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CSO decries low access to contraceptives

Ijeoma OPARA
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CSO decries low access to contraceptives

Ipas Nigeria Health Foundation has decried low access to contraceptives by Nigerian women and teenage girls and called for the implementation of existing policies to address the challenge.  

The organisation’s Country Director, Lucky Palmer, who made the call during the National Project Inception Meeting on the “Increasing Sexual Reproductive Autonomy Among Women & Girls” project, on Thursday, November 16, in Abuja, said inadequate access to contraceptives and other violations of women’s sexual and reproductive health rights (SRHR), contributed to the rising figure of maternal mortality in the country.

“Bodily autonomy, especially sexual and reproductive autonomy, is not a luxury; it is a fundamental human right. It demands that women and girls should have the power to make decisions over their sexual and reproductive choices, which should be free from all forms of discrimination, coercion, stigma, or violence.

“They should have the required self-efficacy and social support to seek health care when needed, to avoid delays that cause loss of life,” he said.

Palmer said the project aimed to provide more enlightenment for women about SRHR and break barriers that limit women and girls from aspiring to be active members of society.

“Right now, 31 per cent of all female deaths in Nigeria are linked directly or indirectly to issues around pregnancy complications; in the process of trying to give birth, another life is taken.

“A lot of these are preventable and treatable. Sometimes, the policies are there, but the health care providers are not even aware of the policies that empower them to provide treatment when the need arises,” Palmer said.

He encouraged other CSOs to engage communities and create awareness among them of their rights to bodily autonomy and access to contraceptives.

He also stated that over the next four years, the organisation would work with its partners in Oyo, Borno, Benue, and Lagos states to improve women and girls’ decision-making capacity and access to sexual reproductive health services towards achieving Sustainable development Goals 3 and 5.

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According to a report by United Nations Women (UN Women), some progress is being made about women’s rights in Nigeria. However, issues persist with access to SRHR.

“Women of reproductive age (15-49 years) often face barriers with respect to their sexual and reproductive health and rights,” the report stated.

It also noted that only 35.6 per cent of women had their family planning needs satisfied with modern methods

Can a woman sue her husband for adultery?

Itoro ETUKUDO
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Can a woman sue her husband for adultery?

CAN a woman sue her husband for adultery? This was the question on several people’s minds when, a few months ago, a popular Nigerian actor was embroiled in a scandal and accused of adultery.

A lawyer, John Essiet of O. E. B. Offiong SAN & Co. – Legal Practitioners and Notaries Public – told The ICIR that there are certain situations whereby a wife can sue her husband and his mistress for adultery.

He stated, “Adultery is a criminal offence under the Penal Code of Northern Nigeria. Sections 387 and 388 of the Penal Code stipulate imprisonment for two years and/or with a fine for adultery. It is not prosecuted under the Criminal Code of the Southern States of Nigeria. However, it provides for redress if a spouse can prove that adultery occurred.

Adultery will only be grounds for divorce if the spouse finds it intolerable. Where the spouse condones the act, the court will not terminate the marriage, as held in the celebrated case of Alabi v. Alabi.”

Essiet emphasized that under the Matrimonial Causes Act, an individual in a marriage can seek damages for adultery if the act is not forgiven and occurs within three years before the claim is filed.

“Section 31 of the Matrimonial Causes Act further provides that a party to a marriage can claim damages for adultery if such an act is not condoned and was not perpetrated for up to three years before such a claim is made,” he stated. 

He further pointed out that the damages awarded for adultery are compensatory in nature. The court takes various factors into account when determining these damages, such as the loss experienced by the petitioner, harm to their honour and emotions, disruption to family life, and the value of the adulterous spouse to the claimant.

On whether a wife can sue her husband’s mistress whom he committed adultery with, the legal expert told The ICIR that “the Court of Appeal affirmed that joinder of adulterers is a must requirement for dissolution of marriage on the grounds of adultery as stated in the case of In the case of EIGBE v. EIGBE (2012) LPELR-19690(CA)”.

He clarified that if a person is accused of committing adultery with someone in a marriage, the law requires that they must be included in the petition to allow them the chance to defend themselves against the allegations, as it is essential to ensure a fair hearing for both parties. If the accused individual is not joined in the petition, the mere allegation of adultery cannot serve as a basis for obtaining a decree to dissolve the marriage.

“On a person alleged to have committed adultery with a partner in marriage. The Law mandatorily requires he/she must be joined in the petition to afford him/her the opportunity of defence to such allegation (this is also to give a fair hearing to the other party); where such a person is not joined, adultery per se, cannot constitute a ground for a decree for dissolution of such marriage”, Essiet stated. 

