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World Elephant Day: Saving the gentle giants

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When I conceived the thought to write about elephants as part of efforts to mark the World Elephant Day – observed on August 12, I got a link with a note about how an endangered species – a gorilla – was killed and butchered by hunters in Sapele, Delta State, Nigeria. The images were so gory.

elephant ivory
Forest elephants are poached for their ivory and skin, and threatened with extinction

We habitually excuse the ignorance of such perpetrators and justify such jail-worthy offense by hunger. The truth we are yet to tell ourselves is that we deny our generation and those unborn the enormous benefits that wildlife avails us.

The murder of the gorilla in Sapele is just one of the many unlawful killings of our priceless and irreplaceable creatures which are fast heading to extinction; all because of our unsustainable human activities.

Elephants are a wonderful part of our existence, they are the world’s biggest land animal with many unique features: long trunks, broad thick legs and large floppy ears used to emit heat from its body. I personally can’t imagine a world without elephants, hence my decision to join my voice with a million others to mark the 2017 World Elephant Day.

Remarkably, some recent studies describe elephants as probably the smartest land animal. They are seen to be very clever and intelligent as demonstrated in their display of altruism and innovation to find solutions to their challenges; however, these solutions are largely beneficial to the survival of other animals in the wild.

An elephant’s long trunk can spot a smell about four times as sensitive as a tracking dog (bloodhound). Reports show that elephants can smell water several miles away, making them the kings of the wild in seasons of drought as other animals sort to move around elephants in the knowledge that it will smell and dig out water for the lot. But what then do we benefit from conserving wildlife as humans?

Most medical discovery and recent breakthrough were made possible because of the presence of animals. Some of them are majorly adopted from the life style of animals then improved for the benefit of humans as observed in equipment and machines we use. We can’t live without them. Conserving these animals could help grow our enthusiasm towards science, hence new and improved innovations could be achieved from studying animal behaviours.

The elephant, as well as other wild animals, if conserved and properly managed, could help grow our nation’s economy through eco-tourism and give our landscape some priceless aesthetic values as seen in some developed nations. Imagine how much income would be generated through group visits, tours, exhibitions and research to conservation areas, parks and nature reserves? Put an estimate to how many idle hands will be gainfully employed?

The earlier we know that it is our duty to protect and conserve our ecosystem because they are unique to us, the better for us. Folks with these understanding should wildly share this knowledge; government is encouraged to lead with policies, strategies, and enforcement to ensure that we promptly reduce poaching and illegal killings of wildlife knowing that we are all part of a web of life when one individual disappears others are the risk of disappearing as a result.

“When the last trees cut down, when all the animals are hunted, when all the waters are polluted, when the air is unsafe to breathe, only then will we realise that one cannot eat money”. – Cree Prophecy.

By Udo-Azugo Somtochukwu, Adebote ‘Seyifunmi and Alli Abiola

World Water Week: 2017 Stockholm Water Prize winners decorated

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Two students from the USA, Ryan Thorpe and Rachel Chang, received the 2017 Stockholm Junior Water Prize on Tuesday, August 29, 2017 for their novel approach to detect and purify water contaminated with Shigella, E. coli, Salmonella, and Cholera. H.R.H. Crown Princess Victoria of Sweden presented the prize at an award ceremony during World Water Week in Stockholm, Sweden.

2017 Stockholm Junior Water Prize
2017 Stockholm Junior Water Prize winners, Americans Ryan Thorpe (left) and Rachel Chang, with H.R.H. Crown Princess Victoria of Sweden

 

 

 

Similarly, Professor Stephen McCaffrey received the 2017 Stockholm Water Prize on Wednesday, August 30, 2017 for his unparalleled contribution to the evolution and progressive realisation of international water law. The prize was presented to Stephen McCaffrey by H.M. Carl XVI Gustaf, King of Sweden, at a ceremony in Stockholm City Hall during the ongoing World Water Week.

In its citation, the Stockholm Water Prize Nominating Committee recognised Professor McCaffrey’s “path-breaking leadership and legal scholarship in international water law. He has made a unique contribution in three specific areas: his seminal work on Treaty negotiation; his major scholarly works, including his book The Law of International Watercourses and; his leadership providing expert legal advice, wise counsel, training and facilitation of complex negotiations with a wide range of stakeholders.”

On receiving the Prize, Professor McCaffrey said: “I accept this very special award not only on my own behalf, but also on the behalf of the many women and men who work so hard in the field to ensure that fresh water can be brought to people in ways that do not strain international relations, but which in fact affirmatively produce win-win solutions for countries and people on the ground in accordance with law”.

