A trade union is defined in section 1 of the Trade Union Act as a combination of workers or employers, whether temporary or permanent, the purpose of which is to regulate the terms and conditions of employment, whether the combination in question would or would not, apart from the Act be an unlawful combination by reason of any of its purposes being in restraint of trade and whether its purposes do or do not include the provision of benefits for its members.

From the definition given above, two prominent features can be identified. They are:

1. A combination of workers or employers

2. The purpose of such combination

These are the basic guides in ascertaining whether a union is a trade union or an ordinary association of persons.

THE COMBINATION

A trade union may be a combination of either workers or employers. Workers in this context must be workers in the eye of the law. In other words, there must be a master/servant relationship in place.

THE PURPOSE OF THE COMBINATION

The main purpose for which a trade union is to be formed must be to regulate the terms and conditions of employment. Therefore, if an association is formed for other purposes, then it is not a trade union. However, if the main purpose for the formation of the association is the regulation of terms of employment coupled with other subsidiary purposes, it is still a trade union. A trade union can therefore have other purposes other than its main purpose.

Workers have freedom to form, join and to belong to any trade union. It is part of their fundamental right of freedom of association. Any contract which limits the right of a worker to belong to a trade union is void and of no effect.

However, the law does place some prohibitions on some persons from belonging to a trade union. These include:

a. Persons under the age of 16 years

b. Certain public servants, including the following:

i. Members of the Nigerian Army

ii. Members of the Nigerian police

iii. Workers at the Central Bank

iv. Every other employee that bears arms.

The phrase “no liability without fault” simply means that nobody should be convicted of an offence, unless some measure of subjective fault or blameworthiness can be attributed to him.

All legal jurisdictions have come to accept the simple moral idea that no one should be convicted of an offence, unless it is shown that he is blameworthy. To this extent, most offences are defined in terms of ingredients of intention, knowledge or awareness, while necessary defences are provided for those who cannot be said to be at fault or blameworthy. The question now is does the principle of no liability without fault exist in Nigerian criminal law?

Experts on Nigerian criminal law agree that such principle exist and its existence is traceable to two main sources namely:

1. English law; and

2. Section 24 of the Criminal Code

Under English law, the principle that nobody should be liable without fault is referred generally as the mens rea. The doctrine of Mens rea is a general principle of statutory interpretation which runs through the English law. Under the doctrine, there is a presumption that mens rea or intention or knowledge of the wrongfulness of the act is an essential ingredient in every offence.

However, such presumption is rebuttable by the express provisions of the law creating a particular offence. The essence of the doctrine was captured in the case of Sweet V. Parsley (1970) AC, 122, where it was stated per Lord Reid, “in such cases, there has for centuries been a presumption that parliament did not intend to make criminal of persons who were in no way blameworthy in what they did. That means that whenever a section is silent as to mens rea, there is a presumption that in order to give effect to the will of parliament, we must read in words appropriate to require mens rea”.

Thus, the doctrine requires that whenever a statute creating an offence is silent on mens rea or due to ambiguity in drafting, it is not certain as to the mental state of mind required to be proved by the prosecution, there is a presumption that mens rea is required. This presumption was relied upon in the case of Clegg V. COP (1949) 12 WACA, 479.

Under the English law, the scope of the doctrine of mens rea is dependent on whether the particular offence is a common law offence or statutory offence. At common law, the presumption of mens rea is irrebuttable and applicable to all offences, except the crime of nuisance.

On the other hand, in the case of statutory offences, the presumption is rebuttable on proof that the law creating that offence expressly excludes it.

However, these distinctions are of no practical importance in Nigeria since there are no common law offences in Nigeria.

