Stigma, criminalisation not deterring suicide
JOHN CHIKEZIE x-rays prevalent cases of suicide in the country and blames the law for the upsurge
Stories of people committing suicide have now become an end to a means among the young and the middleaged in the country, especially in a city like Lagos where the hustle and bustle have tremendous effects on the mental state of residents. In 2017, the numerous shocking and alarming media reports of people taking their own lives appeared to have created an awareness in the mind of every Nigerian but what most folks didn’t know is that attempting to kill oneself is illegal and an offence against the state.
The alarm was raised when the sad and disturbing case of a 33-year-old medical doctor, Allwell Orji, who jumped into the lagoon from the Lagos Third Mainland Bridge, was reported on March 19, 2017. The deceased, who was being driven by his driver in a Sport Utility Vehicle (SUV) with registration number LND 476 EE about 4:50p.m., was receiving a call when he suddenly asked his driver to park. According to the driver, the doctor asked him to pull over, came out of the vehicle and jumped into the lagoon.
His body was recovered two days later. But there was uproar on social media when a 51-year-old textile dealer at Balogun Market, Titilayo Momoh, was arraigned before an Ebute Meta Chief Magistrates’ Court on April 24, 2017 for attempting to jump into the lagoon on the Third Mainland Bridge. Momoh, who pleaded not guilty, was arraigned on a charge of attempting to commit suicide.
The prosecutor, Kehinde Omisakin, said that the accused committed the offence on March 24 about 10a.m. contrary to Section 233 of the Criminal Law of Lagos State 2015. Omisakin said the businesswoman was prevented by security operatives from taking her own life. It was further learnt that the accused had been having sleepless nights since she was allegedly swindled of N18.7 million by a Bureau-de-Change operator sometime in 2015. However, upon her arrest, Momoh pleaded with the Lagos State government to pardon her actions on the claim that the weight of her debt pushed her into the act.
Although Momoh was granted bail by Chief Magistrate A. T. Elias in the sum of N500,000 with two responsible sureties in like sum, government later withdrew the case from the court. The judge directed that the woman be taken to a psychiatric hospital for evaluation.
Momoh’s attempted suicide and her subsequent arraignment brought to light Section 327 of the Criminal Code Act, Chapter 77 Laws of the Federation of Nigeria, 1990, which stipulates that any person who attempts to kill himself is liable to imprisonment for one year, as many people were not even aware that such a law exists.
Looking into the implication of the suicide law as against successful suicides, is a pathetic story of a 42-year-old wielder, Wasiu Alowonle, who killed himself by jumping off a Lagos courtroom window on December 6, 2017; simply out of frustration.
Alowonle was accused of stealing an iron rod worth N40,000 and arraigned before Mrs. O. I. Raji of an Ogba Chief Magistrates’ Court. The prosecuting officer, Yumi Egunjobi, said the deceased was earlier arraigned on October 16 on a one-count charge of stealing and had been in custody at Kirikiri Prisons.
Egunjobi said the deceased was arraigned on December 6 for his trial to commence but no one could explain what made him jump off the window. However, a security guard, who witnessed the incident and pleaded anonymity, told New Telegraph that the deceased was manipulated by a spiritual force to commit suicide as he was already looking pale and frustrated when he was brought in by prison warders for trial. He said: “Although people claimed he killed himself out of frustration from prison officials’ treatment.
But I cannot believe that the man was in his right senses because it sounds ridiculous to say that it was an attempt to escape through a three-storey. Escape from a tall building through the window; that is impossible! “I believe that he was compelled by a spiritual force to kill himself. His action was not ordinary especially for someone who has been locked up in Kirikiri for months. He was wearing a white T-shirt, written ‘Fly Emirate,’ and a pair of blue jeans when he was led into the witness box for trial. “But for one reason or the other, the magistrate stood down the matter. He left the box and sat with other defendants on the front row of the court, close to the window.
“I was told he was meant to pay N40,000 to the man he allegedly stole from. But barely a few minutes after the next case was announced, the deceased pushed the other defendant beside him and ran towards the window.
“Before the prison guards could grab him, he had already jumped off and landed on the floor with his head. He died on the spot because his head was badly smashed while his right hand was fractured.” Hence, the worrisome question stuttering on the lips of everyone was what would have been Alowole’s punishment had he survived the suicide attempt?
Would the prosecutor have amended the previous charge to accommodate his attempted suicide? Or would he be re-arraigned on a fresh count of suicide? Another related incident is the case of a 31-year-old man, Hammed Olojo, who was arrested by the police on August 27, 2017 while attempting to jump into the Lagos lagoon in a bid to commit suicide but was quickly restrained. Olojo was prevented from taking his own life and charged before an Ebute Metta Magistrates’ Court, Lagos.
The prosecuting officer, Kehinde Olatunde, said Olojo, who pleaded not guilty, was charged on a one-count charge of attempted suicide contrary to Section 235 of the Criminal Law of Lagos State, 2015.
He was also granted bail by Magistrate O. O. A. Fowowe-Erusiafe in the sum of N50,000 with two sureties in like sum and the matter was thereafter adjourned till November 16, 2017 for mention.
Late last year, Lagos State Commissioner of Police, Imohimi Edgal, directed the prosecution of a member of staff of China Construction Company of Nigeria Limited (CCCN), Mr. Folarin Odukoya, for attempted suicide. Odukoya allegedly attempted to take his own life about 11p.m. on December 17 by jumping into the lagoon near the Ebute Ero Jetty but was rescued by divers and handed over to the Ebute Ero Divisional Police.
However, when interrogated, Odukoya claimed he decided to kill himself because his employer allegedly refused to issue him a document he believed would augment his career. Nigeria, despite being ranked as sixth happiest country in Africa and 103rd in the world on March 20, 2017, according to World Happiness Report 2017, has witnessed more suicides than happy endings.
The giant of Africa, well known for its agility in business and perseverance despite economic hardship, recorded a large number of shocking attempted and completed suicides in 2017 than any other year since its history. However, according to a report made available by the Sustainable Development Solutions Network (SDSN), a global initiative launched by the United Nations, Nigerians were ranked sixth happiest people in Africa despite the country’s challenging economic recession.
According to the SDSN Director and Special Advisor to the United Nations Secretary-General, Jeffrey Sachs, the happy countries refer to those with a healthy balance of prosperity in terms of social capital; like acquiring a high degree of trust in the society, low inequality measure and confidence in the government.
According to Sachs, the rankings of happiest countries are based on six essential factors such as per capital gross domestic product, healthy life expectancy, freedom, generosity, social support and absence of corruption in government or business.
Unfortunately, such happy records soon became a pale shadow when Nigeria, from being one of the happiest people, sunk into the rank of the most depressed country in Africa, according to the World Health Organisation (WHO) reports on April 7, 2017. Barely a month after ranking as one of the happiest on earth, WHO arrived at a conclusion that Nigeria has 7,079,815 people suffering from depression, about 3.9 per cent of the population.
The figures were released in a report ahead of the World Health Day (WHD) entitled; “Depression and Other Common Mental Disorders: Global Health Estimates.” According to the report, “4,894,557 Nigerians, which is 2.7 per cent of the population, suffer anxiety disorders. Depression is the leading cause of disabilities worldwide, and a major contributor to the overall global burden of disease. “Depression can lead to suicide, which is the second leading cause of death in people aged 15 – 29 globally. Consequently, the condition can lead to more suicide cases in the country.
“Nigerians are the most depressed in Africa because, since the number of persons with common mental disorders globally is going up, particularly in lower-income countries, the population is rapidly growing and more people are living to the age when depression and anxiety most commonly occur”.
A suicide attempt is often described as an act where a person tries to commit suicide but survives. Hence, most suicide attempts, in some countries, are often based on a terminal or chronic illness. The alarming rate of suicides in the world has varied in several countries while its sanctions still remains a greatly debated concept.
