Imo Government calls for the acceptance of the 2020 criminal justice law

 

IMO GOVERNMENT CALLS FOR THE ACCEPTANCE

 OF THE 2020 CRIMINAL JUSTICE LAW

 

 

By Nightengale Ben-Onyeukwu

The Imo State Government has called for the acceptance of the 2020 Criminal Justice Law. In a statement , the Deputy Speaker, Imo State House of Assembly, hon. Amarachi Chyna Iwuanyanwu, stated that, prior to 2015, the justice system in Nigeria has been regulated by the following: the Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC).

 

However, for an enhanced and efficient justice system in Nigeria, which would be in conformity with international best practices, there became an urgent need for an amendment of the CPA and CPC with the introduction of innovations and provisions geared towards curing most of the anomalies and lacuna in the existing criminal laws.

Against this backdrop, the Administration of Criminal Justice Act (ACJA) was enacted by the National Assembly in 2015.

The uniform adoption of the ACJA in all 36 states of the Federation was enhanced by the provision of the 1999 constitution of Nigeria, which vests the States House of Assembly with the power to make laws for the peace, order and good government of the state, among other legislative powers.

In view of the foregoing, there became the need to promote and advocate for the adoption, domestication and implementation of the Administration of Criminal Justice Act 2015 across the States of the Federation, of which the Nigerian Bar Association championed.

Subsequently, the Member Representing the Oguta State Constituency in the Imo State House of Assembly, Hon. Frank Ugboma introduced the bill on Administration of Criminal Justice Law of Imo State in 2019.

By March 2020, the bill was passed into law and subsequently assented to by the Executive Governor, His Excellency the Distinguished Senator Hope Uzodimma. This brought to total, 30 States that have adopted and domesticated the ACJA 2015.

The Administration of Criminal Justice Act seeks to introduce quick dispensation of justice and a better administration of justice system in Nigeria; one of which is the change of call sign from "the accused" to "the defendant" the expunging of torture by the police in effort to extract confession statement.

From the foregoing, it is clear that what His Excellency did was to assent to a bill passed by the State House of Assembly, which is constitutional. The import jear is that the introduction of the bill on Administration of Criminal Justice Law of Imo State, and it is subsequent passage and assents are clearly of national importance and for the good of the citizenry.

Contrary to the skewed views of those who are trying to cause mischief, this provision is not inconsistent with the 1999 constitution nor is it a tool for intimidation, suppression and violation of the fundamental right of citizens rather it is a provision specifically designed to protect offenders below the age of criminal responsibility and persons of unsound mind.

“Detaining someone at the governor’s pleasure” is not new to the Nigerian law; it has always been in the criminal procedure law and the penal code. Check section 303 and 319 of the criminal procedure law.

Besides chapter 44 of the criminal procedure law gave the court the powers to order detention at the governor’s pleasure. An example is the OTOKOTO trial saga where one of the young men sentenced to death was not killed even though the judge made a death sentence pronouncement on him but was instead detained at the governor’s pleasure.

From the explanation above, there is nothing tyrannical or draconic about section 484 and 485 of the administration of criminal justice act of Imo state instead the house of assembly should be commended for thinking about citizens who cannot take criminal responsibilities such as the mentally unstable persons and under-aged children.

As for the response of Barr. Frank Uboma who sponsored this bill wherein he erroneously held governor Hope Uzodimma responsible for the said section, it is clear that the law maker is not knowledgeable about his duty as a legislator or law degree is questionable, because as a lawyer who has practice law in Nigeria, he should have known that section 484 is simply a reproduction of section 401 of the criminal procedure law which has been in existence since 1960 and the said sections only gives directions in respect of section 230, 235,328 and 368 of the criminal procedural act. This provisions apply when a person is acquitted on the ground of insanity (section 230) or cannot understand the proceedings thou not insane (section 328) or an offender has not attend the age of 17 or 18years (as the case maybe) as at the time he or she is found guilty of a capital offence.

If Uboma feigns ignorance of these provisions of the law, it is obvious that he is playing to the gallery of the other political divide he belongs to, because if a bill is sponsored, it is debated in the house, there is room for public input which in this case happened under the leadership of the immediate past Chief judge of Imo state under Rt. Hon. Emeka Ihedioha. With technical support from the legal defense and assistance projects (LEDAP), these erudite lawyers, professors and human right advocates could not have supported this law if indeed it was draconian and oppressive.

Let it be clearly stated that the Governor assented to the bill in March 2020 and as such, the resurrection of " ignorance to the law" by one UniniChioma as published via an online tabloid - https://thenigerialawyer.com - in September 2020, six months after, remains an orchestrated plan towards distracting the Governor from his ever rising profile.

For emphasis the law in question was not an executive bill. What is more it has been in existence for six months now and there is absolutely no evidence of executive abuse. Those making a mountain out of a molehill should advise themselves accordingly.