Basis for divorce in the Nigerian legal system

Speaking with The ICIR,  Essiet highlighted that in the Nigerian legal system, there is essentially one sole ground for initiating a petition for the dissolution of marriage, which is that “the marriage has irretrievably broken down.” This indicates that the cause of the breakdown is so severe that saving the marriage is no longer possible.

Additionally, he noted that this basis for the dissolution of marriage has been proven by the law to include; “the respondent willingly and persistently refusing to consummate the marriage, the marriage which  the respondent has committed adultery and the petitioner finds it intolerable to live with the respondent and the marriage which the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent”, among others.

According to the Matrimonial Causes Act, the sole ground for the dissolution of marriage is that the marriage has broken down irretrievably. However, the petitioner must prove one or more of the facts below to establish the ground.

One of such grounds in section 15,2b is that “since the marriage, the Respondent has committed adultery, and the petitioner finds it intolerable to live with the respondent”.

Appeal Court affirms Bala Mohammed as Bauchi governor

Mustapha USMAN
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Appeal Court affirms Bala Mohammed as Bauchi governor

THE Court of Appeal in Abuja has affirmed Governor Bala Mohammed of the People’s Democratic Party (PDP) as the winner of the March 18 governorship election in Bauchi state.    

While delivering the lead judgment, Justice Chidiebere Nwaoma Uwa on Friday, November 17, ruled that the All Progressive Candidate and its candidate, Sadique Abubakar, failed to prove the allegations of malpractices and non-compliance with the Electoral Act 2022 against Mohammed and the PDP.     

It also held that the appellant did not specify the polling units implicated in the allegations and couldn’t correctly prove the deficiencies in the forms, adding that the appellant failed to demonstrate how the incorrectly filled forms impacted the election results.

The Appeal Court also stated that the witnesses presented by the appellant failed to establish their familiarity with the appearance of the forms and further praised the tribunal for diligently examining the evidence at hand.

Ruling on the issue of the alleged unprofessional conduct of INEC officials, the court aligned its judgment with the tribunal’s perspective, stating that the appellant didn’t initially raise it in the lower court and, therefore, couldn’t be pleaded or argued.

In March, the Independent National Electoral Commission (INEC) declared Mohammed the winner of the Bauchi governorship election.

Mohammed polled 525,280 votes to defeat his closest rival, Sadique Abubakar of the All Progressives Congress (APC), who polled 432,272 votes.

The returning officer, Abdulkarim Mohammed, a professor at the Federal University, Dutse, declared the incumbent governor, Mohammed, the winner, “having fulfilled all the requirements of the law.”

The returning officer said the total number of registered voters stood at 2,749,268, while accredited voters numbered 1,058,381.

Dissatisfied with the poll’s outcomes, the APC candidate petitioned the Bauchi State Election Petitions Tribunal to declare Mohammed’s victory void.

Meanwhile, on September 20, the tribunal dismissed the lawsuit filed by the opposition party and its candidate and affirmed Mohammed as the governor.

Disappointed with the decision, Abubakar appealed the tribunal’s ruling at the Appeal Court.

Less than 28% of registered voters participated in Bayelsa governorship poll

Ijeoma OPARA
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Less than 28% of registered voters participated in Bayelsa governorship poll

LESS than 28 per cent of registered voters participated in the just-concluded Bayelsa state governorship election held on Saturday, November 11, which produced the incumbent governor, Douye Diri, as the winner.

The Independent National Electoral Commission’s (INEC) data shows 1,056,862 registered voters in the state, while 1,017,613 among those registered collected their Permanent Voter Cards (PVCs).

However, based on the results announced by local government area collation officers during the collation of results in Yenagoa, the state capital, only 209,809 votes were recorded across the state. This is about 27.5 percent of total registered voters.

It also accounts for only about 28.5 per cent of residents who collected their PVCs before the elections.

While several factors were responsible for the low voter turnout in the state, voting apathy has been a recurring challenge in Nigeria. The country is ranked second on the list of nations with low voter participation globally, performing even worse than Afghanistan and Libya, both war-torn countries.

Ahead of the Bayelsa poll, a civil society organisation, Yiaga Africa, predicted low voter turnout in the state for several reasons, including threats of pre-election violence and citizens’ distrust of the electoral process.

The ICIR also reported that some residents expressed anxiety over the possible outbreak of violence in the state during the exercise. However, many were determined to vote, including Gideon Ezekome, a trader at the Swali Market, Yenagoa local government area.

“The way things are now, everywhere is peaceful. I pray that everything will go smoothly with the security personnel I am seeing in this area. I will come out fully and cast my vote no matter what,” he said.