The law against suicide has reigned since antiquity and is believed to have emanated from a religious doctrine which claims that God is the sole determinant for the death of humans (meaning that God has the legal right to determine who and when a person should die).
According to the tales, especially in ancient Athens, persons who deliberately killed themselves were denied the honours of a normal burial. At the time, the punishment for anyone who commits suicide without an approval from the state entails that the person would be buried alone without a headstone or marker, on the outskirt of the town or city. Sometimes, the family of the deceased would be stripped off their belongings and handed over to the state.
Suicide, also referred as selfmurder, within the religious and moral objections, was a mortal sin in the eyes of the church and also a crime under the common law in England in the mid-13th Century. However, before the enactment of the Suicide Act 1961, an act of the Parliament of the United Kingdom, it was a crime to commit suicide, and anyone who attempted and failed could be prosecuted and jailed. Even the families of those who succeeded were equally not left unpunished but could also face prosecution.
The 1961 Suicide Act, however, decriminalised the act of suicide in England and Wales to enable people who failed while attempting to kill themselves escape prosecution.
Although the states abolished the penalties imposed by the common law (property forfeiture and humiliating burial), it was solely to spare the innocent families and not to legitimise the act. Recent studies on criminal codes of several countries around the world revealed that while most western countries decriminalised suicide acts, suicide attempts still remain a criminal offence in most Islamic countries. In Africa, where the legality or criminality of suicide attempts are mostly deduced from moral standards and religious tenets, several countries like Angola, Botswana, Cameroon, Egypt, Eritrea, South Africa, Zambia and Zimbabwe still legalise both attempted and completed suicide.
But in stark contrast, others like Ghana, Kenya, Nigeria, South Sudan, Tanzania and Uganda enforce stringent punishments for offenders. Unlike in Japan where suicide is considered illegal but not punishable, offenders in Nigeria are not left unpunished but are arrested and charged to court for prosecution.
However, self-induced deaths have no judicial penalties, but suicide attempts still remain a criminal offence in Nigeria. Section 327 of the Criminal Code Act, Chapter 77, Laws of the Federation of Nigeria, 1990 stipulates a one year imprisonment sentence for offenders. While Section 235 of the Criminal law ChC17 vol.3 Laws of Lagos State, 2015, prescribes a hospitalisation order for an accused.
The same chapter of the Criminal Code also criminalises aiding suicide; Section 326 states that any person who procures, counsels, induces another in killing himself is guilty of a felony and is liable to imprisonment for life. The implications of these laws interpret that anyone who attempts to harm his/her body, under any circumstance, shall be treated as a criminal and duly prosecuted.
Hence, anyone guilty of the offence shall face same treatment similar to an awaiting trial or convicted criminal like a murderer, an armed robber or kidnapper etc. Doctor speaks According to Dr. R. A. Adebayo, a former Acting Medical Director of the Federal Neuro-Psychiatric Hospital, Yaba, Lagos, suicide occurs when an individual wilfully or deliberately attempts to end his life and eventually succeeds; while a failed attempt, whether by strangulation, hanging on a rope, taking a poisonous substance or jumping into a lagoon, is called deliberate self-harm (DSH).
Adebayo, who is also a clinical psychologist and consultant psychiatrist, said that suicidal acts should not be treated as criminal cases but as an abnormal mental disorder since 80 per cent of the indulged victims suffer from depression.
While advocating the decriminalisation of suicide attempts, the doctor said that suicidal patients were being admitted into the Federal Neuro-Psychiatric Hospital on a weekly basis but because the society decided to criminalise it, people barely heard of the reported cases. Adebayo maintained that suicide patients should not be tagged as criminals but as patients or victims who need to be accessed and medically examined.
According to him, what suicide patients need is an intensive medical care for their condition and not prosecution or a prison sentence. He said: “We should never criminalise suicide acts expect those who attack others through bombing.
Suicidal victims need treatment and not prisons because they are diseased. It would be inhuman to jail people with mental disorders since their condition is a pathological process. “It’s high time we de-stigmatised mental disorders. Hauling people with mental disorders into prisons would never solve their problems rather the Federal Government should provide more opportunities for treatment.
Prison sentence should only serve as punishment to suicide bombers whose intentions are to harm others in the process of taking their own lives. “There are medical factors which induce suicide such as: substance abuse (otherwise called drug addiction), epilepsy, terminal or chronic medical conditions like cancer, stroke and schizophrenia.
“Other non-medical causes of suicide include tough financial debt or condition; honour killings common in Japan and Middle East countries (a situation where someone, whose guilt and shame over an offence committed, kills himself in order to honour or cleanse the disgrace he brought to the image of his family); and suicide attacks in the Islamic states like Boko Haram.
“All these causes of suicide are induced by depression, aside suicide attack which is an element of religious indoctrination. But, on the contrary, suicide is a medical issue and not a criminal act as pointed by the law.
“A successful suicide victim cannot be prosecuted by the law since the person is dead already but the one who attempts cannot also be reported as a result of the fear of being stigmatised, tagged as a criminal and charged to court.
It is certain that more than 15 per cent of suicide attempts won’t be reported. “This, however, makes suicide attempts under reported or shrouded in secrecy. In this hospital, I have witnessed several cases of deliberate self-harm (DSH) patients especially those with schizophrenia. Schizophrenia is a major psychotic disorder where a patient claims to hear strange voices. This condition is also referred to as auditory hallucination.
“According to patients who suffer from this condition, these strange voices tell them to kill or harm themselves. Some of them adhere to that instruction while the lucky ones run into hiding or seek help. There are cases of patients who heard voices and thereafter jumped from a storey building or into a lagoon.
“There was a peculiar case of an epileptic patient who got tired of her condition and decided to end it by jumping into the lagoon. She jumped from the Third Mainland Bridge but fortunately she was rescued. Another lady also jumped into the same lagoon after hearing strange voices but she was rescued as well.
“Now, in the eyes of the law, these ladies have attempted suicide, but medically we call it a DSH. This is because when the cause of such behaviour is examined, we realise that depression or the strange voices prompted the act.”
Adebayo also explained that after the rescue, rehabilitation, and recovery from such illness, some of these patients eventually come to terms with the damage the illness has done in their lives and might still attempt suicide. He said: “Some of them may not want to continue or brace up with life simply because of shame or guilty.
Some might be ashamed of the things they experienced during the illness or the pain or harm they might have caused either to themselves or their families. So in order not to live with the trauma incurred by that illness, they wilfully choose to kill themselves. This realisation is called post schizophrenic depression.
“There are certain determinants to aid in identifying a suicidal person like previous at- tempts of harming self, family history of depression and child abuse (especially among teenagers)”. Lawyers speak A legal luminary, Prof Itse Sagay, SAN, said that the basic argument by most people is that if a person succeeds in the act of suicide, then he cannot be punished. But if he fails and is punished, then it sounds unreasonable. Hence, they imply that the person who fails is the one who gets punishment and not the one who succeeds in the act.
Sagay said: “I think that the purpose of that law is to serve as deterrent; to discourage a person from taking his/her own life. But the reason I agree with those who say it should be removed from our law books is that it doesn’t really act as deterrent. This is because a person who wants to kill himself is determined to succeed even though he may fail. So, he has no fear whatsoever. “It’s only after he fails that he realises that he could be punished.
But when he embarked on it, his mind was totally made up and firm that nothing else follows. “So, I think that the position of our law on suicide is unreasonable and there’s no justification for enforcing it. Instead, we should have a more robust provision for monitoring people, for tackling psychological problems, in order to discourage people from even desiring to commit suicide and not when the person fails.”