Democracy has been hacked. Different countries all over the world have redefined democracy to suit their own desires,the leaders of some countries that once dwelled in years of tyranny and military dominion has fine tuned their practice by adding a little flavour of democracy to whatsoever they practice and believe in…..all over the world,both physical beings and spiritual entities recognize democracy as the best type,kind and class of government where sovereignty belongs to the people and not an individual presiding or piloting the affairs of the nation. The hackers of democracy are of the african origin,they borrowed Democracy without guarantee to pay for it,due to years of military dominance,they were given democracy for gratis,in their acceptance they rejected the true attributes of democracy and added their own attributes…..they hacked democracy. A case study is Nigeria,a nation that has been in the spirit platform of democracy for 12 years,a nation that have hacked democracy to fit in with their many years of military regime,it was designed by the military and an army General became the first president in 1999. Since then Nigeria have seen civilians commanding the armed forces in the name of being the president,thereby making democracy every expensive and its dividends out of the reach of Nigerians. Democracy has been enslaved in Africa. Our leaders are hackers of democracy,but someday democracy will gain independence and then africans will see the beautiful dividends of democracy where the rule of law will be paramount and where no single entity of government parastatal shall be above the law,and a democracy where sovereignty truly belongs to the people. Until then may we stand up and fight these hackers of democracy that have infiltrated our fatherland without the consideration of the nemesis of their evil deeds…..they want to gain powers beyond powers,I call them political emperors. In Nigeria,there so many political Emperors who are even above the government hence they call them the god fathers.

Unachukwu (1989) defines education as: “The process by which individuals are assisted, formally or informally through proper direction and finance, to develop their capacities for their own benefit and that of society”. In the words of Jeffery 1946 he says education is the direct means by which a people seeks to share in its own destiny and to transform itself from what will therefore be determined by the deepest feelings of a people about itself and about its future.

From the foregoing therefore, it seen generally that the problem of education usually begins with the realization that the individual (learner) does not possess the skills and abilities which the society wishes him to have. Robert (1977) in this regards observed that: “The necessity for equipping each individual for some occupation is a fact that even the most primitive society had realized”. Therefore the education in question is not quantitative but qualitative. This is well articulated by Plato, who attested to the veracity of education thus:

                        Any human being, who enjoys a right education and a

                        happy endowment, becomes the most refined and civilized

                        (person); but he is the most savage of the product of the

                        earth if he is not educated or is inadequately and

                        improperly trained.

A truly educated person exhibits poise, self control and culture because he applied wisely the eternal standards to specific situations of which he is a master. If education in Nigeria must make a difference, adequate attention must be paid to reason. For with reason, comes understanding which in many instances bear moral traits or determination of such dispositions as attitudes, integrity and courage. According to Elliot, such traits may be associated with the imperatives which constitute intellectual conscience. But understanding which necessarily involves the exercise of physical powers is not solely an intellectual phenomenon but a composite of desire order to give experience logical structures and forms.

In fact, Jacques Maritain sums up the aim of liberal education as follows:

                        The aim of education…is to guide a man in evolving

                        dynamism through which he shapes himself as a human

                        person-aimed with knowledge, strength of judgement, and

                        moral virtue…while at the same time conveying to him the

                        spiritual heritage of the nation and the civilization in which

                        he is involved and preserving in this way the century old

                        achievement of generations.

                        The utilitarian aspect of education which enables the youth

                        to get a job and make a living…must surely not be

                        disregarded, for the children of men are not made for

 aristocratic leisure. But this practical aim is best provided

by the general human capacities developed and the ulterior

specialized training which may be required must never

imperil the essential aim of education.

Every country has its problem one way or the other as there is no state without problem. As for Nigeria, its problem is enormous especially that of education. What will you do when you are not informed? How will you be informed if you are not educated?  Whitehead 1968 has it that “The essence of every education is a habitual vision of greatness”. If elevation and growth is what education is all about, it will be illusive to say that Nigeria as it is now has little or nothing to offer in this direction. To me I think “it is not everything that is taught that is education, but what you are left with and able to offer after all you have learnt is forgotten is the education acquired”.

Looking at it critically, one will be quick to ask, what is it that students are taught in schools at all levels. It is evident that there is virtually no year that strike will not hold in Nigeria. The why, you and I know it. During this period of strike, what happened? People abandon their duty posts at the peril of the recipients the students under the guise of strike. But what happens after the strike? Are the lost grounds covered by the lecturers and teachers? Who is at the receiving end? The striking workers are they not paid their money for the period they were out of job? Their demands are they not meant? Are the students considered at all? What is their stake? The areas not taught are questions not drawn from there? What is the essence of the strike? Is it in favour of the students as generally opined by the striking workers or workers?