Hundreds of women gathered at the Police headquarters in Yenagoa, the state capital, two days before the elections, staging a protest to demand a peaceful poll.

“We want everywhere to be cool so we can vote well for our candidates. What we want is peace,” a protester, Janet John, told The ICIR.

However, on election day, Bayelsa state Governor Douye Diri, who contested under the People’s Democratic Party (PDP), blamed members of the All Progressives Congress (APC), including the governorship candidate Timipre Silva and his running mate, Joshua Maciver, for inciting violence in some parts of the state and preventing residents from voting.

“Our agents have been stopped from going into Nembe. Our party has written an official letter to the chairman of INEC, and INEC has to take drastic action to ensure that our people are allowed to go in there and vote.

“Even in Nembe Bassambri, the name and the character behind what is happening is Timipre Silva. Timipre Silva has been a violent person in every election. You will also recall that his deputy governorship candidate in Twon Brass threatened the people of Twon Brass that if any of our party members came, they should be thrown into the Atlantic Ocean and that they were not the first people to die. You will agree that that pair is a violent pair, and that’s not what the people of Bayelsa deserve,” he said.

Ahead of the elections, Nigerians had criticised Maciver for inciting people during campaigns in Twon Brass, urging his supporters to attack opposition supporters.

“On the 11th, don’t joke with anybody. If anybody misbehaves in Twon Brass, chase them away into the sea so they can die. Did you hear? Chase him so he can die. After all, he won’t be the first person to die. This time around, when we take it (governorship), we are taking it for final,” he said in pidgin, a corrupted version of the English Language.

During the collation of results, one accord party agent, identified as Victor, alleged that a riot erupted in the Brass LGA, which claimed the life of another party agent.

He blamed the death on Maciver’s threat. His allegation at the collation centre resulted in an altercation between him and the APC agents.

The altercation degenerated into a physical combat, which security officials controlled almost immediately.

In certain parts of Bayelsa, including Sagbama and Kolokuma/Opokuma LGAs, The ICIR observed that party members provided voters with refreshments and money and, in some cases, followed voters to the polling booths, monitoring as they cast their votes.

Officials of the Economic and Financial Crimes Commission (EFCC) arrested suspected vote buyers in Otueke, Bayelsa state, retrieving at least N9.3 million from the suspects.

The ICIR also reports that the collation of election results in Bayelsa took much longer than in Imo and Kogi, the two other states where off-cycle elections took place on Saturday, November 11, despite having the least number of LGAs.

The collation process was adjourned about five times by the INEC returning officer, mostly because many LGA results were not ready for presentation.

While the PDP gathered 175,196 votes, the highest in the election, and APC followed as its closest rival with 110,108, the Labour Party (LP) emerged as a distant third, polling only 905 votes.

The LP’s governorship candidate, Udengs Eradiri, lost his polling unit to Diri, despite the party’s impressive performance at the 2023 general elections held in February and March.

MohBad: Naira Marley, Sam Larry regain freedom

Mustapha USMAN
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MohBad: Naira Marley, Sam Larry regain freedom

EMBATTLED Nigerian artiste Azeez Fashola, popularly known as Naira Marley, and Lagos socialite, Balogun Eletu, also known as Sam Larry, regained freedom on Friday, November 17, after spending over 40 days in Police custody.

The Lagos state Police command public relations officer, Benjamin Hundeyin, said they were released after meeting their bail conditions.

Hundeyin confirmed this to The ICIR in a text message, noting the two were released around 5 p.m. on Friday, November 17. 

Their release came 12 days after they were granted bail on the condition that they must provide N20 million bond with three sureties and also submit their international passports.

The court also ordered them to make weekly appearances at the State Criminal Investigation Department (CID).

Both Naira Marley and Sam Lerry were arrested and detained upon their return to Nigeria in connection with the death of musician Ilerioluwa Aloba, popularly known as Mohbad.

The young singer was arrested on October 3, 2023, while his counterpart, Larry was arrested on Thursday, September 29, 2023.

The ICIR reports that following the arrest, the two were charged with accusing and harassing the deceased singer by the Lagos State Police Command and taken into custody.

However, both Naira Marley and Sam Larry sternly denied having a hand in Mohbad’s death.

On Wednesday, October 4, a magistrate court in Lagos ordered Naira Marley and Sam Larry to remain in Police detention and were asked to be held without bail for 30 days, pending the conclusion of the investigation.

Meanwhile, The ICIR reported on Tuesday, October 31, that Naira Marley and Larry sued the Nigerian Police and the Lagos magistrate, Adebola Olatunbosun, over their continued detention.