 

 

 

Imo Government calls for implementation of the law guiding operations of oil palm mill

 

IMO GOVERNMENT CALLS FOR IMPLEMENTATION

 OF THE LAW GUIDING OPERATIONS OF OIL PALM MILL

 

 By Nightengale Ben-Onyeukwu

Imo State Government calls for the implementation of the law guiding the operations of oil palm mills law no 9 of 2020. According to the Special Adviser to the Governor of Imo State on oil palm Beaches, Abbattoirs, Agric produce pricing, monitoring and control, honourable Charles Ejiogu ,the pre -- independent Constitution of the Federation of Nigeria brought about the three regional geo -- political configuration of Northern , Western and Eastern Nigeria   , took ample cognisance of " True Federalism " which today's parlance simply connotes " Resource Control "

If further broken down , it translates to powers vested on the region's to appropriate resources within  their respective areas of jurisdiction and remit agreed revenue to the centre .

This arrangement made it easier for the region's which later became four following the creation of Midwest in 1963 ,  to leverage on their respective  resources of comparative advantage in running the conduct of Government business  .

It is on record that the North made groundout the mainstay of its economy thus , giving rise to the now moribund Groundnut Pyramids of Kano that placed Nigeria as the global largest producer / exporter .

Western Nigeria picked up the challenge and became a sub -- Saharan leading contender in the production and export of Cocoa .

The newly Midwest Region led in Rubber production and export.

Eastern Nigeria  was adjudged by world  economic rating experts as the fastest growing economy in Africa South of the Sahara . This was on account of its leadership role in the production and export of Palm produce and it's value chain . Little wonder , the Dr . Michael Okpara led Eastern Nigeria Government established numerous farm settlement prominent amongst which is the present day Adapalm in Imo State. That in essence , made Imo State ( Eastern Heartland) the hub of Palm produce East of the Niger .

State of Affairs .

Today ,  sequel to the exploration , exploitation and export of crude petroleum , agriculture across Nigeria , became criminally neglected and for Imo State in particular , accruable revenue from Palm produce dwindled and eventually faded into economic oblivion  .

Action Plan .

 Following from the above  , it is indeed heart warming that  the Shared Prosperity Government of His Excellency Distinguished Senator Hope Uzodinma, anchored on the 3R Agenda of Rehabilitation, Reconstruction and Recovery dusted the statute books and enacted / signed  into prominence , the Imo State Law No 9 of 2020 On " Registration/ Liciencing of Oil Palm Mills .

The primary objective of this piece of legislation was premised on the imperatives   of identifying all Oil Palm processing  Mills at the micro, small , medium , large and industrial levels   , harnessing their potentials for greater yields , creating job opportunities for the teeming unemployed youths  , creating the enabling environment for them to access credit facilities , curtailing the sharp marketing practices of  palm oil processors who are blinded by profit making instincts resulting in wicked  endangering of consumers /  public health   and the enhancement of revenue accruable to Government  .

In order to return Imo State back to its pre -eminent status as the leading producer of Palm produce in Nigeria , the Office of the Special Adviser to the Governor on Oil Palm / Beaches has designed an initiative that will bring to fruition His Excellency the Governor ' s  desire to return Oil Palm production to its past glory within the shortest possible time.

This certainly calls for seamless synergy between the Office of Honourable Commissioner for Agriculture and  Natural Resources , other relevant Agencies of Government and the Office Of the Special Adviser , as the importance of  a coordinated " Inter -- Agencies  Relationship " in the conduct of Government business can not be over stressed .

For the purposes of giving  positive effect to the  implementation of the provisions of Imo State Law No 9 of 2020 On the  Registration/ Liciencing and Operations of Oil Palm Mills in Imo State  , I dutifully solicit the empathy and support of all relevant Government agencies and in particular, the Chairmen of the 27 Local Government Area Councils  , as the applicable measures will soon be unfolded in their respective Area Council  for the benefit of all Imolites  .

 

 

FG RELEASES REGISTRATION SCHEDULE FOR SURVIVAL FUNDS

 

FG RELEASES REGISTRATION SCHEDULE FOR SURVIVAL FUNDS

By  Nightengale  Ben-Onyeukwu

 

The Federal Government has released the registration schedule for survival funds . A release from the office of the honourable commissioner for ministry of entrepreneurship and skills acquisition,  Hon. Noble Atulegwu  says, the Federal Government of Nigeria has released the portal for the registration of prospective beneficiaries for the Survival Fund & also the timetable for categories of businesses to register for the funds is now available on the released portal.

According to a statement issued in Abuja by the Project Delivery Office, it stated that the portal which opened today will have educational institutions as the first category of beneficiaries to register.

“Nigerians interested in the Payroll Support scheme are to note that the site for registration has been opened at 10pm today, Monday September 21, 2020. In order to ensure seamless registration process, the Project Delivery Office (PDO) has designed a registration schedule. Registration for Payroll Support has commenced with educational institutions and will be followed with businesses in the hospitality industry on Friday September 25 beginning from 12am. The portal will also be open to other category of small businesses from 12am, on Monday September 28, 2020, " the statement said.

The Imo State government hereby advises Imolites through the novel Ministry of Entrepreneurship and Skills Acquisition to embrace the opportunity to benefit from the fund by registering for the support initiative by logging on to http://www.survivalfund.ng to register for it.

Note, this Survival Fund is a conditional grant to support vulnerable Micro and Small enterprises in meeting their payroll obligations and safeguard jobs in MSMEs from the shock of the COVID- 19 pandemic. The scheme is estimated to save at least 1.3 million jobs across the country, while targeting an average of 35,000 individuals per state.