A human rights activist and Director of Access to justice, Joseph Otteh, who also shared same thoughts with the learned SAN, said that “the criminalisation of suicide in our laws is an incident of both our colonial experience as well as, ironically, our slow pace of reassessing the expediency or relevance of inherited colonial laws”. Otteh also called for a review of the suicide law.
He said: “The retention of the offence of suicide in federal statutes possibly hearkens to the fact that there has never been any systematic effort to review wholly, federal penal legislation since Independence from Britain. What has happens mostly are piece meal reviews, additions and few subtractions, leaving the body of colonial laws substantially intact?
“The Lagos position is a lot more thoughtful, sensible and realistic and offers a compassionate physiological and legal response to the problem. It regards attempting suicide as a possible mental health problem, and offers care in dealing with it.
“This is the way the problem should be addressed. It unwarps and unloads the historical political baggage associated with the criminalisation of suicide, and focuses on the needs of the person attempting it rather than perpetuating the flawed historical reasons associated with its use some centuries ago.
“In that era, criminalising suicide was seen to reflect the anger felt by the state at the use of suicide as a form of political defiance of its authority.
The countries where this began have abolished it as an offence, so why should we blindly continue to enforce it?” But Chief Gani Adetola-Kazeem, SAN, disagreed with anyone calling for the review of the suicide law while arguing that, “should people be permitted to willingly take their own lives?”
He said: “I don’t think there is any sufficient reason for someone to take his own life or be permitted to do so. We all have faith in God Almighty who gives life and has the ability to take it. “The point is, in principle, whether it involves taking one’s own life or that of another person, a believer must remember that he has not the power to give life and therefore has no responsibility in taking life. “It’s not for an individual to decide on terminating his or another person’s life. Even if it involves a terminal illness, they should be helped to get out of it and not encouraged to annihilate themselves.
“If there is a medical condition that warrants euthanasia or assisted induced deaths, which of course is not allowed, but generally, the health practitioners should know what to do in order to pacify or ease the pains affecting such a person.
“Aside those who commit suicide out of frustration, depression and medical challenges, there are those who also do same after committing a crime because they feel the best way to escape punishment is to take their own lives. Would you also say that such suicide is right? “I don’t support suicide neither do I think it is right to decriminalise attempted suicide.
I think that the law against attempted suicide should stand just like the law that makes manslaughter and murder a crime. I stand in support of the law against attempted suicide as a believer and not just as a lawyer”. Also speaking in favour of the law, Yusuf Ali, SAN, said he is in full support of the law against attempted suicide.
He said: “I support the law because it’s not right for a man to take what doesn’t belong to him. Life wasn’t created by man so why should he wilfully take it? “Attempting is what the law punishes since those who succeed are never alive to face prosecution. I do not support any form or type of suicide.” The reality of suicide seems to be catching up with other criminal counterparts like murder and manslaughter, but its stringent punishment to impede further actions remains a questionable approach.
If hospitals are built for the sick in order to aid health challenges and prisons serve as rehabilitation centres and reorientation facilities for lawbreakers and offenders; what happens when a mentally impaired person, instead of being taken to a psychiatric home, is arrested, prosecuted and jailed on the premise of an uncoordinated insanity? How do we punish someone who sees suicide as the fastest way or solution of putting an end to a life’s threatening challenge?
These are obviously questions begging for answers in view of the Federal Government’s reviewing of the law on suicide and its implications.
Delta Steel Company: Dashed hope of a nation
Sick workers, comatose firm, helpless stakeholders
Two years after the Federal Government handed over the Delta Steel Company (DSC) to Premium Steel and Mines Company Limited – a consortium of private investors – to revive the company and start production of steel for local and export purposes, the multibillion-naira outfit is yet to take off. YEKEEN AKINWALE, who visited the company situated at Owvian, Aladja town, Delta State, finds out that the company is still grappling with crises which look intractable
“Warri no dey carry last, na wetin we dey always talk, but for this Delta Steel Company matter, we don carry last,” quips Justice Iyasere, who looks towards the massive structure of the steel company with disappointment clearly etched on his face.
Although Iyasere, a community leader and local government chairman aspirant in Udu Local Government, is not one to give in to pessimism, he admits that it will take more actions than precepts to get the company running again – especially in the face of unending crises ranging from war by ex-workers, to huge debts to suppliers and threats from other interest groups.
Years of politicking, mismanagement and lack of interest by the Federal Government, he says, led to the collapse of what was once the pride of Delta State. If it were alive and running, Nigeria’s reliance on imported steel and aluminium products ought to have significantly reduced.
Its sales to Premium Steel and Mines Limited under the Federal Government’s privatisation programme, besides being opaque, is already a subject of litigation – communities hosting the company in Udu have instituted a law suit against Federal Government and Premium Steel and Mines Limited, to contest the sale.
At the moment, Nigeria spends N887 billion (about $4.5 billion) annually to import 25 million tons of steel and aluminium products. This is not going to end soon except steel plants such as DSC start producing steel locally.
In 1980, when the plant was established and inaugurated under the leadership of Fred Aghogho Brume, pioneer general manager, it was designed to produce one million tons of liquid steel per year. It never attained this maximum production output. Its best performance was in 1983, when it produced 500,000 tons. Since then, the plant has been aground.
“In 1985, the highest steel production a day was 23 heats in the whole of Africa and that year, Delta Steel was producing 21,” says Sam Agberhiere, one of its pioneer staff.
“If government is actually serious about steel making, by now we should have been one of the leading countries in the business. But the reverse is the case.”
From conception, DSC was designed to place Nigeria in the comity of manufacturing countries, particularly giving it an edge in the automobile sector. The Foundry Section, which earlier manufactured brake discs, drums and other parts for Peugeot Automobile Nigeria (PAN), Kaduna, has long been shut down.
“PAN in Kaduna was making order in 2002, 2003 and 2004. From here we made brake drums, engine blocks and other accessories in good quality,” says a former staff of the company who did not want to be named because of a running battle with the new management over unpaid entitlements.
The Phase II of the plant, designed to manufacture flat sheets for production of car bodies such as bonnets, car doors, roofs and booths, never took off. The natives who donated the land to government for the company to build the Phase II have reclaimed it.
“In one word, I’d say what killed DSCL is politics. They played politics with the plant. That’s why we have found ourselves where we are today. Warri don carry last here,” Iyasere adds.
Robinson Akpodovhan, retired manager, Shipping and Logistics at the plant, would also not spare government of blame. He says government did not effectively monitor the company.
“You cannot rule out the hands of government from the failure of the company,” he says. “Ajaokuta is over 40 years now and still grappling with construction, and it is also owned by the government.”
Truly, a desolate edifice of the company sandwiched by bush says much about its years of misfortune. Before now, the company supplied billets to Jos Steel Rolling Mill, Katsina Rolling and Oshogbo Rolling Mill. All three rolling mills are also dead.
Haunted by ex-workers, heavy debts, unseen forces…the face of a deserted plant
With a gun-wielding soldier and other private security guards manning the gate, a visitor without prior appointment will not have his way in. “Gaining access to the plant is not an easy task; you have to come back in two weeks’ time,” a security guard tells this journalist.
An insider says the new management of the company is haunted by aggrieved former workers who have vowed never to allow operation in the plant except their entitlements are paid. So, the main gate is under tight security against any unforeseen invasion by former workers. But its former owners, Global Infrastructure Holding Limited, is also laying claim to the company and indeed pressing to take it over.
Save for a few employees working on an excavation across the main gate of the company, there is actually no movement of heavy duty trucks that could suggest any activity going on in the company. No deafening sounds of iron casting coming from the plant or the razzmatazz that characterises a steel company.
It wears an old look, all the welcome signposts along the dual carriageway erected by the new management notwithstanding. Keen visitors get the impression of a company not working right from the corridor of the same highway.
The road was constructed purposely to connect the steel plant to the Warri Port, in order to enhance easy evacuation of finished iron products. But the road is not only deserted; it is dilapidated.
