10 Rules For A Newbie At The Workplace

I was surfing the web lately and I came across this useful guide for new employees.

1. Be presentable. Dress smartly, keeping in tone with the overall dress code of the office. There is no need to be dowdy or plain, but wait before you bring out the miniskirts or cut-off jeans. “The first impression is the most crucial one. Your clothes, hair, shoes, bag must all be presentable,” says Sandhya. “The first few days of the job are spent in meeting with department heads and senior colleagues, so you must be well groomed at all times.”

2. Wait to be assigned a work station. Most offices scramble to get a work station ready after the new joinee has already entered the building. However, if a work station is being readied for you, politely ask the department in-charge for a temporary place to sit. Do not express annoyance if a permanent seating arrangement is not worked out for days. You are the new person there, so throwing your weight about, even if justified, will be seen in a poor light.

3.Keep your desk clean. We are allowed to be messy at home, but it is just bad manners to be messy at work. A new joinee’s workstation is expected to be tidy at all times. You will have to give it a fair bit of time before you ‘claim’ your space with photographs and cheerful posters and unwashed coffee mugs. Especially since most of us share a desk with colleagues, we should be very careful to see that our stuff does not inconvenience others. Be sure to clear your desk before you leave.

4. Don’t keep your eyes on the clock all the time. The entire office will surreptitiously watch to see what time you start packing up to go home. “It is an unwritten rule that the newest person waits for a few minutes after the last person to head home, at least for the first few days. Once the office becomes familiar with you, you can start leaving with the rest of them,” Sandhya advises. However, it is a good idea to finish the day’s work before leaving. Just because others in the office can afford to put off work, it doesn’t mean you can.

5. Understand your work from the right people. Your key responsibilities, the chain of command you have to follow, who you must report to and who should report to you – you will have to understand these as soon as possible. This will ensure that you follow the office’s rules and don’t inadvertently step on any toes. Also, any mistakes you make will reflect poorly on you, though your seniors might be a bit lenient in the beginning.

6. Don’t gabble. In a bid to be friendly and gloss over their nervousness, some new joinees talk endlessly with their colleagues and try to get themselves included in conversations. This is a strict no-no. You should ideally listen more in the first few days of work and never venture an opinion unless asked to do so.

7.Make friends without being pushy. Nobody can survive for long if forced to work alone, but take your time before you attach yourself to the nearest group. Be friendly and willing to chat with colleagues, but don’t hint that you would like them to invite you for lunch or shopping dates. “At the magazine where I worked, all the girls already had their own groups, so it was tough for me to be included,” says Monica Kakkar, stylist. “For the first month, I ate alone in the canteen.”

8.Don’t come across as desperate for companionship, and don’t invite yourself into a group. “Always wait to be invited, and when the invitation comes, accept graciously and without surprise,” says Sandhya.

9. Don’t join in the gossip. So your colleagues are gossiping about the boss, and you want to join in – but don’t. It is very tacky for a new person to join in or contribute to gossip. Be sure to make friends in the office and hang out with people you can trust before you start gossiping.

10. Be sincere but not a doormat. It is a normal tendency for senior colleagues to dump a lot of work on the new joinee, because they know that he or she is too new and inexperienced to protest. Do the work maybe once or twice, but if you see a pattern emerging, politely refuse to take on work that is either not your responsibility or something that can be done later or not at all. This will set a boundary in the early days of your work with the company. Never take on work just to please your colleagues or to create a good impression with the boss.