2017 Stockholm Water Prize
Prof. Stephen McCaffrey (left) receiving the prize from H.M. Carl XVI Gustaf, King of Sweden

As Ryan Thorpe and Rachel Chang received the prize, Chang said: “I’m feeling so overwhelmed with emotions. All the projects here are absolutely amazing, truly of the highest quality. So, to be able to win such an achievement, it feels incredible”.

In its citation, the Jury said: “This year’s winning project embodies the fundamental principle of providing safe drinking water. The winner’s motivation is to eliminate millions of human deaths each year. The project developed a unique, rapid, and sensitive method to identify, quantify and control water contaminants.”

The students constructed a system that detects and purifies water contaminated with Shigella, E. coli, Salmonella, and Cholera more rapidly and sensitively than conventional methods. Their system detects as little as one reproductive bacteria colony per litre instantaneously and eliminates bacterial presence in approximately ten seconds. In contrast, conventional methods have detection limits of up to 1000 colonies and take one to two days. The students’ novel approach could prevent the contraction and outbreak of waterborne diseases and expand potable water throughout the world.

The Jury was impressed by the winners, in particular their “exceptional intelligence, enthusiasm and true passion for water and human health.”

“This method is applicable to both developed and developing world. The winning project has used fundamental science in an elegant way to address pathogenic bacteria in drinking water. The project has the potential to revolutionise the future of water quality,” the Jury said further.

“This is a very inspiring project that takes on one of the world’s biggest challenges, providing clean drinking water for all. Methods like these can unlock huge human potential, when access to safe drinking water, and by extension health, improves among hundreds of millions of people,” said Torgny Holmgren, Executive Director of SIWI.

The Stockholm Junior Water Prize competition brings together the world’s brightest young scientists to encourage their continued interest in water and the environment. This year, thousands of participants in countries all over the globe joined national competitions for the chance to represent their nation at the international final held during the World Water Week in Stockholm. Teams from 33 countries competed in the 2017 finals.

A Diploma of Excellence was awarded to the students Aniruddah Chowdhury, Arnab Chakraborty, and Rituraj Das Gupta from Bangladesh. Their project researched more efficient ways to remove dyes from textile industry discharges, using a composite of titanium dioxide and cheap, locally sourced chemicals.

“By innovative use of existing technology they show new possibilities to cost effectively and efficiently treat harmful waste water from textile industry,” the Jury said.

Stephen McCaffrey, Distinguished Professor of Law at the University of the Pacific, McGeorge School of Law, in Sacramento, California, is the single most respected authority on International Water Law. His work continues to influence scholars, legal practitioners and policy-makers and contribute to the sustainable and peaceful management of shared waters.

Dr Letitia Obeng, Member of the Stockholm Water Prize Nominating Committee, said: “Professor McCaffrey is an internationally respected pioneer in water law and in diplomacy. Today’s international lawyers stand on his shoulders”.

Water flows where it will and has no regard for national or regionally drawn boundaries. Beneficial hydrological, social, and economic linkages can be fostered among countries which share transboundary waters, with their equitable use promoting peace and development.

Nearly 40 per cent of the world’s population lives in countries that share river basins. Increasing stress on water resources globally will require the reasonable and equitable use of transboundary waters. Improved management of transboundary waters reduces the potential for conflict, fosters socio-economic development, promotes shared benefits, and supports healthy ecosystems and services.

“Cooperation over shared waters is becoming increasingly important, as we witness higher demand coupled with growing scarcity. Stephen McCaffrey is a true inspiration for us in this area, as well as and an important guide, through his works and his wisdom”, said SIWI’s Executive Director Torgny Holmgren.

Professor McCaffrey has been acting as legal counsel to states in several negotiations concerning international watercourses. He has served as counsel in many inter-state disputes over shared water resources, for example between Argentina and Uruguay, Pakistan and India, and Slovakia and Hungary, which have been heard by international courts and tribunals.

Cross River Superhighway: Why the threat still stands

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Adeniyi Karunwi, Director General of the Nigerian Conservation Foundation (NCF), in this treatise expresses concern over the fact that a remarkable rainforest ecosystem in the country is threatened, courtesy of the proposed Superhighway project in Cross River State. He suggests that the state government appears not to be doing enough to address a set of conditions to be fulfilled before project commencement

Cross River Superhighway
Newly proposed altered route as seen above (with red line) as published by Global Forest Watch will
still cut through intact forest and protected area

Cross River Tropical Rainforest, the largest remaining rainforest ecosystem in Nigeria and one of the 25 biodiversity hotspots in the world is facing a very serious threats of degradation  on account of the proposed Superhighway project of the Cross River State Government.