A trailer park a few kilometres away from the main entrance of the company that once served as the assembly point for heavy-duty trucks taking finished products is long gone; it has been taken over by bushes; no ancillary business along the road is visible. Business life of the area apparently died with the steel plant.
“As an A-Level student of Federal Government Warri, we were taken to DSCL on excursion; the noise there was deafening – noise of steel production and presence of heavy-duty trucks waiting to evacuate iron products such as iron rods, billets and other products were sights to behold,” recounts Onwuka John, a resident of Owvian.
“In those days, oil workers were resigning. I saw them join the steel sector. Many resigned from Shell to join Delta Steel because everything about the company was too attractive for anyone not to eye its workforce; housing estate, schools, football team and even hospital were owned by the company.
“No company impacted the lives of the Deltans like the steel company, but all that is history now,” he adds.
“It was operating three shifts and you need to see staff buses conveying workers from Steel Town for their shifts to the company. But now, the plant is just like a ghost town.”
The units within – harbour, Direct Reduction (DR) plant and the pellet plant, Lime Plant, Rolling Mill, Electric Air Furnace, and the Continuous Caster – are littered with wreckage and waste, while other auxiliary units of the plant such as the foundry, electrical and mechanical maintenance workshops and water supply system, have all been overtaken by elephant grasses.
Creating an impression of work in progress, however, are a few workers here and there strapping their safety helmets and putting on some dusty factory boots. But there is arguably no steel processing going on in the company.
Waiting for the promised facelift by the new owners, Premium Steel and Mines Limited, the brownish rusty bodies of the equipment and the broken-down or abandoned machines all over the place are relics of a dead giant.
In March 2017, a group of investors from the United States of America and Morocco were reported to have visited the plant, proposing a N600 billion investment to help revamp it – an indication that the new owners too might be in need of financial muscle to run the plant, like their predecessor, Global Infrastructure, which failed to turn it around.
But Victor German, general manager, Government and Community Affairs at the company, denies any such proposal from any investor. He says the Indian investors have both financial and technical abilities to operate the company.
This claim is already being contested. Ebhaleme Pius, a former employee of the company who worked there when it was sold to Global Infrastructure Holding Limited, says the management of Premium Steel and Mines, under the leadership of Prasanta Mishra, lacks not only the technical knowhow and financial muscle to run it successfully but also has no record of steel making.
“Those are not steel makers,” says Pius. “That’s why they are yet to manufacture a pin for the past two years. They cannot manufacture anything there because they don’t have experience in steel making.”
When its new owners took over in 2015, they promised to revive the comatose steel plant with N370 billion. Back then, with an established elaborate plan for the company’s revival with N70 billion in new investments in the first phase and N300 billion in the further phases, it looked like the company was going to have a new lease of life.
German admits that Delta Steel Company, as it is still called by the locals despite change of ownership and nomenclature, is still haunted by many known fears from disenchanted former workers who have vowed never to allow new investors take over the company until the N3.2 billion due to them is paid.
The workers are insisting that all industrial issues be settled, especially backlog of salaries and allowances, before the company can operate. German also confirms that the plant has been bogged down by demands of the former workers. “We met some rigid situations,” he says.
The basic reason the company has not resumed operations, according to him, is the delay in bringing the former workers on board.
“These former workers are waiting, but these issues of liabilities are also there. We have about 100 of them working with us now,” he says.“What we have been doing is trying to meet the demands of the former workers; those who worked with Global Infrastructure. You don’t just come and start work. They are asking for the payment of debts owed the workers.”
According to German, who is also a gas engineer, the management of the company is almost done with the resuscitation of its rolling mill, after which other sectors such as Steel Melting Shop (SMS) would be revamped. But there are arguably no signs that the mill will start work anytime soon.
“We are resuscitating the rolling mill, we are going to buy billets or get them from outside the country,” he adds.
Pius says the steel plant management will not succeed by revamping the rolling mill first because “Delta Steel Company is an integrated plant”.
“You can’t revive the rolling mill that ought to come last in the line of production first. It must be the last stage after they might have revived units like SMS and others. They can’t operate that plant; it is not a rolling mill.”
He alleges that the Indian investors have different plans for the plant. “They want to convert the building to a rice depot or a hotel,” he says. “You know they are Vaswani Brothers and we know their history in this country. They converted Volkswagen to rice depot.”
The payment of some debts by the Asset Management Corporation of Nigeria (AMCON) in April what was needed for the management of Premium Steel to gain access to the plant and commence its resuscitation.
“We started that April this year and we have gone far. We are almost through with the rolling mill. One hundred and sixty workers are going to be employed for the rolling mills when it is operational,” says despite all these commitments, the management of the company still has a lot of bridges to cross. A case before a Federal High Court, Warri Judicial Division, by Udu community, might be a major huddle to cross.
The host community says the details of the transaction between PSML and Bureau of Public Enterprise (BPE), which gave the company to the new investors, was not made open.
“We do not know the extent of purchase; we do not know what AMCON sold and what they didn’t,” says Sam Odibo (Otota), Prime Minister of Udu Kingdom.
The communities claim they are stakeholders, having been allotted 22 million ordinary shares in the company, representing 10 per cent of its total shares at its privatisation.
Part of their complaint, according to Odibe, is that the Federal Government has continued to shut them out in the privatisation process while dealing with the assets of Delta Steel.
“When BPE concessioned the company some years back, the community did not even know that they had some percentage to be paid because the Indian company, Global, ran the place solo,” he says.
“We say no; we want to know what they sold to you because AMCON sold what was used to borrow money from the bank. Did they reserve anything for the community or is it that they sold everything in spite of huge expanse of land the Federal Government took from us in the name of national interest. But we believe that the Federal Government would not be stupid to sell everything off.”
Before heading for court, the host communities said their efforts to get both the BPE and the AGF to account for the privatisation process were shrugged off. Now, they want the court to declare that they are entitled to 22,000,000 ordinary shares, representing 10 per cent of the total shares of Delta Steel Company, and that both the BPE and the AGF have no right, power or authority whatsoever to sell or transfer to Premium Steel either directly or through any of the agents of the Federal Government, more than 80 per cent of the shares of Delta Steel.
The court, they argue, should also declare any purported sale and/or transfer of more than 80 per cent of the shares of Delta Steel to Premium Steel by the Federal Government, null and void.
“AMCON is done on the matter; they are not talking to us, same way nobody talked to us in the previous deal that allowed those Indians to run the place aground,” says Odibe.
•Akinwale is a snr investigative reporter, ICIR, Abuja
Virology Centre lies fallow as Lassa fever ravages Ebonyi
House probes shoddy dealings in centre’s construction
In what has become a recurring decimal, the dreaded Lassa fever virus has resurfaced in the country, ravaging 10 states with 16 deaths recorded so far, UCHENNA INYA reports
Ebonyi State and other states of the federation are always associated with Lassa fever virus every dry season. In the last one week, the state has been battling to control the virus which returned in full force.
The disease has since 2005 claimed over 40 health workers and caused uncountable number of deaths in the state. It has spread to 10 states of the federation since the beginning of this year when it resurfaced. The states are Ebonyi, Edo, Ondo, Bauchi, Nassarawa, Anambra, Benue, Kogi, Imo and Lagos.
According to the statistics released by the Nigerian Centre for Disease Control (NCDC), in these 10 states, 107 suspected Lassa fever cases have been recorded with 16 deaths. Out of these figures, Ebonyi has nine confirmed cases and about five deaths.
Early last week, there was fresh outbreak of the disease and two medical doctors, Felix Ali and Abel Udoh as well as a nurse, Innocent Iwe, who were all working with the Federal Teaching Hospital Abakaliki (FETHA), died of the virus. They have all been buried to prevent spread of the virus. Until his death, Ali was in Department of Community Medicine while Udo was in the Department of Otorhinolaryngology.
