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February 22, 2017

INTRODUCTION TO THE IMO STATE AUTONOMOUS COMMUNITY COUNCIL ADMINISTRATION

LAW OF 2012 WITH ANNOTATIONS PART III: COMPOSITION OF AUTONOMOUS COMMUNITY GOVERNING COUNCIL AND ELECTION.   5.Every Autonomous Community Council shall consist of- (a) the chairman (Eze of the Autonomous Community): (b) the Secretary (Head of Town Union): (b) the Woman Leader (d) the youth Leader; and (e) the Community Liaison Officer (CLO)   COMMENT:   S.5. Deals with the composition of the Autonomous Community Government Council which provides for the Chairman, the secretary, the woman leader, the youth leader and the Community liaison officer as members of the Community Council. The composition of the council is seemly fixed. This…

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INTRODUCTION TO THE IMO STATE AUTONOMOUS COMMUNITY COUNCIL ADMINISTRATION LAW OF 2012 WITH ANNOTATIONS 2012, LAW NO. 1

  ENERAL PROVISIONS A Law to provide for the establishment, Structure, composition, finance, functions and administration of Autonomous communities in the local Government Areas of Imo State. BE IT ENACTED by the House of Assembly of Imo State of Nigeria as follows:   PART 1 – PRELIMINARIES 1.This law may be cited as the Imo State Autonomous Community Councils Administration Law No. 1 of 2012.   COMMENT: This section provides the citations by which the law is known. It was one of the laws made in the early life of the administration of Governor Anayo Okorocha. This Law is the…

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About job cuts and employment scams

Our anger matches our Judgment. There is no doubt that there is a deepening despair in the land over the seemly lull in governance, and execution of government  projects  leading to liquidity squeeze in the backdrop of the electoral promises of Job! Job!! Job!! Factory!!Factory!!!Employment! Employment!! Employment!!! These familiar sound bites now sound increasingly like a cracked record and very annoying to some people especially those persons in need of jobs. There are no indicators months after reelection of the governor that the government would lift employment embargo but relatives and in-laws of government officials are smiling behind new desks….

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The Freedom Of Expression, Internet Content Restrictions, Jurisdiction, Law And Politics (1)

You are welcome to an argument in which perhaps your views are likely to be ignored or irrelevant unless it agrees with what I h ave to say; that the freedom of expression is an inalienable constitutional right that no law can take away without adverse consequences to society. In recent times, the local media was on fire with the news of a law in the pipeline by the National Assembly to restrict internet content and punishing offenders for purported infringements. No doubt we are fast approaching an era of criminal libel to protect the best wishes of elected and…

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Ochiedike And IMSU: The Unfolding Humanitarian Crisis For Kidney Patients

There are primarily two facilities that offer diagnosis and treatment for Kidney related problems owned by the Imo state government. One is the Imo state teaching hospital at Orlu and the other, the Ochie Dike Centre at Owerri. I am not aware of any such similar facility in Okigwe but there should be  one sooner than later  given the extreme fatigue faced by Kidney patients in long distant exertions or mere walking: The state has to build expansive institutions of compassion in the relentless match of progress in the spirit of parity. The Ochie Dike dialysis centre established by the…

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The reforms of the Judiciary and Administration of Justice in Imo State (3)

In a case, Okonkwo, the Diokpara lived to the ripe age of 70, a very wealthy man but predeceased his father after building a mansion in the Isiobi. The father died a year later. The Osoge Okpara, one Chief Francis, thereafter laid claim to the Isiobi and took over the mansion with his own family and banished Okonkwo’s wife and teenage children to the boys quarter built by their father. This case has never gone to court in spite of the great opportunities of success under the repugnancy rules and public policy. But where a court is faced by these…

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The reforms of the Judiciary and Administration of Justice In Imo State (2)

In particular, our customary laws need to be reviewed to check the observances of rules that are archaic and in contraventions of the repugnancy rules and the strictures of the constitution. By this time, it is anticipated that some of our  customary rules that have been determined as repugnant to natural justice, equity and good conscience should have been specifically and statutorily abolished with the courts denied the jurisdictions to entertain the enforcement of such rules. But this is not the case. Daily, in our courts, customary courts are expending resources trying matters advocating repugnant rules which have no redeemable…

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The reforms of the Judiciary and Administration of Justice In Imo State

  The integral Universal picture of Justice is one of a woman blindfolded and welding a menacing sword. This scary image has given rise in me genuine apprehensions about the appropriate uses of the sword in evolving situations. How does Justice guide itself blindfolded? In my view, justice would have been better served with eyes wide open. But I am told that being blindfolded means that Justice is fair and acts without fear and favour. In Imo State like elsewhere in the world, Justice is also blind; blind to the suffering and anguish of litigants pauperized by extensive judicial processes,…

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THE BAR AND THE BENCH UNDER SCRUTINY (3)

  In accordance with the strictures of the constitution, the appointment of State High Court Chief Judges are in the hands of governors at the recommendation of the NJC subject to the confirmation by the State House of Assembly. The constitution provides generally that a person shall not be qualified to hold the office of head of the respective courts unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for at least ten years for a high court In the NJC Guidelines and Procedural Rules for the Appointment Judicial Officers of All…

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THE BAR AND THE BENCH UNDER SCRUTINY (2)

