The Advocate
By Onikepo Braithwaite
Onikepo.braithwaite@thisdaylive.com
Congratulations Lagos State Authorities
Earlier than I am going into the phrase for at the moment, I need to congratulate the Lagos State Authorities (LSG) on the inauguration of its Crimson Rail Line along with the Blue one. Coupled with the water transportation system and a hopefully higher highway transportation community, it exhibits that Lagos State‘s transportation coverage, the Metroline facet, conceived through the tenure of Alhaji Lateef Jakande within the Eighties, is geared in the direction of some kind of intermodal system, to the extent that they’re attempting to realize totally different modes of transportation from one level to a different. So, a passenger who lives within the Mile 2 space and works on Awolowo Street, Ikoyi has the choice of constructing the journey by highway, or can journey on the Blue Line from Mile 2 to Marina, take the ferry from Marina to Falomo, and both take a minibus or stroll to Awolowo Street, relying on how far down the work place is. This may undoubtedly ease highway visitors, in addition to scale back the damage and tear on our roads. Kudos LSG! We need to see extra of those kind of insurance policies which are helpful to the individuals, particularly if they carried out at an affordable value and are reasonably priced and dependable for the customers.
President Donald Trump’s Points
I used to be studying a ahead on social media, regarding a few of former President Donald Trump’s wrongdoings, like inflating his internet value by about $2 billion to allow him safe benignant credit score services (loans) et al, and naturally, the unforgettable, unprecedented problem of him attempting to overturn the 2020 election, significantly the January 6, 2021 ‘coup’ try at Capitol Hill, following his lack of the election.
The US Supreme Courtroom will, in April, hear arguments in respect of Donald Trump’s Presidential immunity from felony prosecution declare, for fees bordering on his plot to overturn the 2020 election. Whereas the American Structure doesn’t confer immunity from indictment or felony prosecution on a sitting US President, the Division of Justice (DOJ) which controls all Federal Prosecutors, confers some non permanent immunity on a President whereas in workplace. See the case of Richard Nixon v A. Ernest Fitzgerald 457 U.S.731 (1982) which solely held that the American President is entitled to absolute immunity from legal responsibility for damages primarily based on his official acts.
The 1973 (Nixon) & 2000 (Clinton) Memoranda of the DOJ are pertinent right here; in each OLC (Workplace of the Authorized Counsel) Memoranda, the DOJ concluded that each one Federal Civil Officers besides the US President, are topic to indictment and felony prosecution throughout their tenure in workplace. Whereas some argue that the OLCs had been designed to by some means defend Presidents Nixon and Clinton once they acquired into bother, the DOJ was of the view that such indictment or felony prosecution wouldn’t permit the Govt to focus on constitutional features. This DOJ’s view occurred to be echoed right here in Nigeria, within the choice in Hassan v Aliyu & Ors (2010) LPELR-1357(SC) per Olufunlola Oyelola Adekeye, JSC in analyzing the aim of Part 308 of the 1999 Structure of the Federal Republic of Nigeria (as amended in 2023)(the Structure) which, quite the opposite, grants immunity from civil and felony proceedings to the President, Vice President, Governor and Deputy Governor. See the instances of International Excellence Communications Ltd & Ors v Duke (2007) LPELR-1323(SC) per Walter Samuel Nkanu Onnoghen, JSC (later CJN) & Tinubu v IMB Securities Plc (2001) LPELR-3248(SC) per Adolphus Godwin Karibi-Whyte, JSC. In Rt. Hon. Rotimi Chibuike Amaechi v INEC & Ors (2008) LPELR-446(SC) per George Adesola Oguntade, JSC, the Apex Courtroom went additional to state that Part 308 of the Structure is designed to guard the dignity of the workplace.
In contrast to Nigeria, it seems that the distinctive immunity that’s granted to the US President whereas in workplace, doesn’t lengthen to the Vice President and Governors. In actual fact, right here in Nigeria, immunity from felony prosecution appears to increase to the President past his tenure in workplace, as a result of whereas some Governors have confronted prosecution and been jailed following their departure from workplace, no former President has ever been held accountable for something after leaving workplace. Plainly, that is the sort of break that President Trump and his Attorneys could also be hoping for! Sadly, even when an American President had immunity from felony prosecution for official acts, clearly the inflation of 1’s internet value to safe private loans lengthy earlier than he assumed the US Presidency, can definitely not be categorised as an official act of a President.