Source: http://thetrentonline.com/10-rules-newbie-work/

Why Companies Are Not Paying Dividends – Analysts

Stock market analysts have said that the reason why many quoted companies are not paying dividends as at when due to shareholders is because of the tough business environment in which they operate. About 28.13 per cent of the 192 companies listed on the Nigerian Stock Exchange (NSE) have not paid dividends in the past five to 15 years. According to the Managing Director of Lambert Securities Limited, Mr. David Adonri, “When investors invest, they expect to earn income from their investment. Dividend is the major income expected. Therefore, dividend forecast plays an important role in determining demand for company shares”. He pointed out that companies pay dividend from profit or in rare cases from reserve. Dividend policies also guide the amount of dividend usually paid by companies. He said that several companies are unable to pay dividends because of losses or re-injection of profit into expansion. Other experts adduced policy changes of government as reason who some companies are finding it tough to be profitable citing unstable monetary and fiscal policies by government. LEADERSHIP Sunday investigation revealed that 54 companies spread across different sectors of the NSE have not been paying dividends with some of them yet to pay dividends for over 10 years. Under the Alternative Securities Market (ASeM) out of the 10 companies listed on the sector, seven have not paid dividends to their shareholders. Livestock Feeds Plc listed under Agriculture sub-sector paid dividend last in 2001, while John Holts Plc under Conglomerate sub-sector paid dividend last in 2005. Under the Construction/Real Estate sub-sector, Arbico Plc and Cappa & D’Alberto paid dividend last in 1998 and 2008 respectively. The Beverages-Brewers/Distillers sub-sector, for instance, of the seven quoted companies, three have not paid dividend for up to 15 years. According to information gleaned from NSE daily equity page by LEADERSHIP, Champions Breweries Plc last paid dividend in 1986; Golden Guinea Breweries Plc, 1997; and Premier Breweries Plc, 1995.

Personal Income tax vs. Residency

Personal Income Tax Law And Residency Debate.

Some neighbouring states in the country have been at loggerhead over who should collect personal income tax of workers. Should it be state where such workers reside or the state where they work?

