X-Rayer

I had drops of tears in my eyes while reading and writing about this boy.

Lemekani (Zambian) is one among the African students/immigrants in Russia who moved from the excitement of leaving Africa for higher studies/better opportunities abroad into finding themselves in the front lines of the war between Russia and Ukraine.

After reading his story, I decided I would lend my voice against the ongoing exploitation of African immigrants in Russia. You can read about this disturbing news via the link below -

https://www.biografrica.com/2024/10/02/russia-exploits-african-youth-for-ukraine-war/

(picture picked from Reuters)

Peter Chekwube Abugu.

Popular songs banned by the Nigerian Broadcasting Commission (NBC)

1. Ije Awele by Flavour ft Umu Obiligbo - part of the lyrics portrays prostitution or robbery as justifiable means of livelihood.

2. Bounce by R***r - the video is laced with explicit demonstration of sexual exploits.

3. This is Nigeria by Falz - lyrics 'everybody be criminal'

4. IF & Fall by Davido - (yet to find out why. Guess vulgarity.

5. See Mary, See Jesus by Olamide ft K Wise - offensive use of names considered sacred by Christians.

6. Am I a Yahoo Boy by Naira Marley - the lyrics 'Government na Barawo'

7. Isakaba by Wande Coal - the lyrics "shaking that a.s.s. like kolo"

8. Blow my Mind by Davido ft Chris Brown - the words 'f**k' and 's**t' are banned.

9. Thunder Fire You by Ric Hassani - lyrics 'th.un.der fire you'

10. No Stress by Wizkid - lyrics 'c.u.m', 'f.***.k', etc.

Question: is the NBC entitled to unilaterally ban these songs without first approaching a court of law to get an order to that effect? Wouldn't that constitute a breach of fair hearing?

(Pictures picked from Insidegist)

~ Legal X-Ray

IS THE MERE SERVICE OF A NOTICE TO DEMOLISH A BUILDING BY AN URBAN PLANNING AUTHORITY & THE EXPIRATION OF SAME ENOUGH FOR ANY GOVERNMENT TO PROCEED ON A DEMOLITION RAMPAGE?

In recent times, there have been series of demolition of private buildings by state governments in Nigeria. Such demolitions are usually defended by the state on ground of "public good". While the genuineness of such intention may be questionable, today, what is of interest to us is the legality or justness of its ex*****on.

In most states in Nigeria, the only thing a government does prior to the demolition of a building is the issuance of notice to the owners of the buildings. Once such notice expires, the government would deploy its bulldozers pull down such affected buildings to rubbles. This, I think, is antithetical to the principle of rule of law and the constitutionally ordained right of fair hearing.

By rule of law, no individual, authority or government is entitled to do anything without recourse to due process. Now, the question is, what should be considered due process in the circumstance? Does it stop at the service & expiration of notice of demolition by the relevant authority? I think not.

In my humble opinion, there ought to be a further step by the government and that step is to apply to the court for an order of demolition. Anything short of this will only make the actions of the government circumspect as would reek of executive impunity and rascality. Espousing the principle of rule of law, the Supreme Court per Obaseki JSC stated in Military Governor of Lagos State v. Ojukwu thus:

"The Nigerian Constitution is founded on the rule of law the primary meaning of which is that every thing must be done according to law. It means also that government should be conducted within the frame-work of recognized rules and principles which restrict discretionary power which Coke colorfully spoke of as 'golden and straight and of law
as opposed to the uncertain and crooked cord of discretion'...the rule of law means that disputes as to the legality of acts of government are to be decided by judges who are wholly independent of the executive...It is both in the interest of the government and all persons in Nigeria that the law should be even handed between the government and citizens."

Specifically on arbitrary demolition of buildings by a state government in Nigeria, the Court of Appeal held in BORNO STATE URBAN PLANNING & DEVELOPMENT thus:

"...the suspension of work notice and the demolition exercise carried out on the land of the Respondent by the Appellants were wrongful and illegal."

In the light of the foregoing, I am strongly convinced that Pastor Odumeje will succeed in action for damages against the recent demolition of one his church buildings by the Anambra State government.

~Chekwube Nwa-Abugu
Legal X-Ray
Nsukka, Enugu State.

Reasons the FG needs the intervention of the court more than the ASUU. Surreptitiously, our laws have been framed to emasculate trade union struggles like ASUU strike. For example,

1. A worker who takes part in strike loses his right to salary during the period - s. 43(1)(a) of Trade Unions Act 2005.

2. By s. 18 of the Trade Disputes Act, it is a crime to embark on strike without first complying with the laid down procedures as provided for under s. 4 and 6 of the Act.

3. Decision of the National Industrial Court on trade disputes is final i.e. cannot be appealed against. - section 21(3) of the Trade Disputes Act.

4. Collective Agreement cannot be enforced by law except where it has been Incorporated into individual contracts of employment - Supreme Court in Osoh & Ors v. Unity Bank PLC.

Particularly on No. 4, substantial part of what ASUU demands from the FG are contained in several collective agreement reached between the union and the FG. The terms of such resolutions btw the FG & ASUU having not been Incorporated into the individual contracts of the members of the union cannot be enforced, legally. The only way out for the union has always been to resort to industrial actions or political pressure.

NB: No. 2 & 3 violate the provisions of the 1999 Constitution on right to participate in a trade union and the appellate jurisdiction of the Court of Appeal, respectively.

For: Legal X-Ray
Chekwube Nwa-Abugu

A WIDOW VS HER PRODIGAL SON

In one of the researches we did for a client, we were confronted with the unique facts of a tussle over succession to family properties between a woman and her only child (a son). A prodigal son of a poor widow had embarked on an unguarded spree of the sale of his late father’s landed properties without consent of his mother. The question was whether this prodigal son was entitled to sell any portion of his late father’s estate without the consent of his mother. This was a bit different from the common struggle between a wife and the brothers of a deceased which the Nigerian courts have always resolved in favour of widows.

Challenged by the peculiar scenario of a mother vs son case, we went into our research lab and x-rayed both statutory and judicial authorities on the issue. Our findings were quite revealing: We were able to dig up the Enugu State Prohibition of Infringement of a Widow and Widower’s Right Law, a law passed by the Enugu State House of Assembly as far back as 2001 which has not really been tested before a law court, section 3(2) of which provides against a widow being dispossessed of any property acquired by her deceased husband. This law was brought to the attention of a High Court judge before whom the case is pending and the judge, while making an interim order to restrain the prodigal son from undertaking the sale of any portion of his late father’s estate, noted that he never knew that such a law existed in the state.

Aside the Enugu State Prohibition of Infringement of a Widow and Widower’s Right Law, we also call in aid the provisions of section 120(1) of the Administration of Estate Law of Enugu State, section 42 of the 1999 Constitution and a judicial authority wherein the rights of a widow against the exclusive claim of entitlement to succession by a son was upheld.

The above is an example of what a skilled legal research can achieve for your case. Topnotch legal research is the what we do here at Legal X-Ray.

For: Legal X-Ray
© Chekwube P. Nwa-Abugu

NB: we have no rights to the picture attached to this post.