Month: February 2024

According to impeccable industry sources, MTN had tried to intimidate and blackmail GLOBACOM on its soil but the telecoms company stood its ground by challenging MTN to prove whatever case it had instead of engaging in cheap blackmail. It turned out to be a fight worth fighting. From experience, GLOBACOM was used to being harassed by those who failed to realise that its promoters built its business conglomerates in an organic fashion and never through the surreptitious processes. MTN had slammed a whopping sum of over N7.05 billion on GLOBABOM, covering interconnect charges of N1.6 billion (which was already paid before the controversial publication), VAT of N1.7 billion allegedly paid on behalf of GLOBACOM and a compounded interest of N3.6 billion, which GLOBACOM considered preposterous since it is the absolute prerogative of companies to pay its interests and never through proxies. Thus it was bizarre that MTN paid VAT on its behalf when it was already a fact that GLOBACOM met all its obligations to FIRS. To establish that GLOBACOM was not short of funds but only fighting for its fundamental rights and integrity in the industry, the company posted a payment guarantee of N3,489,961,881.48 and also issued seven bank cheques each of N500m making a total of N3.5b. but MTN later opted for the bank guarantee. GLOBACOM then requested the commencement of a reconciliation exercise. The earlier threat to disconnect GLO was obviously in bad faith and poor taste since it had even paid the N1.6 billion before the publication and was only seeking transparency in the MTN claims. After the parties sat down for due diligence with the Regulators at NCC offices in Lagos, it was established that contrary to the MTN insistence on claiming the earlier published sums, the interest element of the interconnect debt due from GLOBACOM to MTN stands at N2,368,290,400.81.

 

Because of this painstaking reconciliation, MTN can now go ahead to call up the First Bank payment guarantee dated 17th January 2024. This shall represent the full and final payment.

 

GLOBACOM insists that MTN should never have been pampered to the extent that it wields the power of life and death over homegrown competitors. According to checks on MTN operations elsewhere, this is the same modus operandi that led to several major telecom companies collapsing and fleeing from Ghana.

Culled from NewsNav

There is no doubt that many Nigerians may not know that to obstruct ambulance on a road could be tantamount to dangerous or reckless driving.

Below is an experience from Malaysia!

Recently, (in Malaysia), there have been several regrettable cases of drivers in our country not giving way to ambulances transporting emergency patients on the road.

On 6 January, the Sri Aman District Police released a statement regarding a Perodua Kembara not giving way to an ambulance in Sri Aman, Sarawak, while on 16 January, St John Muar Ambulance shared how one of their ambulances being blocked by a pickup truck and the passengers laughing at them after finally giving way on Pedas Linggi highway.

The most recent case involves a Toyota Camry on the MRR2 highway in Kuala Lumpur. According to NST, the driver can be seen driving recklessly and blocking the ambulance. NST in an update then reported that the driver has since been identified as a 41-year-old female who is suffering from psychiatric issues and was taken to Kuala Lumpur Hospital for treatment and to obtain a medical report.

This latest incident has got to be the most intriguing out of the 3, given that the driver was confirmed to be suffering from a psychiatric issue that may have impacted the way she drove on the road. So, what charges does she face with this added context in mind? Furthermore, what relevant laws apply to any drivers blocking or refusing to give way to ambulances on the road?

 

Well, join us as we delve into the relevant laws and regulations on the matter below.
Section 42 of the Road Transport Act 1987
The most relevant law in all 3 cases has got to be Section 42 of the Road Transport Act 1987 for reckless and dangerous driving. The provision is as below:

According to Section 42 of the Act, an individual is considered to have committed an offence of reckless and dangerous driving if they drive a motor vehicle on a road recklessly or at a speed or in a manner which having regard to all the circumstances (including the nature, condition and size of the road and the amount of traffic which is or might be expected to be on the road) is dangerous to the public.

Based on the videos of all 3 aforementioned cases, the drivers can be deemed to have committed reckless and dangerous driving because they not only didn’t give way to ambulances but also actively blocked them from overtaking them. As such can be argued to be reckless driving as what Section 42(1) prescribes.

Should an offender be convicted under this provision, they face up to 5 years of imprisonment and a fine between RM5,000 to RM15,000. Moreover, if the offence is the second or subsequent conviction, the punishment is increased to up to 10 years in jail and a fine between RM10,000 to RM20,000.

Image source: WORLD OF BUZZ

In addition, Section 4 states that those convicted be disqualified from holding or obtaining a driving licence for 5 years from the date of conviction and if they’re a holder of a probationary driving licence, the licence would be revoked.

Furthermore, should it be a second or subsequent conviction, the disqualification would be for a period of 10 years from the date of conviction.