Ali, who hailed from Mgbom community, Afikpo in Afikpo North Local Government of Ebonyi State, left his wife and three children. Udoh, on the other hand, hailed from Akwa Ibom State but married about three years ago to an Ebonyi State woman from Effium in Ohaukwu Local Government Area. Both doctors attended Ebonyi State University (EBSU).
The nurse, Iwe, hailed from Imo State. Udoh operated on a patient suspected to have had Lassa fever three weeks ago and died, the patient also died. Ali had complications of Lassa fever and he was taken to Irrua Specialist Hospital, where he passed away.
On getting the information of Lassa fever outbreak in FETHA, patients, visitors and health workers of the hospital fled. But the hospital was later fumigated to contain the virus. Worried by the development, the National Obstetric Fistula Centre (NOFIC), Abakaliki, evacuated its patients from the hospital following the outbreak of Lassa fever at the FETHA to an undisclosed hospital.
NOFIC and a Lassa fever virology centre built by the state government and taken over by the Federal Government are located in the same place inside the FETHA. When our correspondent visited NOFIC, no patient was there. An official of the hospital, who gave his name simply as Jacob, said all the patients in the hospital were evacuated to another hospital.
He said: “You know this hospital is located beside this virology centre and some of the patients, including the deceased, were taken to the Virology Centre before being evacuated to Irua Specialist Hospital where some of them died early this week. “So, our management feel it is very imperative to evacuate all our patients out of our hospital even though the virology centre has been fumigated.”
Jacob disclosed that some of the patients that were evacuated from the hospital had just being operated.
The state government built the N350 million ultra-modern Lassa Fever Virology Centre, located inside the FETHA, but was taken over by the Federal Government. But the fresh outbreak of the virus showed that the centre is not functioning as the victims were all taken to Irua Lassa Fever Specialist Hospital, Edo State for medical attention.
Death toll in the fresh outbreak of the disease has risen to four. According to statistics released by the state government through the Commissioner for Health, Dr. Daniel Umezuruike, at a joint press conference with his Education counterpart, Prof John Ekeh, the state has a total of nine confirmed Lassa fever cases and four deaths.
Three patients are currently on treatment while 139 persons have been placed under surveillance. In anger, Association of Resident Doctors at the FETHA has declared a 21-day sit-at-home to mourn their colleagues and compel the Federal Government to equip the Virology Centre in the state.
The doctors blamed the Federal Government for the death of their colleagues through the Lassa fever outbreak. They staged a peaceful protest at the Government House, Abakaliki, the Ebonyi State capital, to show their grievances.
The doctors carried placards with inscriptions to vent their anger. They noted that apart from those confirmed dead, another house officer was currently in a critical situation at the Irrua Specialist Hospital, Edo State. Leader of the protesting doctors, Onwe Mbam, said that since 2005 till date, “there has not been any year that Lassa fever has not killed a health worker”. He said after the construction of the Virology Centre, Governor Dave Umahi handed it to the Federal Government, which promised to equip it.
He said nothing had been done since then. Mbam said some of the doctors and the nurses who later died as a result of the outbreak were first taken to the Virology Cente before they were taken to Irrua Specialist Hospital.
He said: “We had expected the Federal Government who had before now promised to equip the place to do so. Dr. Felix stayed there a day and his counterpart, Dr. Udoh while the nurse stayed four days there before he was also taken to Irrua where he also died.” Mbam said the doctor was buried immediately to avoid spread of the disease. He added: “Immediately Dr. Felix died, they wrapped him in a body bag, put him in an ambulance and moved him down from Irrua to FETHA gate where we followed him to his village. Before then, we had already communicated them to dig a grave before our arrival.
On getting to the village, we put on our hazmat suits, brought out the corpse, put it in the casket we bought and dumped him in the grave. “Unfortunately, it was only the brother and four villagers that summoned the courage to come close because the disease is highly contagious.
Regrettably, the second doctor, Dr. Udoh is still lying in a wooden box close to the mortuary at hazmat suits l. The fact is that, they cannot take him inside the mortuary because he will contaminate other bodies in the mortuary.”
Mbam urged the Federal Government to fulfil its promise by fully equipping the Virology Centre. Reacting, the Senior Special Assistant (SSA) to the governor on Health Services, Sunday Nwangele, said the state had taken “some measures to avert the spread”. He added that a virologist had been invited by the state government to manage the centre and train other virologists in the state on how to run the centre.
Nwangele said that on arrival, the virologist would manage all outstanding cases for about two months and put in place every outstanding machine in the centre before leaving the state. He said the contact tracing committee had commenced work while the governor had released substantial amount of money to ensure that the situation was brought under control.
The SSA urged the doctors to remain calm and go about their normal business and assured them of government’s commitment to their safety and welfare.
Arising from its emergency CONTINUED FROM PAGE 27 general meeting held at the Association of Resident Doctors (ARD FETHA) Secretariat, Abakaliki, the Ebonyi State branch of the Nigerian Medical Association (NMA), in a communiqué signed by its Chairman, Dr. Ikwudinma Austin, and Secretary, Dr. Ariom Anthony Ifeanyi, the association urged the Federal Government to promptly equip and activate to an optimal functioning capacity, the Virology Centre to serve Lassa fever patients.
“Since the facility was built by the Ebonyi State government and designated a Virology Centre, despite no functionality, there has been increased referral cases from neighbouring states like Cross River, Benue, Enugu, Imo, Abia, hence increasing the risk of the staff of FETHA and surrounding communities as diagnosis can still not be made in the said Virology Centre.
“The Federal Government should live up to its promises through the Hon. Minister of Health, Prof Isaac Adewole, on the 5th of September 2016, to make the Virology Centre in Abakaliki a national referral centre by making it functional,” the communiqué reads in part.
It called on the management of the FETHA and other hospitals to acknowledge the endemic nature of Lassa fever and promptly provide basic personnel protective equipment for safe health service delivery in the state. “To buttress this fact, the epidemic killed two medical doctors in less than one week of developing symptoms. A nurse, who had been on Ribavirin, a very potent drug in the treatment of Lassa fever, still deteriorated and died.
This makes it a national security issue and calls for declaration of a state of emergency in the health sector in the state. “The Federal Government should not play politics with this and urgently rise to the occasion of securing the lives of inhabitants of Ebonyi State and the entire South East region,” the communiqué added. Meanwhile, public, private and mission schools in the state have been shut down for one week following the outbreak of the virus.
The Commissioner for Health, Dr. Daniel Umezuruike, and his Education counterpart, Prof John Eke, said the measure was to control the spread of the disease. Umezurike said: “There are outbreaks of a similar disease in other states of the federation and in Ebonyi State; record has it that we have a total of nine confirmed cases and four deaths. We have three patients on treatment and all of them are doing well.
We have contact tracing and we have 139 people we have kept on surveillance. “So, the situation is under control because we have set up all the committees and strategies to ensure that this disease is brought under control within the shortest possible time and the strategies are working out well. We don’t have new cases of the disease as at yesterday, so the situation has been brought under control.
“Schools’ closure came up when we had three positive cases and Ministry of Education noticed that one of them has children in schools and closed down schools in Ebonyi State. We have put all the strategies in place and everything is working out. We believe that the situation will be brought under control. “The deaths are very unfortunate and we sympathise with the families of the deceased.
One of the circumstances surrounding the deaths was late presentation because the three cases came from three axes. “In one of the cases, a doctor took ill two weeks ago and he was taken self-medication; treating himself of malaria and typhoid.”
On his part, Ekeh said the situation was not alarming, adding that things were under control. The shutting down of schools in the state created panic among students, pupils, teachers and parents. Ekeh said the decision was taken following a mother who tested positive to the disease. When our correspondent visited some public, private and mission schools in Abakaliki at 8:30a.m. last Thursday, parents were seen withdrawing their children from the schools on hearing the shutting down of schools by the government. Management of the schools were on ground to ensure that those who came to school were asked to return home.