This rich forest estate is serving as home to highly threatened species including 1,568 plant species of which 77 are endangered medicinal plants and orchids, 22 primate species such as the Cross River gorilla (with only about 300 individuals remaining in the wild), Nigeria-Cameroon chimpanzee, drill monkeys, and a range of other wildlife species facing one of the greatest conservation challenges of our time.

Recent policy direction of the Cross River State Government has given consent for the unprecedented destruction of pristine forest habitats for the construction of the Superhighway.  Consequently, dozens of earthmovers have been sighted in forest reserves and community forests making permanent and irreversible alterations to the rich forest landscape of Bakassi, Akamkpa, Ikom, Boki, and Bekwara Local Government Areas (LGAs). Sadly, this action is aggravating widespread poverty and ultimately resulting in untold hardship among indigenous communities that live adjacent to these forests.  Essentially, this unplanned and unsustainable developmental action of government pertaining to habitat destruction as well as ecological and species destabilisation, is generating deep environmental and socio-economic concerns among civil society groups, local communities and other stakeholders.

The initiation of government programmes for the development of the State is highly commendable particularly in the context of the Superhighway project.  It is however advisable that such large scale projects should be made to comply with all related municipal legislations; international treaties and conventions of which Nigeria is a signatory. Importantly, this should include being subjected to environmental and social impact studies as stipulated in the Environmental Impact Assessment Act of 1992. This law makes it mandatory for proponents (including the Federal, State and Local Governments as well as private developers) to carry out detailed EIA studies on projects with potential impacts on the environment.  Reports from such studies must be published for public scrutiny and comments.

Cross River Superhighway
Proposed map of the superhighway left and proposed rerouted direction of the superhighway right. Map courtesy of WCS

It is pertinent to observe that the proposed Superhighway has already produced three failed Environmental Impact Assessment reports. These reports have been widely criticised as being substandard, fraudulent and non-compliant with National Laws and International best practices. Curiously, in a letter dated 29th July, 2017, the 4th version of the EIA report has been granted conditional approval by the Federal Ministry of Environment despite these obvious deficiencies. According to the said letter issued by the Ministry to the proponent – the Cross River State Government, it is expected to fulfil 23 conditions within a period of two weeks before the commencement of the project.

Amongst these conditions are: the payment of compensation to all affected persons and communities, the production of coordinates, surveys and maps of the pathway of the superhighway that is said to have been rerouted from the Cross River National Park and the Ekuri forest; as well as the gazetting of the Reversal Order pertaining to the 10 km span buffer zone on either side of the superhighway previously contemplated; etc. This development has triggered widespread public debate as to whether the Cross River State Government should embark on this project or upgrade the already existing federal highway to a superhighway.

Nevertheless, this whole episode brings to bare some level of suspicion especially when the Cross River State Government on February 20, 2017 issued a notice to the Federal Government of Nigeria about going ahead with the Superhighway with or without the approval of the EIA and, in addition, where many trees felled along the route during the land clearing process were converted to valuable timber and mysteriously disappeared leaving doubts in the minds of many.

Recently, there have been publications and sketches of maps produced on the alternative Superhighway routes. However, the Government is yet to come up with a new acquisition order to show the new route, which would require further EIA. Therefore, “the project to save not just CRNP and Ekuri forest but the entire forest area of Cross River State should be a Flagship project and a state of emergency declared on the Cross River Tropical High Forest”.

Incidentally, in April 2017, the Cross River State Government decided to announce the rerouting of the superhighway following recommendations by some environmental groups, with the excuse that the road was going to be diverted completely from the park. But, as seen from the map above, the highway will still cut through several protected forests reserves and abut the western boundary of the Cross River National Park.

The issues raised in the previous EIA report which have not been adequately addressed in the recently released report are as follows:

  • Consistent and correct baseline data;
  • Cost-benefit analysis for each of the routes proposed and a clear justification for the superhighway and reasons for building a new road as opposed to upgrading the existing highway;
  • The impacts of the superhighway on nearby protected areas namely Cross River National Park, Afi Mountain Wildlife Sanctuary, Afi River Forest Reserve, Ukpon River Forest Reserve and Cross River South Forest Reserve;
  • Extensive stakeholder engagement to meet accepted standards as outlined by both Nigerian legislation and international best practice;
  • Mitigation measures and sufficient detail for implementation;
  • Mention the presence of many rare and endangered species present within the area such as the Preuss’s red colobus monkey Procolobus preussi and the slender-snouted crocodile Mecistops cataphractus both of which are classified by the International Union for the Conservation of Nature (IUCN) as Critically Endangered, or to assess possible impacts;
  • The socio-economic study to focus on about 180 affected communities rather than the 21 communities documented. The full impact of the project on these communities, on their livelihoods and vulnerability must also be assessed;
  • The 23 conditions for provisional approval (short, medium and long term) given by the Federal Ministry of Environment.

