NBA rejects external financial control by CBN & EFCC

THE Nigerian Bar Association (NBA) will not submit to financial scrutiny by any external body, including the Central Bank of Nigeria (CBN) and the Economic and Financial Crimes Commission (EFCC), as proposed by the Federal Government. The proposal was meant to regulate the financial transactions of lawyers, but to give teeth to its stand, the NBA said it has filed a suit challenging the new provision, which now requires all lawyers to report all financial transactions beyond $1,000 to the government as a way of fighting terrorism and money laundering.

Though the body said it is willing to fight terrorism and money laundering, it contended that such effort should not compromise the independence of the Bar. Speaking at their just concluded 53rd Annual General Conference, which held in Calabar, Cross River State, NBA President, Oke Wali (SAN), said the association went to court because, while it does not support money laundering, lawyers would not be blackmailed into submitting to external control. He insisted: “We will not succumb to being regulated from the outside.”

By the policy, every lawyer is expected to report transactions above $1, 000 to the Special Control Unit Against Money Laundering (SCUML) at the EFCC, in line with the Money Laundering Prohibition Act, 2011 and Terrorism Prevention Act, 2011. Section 5 of the Anti-Money Laundering Law states that if a lawyer defaults in reporting his or her financial transactions, the CBN governor is mandated to withdraw his or her license.

“The law is saying what we as lawyers cannot accept,” Wali added. “I cannot understand how the CBN governor will withdraw my license from outside the Bar. It is even also in conflict with our laws on solicitor-client relationship.”

Chile's judges apologise for their actions after coup

The body representing judges in Chile has made an unprecedented apology for the actions of its members under military rule in the 1970s and 1980s.

It a statement, it said that the judiciary at the time had abandoned its role as protector of basic rights.
"The time has come to ask for the forgiveness of victims... and of Chilean society," said the judges.
More than 3,000 people were killed under the dictatorship of General Augusto Pinochet between 1973 and 1990.

The statement by the National Association of Magistrates of the Judiciary comes a week before the 40th anniversary of the coup that brought General Pinochet to power. It said its members, and in particular the Supreme Court, had failed in its duty to protect victims of state abuse.

The magistrates' association acknowledged that the Chilean judiciary could and should have done much more to safeguard the rights of those persecuted by the dictatorship. It said the judges had ignored the plight of victims who had demanded their intervention.Chilean courts rejected about 5,000 cases seeking help on locating missing loved ones abducted or killed by the authorities.
Critics say their usual response was they had no information about their fate.

Chile's current centre-right government has said the country will officially recognise the anniversary of the coup. President Sebastian Pinera said last month that the coup on 11 September 1973 was "a historical fact" and its 40th anniversary should be a time of "reflection." The announcement came after the conservative senator and former president of the Independent Democratic Union, Hernan Larrain, apologised for his party's actions. "I ask for forgiveness," he said. "This is my voice for reconciliation."


culled from
http://www.bbc.co.uk/news/world-latin-america-23967816

Saudi Arabia Passes Domestic Abuse Ban For First Time

Saudi Arabia has passed legislation aimed at protecting women, children and domestic staff against domestic abuse, a human rights official said on Thursday. The protection from abuse law is the first of its kind in a country that has often been criticised for lacking legislation that protects women and domestic workers against abuse. The law, which was approved during a cabinet meeting on 26 August, came several months after a local charity launched a nationwide campaign to combat violence against women. Under the 17-article legislation, those found guilty of committing psychological or physical abuse could face prison sentences of up to one year and up to 50,000 riyals (£8,600) in fines.

"This is a good law that serves major segments of the society in the kingdom, including women,
children, domestic workers and non-domestic workers," said Khaled al-Fakher, secretary general of the National Society for Human Rights, a government-licensed body.

Previously, domestic violence against women, children or workers was treated under a general penal code based on sharia law. Judges were left to decide according to their understanding of sharia codes, which were seen as permitting mild violence against "disobedient" wives and generally treated domestic violence as a private matter. "We are always in favour of an explicit law that does not need interpretations or personal judgment," said Fakher, whose organisation helped draft the law.

Nigeria judicial system: Endless litigation as an albatross

It has been argued over the years that justice delayed is a clear denial, or better still, an attempt to pervert the whole system. Nigeria, as a nation, no doubt, has a fair share of this situation which watchers in the sector have described as very ugly. Investigations have revealed that instances of abandoned litigations across various levels of the Nigeria’s judicial system abound, due largely to the granting of unnecessary injunctions, the unprofessional conduct on the part of lawyers, judges, corrupt practices, and apparent lack of facilities.

Former Chief Justice of Nigeria, Justice Dahiru Musdapher was once quoted as saying that over 110,000 cases were pending before Federal and States High Courts in the country. This, no doubt, has brought to fore the slow pace that characterizes administration of justice in the country. The former Chief Justice, who said that although there were other notable challenges confronting the judicial system in the country among which is lack of necessary equipment in the Courts rooms, also noted that the development poses grave danger to the judicial system, stressing further that the inability to provide adequate facility has unnecessarily led to the serial granting of controversial adjournments.

In a related stance, a human rights activist and Chairman, Nigerian Bar Association (NBA), Ikeja branch, Mr. Monday Ubani posited that the snail speed that characterizes the administration of justice in the country has succeeded in entrenching corruption in the society, abuse of office, and sadly, prison congestion, a development that has turned the prisoners to monsters and ended up demonizing the society when they regain their freedom, while the unlucky ones died in a more dehumanizing and or tragic condition.

Rising to the challenge of human kidnapping scandal in Nigeria

The story of the abduction of human rights lawyer, Chief Mike Ozekhome (SAN), last Friday on the Benin-Auchi Expressway made the front page of major newspapers in the country. No doubt, his personality and popularity as a foremost human right lawyer and a Senior Advocate of Nigeria necessitated the importance accorded his kidnap story. However, the truth of the matter is that the Edo-born lawyer is not the first person to be taken hostage in the state lately. While little or nothing has been heard in terms of kidnap in the core oil-producing states of Rivers, Bayelsa and Delta, where kidnapping started in the country, there has been an upsurge in Edo State. In fact, Ozekhome’s name may not occupy at least the 10th position if a list of the people who have been abducted in the last eight weeks in Edo State is drawn.

The implication is that kidnapping-the taking away of a person against the person’s will, usually for ransom-which used to be an exclusive preserve of the militants in the creeks of the oil-producing states in the Niger Delta, has journeyed to many states of the federation to settle in Edo State, “Heartbeat of the Nation”. Kidnapping is now a big business in Nigeria and what is worrying is how underreported the scourge is; what one reads in the media are simply a very low percentage of the real case of abduction in Nigeria. A friend’s father in-law who is a retired public servant, over 70 years old, he came visiting the UK and simply refused to return to Nigeria. Here is a man who is not only comfortable back home but ALL is children are upper class professionals, he loves his country and he served his homeland, he deserves to rest in his old age and live in peace. He stated that not less than 9 of his friends have either been kidnapped, or have relatives kidnapped and the least ransom paid was N35 million. He even mentioned a case of ransom being paid trough a local Divisional Police Officer (DPO), who advised them not to involve the press.