A teacher, Miss Ifeanyinwa Nwokoro, bemoaned the outbreak of the disease and said that they decided to comply with government’s directive in the interest of their children. Meanwhile, all the public, private and mission schools earlier shut to control the spread of the Lassa fever have reopened by the state government. The Commissioner for Education, Ekeh said the schools were reopened as no new case of the disease had been reported.
Ekeh commiserated with the families who lost their loved ones and urged all residents to always keep their environment clean. He said: “The measure taken by government prevented the disease from spreading into schools, and I am happy that we did not lose any of our pupils or students to the disease. “The government and people of Ebonyi State sympathise and condole with families that lost their loved ones to the disease. We, however, call on the public to maintain good personal hygiene to stay safe. “We also appeal to our teachers and school administrators to redouble their efforts so as to cover the second term academic calendar.”
As the panic over the outbreak of Lassa fever in the state raged, the state House of Assembly summoned the contractors that built the Lassa Fever Virology Centre in the state which the Federal Government took over.
The Chairman, House Committee on Health, Oliver Osi, approached the speaker in a matter of urgent public importance during plenary of the House at the Assembly Complex, Nkaliki Road, Abakaliki, praying the house to liaise with the National Assembly Committees on Health to make budgetary provision for the centre this year for enhanced performance.
He also called on relevant agencies to come to the assistance of the state to contain the virus. The lawmaker also condemned the inability of the Federal Government to put the centre into optimal use. Osi prayed the House to invite the contractor, Dr. Charles Akujuobi from COSCHARIS to appear before the House and explain why he could not install all the equipment in the centre as provided in the contract agreement.
He said: “Mr. Speaker, honourable colleagues, the state government has invested so much in the building of the centre and subsequently handed it over to the Federal Government. We are surprised that the Federal Government has not fully utilised the centre.
We are told that the dialysis and the PCR units are not operational despite the money paid to the contractor. Up till now, samples are still being taken to Benin for test.”
The motion, which was seconded by Mrs. Franca Okpo of Abakaliki North constituency, sparked reactions from the lawmakers who condemned the ugly scenario and called for stiffer punishment for those who contributed to the death of the medical staff. The Deputy Speaker, Hon. Odefa Obasi Odefa, regretted that one of the victims was an old boy of Government Secondary School, Afikpo who worked hard to reach the status of a medical doctor only to die as a result of sabotage.
He called for the prosecution of the individuals by the anti-graft agencies to serve as deterrent to others. While reacting to the submissions of the members, the Speaker, Hon. Francis Nwifuru, described it as wickedness and negligence. He upheld the prayers as contained in the report after making some amendments. Governor Dave Umahi has also described the outbreak of the disease as unfortunate. Umahi, who immediately approved N7 million to control the virus, said all relatives of the victims must be put on close monitoring.
He said: “We were told that the Lassa fever emanated from efforts to save the life of somebody from Ala Hausa (the place inhabited by Hausa people) who also journeyed outside the state to the Hausa Quarters. “But the annoying thing is that since we handed over the Lassa fever centre (Virology Centre) to the Federal Government, they have not fully taken it over. It is not fully functional. That also very annoying is that the committee we set up to build the place and equip it did not tell us that the supplier of the equipment has not fully installed them.
“Nobody told us and that is very sad. So, we have had several meetings; yesterday and today and so we have agreed that we will release N5 million for them to source for experts from Benin and Lagos states. I have also called the Minister of Health, he also sent experts from Abuja. “So, N5 million is to activate the place fully and get experts to start training. We are committed to spending more funds as needs would arise.
“In a our meeting with NMA, FETHA CMD and their team this morning, we agreed to release the sum of N2 million because the contact is from Ala Hausa to Macgregor Martha Hospital to the Federal Teaching Hospital, Abakaliki.
“So, what we have agreed is to get three names from NMA to be members of the Lassa Fever Committee and then, get a subcommittee out of that so that they will now be on a kind of monitoring divided into groups. One will be at Ala Hausa, the other one at FETHA and then Martha Hospital.”
Insecurity: Old number plates, fake driver’s licence as albatrossDriving school sabotaging FRSC’s efforts
Driving school sabotaging FRSC’s efforts
Criminal activities continue to fester in the country despite the launch of new vehicle number plates and driver’s license in 2011, which the authorities said, would assist in crime prevention, writes ONYEKACHI EZE
The Federal Road Safety Commission (FRSC) new driver’s licence and number plate scheme is about seven years’ old now. Apart from ensuring uniform standard in the number plates and driver’s licence issued to motoring public, the scheme, according to the authorities, is aimed at checking criminal activities.
During its launch on September 2, 2011, former President Goodluck Jonathan said he ordered the scheme to be fast tracked following the October 1, 2010 terror attack on Eagles Square in Abuja, the Federal Capital Territory (FCT). “Since the last bombing episode on October 1 (2010), I had directed the hastening of efforts to build a credible database of drivers and vehicles in order to improve public safety.
The importance of this project is reaffirmed by the consistent use of vehicles in the conduct of the recent bombing episodes,” Jonathan had said. The fear of the former president was justified.
There have been a number of terror attacks in Abuja by terrorists since the Independent Day bomb attack. Most of these attacks were targeted at landmark buildings in the nation’s capital by terrorists using vehicle-laden explosives. For instance, there was June 16, 2011 terror attack on the Force Headquarters, Abuja which left about six people dead.
The attack was believed to have been targeted at the then Inspector General of Police, Hafiz Ringim, whose convoy the attacker followed into the police premises. Two months later, on August 26, another attack took place at the United Nations’ building in Abuja, killing 21 persons and injuring 60 others. Perhaps, this was to internationalise the attack by the insurgents.
After the launch of the scheme, the nation’s capital and environs further witnessed more terror attacks. These included the Christmas Day (December 25) 2011 terror attack on St. Theresa’s Catholic Church, Madalla, Niger State, which killed 37 innocent worshippers and left 57 others with serious injuries.
On April 14, 2014, a-twin blast at Nyanya Motor Park, a densely populated suburb of Abuja, left 88 persons dead and 200 others wounded. Another attack barely two weeks later, on May 1, just a kilometre away from the April 14 attack, killed six people.
Another blast at Emab Shopping Plaza, Wuse II in Abuja on June 24, 2014, killed 21 persons including the Managing Director (North) of New Telegraph Newspaper, Mr. Suleiman Bisalla. Police said 17 persons were wounded during the attack. Also on October 2, 2015, two bomb attacks at Kuje Market and police station, and at Nyanya Street market, left a combined figure of 15 persons dead and 20 others wounded.
The National Emergency Management Agency (NEMA) said 13 people died at Kuje attack while the Nyanya blast recorded two. All these attacks were executed with vehicles laden with explosive devices.
Given the speed with which the masterminds of the Independent Day 2010 Eagles Square attack were unmasked and quickly brought to justice, one would have expected that with the launch of the new number plates and driver’s licence, criminal elements in the society would no longer have a hiding place.
But except the December 2011 Christmas Day bombing at St. Theresa’s Catholic Church, Madalla, and the April 14, 2014 first Nyanya terror attack, perpetrators of the other attacks or their masterminds were not identified so could not be prosecuted.
Kabiru Dikko aka Kabiru Sokoto and Aminu Sadiq Ogwuche were identified and arrested as masterminds of the Madalla and first Nyanya attacks, respectively. Other criminal activities such as kidnapping, bank robbery and other associated crimes were committed with the use of vehicles. And except on a few reported cases, other perpetrators are yet to face the wrath of the law. Force Public Relations Officer (FPRO), Jimoh Moshood, said other bomb attacks were still under investigations.