These, and many more issues highlighted above, demonstrate the fact that “the threat still stands”.

Stakeholders explore ways to prevent forest fires in Indonesia

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The 2015 fire and haze event had severe effects for people and the environment. Since then, governments, companies, local communities, NGOs and donors have engaged in a variety of initiatives to prevent and manage forest fires

Indonesia forest fires
Indonesia’s forest fires take toll on wildlife

A national policy dialogue organised by the Centre for International Forestry Research (CIFOR) in Pekanbaru (Riau, Indonesia) on Wednesday, August 30, 2017 brought together different stakeholders to share their experiences with the prevention and management of forest fires. Together, they analysed progress so far and discussed a way forward and best practices for legislation, law enforcement, implementation and collaboration.

 

Local regulations are more effective

Academics and researchers at the event highlighted that regulations are more effective at the provincial, regency and city levels, issued in the form of local laws (Peraturan Daerah, or Perda). The advantage of this type of legislation is that it is binding and enforceable.

Local regulations should focus on offering incentives not to burn forest land; improving coordination among farmers for fire prevention and restoration; strengthening law enforcement; developing water management and infrastructure; and improving initial responses to fire. New legislation should be based on solid scientific evidence and support community-based restoration.

“We are happy that our research outputs can be used by all stakeholders to inform public debate, policies, regulations and best practices,” said Dr. Herry Purnomo, a scientist at CIFOR on behalf of the team of researchers. “We expect that the insights shared today will contribute to the reduction of fire and haze, not only in Riau but also in other regions of Indonesia.”

 

Sharing knowledge and collaboration

Participants agreed that best practices for fire prevention and restoration need to be established and communicated. Governments, corporations, communities and academics must share lessons learned about what works and what does not work. For example, ‘fire-free village’ programs run by different stakeholders must be evaluated and compared.

Partnership and collaboration across sectors is also essential to improve law enforcement and the implementation of best practices on the ground. At a regional level, bilateral and multilateral cooperation between ASEAN member states and stakeholders will also support fire prevention.

API Awards: Africa’s top real estate developers emerge

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Property developers, suppliers and owners recently got the opportunity to showcase their best projects and services from across sub-Saharan Africa at the Africa Property Investment (API) Awards held on Thursday, August 24, 2017.

API Awards
Gugulethu Cele, CNBC Africa (First), Charles Haba, Centrury Rwanda (Second), Michael Idusso, Kigali Heights Development Company (Third), Daniel Kamau (Forth)

The awards, which were held at the API Summit and Expo 2017 in Johannesburg, South Africa, recognised innovation and outstanding achievement across the entire property industry in seven categories. The categories include Best Retail Development, Best Mixed-Use Development, Best Commercial High-rise Development, Best Architectural Design, Best Green Building in Sub Saharan Africa, Best Hotel Development and Best Housing Development. The winning developments came from Ghana, Kenya, Nigeria, Mozambique, Namibia and Rwanda.

The projects were judged on a wide range of criteria including location, infrastructure and transport access, integration into the environment, originality of the concept, technical and architectural quality, services offered, sensitivity to the local community, innovation, sustainability, corporate staff involvement, response to market demands, financial performance, occupancy, and the impact of the project on economic convergence.

The calibre of entries was world class and the judges had a challenging time selecting the winners, nevertheless they managed to hone in on the best projects. Here are the winners for each category from the 2017 Africa Property Investment Awards.

Kfir Rusin, Managing Director of API Events, said: “We congratulate all the winners and finalists as well as their respective project teams. They have set an exceptionally high standard for real estate developments across sub-Saharan Africa and continue to shape the African built environment landscape. API Events is proud to be associated with these companies and wishes to aid in further pushing the boundaries of excellence for African property development.”

Best Retail Development – Winner: Kumasi City Mall, Ghana – Atterbury (Developer) and Boogertman & Partners (Architects)
The 18,000 sqm Kumasi City Mall is the first one stop shopping destination for Kumasi in the Asokwa region of Ghana.  The project, developed by Atterbury, includes innovative features such as composite timber as cladding and breezeblock walls. The design stays architecturally sensitive to the region and includes green building features like natural ventilation, wastewater harvesting and LED lighting. The building was based on the African notion of gathering under the trees and as such is rooted within a Ghanaian forest analogy and the context of Kumasi.

