24092020 - BLACK WEDNESDAY: 30 killed in Kogi petrol tanker explosion

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C M Y K 34 — Vanguard, THURSDAY, SEPTEMBER 24, 2020 Illegality of laws authorising AGF and governors to detain Nigerian citizens By FEMI FALANA THE Criminal Ordinance imposed on conquered territories by the British colonial regime provided for the detention of people at the pleasure of His Majesty, the King of England. The few traditional rulers who challenged the ruthless exploitation of the resources of the territory of Nigeria and particularly the monopoly of coastal trade by foreign business tycoons were deposed and deported to remote areas in the Carribean Islands. It is on record that some of those traditional rulers died in exile. At the end of colonial rule the obnoxious provision of detaining citizens at the pleasure of governors was retained in the criminal procedure codes of the independent states, including Nigeria. Under the current democratic dispensation some elected state governors have continued to depose and banish traditional rulers to remote areas in the country for security reasons. To legitimise the colonial legacy, the Administration of Criminal Justice Laws of all states in Nigeria has empowered state governors to detain people at their pleasure. Curiously, hell was let loose recently when Governor Hope Uzodimma of Imo State signed into law the Administration of Criminal Justice Bill which had been passed by the Imo State House Assembly. The governor has been singled out for sustained attack in the media because section 484 of the Law has conferred powers on him to detain people at his own pleasure. Instead of the diversionary fixation on the Imo State Law it is high time the constitutionality of keeping citizens in custody at the pleasure of the AGF and State Governors was examined. Justifications for detaining citizens at the pleasure of governors: Section 484 of the Imo State Administration of Criminal Justice Law provides that: “Where any person is ordered to be detained during the Governor’s pleasure he shall notwithstanding anything in this Law or in any other written law contained be liable to be detained in such place and under such conditions as the governor may direct and whilst so detained shall be deemed to be in legal custody”. Section 485 thereof states that: "A person detained during the governor’s pleasure may at any time be discharged by the governor on license. The license under the section may at anytime be revoked or varied by the governor and where license has been revoked the person to whom the license relates shall proceed to such place as the governor may direct and if he fails to do so, may be arrested without warrant and taken to such place.” In supporting the controversial sections of the Imo State Administration of Criminal Justice Law some lawyers have placed premium on the case of Guabadia v. The State (2004) guaranteed the personal liberty of every person in Nigeria. No doubt, the human right to personal liberty is not absolute. But no person shall be deprived of such liberty save in strict compliance with a procedure permitted by law. Hence, the conditions under which people may be legally deprived of their fundamental right to personal liberty are set out in sections 35. It is specifically stated that "persons suffering from infectious or contagious disease, persons of unsound mind, persons addicted to drugs or alcohol or vagrants" may be deprived of their liberty "for the purpose of their care or treatment or the protection of the community". Section 330 of the Lagos State ACJL 2015 is in pari materia with Section 484 of the Imo State ACJL 2020 except that the term “at the pleasure of the governor” is used instead of “at the discretion of the Governor” in the Lagos State ACJL. Since the President is busy with the management of the affairs of the Republic the Attorney-General of the Federation (AGF) is empowered by section 438 of the Administration of Criminal Justice Act to detain citizens indefinitely in a safe custody or suitable place other than prison or mental All laws which have conferred powers on state governors to detain convicted offenders health asylum. It is submitted that no violation of fundamental rights to personal liberty and fair ALL FWLR (Pt. 205) 191 SC, (2004) 2 SCNJ 55 where the death sentence passed on the appellant was set aside and in its place, the appellant was ordered to be detained at the plea- FEMI FALANA, SAN sure of the Gover- nor of Edo State. With respect, the case is totally irrelevant as the constitutional validity of section 208 of the repealed Criminal Procedure Law of Edo State was not considered by the Supreme Court. In fact, when the constitutionality of a similar provision was raised in the case of Sunday Modupe v The State (1988) All N.L.R.371 the apex court said that it could not be considered as it had not arisen from the issues for determination formulated by the parties in the appeal. Other lawyers have made a strong case for the retention of the provision of the law on the grounds that the order is always made by courts to detain convicted children and persons who are non compos mentis. It is submitted, without any fear of contradiction, that the provisions of all laws that empower citizens to be detained at the pleasure of the Federal Attorney-General and State