It is rather sad to say that immediately the strike action is called off or suspended as they say, instead of lecturing the students the things expected from them, they will rush the students and ask them to read up everything on their own. Whether they understand it or not has nothing to do with them. Their primary concern is to make sure that they complete the semester’s work or term’s work as the case may be. Whether it is thorough or not has nothing to do with them. For how long will this continue? Do we need to pretend that we don’t know that this is having serious adverse effects on our educational system?

If after your period of education and the task expected from you to perform, cannot be done by you. Will you say you are educated? Will you say the maxim of education which is one on one is achieved? Is education not planned and programmed? How do you expect to harvest what you did not plant? What should we do to avoid constant recurrence of this evil in our educational system?

Though the striking workers have good intention, but how many of them are really competent enough to meet up with the challenges of the task? Imagine a situation where a teacher cannot speak good English language! What do you expect from such a teacher? Get me right, I am not saying that there are no good and competent teachers, but what I mean is that of the quack among them.

When Prof. Soludo said that Nigeria’s graduates are unemployable many people felt so bad as if what he said was wrong. Years after, events have proved him right. What a disaster we cause to ourselves when we add to what is already on ground? Is this the best that we can afford? During the early sixties, Nigeria’s educational system was ranked among the best in the world then. But years after, it is on the decline. What has gone wrong and what should we do?

Now that the autonomy and most of the requests of ASSU are granted, are we sure there will be no strike again? Will this translate into proactive means instead of the previous reactive conduct? By this agreement, will our university now be among the top three in Africa and twenty in the world? The strike will be useless and meaningless if our universities and secondary schools still remain as they were. Then, it will be a total failure.

The facilities and infrastructures opted for do hope will now be provided by the authorities. To be frank, what do you expect from a child who is taught practical without seeing the equipment? I remembered my days in the University when we were taught Introduction to Computer without seeing anything like computer. Quite astonishing to hear that about forty computers was stolen from the school. The question, most of us, asked then, was where, were these computers, when they were teaching us without any. Like it was then, so also, it is now in our schools. Children are taught without seeing and knowing what they are taught. How do you expect such a child to perform? There is the urgent need for the reevaluation of our education and provision of practical materials for both the lecturers and the students.

Finally, both the teachers and lecturers must be properly educated so as to be able to give the students the requisite knowledge needed. You give only what you have. Inept teacher or lecturer gives inept lesson. The idea of strike should be totally ruled out as it does not help development but dirk progress. Dialogue should be the means employed at all times to reconcile their differences. Needed materials should be provided and the school library and laboratories should be fully equipped with materials. More of practical work should be done in courses that are practical oriented. The full implementation of the 6334 system of education will foster the needed development if adhered to.

The African uses his stories, to teach, tell of the exploits of the elders and draws a moral in every story so the listener can learn some basic lesson of life from it. As civilization caught up with us we have gradually lost a lot of this art of using stories to effect behavioural change that will move the society forward

This concept is utilized effectively these days in what is loosely called intervention drama. These are drama usually created as teaching pieces by writers using the format of the African story style. It is most times referred to as enter-educate drama. What are the steps in writing a good enter-educate drama?

The concept of the intervention is the first thing we consider. We like stories a lot evident in the popularity and patronage of Nollywood.  However, this concept of using drama has been with us for a long time and can be traced first to the stage dramas of the father of Nigeria theatre, the late chief Hubert Ogunde with his political satires and songs. In the early sixties, this genre of suing dram as a vehicle of change came on television through the widely popular “Village Headmaster’ the concept was simple and effective, A simple village setting in which the village headmaster as apparently the most educated by western standards, was the vehicle used to pass messages to the viewers about the benefits of government programmes or policies

It helped in the moulding of the societal concept of governance then. We had the people’s court in Hausa known simply as “Magana gari ce’ (meaning the issues of the town or community) there was also the comedy of ‘Masquerade’ in which comedy was used to entertain as well as educate.

In the late nineties, International agencies came to the country to partner with the government on various issues to help the economy and society grow. These agencies particularly the United Nations explored the advantages of these form of dramatic art. In a society where values systems needed to be reinforced, restated, or defined, this form of drama as a vehicle became very useful. It helped to pass various messages with a view to sensitizing and bring awareness of issues like population, contraceptive, HIV/AIDS and taboo subjects like sexuality education. When the country returned to civil democracy, television and radio dramas became vehicles that helped educate the populace on the essentials of citizen’s right and good governance.