Best Commercial High-rise Development – Winner: Accra Financial Centre, Ghana – RMB Westport (Developer)
The Accra Financial Centre offers 14,648m2 of prime office space in Accra Ghana. The project was developed in line with international health and safety requirements and includes sustainable features such as energy efficient lighting solutions, isothermally insulated cavity walls to help maintain internal temperatures that reduce the building’s dependence on artificial air conditioners. The development includes a ground floor retail bank, nine floors of A-grade offices, ample parking and an additional 314m2 of retail space on the ground floor.

Best Mixed-Use Development – Winner: Kigali Heights, Rwanda – Kigali Heights Development Company (Developer), Fusion Capital (Financier-Kigali Heights), Century Real Estate (Property Managers – Kigali Heights)
The Kigali Heights Development comprises a world class office block with 12 750 sqm of Grade A office space, 5 250 sqm of prime retail space and 300 parking bays. The 18 000 sqm development was designed with flexibility and energy efficiency at its core. Kigali Heights features green building solutions such as solar powered lighting that augments the national grid and an in-house sewerage treatment plant both firsts for any commercial building in Rwanda. The development boasts a series of functional spaces which have a strong identity.

Best Green Building in Sub Saharan Africa – Winner: Garden City, Kenya – Actis (Developer)
Garden City is East Africa’s first integrated residential, retail and office development. Set on 32 acres the development includes an approximately 45,000m2 shopping mall, over 200 residential apartments and 20,000m2 built-to-suit office space. Developed by Actis in line with the Kenyan government’s Vision 2030 the project has sustainability at its core and features the largest solar paneled carport in Africa on the mall’s rooftop parking area. The developer’s vision was to create a “live-work-play” environment to cater to the community in the North-East suburbs of Nairobi.

Best Hotel Development – Winner: Strand Hotel, Namibia – DHK Architects (Architects)
The Strand Hotel has become a landmark in the seaside town of Swakopmund, Namibia. The development includes 87 luxury suites and 28 upmarket apartments, 610m2 promenade retail space, more than 1,000m2 of conference, business and banqueting facilities as well as 1,000m2 of health and spa facilities and a restaurant. The design of the hotel meets the requirements of the local heritage council and responds sensitively to the existing indigenous landscape. To avoid directly imitating the existing architecture a functional contemporary design approach was adopted resulting in a unique aesthetic.

Best Housing Development – Winner: Karibu Homes, Kenya – Karibu Homes (Developer)
Project Description: Karibu Homes is a leading Kenyan developer of mass market affordable housing with 1,000 homes currently under development. The developer has successfully delivered the first community of affordable housing in Nairobi having already completed Phase 1 of the project with 285 homes built and sold. Work on Phase 2 has started with 500 homes under construction. Since inception the development has had a significant systemic impact on the affordable housing ecosystem in general with both public and private institutions actively seeking to learn something from the development through site visits, panel discussions and scholarships.

Best Architectural Design – Winner: Torres Rani Towers, Mozambique – DSA Architects (Architects)
The Torres Rani Towers development in downtown Maputo, Mozambique is a two-tower structure that spans 775,000 sq. ft. The development includes office space, a residential tower of 181 furnished and serviced residences, a two-storey secured parking garage, and a retail area that will service both towers. Within the residential tower, 117 one-bedroom and studio units will be fully managed by Radisson Blu. Amenities include two swimming pools, a children’s play area, restaurants as well as lounges and a state of the art gymnasium.

Evans, billionaire kidnapper, arraigned, pleads guilty

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Suspected billionaire kidnapper, Chukwudumeme Onwuamadike, popularly known as Evans, on Wednesday, August 30, 2017 pleaded guilty to the charge of conspiracy and kidnapping at the Lagos High court, Ikeja.

Evans kidnapper
Evans

Evans, who was arraigned on a two-count charge of conspiracy and kidnapping before Justice Hakeem Oshodi spent 82 days in detention at police station after his arrest.

The Lagos State Government arraigned him alongside five accomplices.

His accomplices are Uche Amadi, Ogechi Uchechukwu, Okwuchukwu Nwachukwu, Chilaka Ifeanyi and Victor Aduba on a two-count charge of conspiracy and kidnapping.