Such investigations, Moshood added, could be concluded within a short period or they could take a little bit longer.
“All the cases you mentioned, they are under investigation. If they have been arrests in two instances, that does not mean they cannot arrest in the other instances you have mentioned.
So, virtually all these cases are under investigation. While there are successes in some instances, others are being worked to ensure that success is achieved at the end of the day,” he stated.
The FPRO would not be drawn into the argument that the use of old number plates for the attacks was hindering the investigations as he stated that it was within the purview of the FRSC and the Directorate of Road Transport Services (DRTS), otherwise known as Vehicle Inspection Office (VIO) to issue vehicle number plates and driver’s licences.
Moshood added: “I wouldn’t comment on that because I don’t work with FRSC. The FRSC and the VIO have the responsibility of the issue of number plates…. That is why I told you that investigation is ongoing.” FRSC has encountered some hitches while trying to enforce the implementation of the new number plates and the new driver’s licence.
The commission had initially set September 30, 2013 as the last date for the motoring public to replace their old number plates with new ones while defaulters would have their vehicles impounded from October 1.
This date was later shifted to June 30, 2014 and eventually suspended following two Federal High Court judgements that described the enforcement of the new policy as “illegal and unconstitutional”.
Mr. Emmanuel Ofoegbu and Ajefo Ekwo had instituted actions against the FRSC at Federal High Courts in Lagos and Abuja respectively, challenging the powers of the FRSC to impound vehicles of motorists who failed to obtain the new number plates after the September 30, 2013 deadline. They argued that there was no law validly made in accordance with the constitution prohibiting the use of the old number plates.
Justice John Tsoho of the Lagos Federal High Court, in a judgement delivered on March 26, 2013, ruled that the FRSC had no power to enforce the new number plates. The judge also described the scheme as illegal and unconstitutional.
He said: “The FRSC cannot force Nigerians to acquire new plate numbers by impounding cars without the backing of any legislation to that effect. “I hold that the act of the FRSC amounts to an arbitrary use of power, and is therefore illegal and unconstitutional.”
Justice Adeniyi Ademola of Abuja High Court, on June 30, also ruled against the enforcement of the new number plates and driver’s licence. The FRSC, however, appealed against these judgements. But in obedient to the court order, the commission issued a statement suspending its earlier decision to enforce the use of the new number plates at the expiration of the deadline.
The statement added that the FRSC had decided to abide by the decision of the Joint Tax Board (JTB) an umbrella body of state Chairmen of Boards of Internal Revenue, statutorily mandated to determine road taxes including prices of number plates and driver’s licence.
“For the avoidance of doubt, the corps wishes to state that it still stands on the earlier resolve to defer enforcement of the new number plate and driver’s licence following the suspension of the 30th June 2014 deadline for a change to the enhanced motor vehicle number plate by the Joint Tax Board.
“The board had decided after its 129th meeting held on 23rd and 24th April, 2014, at the headquarters of Edo State Internal Revenue Services in Benin that: (a) In the light of the court judgement against the FRSC, the board decided to suspend the 30th June, 2014 deadline earlier announced for a change to enhanced Motor Vehicle Number Plate and the Driver’s Licence pending the outcome of the appeal by the FRSC.
(b) The states Internal Revenue Service, the Federal Road Safety Corps (FRSC) and the Vehicle Inspection Offices (VIOs) have been encouraged to put all necessary logistics in place to improve motor vehicle registration and issuance of driver’s license in order to build a comprehensive database.
“In the light of the above, the corps wishes to reiterate an earlier directive to its commanding officers to defer enforcement on the deadline, in keeping with the JTB suspension and the court, ruling pending the determination of the appeal. “Motorists are, however, urged to renew their driver’s and vehicle licences as they expire in line with extant provisions of the law,” the statement added.
The FRSC won a partial victory at the Court of Appeal when a judgement delivered by Justice Joseph Ikyegh, in November 2014, set aside the judgement of the lower court. But out of the four issues canvassed by the commission, the appellate court ruled in favour of the respondent, Mr. Emmanuel Ofoegbu in three.
While the court held that based on National Road Traffic Regulation (NRTR), 2012, the FRSC has legal right to enforce the use of new number plates on the set date, it agreed that the respondent had the locus standi to initiate the suit and enforce his fundamental human rights. “I would allow this appeal in part; for the avoidance of doubt, this appeal only succeeds in part to the effect that regulation 2012 has legal force, and is enforceable from October 1, 2013, the administrative date set by FRSC.
“The part of the decision of the lower court declaring the regulation 2012 unconstitutional is hereby set aside,” said Ikyegh. The judge further held that by the provisions of Section 5 of the FRSC Act, 2007, the National Assembly had delegated the authority to the commission to so act.
He, however, ruled that the fear of the respondent (Mr. Ofoegbu) of FRSC impounding his vehicle was justified because Section 35(1) of the Constitution makes personal liberty of a person, an issue of fundamental human right.
“The application of the respondent was brought to protect his personal right to liberty and protection of his movable property, therefore, the appellant has no legal framework to enforce regulation 2012 as it relates to impounding the respondent’s vehicle.
“The respondent would have the standing to sue to enforce his rights,” Ikyegh added. Since the Court of Appeal judgement, which is about three years now, why has the FRSC not deemed it necessary to set fresh deadline to phase out the old number plates in place of new ones?
The FRSC Public Education Officer, Mr. Bisi Kazeem, said the commission had already advised the licensing authorities to give effect to the court decision. He said: “Since the court validated the statutory powers of the FRSC to set deadline for change over to the new plates and the deadline set then was validated, the FRSC had advised motor licensing authorities to give effect to the court decision while FRSC has been enforcing number plate violation.
The FRSC was established by Decree No. 45 of 1988, and Section 5 of Act of the National Assembly, 2007, as an agency of the Federal Government to, among other things, prevent or minimise road accidents, educate motorists and members of the public on the importance of discipline on the highway as well as to design and produce driver’s licence. Before the commission came into existence, the nation’s licensing system was, to say the least, chaotic. There was no uniform standard in driver’s licence issued to motoring public.
The licence, which was in a booklet form, was issued by various states and local governments in the country. It was not until 1990 with the introduction of National Uniform Licensing Scheme (NULS) that a uniform national licensing scheme for the whole nation was adopted, to replace the ones issued by state and local governments. Notwithstanding, the new licensing scheme was still bedevilled by corruption, forgery and other associated malpractices, leading to the introduction of physical capture of the applicants image at the licensing office, in 2008.
The online process, including the issuance of vital document and vehicle identification number plates, was to follow three years later, in 2011. Former Corps Marshal and Chief Executive Officer of the commission, Osita Chidoka, said the aim of the new system was “to restore respect and reliance to the driver’s licence, which… has been grossly abused and faked.”
He said: “The improved process would obviate possession of the document by unqualified applicants, ensure global access to data bank for seamless authentication of identity claims of holders, up revenue accruable to government (due basically to the blocking of revenue leakage) and make forgery difficult.” The new licence, he added, had extra security marks, such as ghost portrait and overlapping data. Holders of old but valid driver’s licences were given one year grace period to key into the new process.
At the launch of the new licence and number plate scheme in 2010, former President Jonathan said the programme also included “the immediate implementation of the Driving Schools Standardisation Programme (DSSP) that stipulates that only accredited driving schools must sponsor all fresh applicants for driver’s licence. “Also a new regulatory regime of mandatory test and continuous drivers training has been introduced for commercial drivers.”
The DSSP was established and launched in May 2010 to standardise and create uniform standard in driver education and training provided by driving schools.
The programme was believed to have been fashioned after the United States of America (USA) Graduated Driver Licence (GDL) scheme, which helped in reducing the rate of road crashes and fatalities. Though it was launched in 2010, it was not until February 1, 2016 that the DSSP online application came to effect, which allowed driving schools across the 36 states of the federation and Abuja to enrol and update trainee records using their usernames and passwords.