Section 46 of the Road Transport Act 1987
As for the 41-year-old driver who blocked the ambulance on the MRR2 highway, given that she was confirmed to suffer from psychiatric issues, she may also be charged under Section 46 of the Road Transport Act 1987 for driving when suffering from disease or disability. The provision is as below:

As you can see from the above, this may only become relevant should she be aware of her disease or disability and that they could cause her driving to be a source of danger to the public when driving her Toyota Camry on that day.

Accordingly, if she were to be charged and convicted under Section 46, she may face up to RM1,000 fine or up to 3 months in jail or both.
Moving forward, it would be interesting to see the development of this case as we can’t really comment further until the police have finished their investigations. After the investigation papers are completed, the Deputy Public Prosecutor (DPP) as the principal prosecuting authority of the case will determine the most relevant charges based on the evidence provided.

Sections 279, 283 and 341 of the Penal Code
Beyond the Road Transport Act 1987, there are also provisions under the Penal Code that are relevant to cases of reckless driving and blocking ambulances on the road. One of these is Section 279 of the Penal Code which prescribes the offence of rash driving on a public way below:

Under this provision, an individual is considered to have committed rash driving or riding on a public way should they drive a vehicle in a manner so rash or negligent as to endanger human life or likely to cause injury to any person.

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Should an offender be convicted under this provision, they may face up to 6 months in jail or up to RM2,000 fine or both.

Besides that, another potentially relevant provision is Section 283 of the Penal Code above which deals with danger or obstruction in a public way or navigation.
Under this provision, anyone found to have performed an act which causes danger, obstruction or injury to any person in any public way can be punished with a fine of up to RM400 if convicted.
Besides that, another provision that may become relevant in these sort of situations is Section 339 of the Penal Code which deals with wrongful restraint below:

Screenshot provided by ADIL Legal

Punishment for offenders convicted under Section 341 is up to 1 month imprisonment, a fine of up to RM1,000 or both.

With all of the above in mind, let’s make a lesson out of these cases and remember that it’s important for all of us to not follow these regrettable actions while on the road. Hence, please always give way to ambulances, police or the Fire and Rescue Department vehicles as doing so might just help save a life.
For more insights into the Malaysian legal system such as this, do make sure to follow us on Facebook and Instagram or visit our official website. You can also read our articles on the popular Malaysian news aggregator app Newswav here.

 

 

By Flowerbudnews

The Independent National Electoral Commission in Enugu, on Thursday, took delivery of sensitive materials from the Central Bank of Nigeria (CBN) for Saturday’s re-run elections in the state.

The Resident Electoral Commissioner (REC) in the state, Dr Chukwuemeka Chukwu, disclosed this in an interview with newsmen in his office.

Chukwu said that the commission was fully prepared for a hitch-free exercise.

He said that INEC had taken possession and secured the delivery of the sensitive materials for upward movement to the three respective local government areas involved in the re-run elections.

He said that the commission was in the last phase of the process of the re-run, with the ballot papers and results sheet in its safe custody.

 

The REC also said that the commission had invited representatives of political parties and security agencies to witness the exercise for openness as well as assure all the stakeholders that the sensitive materials are intact.

 

He said that non-sensitive materials had already been moved to the council areas, adding that training, logistics, security and other arrangements had been concluded for the exercise.

 

It would be recalled that 173 polling units in 25 Registration Areas, also called political wards, would be open for Igbo-Eze North/Udenu Federal Constituency and Enugu South (Urban) State Constituency re-run elections.

For Igbo-Eze North/Udenu Federal Constituency, there would be 62,697 voters within 24 Registration Areas as well as 165 polling units.

Also, for Enugu South (Urban) State Constituency, there would be 4,618 eligible voters in one Registration Area as well as eight polling units. (Flowerbudnews)

 

By Biola Lawal
Abuja (Flowerbudnews): The Chairman of the Police Service Commission (PSC) Rtd IG, Solomon Arase has reiterated his commitment to Nigeria, vowing to sustain the battle against Cultism and Banditry to make the country secure and peaceful.

Arase described as ”infantile,” and mere propaganda, insinuation running on an online news against the ongoing reorganisation approved by PSC in the police, involving transfer of certain categories of officers from some states, a PSC Statement by Ikechukwu Ani, Head, Press and Public Relations disclosed.
.
Flowerbudnews recall that the Police had clarified that transfer of officers from some states were effected to enhance efficiency and accountability and that the ”exercise is a tradition and sacrosanct “.

Dr. Arase however, insisted that he had no apology for his known tradition to stand for a Police Force that is committed to nation building through the protection of lives and properties, maintenance of the rule of law and freeing the nation of the menace of cultists, bandits and other marauding deviants across the country.

