THE CASE The facts of this case are as reported in Abanobi v The State (2026) 5 NWLR (Pt.2037) 587. The appellant, acting in concert with his co-accused on 26th October 2014, kidnapped and took hostage one Madam Lydia Acho, a woman of 98 years old. She was purportedly abducted from her residence in Isuikwuato Local Government Area in Abia State. However, she was subsequently rescued on the same day within Ikuwano Local Government Area in Abia State following a car chase by the police. The appellant and the 2nd accused person were later apprehended at the locus criminis with the appellant having sustained gunshot wounds. PW2, during her testimony, left the witness box to identify the appellant and the co-accused person in the dock. Under cross-examination, she stated that she was able to identify the appellant and his co-accused by the illumination from a flashlight. The police officer who led the patrol team that accosted the appellant and his co-marauders and rescued the victim testified as PW4. He gave evidence of how the appellant and the co-marauders were accosted by the patrol team while inside a Peugeot 406 wagon vehicle with which the victim was kidnapped. The driver of the vehicle lost control and rammed it into a tree and the occupants, including the appellant ran into the surrounding bushes. The police shot at the occupants of the vehicle while they were trying to escape and noticed blood at the scene. Upon approaching the vehicle, the police rescued the victim from the boot of the vehicle and took her to the hospital. With the help of the community vigilantes, the appellant, with a bullet wound, and the 2nd accused person were arrested from the bush. The appellant's two phone handsets were recovered from the vehicle. Following his apprehension, the appellant made a statement to the police, exhibit "B", and was the sole witness in his defence. His story was that he too was kidnapped by the two passengers he carried in the Peugeot wagon on his way from his village in Anambra State to Aba. He admitted that he was in the vehicle with which the victim was kidnapped and taken away. He was there when the police led by PW4 accosted them, the vehicle rammed into a tree, the police shot at them and he bolted and ran inside the bush and slept there till the following morning for his safety. He further testified that on the following morning he came out from his purported concealment within the bush with the aim of reporting the incident of kidnapping at the police station. However, contrary to his alleged intention, he was instead apprehended by the police and subsequently charged with the very act of kidnapping he intended to report. He stated that he was released by the fleeing kidnappers amidst a barrage of gunfire, one of which hit him. However, in his extra-judicial statement, he claimed that he remained in the trunk of the car while one of the two alleged hijackers stood guard over him. At the conclusion of trial, the trial court in its judgment convicted the appellant and sentenced him to death for the offence of kidnapping contrary to section 3(a) of the Prohibition of Terrorism, Kidnapping, Hostage-Taking, Use of Offensive Weapons or Explosives and Other Threatening Behaviour Law No. 10 of Abia State, 2009. Dissatisfied, the appellant appealed to the Court of Appeal which affirmed the judgment of the trial court and dismissed his appeal. Still dissatisfied, the appellant appealed to the Supreme Court where he contended that the respondent failed to prove the offence charged as there was no evidence that he kidnapped the victim for the purpose of payment of ransom. In determining the appeal with final dismissal, the Supreme Court considered the provision of section 3(a) of the Prohibition of Terrorism, Kidnapping, Hostage-Taking, Use of Offensive Weapons or Explosives and Other Threatening Behaviour Law, No. 10 of Abia State, 2009, which states as follows: "3(a) Any person who, for the purpose of payment of ransom, kidnaps and takes another hostage is guilty of an offence." What constitutes offence of kidnapping: Section 3(a) of the Prohibition of Terrorism, Kidnapping, Hostage-Taking, Use of Offensive Weapons or Explosives and Other Threatening Behaviour Law No. 10 of Abia State, 2009 stipulates that any person who, for the purpose of payment of ransom, kidnaps and takes another person hostage is guilty of an offence. The section suggests an acknowledgment of the distinction between the offence of kidnapping as understood within broader legal jurisprudence and the specific instance contemplated under that legislation where the element of "for purposes of payment of ransom" is expressly incorporated as a necessary and constituent element for establishing guilt. The distinction is pertinent when considering the general principles governing the offence of kidnapping. What Constitutes Offence of Kidnapping: Section 3(a) of the Prohibition of Terrorism, Kidnapping, Hostage-Taking, Use of Offensive Weapons or Explosives and Other Threatening Behaviour Law No. 10 of Abia State, 2009, prescribes that the kidnapping and taking another hostage must have been actuated by the intention to ask for or for the purposes of payment of ransom. It does not provide that for the offence of kidnapping to be complete, the ransom must have been paid. It only prescribes manifestation of an intention by the abductor to demand or obtain payment of ransom. What this postulates is that where the definition of kidnapping includes abduction for some specific purpose, the mens rea that the prosecution must prove in order to obtain a conviction must include the specific purpose. Therefore, it is not enough to prove that the defendant intended to abduct the victim. In order to secure a conviction of the defendant, the prosecution must prove that the defendant abducted the victim with the specific intention of obtaining payment of ransom. There must be an indication on the part of the defendant of trying to obtain an advantage or holding the victim for ransom. The prosecution has to prove beyond reasonable doubt that the accused intended to detain the alleged victim in order to demand and obtain a sum of money for the alleged victim"s release. It does not matter whether the defendant in fact demanded money or whether the defendant succeeded in obtaining any money. There must be some overt act manifesting that intention. In the instant case, it was clear that the intention of the appellant and his co-accused was to kidnap and take the victim for the purpose of payment of ransom. Contrary to the appellant's submission, both the trial court and the Court of Appeal did not speculate on whether the victim was kidnapped for the purpose of ransom. The intention of the appellant and his co-accused person to demand ransom could be inferred from their conduct, given the overall circumstances of the case. The ingredients of the offence were established against the appellant. The Probable Motivations for Kidnapping: The jurisprudence of the offence of kidnapping extends beyond instances solely motivated by demand for payment of ransom. Criminals take hostages as a shield to help them escape from the scene of a crime. In addition, kidnapping could also be motivated by personal grudges.