Evans, Amadi and Nwachukwu pleaded guilty to the charges, while Uchechukwu, the only female defendant, Ifeanyi and Aduba pleaded not guilty to the charges.

They were brought to the court amidst tight security within and outside the court premises.

The trial judge, Oshodi ordered that all the male defendants be remanded at Kirikiri Maximum Prison while the female defendant, who pleaded not guilty be kept at the Kirikiri Female Prison.

The judge subsequently adjourned the matter to October 19, for review of facts for those who pleaded guilty and commencement of trial for those who claimed innocence.

This followed the prayers of the prosecution team led by Lagos State Attorney General and Commissioner for Justice, Mr. Adeniji Kazeem, for an adjournment.

Evans had raked in millions of dollars as ransoms paid to him by his victims’ families before his arrest on June 10, 2017, in one of his mansions at Magodo, Lagos State.

The notorious kidnapper had, through his counsel, Olukoya Ogungbeje, filed for the abuse of his fundamental human rights before a Lagos Division of the Federal High Court, contending that his continued detention since June 10 without charge amounts to an infringement on his fundamental human rights.

He argued that the respondents ought to have charged him to court in line with Sections 35 and 36 of the Constitution.

A 27-paragraph affidavit in support of the motion deposed to by Evans’ father, Stephen Onwuamadike, he averred that the applicant had been subjected to media trial.

The father had said the media trial and news orchestrated by the respondents continued to generate reactions in both print and electronic media without his son being afforded fair hearing and trial before a court of law.

Justice Abdulaziz Anka had adjourned till September 5 to hear arguments from Evan’s lawyer and police lawyers on why he should not deliver judgment on the fundamental rights application brought by Evans.

The charge against Evans and his accomplices reads in part: “That you, Chukwudumeme Onwuamadike (M), Uche Amadi (M), Ogechi Uchechukwu (F), Okwuchukwu Nwachukwu (M), Chilaka Ifeanyi (M) and Victor Chukunonso Aduba (M) are charged with the following offences; Conspiracy to Commit a Felony, to wit; kidnapping contrary to Section 411 Criminal Law CAP C17 Laws of Lagos State 2015.

“Chukwudumeme Onwuamadike (M), Uche Amadi (M), Ogechi Uchechukwu (F), Okwuchukwu Nwachukwu (M), Chilaka Ifeanyi (M) and Victor Chukwunonso Aduba (M) on the 14th February 2017 at about 7:45pm along Obokun Street, Ilupeju, Lagos, in the Ikeja Judicial Division conspired to commit a Felony to with kidnapping.

“Count 2: kidnapping contrary to Section 271(3) of the Criminal Law CAP C17 Laws of Lagos State 2015.

“Chukwudumeme Onwuamadike (M), Uche Amadi (M), Ogechi Uchechukwu (F), Okwuchukwu Nwachukwu (M), Chilaka Ifeanyi (M) and Victor Chukunonso Aduba (M) on the 14th February and 12th April 2017 along Obokun Street, Ilupeju, Lagos, in the Ikeja judicial Division while armed with guns and other weapons did capture, detain and collect a ransom of 223,000 Euros from one Dunu Donatus (M) for his release”.

By Chinyere Obia

Hon tackles Falana, insists chief judges have no power to free prison inmates

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A constitutional lawyer and author, Chief Sebastine Hon (SAN), has challenged Mr. Femi Falana (SAN) for saying chief judges are empowered to free prison inmates, insisting that chief judges, including the Chief Justice of Nigeria, have no constitutional powers to embark on prison amnesty.

Femi Falana
Femi Falana

Hon said such amnesties, including the power of the Attorneys-General to enter nolle prosequi, are deliberately left by the framers of the Constitution in the hands of politicians, to avoid the sacredness of the Judiciary being muddied or messed up with, by permitting Judicial officers, through administrative actions, to order the release of politically-exposed persons from criminal prosecution.

The Senior Advocate was responding to a statement credited to Falana, where he (Falana) stated in a rejoinder to his (Hon’s) earlier position that Chief Judges have powers to order release from prison detention.

He said: “I ordinarily would have kept quiet; but I think the good people of Nigeria need to know better. In other words, Mr. Falana’s reasons for taking that position are, with respect, not known to law. The position itself is completely wrong.

“In the first place, from his language, Mr. Falana has suggested that my press statement on the subject matter targeted the recent prison releases made by the respected Chief Judge of Lagos State. How wrong he is! Nearly all the State Chief Judges have at one time or the other undertaken this exercise. I do not entertain sentiments when interpreting the Nigerian Constitution.”