OLUGBENGA SOYELE examines the issue The recent drop in the monthly revenue allocations from the federal government to the 36 states of the federation has no doubt affected the finances and smooth-running of various states and this has compelled most states government to embark on other measures to aggressively grow their Internally Generated Revenue (IGR) by implementing tax laws. However, this renewed drive for increase in revenue generation is not without its controversy particularly over which State Government is the relevant tax authority authorised to collect Personal Income Tax (PIT) where the tax payer resides in one State but works in another, or where the tax payer works in more than two States, during each year of tax assessment. In Nigeria like other parts of the world, many people live in a particular state and work in other states because of a combination of reasons including: close proximity to their place work, low cost of accommodation and opportunity for improved living standards. States that have these peculiarities in the country are Lagos and Ogun, Rivers and Abia, FCT; Niger and Nassarawa,  Ondo and Ekiti, Oyo and Osun, Anambra and Delta. A common example is the case of some civil servants residing in neighbouring states such as Nasarawa and Niger states but who earn their meal tickets in ministries, government agencies and parastatals in Abuja, the Federal Capital Territory. The situation is the same in Lagos and Ogun as most residents of Agbara, Akute, Agbado, Alagbole, Sango, Ojodu-Isheri , Ibafon and Mowe, which are all towns in Ogun State, work in Lagos. Though the controversy over the payment of PIT to the state where one resides other than where one works is not entirely a new one because it is statutory, however the recent shortfall in revenue allocation and generation for most states of the federation has opened their eyes to what they are losing to neighbouring states in PIT and the fact that such losses may be enough to carry out massive infrastructural development to improve the living standard of the people. Section 2 (1) (A) and (2) of the Personal Income Tax Act, CAP P8, Laws of the Federation of Nigeria, 2004 (‘’PITA’’) provides that Personal Income Tax shall be paid for each year of assessment on the total income of every individual based on the State where the tax payer resides, in the relevant year of personal income tax assessment, and not based on where the individual tax payer works or carries on business. The individuals excluded from the above PAYEE Residency Rule include Itinerant workers, persons employed in the Nigerian Armed Forces and Police other than in a civilian capacity, employees in the Nigerian Foreign Service, residents of the Federal Capital Territory, Abuja and Nigerians residing outside Nigeria but deriving income or profit from Nigeria. With the exception of itinerant workers who work from place to place, all other persons mentioned in this exception to the Residency Rule are obligated to fulfil their tax obligations to the Federal Government of Nigeria (represented by the Federal Inland Revenue Service). Under the Personal Income Tax Act also, an individual tax payer’s place of residence is the place where such an individual lives or uses as his residence most frequently in Nigeria. A tax payer’s residence does not include his hotel room, vest-room or office place at which he may be temporarily lodging. However, for individuals with multiple residences, Section 32 of the Personal Income Tax (Amendment) Act, 2011 has amended the First Schedule to the principal Personal Income Tax Act – which is on the determination of individual tax payer’s residence – by inserting a new sub-paragraph (d) after paragraph 1(c). The new sub-paragraph 1(d) provides that “in the case of an individual who works in the branch office or operational site of a company or other body corporate, the place at which the branch office or operational site is situated is where payment is made : provided that operational site shall include Oil Terminals, Oil Platforms, Flow Stations, Factories, Quarries, Construction Sites with a minimum of 50 workers, etc.” But despite the provisions of the laws, some questions that arise includes the following: ‘If the residents of Ogun State have been paying their income taxes in Lagos for example, what is the legal implication of switching over to Ogun State? Do the Ogun residents have a discretion in the matter or are they bound by duty to pay the said taxes to the Ogun State Government? What happens in terms of remittances in the case of a company located in Lagos but having some of its members of staff resident in Lagos and some resident in Ogun State? Will Ogun State Internal Revenue Service send demand notices for Pay-As-You-Earn (PAYE) to companies in Lagos having Ogun residents as workers? Other questions are: does Ogun State Internal Revenue Service have a database containing the names of its residents and the outfits employing them in Lagos? Or Is the announcement directed to workers in the informal sector only? In his view a Lagos based legal practitioner, Chukwuemeka Eze said by virtue of section 2 (2) of the Personal Income Tax Act, Cap. P8, Laws of the Federation of Nigeria, 2004 (‘PITA’), it is evident that tax for any year of assessment may be imposed only by the State in which the individual is deemed to be resident for that year, maintaining that, no tax can be assessed on any individual whose residence in a state cannot be proved, stressing that the rules of determination of residence are detailed out in the First Schedule to the Personal Income Tax Act. Eze, who is also a member of the Chartered Institute of Taxation of Nigeria (CITN) further explained that where an individual has more than one source of income; his residence is determined by reference to the first of rules applicable to his circumstances in the order in which they are considered as stated hereinafter. ‘Place of residence’ in relation to an individual means a place available for his domestic use in Nigeria on a relevant day and does not include any hotel, rest house or other place at which he is temporarily lodging unless no more permanent place is available for his use on that day. Also speaking on the issue, Ayodele Otitoju, an Executive Member of CITN, pointed out that personal income tax is meant to be paid to the government of the state where one resides. He explained that whilst this may not have been complied with in some parts of the country, the Personal Income Tax Act stipulates that tax must be paid in the state of residence. He stated further that the only circumstance that may affect this is if such a person resides in a particular state which is not his state of residence for more than 183 days. Under this circumstance, Otitoju noted, the person is obligated to pay his personal income tax to the state where he works if he will have to live there for more than 183 days in a year. He also stressed that for individuals working in corporate organisations where tax is deducted at source, the taxes should be sent to the state where each worker is resident and not jointly to the state where the company is resident. For companies, he noted that taxes ought to be paid in the state where the head office is sited; adding that for such companies that have branches across states, the tax should be paid to the Federal Inland Revenue Service. However, he said such companies can decide to or not to pay taxes in the states where they have branches. As the debate continues, one state that has began to enjoy the benefits derivable from the law is Ogun State. The state has recently succeeded in getting Lagos State Government to remit 20 percent of taxes paid by Lagos workers who reside in Ogun State to the state. The decision by the Lagos State Government to remit 20 percent of taxes collected from residents in Ogun State who earn their living in Lagos may have marked a new phase in the assessment of Personal Income Tax (PIT) in the country. This debate over the Residency Rule of PITA is not limited to the two states as job opportunities in one state forces many to leave their families in search of greener pastures in other states.