Governors cannot be justified under section 35 of the Constitution of Nigeria and article 6 of the African Charter on Human and People's Rights Act which have hearing can be worse than the treatment that is meted out to a convict who is detained indefinitely at the pleasure of the AGF. In other words, neither the Constitution nor the Criminal Code could have contemplated a situation whereby a trial court that has tried and convicted a defendant will turn round to make an order to the effect that the convict be detained by the AGF who had successfully prosecuted him! By directing a convicted person to be detained indefinitely in a safe custody on the orders of the AGF a trial court has abdicated its judicial functions to the executive organ of the government. More so that it is only the AGF who may at any time revoke or vary the licence. All laws that provide for the preventive detention and post-conviction detention of citizens are inconsistent with section 35 of the Constitution and are illegal, null and void by virtue of section 1(3) of the Constitution. Usurpation of judicial powers by the executive: It is submitted that the Constitution did not envisage a situation whereby the judicial powers of the Federation vested in the courts by section 6 of the Constitution will be shared with the executive or the legislature. In other words, the power to sentence a person who has been tried and convicted by a court cannot be subjected to the exercise of the discretion of the executive. To that extent, all laws which have conferred powers on state governors to detain convicted offenders at their pleasure are illegal and unconstitutional. This point was sufficiently addressed in the case of Hinds and other v The Queen; Director of Public Prosecutions v Jackson, Attorney General of Jamaica [1976] 1 All ER 1976, [1976] 2 WLR 366, (1975) 119 SJ 864, [1976] Crim LR 124, [1977] AC 195 where Lord Diplock rightly said that “…what Parliament cannot do, consistently with the separation of powers, is to transfer from the judiciary to any executive body whose members are not appointed under Chapter VII of the Constitution, a discretion to determine the severity of the punishment to be inflicted upon an individual member of a class of offenders.” To be concluded are illegal and unconstitutional Telemedicine and malpractice insurance By FEMI OBIKUNLE T ELEMEDICINE involves remote diagnosis and treatment of patients through telecommunication technology. It is manifestly beyond diagnosis and prescription through telephone as the average person tends to think. Telemedicine allows patients to access medical expertise quickly and efficiently without the need to travel. Telemedicine services can be used for a number of non-emergency situations such as diagnoses of common medical problems such as allergies, asthma, bronchitis, cold, or flu, ear infection, pinkeye, rashes, digestive problems, and many other issues. Some of the potential benefits of telemedicine include increased access to health care (especially in underserved areas and among underserved populations), expanded utilization of specialty expertise, system coordination and integration, ready availability of patient records, and reduced opportunity costs of care for patients. These advantages and benefits of telemedicine practice must be balanced with the reality of any professional practice. Professionals are individuals who have passed rigorous examinations, are licensed to practise, subscribe to ethical guidelines and mandatory continuous post-qualification training. Employers and telemedicine practitioners ought to be concerned about medical malpractice claims, and how the use of telemedicine may affect their legal responsibility. Telemedicine may give rise to complex legal issues for medical practitioners in Nigeria, if proper procedures and guidelines are not followed. These claims may arise from: i) Malfunctioning of telehealth equipment ii) Wrong diagnosis iii) Wrong patient recordsaccess iv) Non-access to patient records v) Prolonged downtime of telemedicine system vi) Professional negligence of telemedicine practitioners vii) Failure of telepharmacy viii) Post-telesurgery complications ix) Employers' collateral liability x) Telemedicine employees malfeasance Telemedicine insurance plays a very fundamental role in ensuring that professionals and their employers are financially protected against these claims. Malpractice describes a breach duty owed by someone rendering professional services to a person who has contracted for such services. According to Gostin (2000), the mortality resulting from medical errors each year in USA is estimated to be between 44,000 and 98,000 per y e a r , accounting for more deaths than motor vehicles crash, breast cancer, or Acquired Immunodeficiency Syndrome. It is instructive at this juncture to review the trend of Malpractice claims in a North American State. No-Fault Compensation for Medical Injury: A Case Study: According to Horwitz and Brennam (1995), Florida found itself facing a crisis in medical malpractice liability in the 1970s and 1980s. Between 1970 and 1975, more than twenty medical malpractice insurers canceled their coverage of Florida physicians, and by the mid-1980s the state's largest malpractice insurer ceased doing business there altogether. The major reasons for this closure of malpractice claims