Dr. Arase said that he ”can not be diminished to operate as a provincial Nigerian who thinks first of himself or his kindred before national interest.’:’

The allegation that he was the only Police IGP who dismissed Policemen from his own village, he noted was ridiculous and infantile, insisting that he will always fight crime and criminality anywhere it raises it’s head whether it is in his village or somewherelse.

The PSC Chairman stated that he wrote the Governor of his state and copied the Inspector General of Police last December on the deteriorating state of affairs in Edo state particularly the recent surge in cult related violence and demanded urgent and decisive action.

He said in the letter that the situation was further worsened by the failure of the Judiciary to successfully prosecute these cases and which has allowed these criminals to roam freely, perpetuating violence and instilling fear among the people.

As the Inspector General of Police, Dr. Arase said that he amputated cult dons and charged them to court, although and unfortunately the powers that be released these outlaws upon his retirement. The records he noted are still with the Edo state Judiciary.

Since the gang war commenced in the state in November last year, he disclosed that close to 30 persons have been killed.

Dr. Arase declared that he had zero tolerance for violent crimes when he served the nation as the 18th Inspector General of Police and had successfully dominated the security space with intelligence policing. He pledged to continue to contribute to the restoration of peace and safety in Nigeria.

The statement read:

The attention of the Chairman of the Police Service Commission, Dr. Solomon Arase, CFR, retired Inspector General of Police has been drawn to reports in an online publication on the ongoing reorganisation in the Nigeria Police Force which involved transfer of certain categories of Officers from some states of the federation.

The publication gave the impression that the PSC Chairman was responsible for the transfers that affected Officers from his state of Edo. According to the report ” the Inspector General of Police and the PSC Chairman…collected money from Obaseki, the Edo state Governor to transfer us out of the Command” adding that ” the PSC Chairman did the same Transfer when he was the Inspector General of Police and it was stopped by the former PDP Chairman, late Chief Anthony Anenih of blessed memory”

The publication went as low as alleging that “Arase is the only Police IGP who dismissed Police Men from his own village and when the elders called him, he told them that it is a national issue and not community issue”

The Commission is however happy that the Police Management has sufficiently addressed the issues raised in the publication and that the transfers were routine reorganisation in the Force which involved the transfer of Officers who have served for a long period of time in a particular state which it also noted is “a crucial aspect of maintaining effectiveness and professionalism “.

The Police Management also mentioned the states currently undergoing the reorganisation and which included, Edo, Delta, Rivers, Akwa Ibom.

According to the Police, these states and some others have been earmarked for this first phase of reorganisation to enhance efficiency and accountability and that this exercise is a tradition and sacrosanct “.

Dr. Arase however insists that he has no apology for his known tradition to stand for a Police Force that is committed to nation building through the protection of lives and properties, maintenance of the rule of law and freeing the nation of the menace of cultists, bandits and other marauding deviants across the country.

Dr. Arase says that he can not be diminished to operate as a provincial Nigerian who thinks first of himself or his kindred before national interest.

The allegation that he was the only Police IGP who dismissed Policemen from his own village, he noted was ridiculous and infantile, insisting that he will always fight crime and criminality anywhere it raises it’s head whether it is in his village or somewherelse.

The PSC Chairman confirmed that he wrote the Governor of his state and copied the Inspector General of Police last December on the deteriorating state of affairs in Edo state particularly the recent surge in cult related violence and demanded urgent and decisive action.

He said in the letter that the situation was further worsened by the failure of the Judiciary to successfully prosecute these cases and which has allowed these criminals to roam freely, perpetuating violence and instilling fear among the people.

As the Inspector General of Police, Dr. Arase said that he amputated cult dons and charged them to court, although and unfortunately the powers that be released these outlaws upon his retirement. The records he noted are still with the Edo state Judiciary.

Since the gang war commenced in the state in November last year, he disclosed that close to 30 persons have been killed.

Dr. Arase declared that he had zero tolerance for violent crimes when he served the nation as the 18th Inspector General of Police and had successfully dominated the security space with intelligence policing. He pledged to continue to contribute to the restoration of peace and safety in Nigeria.(Flowerbudnews)

 

Delta State Governor, Rt. Hon. Sheriff Oborevwori, Thursday, said the state ranked first among states in the country in Criminal Justice Reforms by the Abuja-based Centre for Socio-Legal Studies.

 

Governor Oborevwori stated that the state achieved the feat following the passage of the Administration of Criminal Justice Law 2022, and Administration of Civil Justice Law 2022 by the State House of Assembly under his leadership as speaker.

 

Oborevwori stated this in his remarks during the swearing-in of three newly appointed Commissioners in Asaba, the state capital.

 

The new Commissioners are Mr Ekemejero Ohwovoriole, SAN, Attorney-General and Commissioner for Justice; Dr Ifeanyi Michael Osuoza, Commissioner for Information, and Prince Kelly Kalanama Penawou, Commissioner for Local Government and Chieftaincy Affairs.