Basically, the Nigerian parent finds it difficult to discuss sexuality issues with their children since in the African concept such subjects were usually regarded as taboos. There was also the tendency to view such open discussion with suspicion, so creating small drama pieces became a useful tool

However as HIV virus became a veritable threat to the future generations of an emerging economy, it became imperative that the vulnerable ones, the young ones had to be shown strategies to negotiating different realities in relationships. Thus drama became an effective tool for the television screens.UNFPA supported and sponsored the series “I NEED TO KNOW” which became so well received that another international agency joined in the support for the second year and even had it adapted for radio.

The rationale for intervention drama on radio and /or television was easy, the dramas tended to draw from the rich culture of the people making it acceptable. It had a simplicity of plot and honest believable characters that viewers and listeners could readily relate to and usually was transmitted in easily comprehensible local languages. it had visual immediacy and was glamorous for most homes as quite a number of families could spend quality time together watching these soaps.

It afforded the opportunity to bond with their favourite stars and accept the message. The themes employed in these series were usually positive themes that encouraged the viewer to see the rationale of changing their behavior or concept. The drama series also tackled known myths and superstitious about the issues at hand.

Nigeria: How Far Can New Police Boss Go?

By Abdulrazaq Magaji,

Abuja, Nigeria.

If the public goodwill that followed his appointment is anything to go by, then Muhammad Dikko Abubakar, the sixteenth indigenous officer to head the Nigerian Police who was appointed to the post late last month should have a crisis free tenure. Since his elevation to replace Hafiz Ringim, M.D Abubakar has been described as the new face expected of a Force that had its image badly damaged in recent years. The command posts he headed prior to his elevation to acting IGP is expected to stand him in good stead. How he succeeds in clearing the rot in the Force, restore public confidence in the Force and assure Nigerians the days of Boko Haram insurgents are numbered remains to be seen.

But even as encomiums continue to go his way, the acting IGP is assuming office with a major albatross. As Plateau state Commissioner of Police, he was indicted by the Justice Niki Tobi Commission set up by the Joshua Dariye led administration to investigate the 2001 crisis in Jos. The report did not only indict Abubakar; it also recommended that he should be sacked if he failed to resign from the Force. Though the then civilian administration was accused of being bias, the appointment of Justice Niki Tobi to head the Commission lent some credence to the Commission. It is not clear how the outcome of the report influenced President Goodluck Jonathan in announcing Abubakar to the post.

Besides, there are Nigerians who believe that his academic background may work against him in a Force that has better educated officers in its midst. Like his predecessor, the highest educational qualification of the acting IGP is a diploma. Indeed, the elevation of officers with low educational qualifications has been given as one of the problems bedeviling the Nigerian Police. Said a senior police officer with such views: ‘It is either the man at the top with lower qualifications refusing to deal with better educated officers or the better educated officers refusing to support the man at the top. It remains to be seen how he (Abubakar) will get the support and cooperation of officers with doctorate and masters degrees in the Force.’

Born May 5, 1958 in Gusau, Zamfara state, MD Abubakar joined the police force in 1979. He obtained Advance Diploma in Public Administration from Sokoto State Polytechnic in 1993 and Diploma in Criminal Justice Administration from the University of Lagos two years later. He also obtained a Diploma in Disaster Management and Control from Israel. Aside these, the acting IGP attended the General Detective Security Course of the Metropolitan Police, West London, England 1982; Police Mobile Training in Malaysia, 1983; Police Mobile Training in Gwoza, in Borno state in 1983; and General Security and Intelligence Course at the Police Academy in Cairo, Egypt, 1986.

Other courses included Basic Intelligence Course at Military School Badagry, Lagos, 1987; General Security and Terrorism Control course at the Federal Investigation Bureau( FBI) in USA, 1988-1989, International Security Course number 9 at University of Surrey, England, 1991; Intermediate Command Course at Police Staff College Jos, 1991; Senior Command Course at the Police Staff College Jos, 1995; General Security and Intelligence Course at the Israel, Command Force, Israel, 1996 as well as Disaster Management Course at Haifa Israel in 1996.