The suspects filed a fundamental rights suit to challenge their continued detention over Mohbad’s passing.

In the suit filed before the Federal High Court in Lagos, both Marley and Larry sought N20 million in damages from the defendants.

According to the suit filed through their lawyer, Olalekan Ojo, a senior advocate, they urged the court to declare that their continued detention “at the homicide section of the Lagos State Police Command, Panti, Yaba, Lagos State since October 4, 2023,” violated their rights.

The deponents, in the affidavits accompanying their lawsuits, stated that their ordeal began between October 3 and 4, 2023, when they were arrested by the Police over their alleged link with Mohbad’s death.

UN offers funds for initiatives

Joshua Ovorumu
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UN offers funds for initiatives

The United Nations Democracy Fund (UNDEF) invites civil society organisations to apply for finance to advance and aid democracy. 

Project grants vary from $100,000 to $200,000, with proposals submitted in either English or French online.

Projects lasting two years are acceptable.

The project ideas must fall into one of the following major categories:

  • Gender equality.
  • Rule of law and human rights.
  • Youth engagement.
  • Strengthening civil society interaction with government 
  • media and freedom of information 
  • Electoral processes.

Media, youth, women, democratisation, community development, the rule of law, and human rights organisations are all eligible.

The deadline is November 30, 2023. Interested organizations can apply here.

Tinubu cancels 40% IGR deduction policy from varsities

Harrison EDEH
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Tinubu cancels 40% IGR deduction policy from varsities

PRESIDENT Bola Tinubu has cancelled the 40 per cent internally generated revenue (IGR) deduction policy from federal universities.

The President said the policy implementation was shelved because it was ill-timed, given the economic challenges the country is facing.

The new directive by the President was conveyed by the Minister of Education, Tahir Mamman, at the University of Ibadan’s (UI) 75th Founder’s Day ceremony on Friday, November 17.

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“The 40 per cent IGR automatic deduction policy stands cancelled. This is not the best time for such a policy since our universities are struggling,” he said.

Recall that a letter dated October 17, 2023, had said the government planned to automatically deduct 40 per cent of the internally generated revenues deposited in university accounts through the Treasury Single Accounts (TSA).

Before the latest government’s position, the Academic Staff Union of Universities (ASUU) and the Senior Staff Association of Nigerian Universities (SSANU), among other workers’ unions, were up in arms against the Federal Government over the proposed deduction.

Despite NCAA regulations, Ibom Air cancelled flight 1hr to take-off

Ijeoma OPARA
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Despite NCAA regulations, Ibom Air cancelled flight 1hr to take-off

DESPITE regulations by the Nigeria Civil Aviation Authority (NCAA) providing that airline operators give at least 24 hours’ notice ahead of flight cancellations for domestic travellers, Ibom Air cancelled the trip of some passengers travelling from Port Harcourt to Abuja barely 75 minutes to take-off time on Sunday, November 12.

At about 8.30am, passengers scheduled to board the 9.45 am flight Q10534 queued up in a line at the Ibom Air check-in counter when they were called together for an announcement by one of the airline staff.

She disclosed that due to “security concerns,” all travellers present could not be conveyed to Abuja as scheduled, and only passengers who had checked in online could make the trip that Sunday.

Although disgruntled passengers at the airport demanded to know what security concerns allowed for the transportation of selected passengers, she did not speak further on the issue. She, however, asked other passengers to reschedule their flights for the following day, Monday, November 13.

The ICIR observed an angry male traveller lamenting the cost of taxis that convey passengers to and from the airport.

“I paid N15,000 to get here. I’m supposed to pay another N15,000 to go home and repeat the trip tomorrow?” he asked.

In Nigeria, as is the case globally, rescheduling flights by customers comes at a price that the airline decides.

However, flights being rescheduled or cancelled by the airlines hardly come with compensation for the customers, and in some cases, no explanations are given.

In October, The ICIR reported that the process of cancelling flights by Nigerian airlines is often contrary to the provisions of the aviation laws in the country, including the NCAA Regulations of 2015.

According to Part 19.7 of the regulations, passengers are entitled to compensation if cancellations are not announced at least 24 hours earlier.

“In respect of domestic flights, have the right to compensation by the operating air carrier in accordance with Section 19.10 unless they are informed of the cancellation at least twenty-four hours before the scheduled time of departure,” the regulations stated.

The NCAA Director of Consumer Protection and Public Affairs, Chris Najomo, who spoke to The ICIR on Friday, November 17, over the cancellation of the Ibom Air flight, encouraged customers to report cases of non-compliance with the regulation by airlines.