And by August that same year, the FRSC said it had received about 1,103 applications nationwide, for the establishment of driving schools, out of which, 623 had been certified while 480 schools were then awaiting cer-tification.
Also within that same period, the commission said a total of 170,505 applicants had enrolled into the accredited driving schools while 82,086 had graduated.
To seek to run a driving school, the applicant-proprietor is required to provide a certificate of incorporation from Corporate Affairs Commission (CAC), a classroom/administrative office, roadworthy vehicle(s) for driving instructions (dual control), licensed driving instructor(s), course manual, highway code, traffic laws/regulations handbook, first aide facilities, openspace driving range and computer/ mobile device with internet capabilities.
Kazeem described the DSSP as a success, adding that “before now, new applicants of driver’s licence don’t attend driving school, but with the DSSP and the portal designed by the present FRSC management, it is now compulsory that you must go through an accredited driving school before you can apply for new driver’s licence. Secondly, the driving schools registration of applicants has been interfaced with the DSSP portal.”
The FRSC had boasted that “if this portal is allowed to work as designed, no fresh application of driver’s licence can be done without having to go through a driving school approved by the Federal Road Safety Commission under the Driving School Standardisation Programme (DSSP).” Both renewal and application for the new driver’s licence are now done online.
FRSC said only applicants from 18 years and above are qualified to possess its driver’s licence. Those seeking to renew their licences will apply online at www. nigeriadriverslicense.org, or he/ she goes in person to a Driver’s Licence Centre (DLC) with his old licence, where a printout would be generated for payment of prescribed fee at designated banks.
The payment slip and application form will be presented to the Board of Internal Revenue (BIR) Officer and Vehicle Inspection Officer (VIO) at the DLC for endorsement. Thereafter the applicant proceeds to the FRSC office at the DLC for biometric data capture.
He/she will be issued with a temporary driver’s licence valid for 60 (now about 30) days before the original will be ready for collection at BIR office. Applicant for new a licence is to attend training at an accredited driving school for a specific period of time (usually 26 days marked attendance).
The school will then take the applicant to VIO for a driving test, if successful, the applicant will be issued with a certificate of proficiency by the VIO. He/she now undergoes the same process of completing a driver’s license application form at DLC, pay the licence fee online or at the bank, and other processes like those for renewal.
Most applicants complained that the authorities have made the process cumbersome with too many procedures, hence the resort to other means by some applicants to get it done faster. The FRSC defended this. It agreed that the process may look tedious or long, it was aimed at preventing “the loss of irreparable lives and valuable properties. It is better to be late than to be the late. Life has no duplicate.
“This Graduated Driver Licence Programme is being successfully implemented in America with commendable reduction in the rate of road crashes and fatalities.” When the former Minister of State for Labour, James Ocholi, his wife and son died in a motor accident on Kaduna-Abuja highway on March 6, 2016, the FRSC quickly disowned Mr. Taiwo Elegbede, the driver of the ill-fated vehicle. Corps Marshal, Boboye Oyeyemi, told President Muhammadu Buhari that Elegbede, was not an FRSC licensed driver because he was not captured in the commission’s database. Kazeem was further to explain that Elegbede had no driver’s licence record with the commission.
He said: “Elegbede is not captured in our driver’s licensing data, so the licence he claimed to have expired must be a fake one. “Our licence procedure includes physical presence and biometric capturing of applicants which is permanently stored in our data bank, for the purpose of verification. “We always tell members of the public to visit our licensing centres spread across the country and desist from patronising touts while applying for their driver’s licence.
“Elegbede cannot be called a competent driver if he does not have a genuine driver’s licence, which he can only acquire showing mastery of basic driving principles.”
The commission said Elegbede, who was hospitalised after the accident, would be prosecuted immediately he was discharged. It is nearly two years after the incident and the FRSC has not said anything about his fate. Kazeem told New Telegraph that “FRSC has always prosecuted motorists with fake driver’s licences. It is a continuous thing. We use relevant agencies to get defaulters prosecuted.”
He was however, silent on Elegbede’s case.
The Corps Marshal, Oyeyemi, admitted that the commission was aware of “the antithetical behaviour” of some proprietors of the driving schools, which include enrolling more than what their facilities could take, multiple logins by driving schools who gave their passwords and usernames out, driving schools updating vehicles that are not branded for training and updating training records for trainees without practical training for 26 sessions before generating a driving school certificate with a unique code which confirms its authenticity.
Apart from this, Kaazeem said there were also the problems of “lack of proper basic learner drivers’ training (and) incomplete mandatory training hours,” as well as touts at various licensing centres issuing fake certificates to untrained drivers, absence of reliable database for all driving schools, lack of records of all drivers trained by driving schools, and uniform driving programmes.
To curb the trend, the commission said it had decided to modify the DSSP web application to allow single login; pegging the application to allow driving schools to train based on the facilities they have. In this case, the corps only allows the use of one vehicle and one instructor to train eight persons per day, or two vehicles and two instructors to train 16 persons per day, etc. It also said there is a mechanism of ensuring that trainings were not backdated.
The Corps Public Education Officer disclosed that the monitoring team included the state committee on DSSP comprises state VIO, representatives of Commissioners for Work, sector commanders, training officers and members of driving school association. “However those who are found wanting are sanctioned. Presently over 30 driving schools have been blacklisted.
“The monitoring mechanism put in place is effective, because it is all the stakeholders at the state and grassroots that does monitoring regularly,” he added.
The American licensing system, which many believed the DSSP was modelled after, has three stages – learner’s permit stage, intermediate stage and full licence stage. This is a graduated process whereby advancement to the next stage is dependent on the certification and the passing of the standard test. For instance, a trainee driver on learner’s permit stage category in an approved driving school must have driven for a period of not less than six months, under supervision before he or she could move to the next stage.
Again, the trainee must have driven for not less than 50 hours without committing any traffic offence “or at-fault accident.”
This qualifies him or her to advance to the intermediate stage where the trainee can drive without supervision, but restricted from driving at late night. He/she will, however, continue to attend driving school classes.
The final stage, which is the full licence stage, is only achieved after meeting both the learner’s and intermediate stages, and with “satisfactory evidences of attendance at the approved driving school”. Compare this to the Nigerian system with just 26 days of training programme and you will not be far from the reasons why there is high accident rate in the country.
Surprisingly, Nigerian driving school was ready to graduate a student after one week training. The highest period a training programme could last, according to “syllabus” from one of the driving schools in Abuja, is four weeks.
There are allegations that some of these schools were established by FRSC officials. Kazeem however, denied this but said he was aware that “some retired FRSC staff have established driving schools and before they are accredited, they go through the process as others”. Last December, FRSC said there was an increase in the number of accidents nationwide, resulting in a total of 676 road crashes in October alone.
This, according to the corps marshal, was an 11 per cent increase compared to the previous month. The statistics shows that out of 4,902 people involved, 377 deaths were recorded while 2,351 persons sustained various degrees of injured.
Curiously, the FCT, the seat of government, recorded the highest number of traffic crashes with 67 cases involving 413 persons, out of which 127 sustain injuries, while 20 persons died. “Kaduna, Nasarawa, Nigeri, Ondo and Bauchi States, followed with relatively high records of crashes with 47, 43, 42, 34 and 32 cases respectively,” Oyeyemi added.
According to him, 377 deaths recorded amount to a-27 per cent increase compared to the previous month with Sokoto State recording the highest number of 38 deaths, while Kogi State had 24 with Kaduna and Oyo states, 23 each while Yobe State recorded 22 deaths. The corps marshal attributed the cause of most of the accidents to speed violation, which he said accounted for 403 cases, representing 51.8 per cent.
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