 

He described the new Attorney-General and Commissioner for Justice, Mr Ekemejero Ohwovoriole SAN as a brilliant and capable lawyer schooled in the best traditions of legal practice.

 

“Deep, driven, and devoted to his craft, Mr Ohwovoriole brings to the office almost 30 years of distinguished service at the Bar.

 

He challenged the new Attorney-General to sustain the state’s pace setter role in Criminal Justice Reforms, adding that state’s criminal justice laws are adjudged widely to be 21st century- compliant, especially with recourse to technology.

 

“The transition period of both laws ended on December, 22, 2023. So, both laws are now operational in all courts in Delta State.

 

rigorous and successful implementation of these laws is, therefore, imperative for Delta State to maintain its leadership position.

 

“Only recently, Attorneys-General of the south-east states adopted the Administration of Criminal Justice Law 2022 as their model, hailing it as “a unique framework for the administration of criminal justice.”

 

Oborevwori further remarked that the new Commissioner for Information, Dr Ifeanyi Michael Osuoza, is a tested hand and avid communicator in the field of political communication and information management, having served meritoriously as the PDP State Publicity Secretary in the last eight years.

 

“His appointment as Information Commissioner is thoroughly well-deserved. Dr Osuoza, popularly known as Agenda, is a committed PDP member, humble leader, avid communicator, and relentless public commentator.

 

“It is my earnest expectation that he will take the government’s information management machinery to a whole new level. I expect creativity and innovation in government communication in a way that ensures optimal, fact-based projection of the policies, programmes, achievements, and activities of the government.

 

“One major shift I will like to see in the Information Ministry is for it to go beyond the information arena and engage in positive citizen engagement and mobilisation.

 

“It is my considered view that stakeholder perception audits must be integral to the operations of the information ministry.

 

“It should serve in the best traditions as a sensor, gathering intelligence and inputs from the citizenry that would form the basis of the policies and programmes of the government.”

 

Governor Oborevwori stated that the Commissioner for Local Government and Chieftaincy Affairs, Prince Kelly Kalanama Penawou is a grassroots politician of immense stature with extensive experience in local government administration.

 

He said he expects nothing but excellence and exemplary performance from him, having served as Special Adviser on Local Government Affairs in the immediate past administration.

said he expects nothing but excellence and exemplary performance from him, having served as Special Adviser on Local Government Affairs in the immediate past administration.

 

He charged the Commissioners to lead by example by being role models in their respective ministries.

 

Oborevwori said: “To the commissioners, I leave you with no charge other than the one I gave to your colleagues, and I quote.

 

“As heads of Ministries, your personal example is the most powerful leadership tool you possess. You must be role models in punctuality, discipline, hard work, excellence, honesty, transparency, and accountability. People will do what they see you do, not what you say. Hence, you must endeavour to match your words with actions.

 

“Let fairness, equity, and justice guide your actions, and you must give every citizen equal opportunity to benefit from our programmes and services. In this regard, you must shun ethnic politics and divisive tendencies. You are to maintain an open door policy in your ministries and be accessible to all and sundry.

 

“I wish to reassure Deltans that with the distraction of the court cases now behind us, this administration is poised to fully focus on the business of advancing Delta State through accelerated infrastructural development, more job opportunities, improved learning climate in our schools, and better working conditions for workers in the public service.

 

“What we have achieved in the last seven months will pale in comparison to what we are set to do in the months and years ahead. Rest assured, we are determined to make life richer, better, and more fulfilling for all Deltans”.

 

He charged all political appointees to roll up their sleeves and redouble their efforts to contribute their quota to the effective and successful implementation of the MORE agenda.

 

“We must reciprocate the massive mandate given to us by the good people of Delta State with sincerity of purpose, empathy with the people, and improved service delivery, in the discharge of our duties.”

 

Responding, the Commissioner for Information, Dr Ifeanyi Osuoza, expressed appreciation to God and to the Governor, Rt Hon Sheriff Oborevwori, for finding them worthy to serve as Commissioners.

 

He assured Deltans of their resolve to put in their best in the service of the state through the MORE agenda.

 

The Deputy Governor of the State, Sir Monday Onyeme, former Deputy Governors of the state, Chief Benjamin Elue and Barr. Kingsley Otuaro, Hon. Nicholas Mutu, the Speaker of the State House of Assembly, Rt. Hon. Emomotimi Guwor, his Deputy, Rt. Hon. Arthur Akpowowo, State PDP Chairman, Dr Kingsley Esiso, Senator James Manager, Olorogun J. U. Oguma, Chief Chris Agbobu, Dr Gabriel Ogbechie, among others, attended the ceremon