were increasing, particularly for obstetrics; and severity of claims (that is, the amount paid out) also was increasing, again particularly for obstetrical cases. Clearly, a legislative response to the perceived crisis was called for. In 1988, Florida passed a bill transferring liability cases for newborn infants' neurological injuries from the tort system to a no-fault system. Unlike the tort system, nofault liability compensates patients who suffer any treatment-induced injury, not just those that can be traced to medical malpractice, or negligence (Horwitz and Brennan, 1995). This is a qualitative advisory for countries •Telemedicine service in progress Telemedicine allows patients to access medical expertise quickly and efficiently without the need to travel that are yet to embrace telemedicine practice. In USA, Kilpatrick and Cody (2009) from Georgia Telemedicine Center (College of Medicine) stated that “a current argument has been made that a physician carrying out consulting services in telemedicine should be protected from malpractice claims from a referring physician. Current case law suggests that courts will find a physician-patient relationship, and hence contractual obligation exists in telemedicine. According to Kilpatrick and Cody (2009), the courts determined that the following factors to form the basis of such relationships: 1) If the Consultant has met the patient, or know the patient’s name; 2) If the Consultant examined the patient’s chart; 3) If the Consultant examined the patient; 4) If the Consultant accepted a fee for his, or her services. It is possible for a consulting physician to establish legal physician-patient relationships if any of these conditions are met. Group professional liability insurance reduces cost for individual practitioners as the following example demonstrates. Some experts in the field of telemedicine argue that telemedicine reduces individual practitioner's liability because the practice involves collaborations between several healthcare professionals. However, there is a general consensus that telemedicine raises patients' expectations which could lead to malpractice claims when their needs are not fulfilled. In addition, the practice itself could challenge an insurance company with regards to the grey area of coverage provided that may not be properly written. According to a round table discussion coordinated by Diane Hoffmann, who is a Professor of Law at the Maryland School of Law and Health Program ( 2010), “ there has been a lack of telemedicine malpractice cases from which to draw some ground rules about legal risks associated with telemedicine. The majority of legal actions that have been associated with telemedicine were brought against providers who prescribed medication over the internet, rather than claims brought against providers for negligent care administered through telemedicine.” The case study was designed to stimulate discussion involved the provision of teleoncology consultation services by a medical center in one state to patients in another state. The complicated fact pattern included a patient (Kay) located in Oklahoma and diagnosed by her attending physician (Dr. Local) with lung cancer but also being seen by a consulting oncologist Although there are few legal cases involving telemedicine, there is a widespread assumption that telemedicine may pose new complications to traditional medical malpractice claims, in particular jurisdictional, choice of law, and procedural issues and duty of care concerns. As the use of telemedicaaaa2ine grows, malpractice claims relating to telemedicine services may increase and, if so, these complications are likely to create a new body of law. Another illustrative malpractice claim is expounded in a recent case in Telemedicine malpractice that related to online prescribing was that of a United States doctor who was sentenced in 2017, to nine months in county jail with a fine of more than $4,000 for practicing medicine in a patient’s home state without being licensed in that state. It began when a patient filled out an online questionnaire. The website forwarded their responses to a processing firm which sent them to the physician, who was subcontracting for an online pharmacy and prescribed an antidepressant to the patient. Shortly after filling the prescription, the patient committed suicide. To be concluded
Continues from Page 5 the House of Lords, to focus on the problems facing their country and leave Nigeria alone. Deputy National Publicity Secretary of APC, Mr Yekini Nabena, told Vanguard in a telephone interview that each country has its own fair share of security and other challenges. Noting that the violence in Southern Kaduna, some parts of the Middle Belt and other states of the federation could not be described as genocide, Nabena advised the UK to also begin to look at the bright side of things in Nigeria. He said: “There is nothing like genocide. They are always looking for negative stories in Africa, especially Nigeria. Yes, there is a situation in Kaduna and some other places, but it is not genocide. They should try as much as possible to get the UK government to put Naira depreciates to N465/$ in parallel market By Elizabeth Adegbesan THE Naira, yesterday, depreciated to N465 per dollar in the parallel market. According to naijabdcs.com, the live exchange rate platform