According to him, Falana, after admitting that he had relied on sections 35(4), 175 and 212 of the Constitution, further shockingly stated thus: “It is curious to note that in the press statement credited to Mr. Hon no reference was made to the relevant laws on the subject matter.”

“What, in his judgment, is more ‘relevant’ than the Constitution of Nigeria – the fons et origo (source) of all laws?” Hon queried.

The constitutional lawyer said Falana is the person who is running away from the Constitution and taking refuge under laws that are lower to the Constitution!

He insisted that it was wrong to say that state chief judges have never granted pardon to convicts or criminal suspects awaiting trial before.

His words: “Another shocking submission made by Mr. Falana is that since the Prisons Act, 2004 and the Criminal Justice (Release from Custody) (Special Provisions) Act fall under Item 8 of the Exclusive Legislative List of the Constitution, they are constitutional!

“I quote him: ‘Since prison is item 48 in the Exclusive Legislative List in the first schedule to the Constitution of the Federal Republic of Nigeria, 1999 as amended, it is undoubtedly clear that both the Prisons Act and the Criminal Justice (Release from Custody) Act cannot be said to be inconsistent or (sic) impugned on ground of inconsistency with the Constitution.’ This is my first time of hearing this constitutional theory! Listing of legislative items under the Legislative Lists is only intended to draw the line, in a federal setup like ours, between what the Federal Government on the one hand and the federating States on the other hand have competence to legislate on and is not a licence to enact unconstitutional legislation.

“The Constitution cannot under section 1(3) be providing that an Act or a law will be unconstitutional if it conflicts with the Constitution and at the same time, under the Legislative Lists, be saying the opposite of this. And before we forget, it was the same Mr. Falana, SAN, who a couple of weeks ago stated that the provisions of the EFCC Act which required confirmation by the Senate of the appointment of the EFCC Chairman, were unconstitutional. Was the EFCC Act not made pursuant to the powers granted by the Constitution in the Legislative List?”

Hon maintained that section 35(4) of the 1999 Constitution has covered the field on what should be done to any person accused of an offence; and there is no room for any administrative action by the Judiciary.

Only judicial actions, he said, can lead to the release of detained persons, hence any administrative action, apart from the one in sections 175n and 212 will be directly in conflict with the said section 35(4).

“Finally, if Chief Judges are permitted to release persons from custody, what is the legal implication of that action? Do the detainees get the reprieve of pardon that only the President or the Governor can grant? No! They are merely released, while the charges against them are pending!

“What then happens to those charges, judging from our Constitution or even the Acts cited by Mr. Falana, SAN? Nothing! But if the President or a Governor grants pardon, section 36(10) of the Constitution comes in handy to erase the conviction or even accusation in view of the phrase ‘concerned with an offence in sections 175 and 212,” he stressed.

By Chinyere Obia

Governor Sani Bello to deliver News Express 5th Anniversary Lecture

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Governor Abubakar Sani Bello of Niger State will deliver the News Express 5th Anniversary Lecture on Thursday, September 28, 2017, the newspaper’s Management said on Thursday, August 30, 2017 in Lagos.

Alhaji-Abubakar-Sani-Bello
Alhaji Abubakar Sani Bello, Governor of Niger State

News Express Publisher, Isaac Umunna, said that Governor Bello would speak on “National Unity and the Demand for Restructuring – A Governor’s Perspective.”

“We are delighted to have His Excellency, Governor Abubakar Sani Bello, deliver the News Express 5th Anniversary Lecture. Perhaps no issue is engaging the attention of Nigerians at the moment more than national unity and restructuring.

“We have chosen the right man to speak on this crucial issue at this moment of heightening agitations across the country. His Excellency, Governor Sani Bello, is a distinguished newbreed Nigerian leader whose state, Niger, has over the decades played a very significant role in promoting national unity. We are sure that he will bring fresh and interesting perspectives to the issue on the lecture day,” Umunna said in a statement.

He added that the lecture would hold in Lagos at a venue soon to be made public, and would be graced by a galaxy of personalities whose identities would be unveiled in due course.

News Express, which debuted on August 29, 2012, is one of Nigeria’s most popular and influential online dailies. It is read by hundreds of thousands of people around the world and records annual traffic of upwards of 100 million.

World Water Week: GCF launches climate gender manual

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The Green Climate Fund (GCF) appears to be helping to level the playing field of climate action with the launch on Tuesday, August 29, 2017 of its first gender guide to climate finance.