“The NCAA desks are very visible in the airport. If there is any complaint or maltreatment, go to the desk and complain immediately. These cases are usually resolved once the NCAA is involved,” Najomo said.

He, however, requested details of the trip, adding that the NCAA would investigate the case.

Litigation threatens NPFL/StarTimes broadcast deal

Dotun OMISAKIN
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Litigation threatens NPFL/StarTimes broadcast deal

THE new five-year broadcast right deal between the board of the Nigeria Premier Football League (NPFL) and StarTimes – a cable television – has been threatened by litigation.

The deal signed in Abuja on Thursday, November 2, 2023, by the parties had raised the hope of returning the country’s top-flight league matches to television after seven years.

The ICIR reported that the broadcast deal, which is supposed to take effect tomorrow, Saturday, November 18, to air the match between Akwa United versus Remo Stars will generate N1.06 billion in its first year, the current 2023/24 season.

Also, the following seasons will attract increments; the 2024/25 season will see the deal rise to N1.1 billion. It will be N1.150 billion in the 2025/26 season. The deal grows to N1.2 billion in the 2026/27 season, while it jumps further to N1.25 billion in the 2027/28 season.

Piqued by the NPFL/Startimes broadcast deal, a marketing company, Total Promotions Nigeria Limited, claimed to own the broadcast rights of the league’s matches.

The marketing company said they had signed the broadcast rights for the Nigeria Premier League from the 2010-2011 season to 2018-2019 but was stopped from exercising the rights in 2013 by the defunct League Management Company (LMC).

Since 2013, the company has been demanding to reclaim the league’s broadcast rights.

Getting wind of the current NPFL board agreement with Startimes, the marketing company made a fresh move, threatening litigation that endangers the new deal.

In a letter dated November 9, 2023, signed by Mr. Funke Ajijo and titled ‘Television Broadcast Right for the Nigerian Premier League/Nigeria Football League,’ Total Promotions said: “We write to inform you that the property you claimed to have signed is not available as it is, at the very least, still residing in Total Promotions Nigeria Limited.”

The letter revealed the litigation against any parties claiming the broadcast right between Total Promotions Nigeria Limited and Nigeria Football League in suit No: LD/997/2013, with the attachment of the injunction from the court.

“By this act, only Nigeria Football League has the legal ownership of all matters relating to the league,” the letter says in part, adding that the article and memo of Nigeria Football League Limited specifically state that the Nigeria Football League is to organise and manage under the jurisdiction of the NFA League of association football clubs to be known as The Nigeria Football League,” the letter reads.

House of Reps mulls establishing Enugu inland dry port

Harrison EDEH
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House of Reps mulls establishing Enugu inland dry port

THE House of Representatives, on Thursday, November 16, in Abuja, adopted a motion seeking to establish an inland dry port at Emene in Enugu state.

The motion was sponsored by Paul Nnamchi, representing Enugu East/Isi Uzo federal constituency, and 14 other members.

Consequently, the House mandated its committee on ports and harbour to liaise with the Nigerian Ports Authority (NPA) management and develop a workable modality to ensure a speedy establishment of the port as soon as possible.

Leading the debate in support of the motion titled, “Urgent Need for Federal Government to Establish Inland Dry Port at Emene Enugu State,” Nnamchi, professor, described the inland dry port as a secured location for temporary storage, inspection, and a place for Customs’ release of import and export goods.

He said Enugu as the former regional capital of the East Central State and hosting numerous big companies like Anambra Motor Company (ANAMCO), Emene Aluminum Company, Sunrise Floor Mills, Eastern Plastics, Nigersteel, NNPC Depot, and the international airport, was well suited for the dry port.

Nnamch explained that the proximity of Customs, Immigration, and the 82 Division of the Nigerian Army to the suggested site for the port was an added advantage for its security.

The lawmaker also stated that he and his colleagues considered siting the project at Emene as being very strategic in fostering economic, industrial development, and regional linkage because of its nearness to several north-central states.

“We also feel that the usual undue bureaucratic bottlenecks in clearing and forwarding processes at major ports can be reduced with an Emene Inland Dry Port”, Nnamchi observed, adding that the lack of inland port in Enugu hindered the potentials of the people of the south-east and its northern neighbours.

Co-sponsors of the motion are representatives Chimaobi Atu, Peter Aniekwe, Mark Obetta, Sunday Umeha, Emeka Chinedu, and Obi Aguocha.

The list includes Chinedu Oga, Essex Mark Udo, Koki Sagittarius Ibrahim, Nyanya Zaharia Dauda, Isiaka Ibrahim, Hon. Boba Goodhead, Anayo Onwuegbu, and Ali Isa.

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