of the Association of Bureaux De Change Operators of Nigeria (ABCON), the parallel market exchange rate rose to N465 per dollar from N463 kobo per dollar on Tuesday, indicating two naira depreciation of the Naira. Similarly, the Naira yesterday depreciated by 20 kobo in the Investors and Exporters (I&E) window. Data from FMDQ showed that the indicative exchange rate for the window rose to N386 per dollar yesterday from N385.80 per dollar on Tuesday, translating to 20 kobo depreciation of the Naira. The volume of dollars (turnover) traded in the window rose by 58 percent to $69.22 million from $29.42 million on Tuesday. vanguardnews @vanguardnews @vanguardnews ON NIGER DELTA AFFAIRS—From left: Senior Special Assistant to the President on Niger Delta Affairs, Sen. Ita Enang; FCT Chairman of Host Communities of Nigeria Producing Oil and Gas (HOSCON), Apostle Ezekiel Akpan; National Chairman of HOSCON, Dr Mike Emuh; and National Woman leader, Mrs Josephine Odungide, during the visit of the delegation to the office of the Senior Special Assistant in Abuja, yesterday. Photo: NAN. UK lawmakers write C'wealth over insecurity in Nigeria its house in order, especially considering their economic crisis, while Nigeria and Africa will also try and put their own in order. “Why are they always looking for negative things to say about Nigeria and Africa? How about the positive things that are also happening? How about the negative things that are going on in the UK? They should try and project the positive things happening in Nigeria too.” ‘A vote of no confidence’ In its reaction, Peoples Democratic Party, PDP, said the security alert in the country raised by the British parliamentarians was an indication of a vote of no confidence on the President Muhammadu Buhari-led government by a highly respected member of the international community. Deputy National Publicity Secretary of the party, Diran Odeyemi, said the Federal Government’s inability to run Boko Haram terrorists out of town showed that President Buhari’s pledge to deliver on security has failed. He said: “Nigerians know a long time ago that security under the watch of President Buhari has broken down. All efforts to draw the attention of the Federal Government to overhaul the security architecture fell on deaf ears. “If the security situation in the country has become a subject of debate in the British parliament, that is an indication that the international community has passed a vote of no confidence on this government. “For us in the PDP, the position of the British lawmakers is a vindication of our stand that things will only get worse under this government. But we can’t stop advising them because we want the best for our country. “If international visa ban could make them conduct credible election in Edo State; we equally call on them to listen to those lawmakers and sack the service chiefs without further delay. The service chiefs have done the best they are capable of and time to replace them is now.” The party also called on the government to take the fight against terrorism to the criminals in their enclaves, lamenting that in the past few years, many Nigerians died recklessly owing to government’s failure to secure them from the hands of their killers. Vanguard, THURSDAY, SEPTEMBER 24, 2020 — 35 NEWS HOTLINES 018773962, 08052867058 ELECTRICITY TARIFF, PETROL PRICE HIKE: FG moves to abort planned strike, invites Labour for talks •Govs move to stop strike, hold emergency meeting today By Henry Umoru, Victor Young, Johnbosco Agbakwuru ABUJA — In a desperate move to abort the planned nationwide strike and mass protest over the recent hike in electricity tariff and petrol pump price scheduled for next Monday, the Federal Government has invited organized labour to a meeting today. The meeting, which will be hosted by the Minister of Labour and Employment, Senator Chris Ngige, is scheduled to hold by 3pm at the Old Banquet Hall, Presidential Villa, Abuja. Recall that the previous meeting between government’s representatives and labour on September 15, ended without any agreement. One of leaders of Nigeria Labour Congress, NLC, who spoke to Vanguard on condition of anonymity, acknowledged receipt of government’s invitation and confirmed that labour leaders will attend. He said: “Yes, our leaders received invitation from government for a meeting on Thursday (today). We will attend the meeting because we have made demands. We will attend the meeting to see if our demands will be addressed.” Both the NLC and its Trade Union Congress of Nigeria, TUC, counterpart, have rejected the hike in the pump price of petrol and electricity tariff, demanding their reversal to avoid nationwide strike and mass protest. While the TUC had earlier given the government a sevenday ultimatum which expired on September 22, to go back to the old prices, the NLC gave September 28 deadline for government to cancel the new increment. The TUC had Tuesday extended its strike notice to tally with the NLC deadline. Same Tuesday, the highest decision making organ of NLC, the National Executive Council, NEC, ratified the September 28 national wide indefinite strike and mass protest should government fail to revert to old prices. It will be recalled that at the NLC NEC meeting held at Labour House, Abuja, NEC ordered the 36 NLC state’s councils and the Federal Capital