  This is more so with Banks which have been known to charge their customers for legal services that they are not competent to provide. This raises the issue of touting in the profession and mostly by non lawyers which accounts for the falling standards and poverty of the profession. In many land registries, non lawyers and employees of governments insist on rewriting deeds prepared by lawyers in their own forms when they are presented for registration. Perhaps, this is why the new NBA stamps provided for sealing, franking and validation of legal documents, deeds, pleadings, transactions   in a frenzy…

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THE BAR AND THE BENCH UNDER SCRUTINY

  “The law cannot make your enemy to love you but it can keep him from lynching you” Late Amaechi Nwaiwu SAN. The legal profession is in a state of flux since the invigoration of democracy in the last two decades inspite of the economic hardship, emasculating diseconomy and climate of social injustice in Nigeria. The legal profession has continued to strive and make remarkable leap forward but the anticipated progress towards a more generalized systemic social justice and public confidence in the administration of justice remains seemly an illusion to be pursued but never attained in so far as…

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Religious Disarmament and the Deluge of Evil (2)

  We can blame it on the governments, corruption  and bad politicians. The degradation of our ethical infrastructures like the events in the international scene exemplifies the rot of society. Nigeria is not better than gay America by the same ethical standards in view of our alarming ethical rot. I am not against gays as I believe that what two consenting adults do in the privacy of their home is their business but an open demand for the legalization of unnatural sex is repugnant to our good conscience and culture. This is what America wants and I cannot help but…

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Religious disarmament and the deluge of evil

  The world we live in is changing at alarming speed and we are all frightened and breathless trying to catch up with the trends. In South Africa, Adultery has been legalized, farther in Asia, Japan has decreed that Adultery is legal if it is done in furtherance of a business interest whilst in Germany, Incest has become legalized and siblings can now have sex and children together. In America, gay marriage has been legalized; meaning that same sex can live together as husbands and wives in a legal union recognized by the state. What is clear under these circumstances,…

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Why The Imo State Government Must Reform The Igbo Customary Law As Applicable In Imo State

  The need to reform the Igbo customary law has become obligatory by assent of our people who are crying out for the abolition of some archaic and pagan practices in Igbo land. It is however heart warming that some of our widowhood practices are dying out but the discrimination against the girl child in respect of inheritance rights in the absence of a male issue remains in practice all over Igbo land. Thus where a man has three girls as children without any male issue, it is often the practice to ignore their existence as if they amount to…

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THE DEFENCE OF ALIBI

  It is not possible for anyone to be in more than one place at a time. Sometimes when a crime is committed, the police go after the usual suspects who are subjected to interrogations to find out their whereabouts at the material time of the commission of the crime. Thus Mr. X may make a statement to the police that he was not at the scene of the crime in Akwakuma Owerri but was rather in Orlu all day through. The police under such circumstance are bound to investigate the claim by X as to his whereabouts. A failure…

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THE DEFENCE OF INSANITY

  Everyone’s mental health at one time or the other is questioned, I suspect, as no one has a perfect mental health. Even moments of depression and illness can be very revealing. Your mental health can be affected by cerebral malaria which can put you in a state of delirium in which a physical violence or crime may be committed. Alcohol can make one lose control of one’s capacity to control his action whilst debilitating senility can rob one of the mental capacity to make a will. Even Margaret Thatcher died  fighting dementia even though she was the prime minster…

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The Defense of provocation

  In 2007, Adebayo whilst standing on a crowded Bus in Lagos felt a man leaning close to him and breathing down his neck but endured the discomfort until the Bus stopped at Surulere by which time the deceased made a gay solicitation. Ade enraged beat him into Coma. The man died three days later. Ade was charged for murder. He pleaded provocation. In another development, Joy a housewife was routinely beaten by her husband each time the mother of three had an argument with the self-employed welder husband, Ikengwuruka. On one of such occasions, she waited till the husband…

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SELF DEFENCE: The guiding principles of self- defence are “necessity and proportion.”

  Criminal law is one of the most interesting branches of the law. The law that prohibits murder also creates the exceptions, when it is justified to kill. Thus it is quite legal to kill someone in carrying out a sentence of a competent court or perhaps in self defence. In subsequent edition of law and society we shall be looking at crimes, defences and punishment under our criminal legislations. But I must warn you that the door to what amounts to a crime is never closed. A government may wake up tomorrow and make the collection of rainwater a…

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THE 2015 NIGERIA GENERAL ELECTIONS: TRIBUTES AND REFLECTIONS

  “Courage is what it takes to stand up and speak, Courage is also what it takes to sit down and listen.” – Sir Winston Churchill The Chinese have a saying which envisions a desire to live in interesting times. Indeed the 2015 general election is very interesting and speaks volumes of the Nigerian peoples and how much they despise each other and still want to live together! It also reveals to a remarkable degree how much the Igbophobia in Nigeria has become a multi-ethnic policy adopted in Nigeria in the backdrop of the Igbo apparent marginalization. The repeated slaughter…

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THE CHOICE OF APC OR PDP AND GOOD GOVERNANCE

  “I am not bound to win, but I am bound to be true. I am not bound to succeed, but I am bound to live by the light that I have. I must stand with anybody that stands right, and stand with him while he is right, and part with him when he goes wrong.” –  Abraham Lincoln The Governorship elections have been conducted in all the states of the federation .Now we are having victory dances and intolerant intimidation of the losers and perhaps, political polarizations. It is however sad that the paramount interests of the electorate and…

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