Between 1991 and 1993, he served as Assistant Commissioner of police, ACP, in charge of Criminal Investigation Department, CID, of the Sokoto State Police Command before he took charge of Federal Operations, Force Headquarters Abuja in late 1993. He was ACP Murtala Mohammed International Airport , Ikeja, 1993-1995; Deputy Commissioner in charge of Airport Police Command, Murtala Mohammed International Airport, Ikeja, Lagos 1993 -1995; and Deputy Commissioner, Lagos State Police Command between 1998 and 2000. Abubakar  was also Commissioner of Police, Plateau State, 2000 -2001, Abia State 2001-2002, Kwara State 2002 -2005, Kano State 2006 – 2007, Airport Command, Murtala Mohammed International Airport Ikeja 2007, and Lagos State 2008. He was appointed as Assistant Inspector General of Police and posted to Zone 2 Command Headquarters, Onikan, Lagos State where he served between 2008 and 2010. He also worked as AIG Zone 5 Command Headquarters, Benin City between 2010 and 2011; AIG Zone 6 Command Headquarters, Calabar 2011 and AIG Zone 12 Command Headquarters, Bauchi from November 2011 until his appointment as the acting IGP yesterday.

Between Louis Edet and M.D Abubakar, Nigeria has had sixteen indigenous IGP’s in the fifty two years since she became independent. They are Edet, Kam Salem, Mohammed Dikko Yusuf, Suleman Adamu, Sunday Adewusu, Etim Iyang and Mohammed Gambo. Others are Aliyu Attah, Ibrahim Coomassie, Musliu Smith, Tafa Balogun, Sunday Ehindero, Mike Okiro, Ogbonna Onovo and Hafiz Abubakar Ringim and Abubakar.

Abdulrazaq Magaji, journalist and writer, is based in Abuja, Nigeria.

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MAIDUGURI, Nigeria – Authorities say at least four people have been killed in two attacks on outside beer gardens in Nigeria.

Adamawa police commissioner Ade Shinaba said Saturday that one attack occurred Friday night near Yola, with two customers being killed and one police officer getting wounded.

The other attack happened Friday night in the outskirts of Gombe, the state capital of Gombe state. There, witnesses said at least two people died and others were wounded. Local police confirmed the attack happened, but declined to give other details.

The attacks come amid an increasing sectarian wave of violence by the radical Islamist sect known as Boko Haram. Authorities said they had no suspects and made now arrests over the Friday night attacks.

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On Monday, we discussed the Foundation of all Peace which we find out to be Jesus Christ, the author and Prince of Peace. Yesterday, we discuss Peace with God which basically is repentance and having a good relationship with God. Today we are looking at Peace of God. What is Peace of God? Peace of God according to Charles Spurgeon is “Peace of conscience, actual peace with the Most High through the atoning Sacrifice.” Personally, I will define Peace of God as the state of calmness of the inner man. When one has the peace of God, even in the midst of troubles of life, you see the radiation of joy in that life. Peace comes in different ways. These may be through absence of war, treaty, through harmonious relationship, etc. Of all these, the peace of God is the only absolute peace we can get.

In our present world, we see problems here and there. Nations are failing, economies are crashing, and countries that once enjoyed peace are now having wars. Family members are fighting one another, homes are tearing apart and relationship breaking. The Church is also having its own fair share of the problems; brethren now fight fellow brethren. There is no peace in the world. However, God does not leave us unattended to (Isaiah 2:4). This Isaiah 2:4 is the slogan of United Nations. One of the aims of United Nations is world peace. From what is happening it is obvious that United Nations has failed.

He is that Isa 2:4 is the Lord Himself, the Prince of Peace. He is the source of true peace. The kind of peace He promised is not the kind United Nations and other nations, tribes and people try to achieve. He said “Peace I leave with you, My peace I give to you; not as the world gives do I give to you. Let not your heart be troubled, neither let it be afraid” – John 14:27. Again in John 16:33, He said, “These things I have spoken to you, that in Me you may have peace. In the world you will have tribulation; but be of good cheer, I have overcome the world.”