Territory, FCT, Abuja, to intensify mobilization of workers and other Nigerians, faulting the timing of the increments. Speaking after the NEC meeting, President of NLC, Ayuba Wabba, advised the Federal Government to, in the interest of industrial peace and social order, listen to cries of workers and other suffering Nigerians and rescind the increases, warning that failure to meet the demands would made the planned strike and mass protest inevitable. According to him, “The National Executive Council of the Nigeria Labour Congress comprising members of the National Administrative Council, President and General Secretary of members of the affiliate unions and our state council chairpersons and secretaries of the 36 states and FCT met today (yesterday) and resolved as follows: “NEC resolved to reject in its entirety the issue of hike in electricity tariffs by almost 100 per cent as well as the fuel price increase in the name of full deregulation. This decision is premised on the fact that these twin decisions alongside other decisions of government including the increase of VAT by 7.5 per cent, numerous charges being charged by commercial banks on depositors without any explanations will further impoverish Nigerian workers and citizens, including their families. “Therefore, this increase, coming in the midst of the COVID-19 pandemic, is not only ill-timed, but it is also counterproductive. NEC also observed that the privatization of the electricity sub-sector seven years down the line has not yielded any positive result. “Whereas, the entire privatization process, the entire sector was sold at about N400 billion, we are also surprised that government within the last four years injected N1.5 trillion over and above the amount that accrued from this important asset. “Therefore, NEC came to the conclusion that the entire privatization process has failed and the electricity hike is actually a process of continuous exploitation of Nigerians. “On the issue of the refineries and also increase in the pump price of PMS, this particular issue had been on the table for more than three decades and the argument had not changed. “Whether it is the name of full deregulation or subsidy removal, what is obvious is that it is fuel price hike and this has further eroded the gains of the N30,000 minimum wage because it has spiral effects which include the high costs of food and services and the reduction in the purchasing power of ordinary Nigerians. In the light of all of these, NEC thought that the issue of deregulation would be a continuous exploitation if it is import-driven.” TUC extends strike notice deadline On its part, TUC in a statement by its President and Secretary, Quadri Olaleye and Musa-Lawal Ozigi, respectively, said TUC “after an exhaustive meeting held to review its mobilsation strategies on the forthcoming strike to protest fuel hike and electricity tariff increase, resolved that the Congress is going to work in collaboration with its sister Labour Centre, the Nigeria Labour Congress and the Civil Society allies to execute the strike. “Consequent upon this, the ultimatum which should expire by midnight of today 22nd September, 2020 has been shifted to 28th September, 2020 for effective and maximum effect. We want to use this opportunity to call on Nigerians, especially those in the informal sector to bear with us while the industrial action lasts. “There is no need for the pains we bear. It is a needless one. They ask us to tighten our belts while they loosen theirs. Services are not rendered yet we are compelled to pay estimated bills. You will recall that this government during its electioneering campaigns in 2014 told the world there is nothing like subsidy.’’ Govs meet on planned strike Meanwhile, governors, under the aegis of the Nigeria Governors’ Forum, NGF, will today engage in a marathon meeting, with a view to nipping in the bud the planned nation wide strike and mass protest the Nigeria Labour Congress, NLC. The emergency meeting which is scheduled to hold at 6pm, will be the first NGF emergency virtual teleconference since the outbreak of COVID-19 pandemic. According to a statement by the NGF Head of Media and Public Affairs, Abdulrazaque Bello-Barkindo yesterday, all the governors are expected to participate in the meeting aimed at seeking ways of settling the rift between the Federal Government and Organized Labour. The statement read: “Ahead of the threat by the Nigeria Labour Congress (NLC) to resort to an industrial action to force the Federal Government to rescind its decision to hike oil and electricity prices in the country, the Nigeria Governors’ Forum is holding an emergency meeting of all the governors to seek ways of settling the rift and finding a mutually agreed soft landing on amicable grounds. “All governors are expected to attend the meeting as the matter is considered to be of urgent national importance, which needs to be quickly resolved in order not to worsen the already bad situation of Nigerians as caused by the Corona Virus pandemic, according to the D-G of the Forum, Mr Asishana Bayo Okauru. “The meeting which is the first NGF emergency virtual teleconference starts at 6pm tomorrow, Thursday.”
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24092020 - BLACK WEDNESDAY: 30 killed in Kogi petrol tanker explosion

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