I align myself with the unanimous choice of the US Courtroom of Enchantment of the District of Columbia, that Donald Trump can face felony prosecution for his conduct following the 2020 election. His “Incitement of Revolt” together with his speech of January 6, 2021 which urged his supporters to “battle like hell” in opposition to the election, which he falsely claimed and communicated to them had been stolen from them, once more, can undoubtedly additionally not be categorised as an official act. See Part 41 of the Prison Code Act 1990 (CCA) on treasonable felony, which carries a punishment of life imprisonment upon conviction. I definitely don’t purchase the argument that Donald Trump’s aforementioned actions, might be known as official acts which might take pleasure in felony immunity after workplace; and I imagine that now that he’s out of workplace, he might be criminally prosecuted.
Hypocrisy & Double Requirements
What I nevertheless discover hypocritical, is how developed nations, many a time, undertake a condescending posture in opposition to African nations, starting from usually discovering fault in our leaders when their leaders might not be any higher, to nursing veiled criticisms of a few of our methods and tradition. What makes Donald Trump any totally different from a few of our corrupt African leaders, with the lies he’s alleged to have advised about his funds, as a way to acquire benefits? What makes Donald Trump totally different from the troopers in West Africa who’ve overthrown their civilian governments in the previous couple of years, together with his personal January 6, 2021 Capitol Hill fiasco by which 5 individuals died? Solely that his try was unsuccessful? Is the Prime Minister of Israel, Benjamin Netanyahu not going through corruption fees?
I noticed on the information that Ghana’s Legislature lately handed its anti-LGBT Human Sexual Rights and Household Values Invoice, and it’s now ready for President Akufo-Addo’s assent. Whereas in Ghana, the Prison Code 1960 criminalised ‘unnatural carnal information’, offering for a punishment of three years imprisonment upon conviction for males that engaged in identical intercourse actions, in Nigeria, “having carnal information in opposition to the order of nature” has at all times been an offence below the CCA, punishable with 14 years imprisonment. See for instance, Part 214 & 217 of the CCA. The Nigerian Legislature then went additional by enacting the Similar Intercourse Marriage (Prohibition) Act 2013 (SSMPA). Merely figuring out as LGBT is now an offence in Ghana, and the punishment below the brand new regulation has been elevated to five years imprisonment upon conviction.
The worldwide group and human rights teams like Amnesty Worldwide, have decried these latest African legal guidelines as being a violation of elementary human rights, like that of freedom of thought and affiliation. See Sections 38(1) & 40 of the Structure. Nations like USA have additionally tried to make use of ‘neo colonialist’ ways to drive African States to just accept identical intercourse relationships, by making the acceptance of them one of many conditionalities hooked up to giving funds.
It’s nevertheless shocking, that these identical worldwide communities and human rights activists don’t suppose it’s a violation of the human rights of a person who wishes to have a number of wives, to not allow polygamous marriages of their nations. Polygamy, and never identical intercourse relationships, have at all times been half and parcel of the African tradition, despite the fact that one can not deny the existence of identical intercourse relationships in Africa. Within the UK, as an illustration, the ‘Nikah’ (Islamic Marriage) is just not recognised as a authorized marriage, and {couples} are seen as cohabiting except their Nikah is registered as a civil marriage; just one civil marriage might be registered at a time.
Conclusion
My level? Ought to overseas nations be capable to depart their nations to return and impose their cultures on us in our nations, whereas they don’t settle for ours? Ought to western nations be allowed to evaluate us harshly and denounce us, whereas they do the identical issues as us? Is that this not a double normal?
The West African navy coup plotters have been roundly condemned by the worldwide group for truncating democracy of their nations, but, Donald Trump who tried an analogous factor is the entrance runner of the Republican Occasion within the upcoming Presidential election! Have we forgotten former US President George W. Bush who invaded Iraq in 2003, primarily based on inaccurate/false info that Iraq had weapons of mass destruction, even though the UN Inspectors had discovered nothing like that there? Bush and his administration, suffered completely no penalties for his or her actions, although the deaths in that warfare could surpass the variety of deaths that occurred through the rule of Liberian Dictator Charles Taylor, who’s presently serving a 50 yr sentence at HM Jail Frankland, UK. Whereas the October 7, 2023 Hamas assault on Israel, killing 1,200 Israelis is condemnable, the Israeli retaliation of killing probably over 30,000 Palestinians and counting, is much more condemnable. It’s worse than killing an ant with a sledgehammer. If an African Chief did a fraction of what Benjamin Netanyahu has completed in these assaults on Gaza, he can be tried for warfare crimes/crimes in opposition to humanity/genocide, discovered responsible and possibly jailed for all times! Certainly, ought to what is nice for the goose, not even be good for the gander?