GCF
Executive Director of the Green Climate Fund (GCF), Howard Bamsey, and Swedish Minister for International Development Cooperation and Climate, Isabella Lövin, launch the Fund’s first gender guide to climate finance

GCF Executive Director Howard Bamsey and Swedish Minister for International Development Cooperation and Climate Isabella Lövin (who is also the country’s Deputy Prime Minister) unveiled the gender manual during World Water Week, currently being held in Stockholm, Sweden.

“Mainstreaming Gender in Green Climate Fund Projects,” developed with UN Women, guides GCF partners on how to include women, girls, men and boys from socially excluded and vulnerable communities in all aspects of climate finance.

Minister Lövin said it is natural for Sweden, as home to the world’s first feminist government, to consider gender equality as a priority in all decision making and resource allocation.

“Gender equality is part of the solution to society’s challenges such as climate change,” she said. “It is thus of utmost importance that the GCF integrates a gender perspective into all its activities, something this manual will help to achieve.”

Mr Bamsey said the manual is a logical step stemming from the central place of gender consideration in GCF’s operations since the United Nations Framework Convention on Climate Change (UNFCCC) set up the Fund in 2010.

“The release of the manual comes at a key juncture as GCF ramps up its implementation of climate finance projects,” said Mr Bamsey. “It will help ensure gender consideration lies at the heart of all GCF-supported initiatives.”

Climate change is one of a range of topics being addressed at World Water Week, where more than 3,000 participants from a variety of different fields are currently gathered.

There is a clear link between water and climate change-gender issues, Oyun Sanjaasuren, Chair of Global Water Partnership (GWP), said on the sidelines of the event.

“Water and climate-related disasters are intricately linked, especially floods and droughts,” said Ms Oyun, a former Mongolian Member of Parliament who is currently President of the United Nations Environment Assembly.

“For example, women often have less access to water supply for irrigation, which in the current context of increasing droughts, constitutes a real threat to their food security,” she said.

Ms Oyun stressed climate action needs to consider gender equality as women and girls are disadvantaged in a range of areas including water and sanitation issues, food security, health and migration.

“So when it comes to climate breakdown, what is an already bad situation becomes worse for those at most risk,” she added.

World Water Week: Sanitation goals need major push, says Thomson

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Encouraging global action to support clean water and sanitation, United Nations General Assembly President, Peter Thomson, on Monday, August 28, 2017 underscored that when it comes to the environment, everything is connected.

Peter Thomson
United Nations General Assembly President, Peter Thomson, addressing the 2017 World Water Week in Stockholm, Sweden

“None should imagine that the state of sanitation and coral reefs are anything but directly connected,” Mr. Thomson said, delivering the keynote address at special event in Stockholm to start the World Water Week. “It makes no sense to consider terrestrial environmental issues, fresh water challenges or climate change in isolation.”

He urged the international community to take an “inclusive, integrated approach,” and put to use all skills, idea and energies.

Water and sanitation are among the 17 Sustainable Development Goals (SDGs) which were adopted by the 193 Members of the UN in September 2015, and which are guiding the work of the development efforts of the international community through 2030.

Combined with the Paris Agreement on lowering the impact of climate change, the SDGsrepresent “the best chance our species has to achieve a sustainable way of life on Planet Earth before it is too late,” Mr. Thomson said.

He commended World Water Week for bringing together more than 3,000 participants from nearly the entire world. The 2017 edition of the week will address the theme ‘Water and waste: reduce and reuse.”

Experts, practitioners, decision-makers, business innovators and young professionals from a range of sectors and countries come to Stockholm to network, exchange ideas, foster new thinking and develop solutions to the most pressing water-related challenges of today.

In his address, Mr. Thomson noted that The Ocean Conference, which, held in New York in June, was meant to raise attention and start working on stopping marine pollution – mainly plastics – ocean acidification, ocean warming, overfishing, damage to biodiversity and ecosystems, and strengthen governance on these issues.

The Conference resulted in a political declaration, partnerships dialogues and nearly 1,400 voluntary commitments to help overcome these issues.

“North and south east and west, the ocean unites us and we have to bring humanity back into a relationship of balance and respect with the water: that great reservoir of H20 which is of course shared by clouds into the rivers and lakes that give us the fresh water that we drink,” Mr. Thomson said.

He said The Ocean Conference gave a boost to a global movement to deliver on SDG14, or the so called Ocean Goal, and similarly, it is time to push for world action on SDG 6, related to water and sanitation.

SDG6, the water and sanitation Goal, is in need of a major push. The time is right, thus I encourage you all to join together to develop concerted global action to deliver on the targets of (that Goal),” Mr. Thomson said.

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