Our nation today is in danger: Boko Haram, Fuel Subsidy Removal with its attendant problems of high prices of transportation, goods and services, strike, protest, and presently Biafran Liberation Council and their ultimatum to Northerners to leave South. In all these, I laugh as Olusegun Obansanjo the former president of Nigeria use to say. Why are these things confronting us? It is because we have actually failed in our responsibilities as a government and a church. Our government is a product of our society and the church. We produced those corrupt men and women. I want to say that the present government of Goodluck Ebele Jonathan is ordained by God. When we have suffered, we may learn a lesson, repent and come back to God. 

As long as we are in this world we will continue to hear of wars and have troubles and tribulations, yet amidst all these, there is an inner peace in the life of true believer that consoles and make him keep calm. That inner peace is what Paul mentioned in Philippians 4:7. This serenity amidst problem is what ordinary mind could not comprehend. It is the kind of peace that kept the Apostles focused in the time of persecution. In Acts 5:40 – 41, the apostles rejoiced instead of crying when beaten. The world will not understand the kind of peace in the life of believers because the world way to peace is not same with God. True Peace of God comes from making peace with God. This year, if you will enjoy peace of God, you should work for it. You should first make peace with the Prince of Peace and then the peace of God will rule your hearts and mind. Note that though times are ahead of us; things that will shake our faith, things that will scare us, things that will make us ask, ‘God where are you?’ But remember that those who know their God will do exploits. Those who have the peace of God will survive.

Do you have that peace of God? Have you made peace with the Prince of Peace? Let us pray.           

The late Nigerian legal icon, Chief Gani Fawehinmi, still remain a role model for every Nigerian law student in universities all across the country and beyond. As a lawyer, Gani not only practised law, he lived it. Chief Gani Fawehinmi saw law as an instrument in the war against injustice, tyranny and bad governance. His resilient use of the law as a tool to fight injustice brought him face to face with a lot of persecution.

He was detained in police custody for at least thirty-six times. He was in and out of jail regularly for his stand on issues like democracy, transparency, accountability and the enforcement of the rule of law. He was physically assaulted on the streets and even in the hallowed precincts of the courts; plus, his home and law office was sprayed with bullets and bombed.

In spite of all this persecution he faced, Gani was undeterred in his fight for the enthronement of justice and democracy in the country. He legally represented countless victims of human rights violations for free. His commitment and refusal to compromise his ideals resulted in his being given the title “Senior Advocate of the Masses (SAM)” by the students of the Obafemi Awolowo University (OAU).

Gani’s unbelievable brilliance as a lawyer, his pertinacity and courage as a human rights activist, and humanness as a fighter against poverty, distinguished him as the most celebrated anti-corruption defender of his generation. Indeed, the late Gani Fawehinmi lived a life well spent, a life dedicated to the struggle of a better Nigeria. He was and still is a role model for every Nigerian law student.

The legal profession is that honourable profession in which legal practitioners are engaged. A legal practitioner is defined under section 24 of the Legal Practitioners Act to mean “a person entitled in accordance with the provisions of this Act to practice as a barrister and solicitor either generally, or for the purposes of any particular office or proceeding”. The legal profession in Nigeria is fused in that; a legal practitioner can practice both as a barrister and solicitor.

The legal practitioner is an expert whose services and expertise are required by members of the public. In fact, in addressing himself as a legal practitioner he represents to those who depend on his advice that he has the requisite acumen and expertise. For this reason, under the general Common law and the rule in Hedley Byrne & Co Ltd V. Heller & Partners Ltd , the lawyer can be professionally liable for professional negligence. This position is further strengthened by section 9 of the Legal Practitioners Act.

A lawyer who brings a groundless and baseless action can be held liable for professional negligence. A lawyer can also be held liable for filing an action which is statute barred.

CONTROL OF LEGAL PRACTITIONERS

The body charged with the discipline of legal practitioners is the Legal Practitioners Disciplinary committee. A legal practitioner can be disciplined if:

1. He is convicted of an offense which is incompatible with the status of a legal practitioner.

2. If he is guilty of misconduct which is infamous in nature. An infamous conduct has been defined as a conduct which is disgraceful and dishonourable to the other professional brethren.

3. If he is guilty of a conduct, which though does not amount to an infamous conduct, but is considered to be incompatible with the status of a legal practitioner.