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THE ALMAJIRI SYSTEM AND THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA

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Over 200 million people, many tribes and religions, countless cultures and traditions; we are free to practice whatever way of life we choose. However, the Constitution is supposed to be the rallying point, where we can strike a balance in order to ensure that we do not abuse our happiness and freedom. In other words, traditions are harmless until they are found to be contrary to natural justice, equity and good conscience. Sadly, with the way certain practices are carried out by some groups of people in Nigeria, the questions that readily come to mind are: is the Constitution really the Grundnorm? Are some religious/traditional practices greater than the provisions of the Constitution? One of such practices is ALMAJIRI practiced in northern Nigeria.   Is Almajiri a bad practice? The word “Almajiri” is derived from the Arabic phrase “Al muhajirun”, meaning “an emigrant”. It usually refers to an emigrant who moves from his home to stay with a popular teacher in the quest for ...

FAIR HEARING AND THE PRINCIPLE OF NATURAL JUSTICE

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  Let’s learn latin today. Last time, we gave you a brief and interesting introduction to fair hearing. In case you missed it, you can find it here . We cannot talk about fair hearing without considering the principles of natural justice. The principles of natural justice are those rules which have been laid down by the courts as minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quaisi-judicial or administrative authority while making an order affecting those rights. In simple terms, these principles ensure that everyone brought before the court is treated fairly. These principles have their roots in two Latin maxims : “ Audi alteram partem”   and  “nemo judex in causa sua”.     Like I said, we will learn Latin today. So let’s find out what these maxims mean.   AUDI ALTERAM PARTEM (Rule of Fair Hearing): This principle simply means that no man should be condemned unheard or that...

RIGHT TO FAIR HEARING: AN INTRODUCTION

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Hello friends! It’s been a while, I know. I apologize for keeping you waiting all these weeks. The twitter ban slowed things down for us. But we are back with our simple human right lessons for you to read and learn. Thank you for your patience. This month, we are going to discuss the Right to Fair Hearing, and I will be doing a simple introduction here. My partners will bring you more interesting details in the following weeks. Stay tuned. So, what is this fair hearing sef? Outside law, the word ‘fair’ simply means free from favoritism or bias or deception; in line with established standards or rules. Fair hearing simply means a judicial proceeding that is conducted in such a manner as to conform with fundamental concepts of justice and equality. In other words, due process of law should be followed: one should be given the opportunity to present evidence to support his or her case and to discover what evidence exists against him or her before an impartial tribunal. If a person is arr...

STAYING SAFE DURING A PROTEST

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The right to protest is protected by International Laws. See Articles 18, 19 and 20 of the Universal Declaration of Human Right. Under section 40 of the Nigerian Constitution, every person is entitled to assemble freely and associate with other persons. Section 45 permits these rights to be restricted in the interests of defence, public safety, public order, public morality, public health or to protect the rights or freedom of others. So, as long as you’re not causing any trouble, you’re doing well my dear. Furthermore, the Court of Appeal upheld the right to protest in the case of IGP V. ANPP (2008) 12 WRN 65 that “certainly in a democracy, it is the right of citizens to conduct peaceful processions, rallies or demonstrations without seeking and obtaining permission from anybody. It is a right guaranteed by the 1999 constitution and any law that attempt to curtail such right is null and void and of no effect. We already know that peaceful protest is a fundamental right in Nigeria and ...

THE POWER TO COMPULSORILY MOBILIZE CORPS MEMBERS FOR MILITARY SERVICE, FACT OR FICTION? BY: E. U. AKPANUKOH ESQ*.

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One of my favorite lecturers in the faculty of law, university of Calabar, Calabar is credited with having said that Nigeria is a theatre of the absurd. So when news came that the Director General of the National Youth Service Corps, Brig. Gen Shuaibu Ibrahim had stated that Corps members are part of the national defense policy of Nigeria and can be mobilized for war if needed, read more about it here , Nigerians greeted it with memes, mockery and sheer disbelief.  See the different reactions here. Trust Nigerians to lash out, and great was the lash out that a spokesperson of the NYSC has since made attempts at clearing the air, emphasizing that the director general never meant the statement the way Nigerans have perceived it.  Details here. A simple google search will give you video results of that interview with Channels TV. Therefore, I’ll  leave the issue of understanding what he said to your good judgement. For emphasis, what he said, how he said it or what he meant ...

HOW NOT TO ABUSE YOUR FREEDOM OF EXPRESSION

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Things have fallen apart; the centre can no longer hold. Journalists cannot do their jobs anymore for fear of being killed. If you do not choose your words carefully, DSS will extend you a “friendly invite”. Who wan die? Not me Sir. You’re on your own. It sounds funny right? No, it isn’t funny. This is not how it is supposed to be. The government is turning our Constitutional rights to audio rights. Na only for ear we dey hear am; we no dey use am. I don’t want to talk about the NBC and their incessant attacks on media houses. At the end of the day, you only air what pleases the government. Anything outside that, you will pay for it. What then is the essence of freedom of the press? It’s truly frustrating. Well, to be fair, we sef no dey try sometimes. You have the right to freedom of expression, and so? Do you have to misuse it? Last week, the PlayMaster explained in details how people misuse their rights on social media. It was quite an interesting read. You can find it here if you ...

THE RIGHT TO FREEDOM OF EXPRESSION: SOCIAL MEDIA AND THE REST OF US - E. U. Akpanukoh Esq.

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Hey pals, it is very nice to have you back here reading from me. Hope you missed me just like I missed you. Welcome back from the Eid celebrations and holidays and I hope you’ve been handling well the different bad news plaguing the world and Nigeria in particular. I tell you what? It is one of such bad news that particularly seduced my interest to handle this branch of the discussion on Freedom of expression. I’ll let you in on this as we go on, but for now let’s dive in headfirst. Sooo last week oga de law, Edim Edim esq introduced us to the right to freedom of expression. Maybe I should move on with the mindset that everyone has read that lovely piece? Absolutely not. For the sake of the proper Nigerians who did not read it, I’ll do a brief re-cap on what the right to freedom of expression entails.  Read Edim's article here . The Constitution of the federal republic of Nigeria in section 39(1) provides that every person shall be entitled to freedom of expression, including the f...