Why Companies Are Not Paying Dividends – Analysts

Stock market analysts have said that the reason why many quoted companies are not paying dividends as at when due to shareholders is because of the tough business environment in which they operate. About 28.13 per cent of the 192 companies listed on the Nigerian Stock Exchange (NSE) have not paid dividends in the past five to 15 years. According to the Managing Director of Lambert Securities Limited, Mr. David Adonri, “When investors invest, they expect to earn income from their investment. Dividend is the major income expected. Therefore, dividend forecast plays an important role in determining demand for company shares”. He pointed out that companies pay dividend from profit or in rare cases from reserve. Dividend policies also guide the amount of dividend usually paid by companies. He said that several companies are unable to pay dividends because of losses or re-injection of profit into expansion. Other experts adduced policy changes of government as reason who some companies are finding it tough to be profitable citing unstable monetary and fiscal policies by government. LEADERSHIP Sunday investigation revealed that 54 companies spread across different sectors of the NSE have not been paying dividends with some of them yet to pay dividends for over 10 years. Under the Alternative Securities Market (ASeM) out of the 10 companies listed on the sector, seven have not paid dividends to their shareholders. Livestock Feeds Plc listed under Agriculture sub-sector paid dividend last in 2001, while John Holts Plc under Conglomerate sub-sector paid dividend last in 2005. Under the Construction/Real Estate sub-sector, Arbico Plc and Cappa & D’Alberto paid dividend last in 1998 and 2008 respectively. The Beverages-Brewers/Distillers sub-sector, for instance, of the seven quoted companies, three have not paid dividend for up to 15 years. According to information gleaned from NSE daily equity page by LEADERSHIP, Champions Breweries Plc last paid dividend in 1986; Golden Guinea Breweries Plc, 1997; and Premier Breweries Plc, 1995.

Personal Income tax vs. Residency

Personal Income Tax Law And Residency Debate.

Some neighbouring states in the country have been at loggerhead over who should collect personal income tax of workers. Should it be state where such workers reside or the state where they work?

OLUGBENGA SOYELE examines the issue The recent drop in the monthly revenue allocations from the federal government to the 36 states of the federation has no doubt affected the finances and smooth-running of various states and this has compelled most states government to embark on other measures to aggressively grow their Internally Generated Revenue (IGR) by implementing tax laws. However, this renewed drive for increase in revenue generation is not without its controversy particularly over which State Government is the relevant tax authority authorised to collect Personal Income Tax (PIT) where the tax payer resides in one State but works in another, or where the tax payer works in more than two States, during each year of tax assessment. In Nigeria like other parts of the world, many people live in a particular state and work in other states because of a combination of reasons including: close proximity to their place work, low cost of accommodation and opportunity for improved living standards. States that have these peculiarities in the country are Lagos and Ogun, Rivers and Abia, FCT; Niger and Nassarawa,  Ondo and Ekiti, Oyo and Osun, Anambra and Delta. A common example is the case of some civil servants residing in neighbouring states such as Nasarawa and Niger states but who earn their meal tickets in ministries, government agencies and parastatals in Abuja, the Federal Capital Territory. The situation is the same in Lagos and Ogun as most residents of Agbara, Akute, Agbado, Alagbole, Sango, Ojodu-Isheri , Ibafon and Mowe, which are all towns in Ogun State, work in Lagos. Though the controversy over the payment of PIT to the state where one resides other than where one works is not entirely a new one because it is statutory, however the recent shortfall in revenue allocation and generation for most states of the federation has opened their eyes to what they are losing to neighbouring states in PIT and the fact that such losses may be enough to carry out massive infrastructural development to improve the living standard of the people. Section 2 (1) (A) and (2) of the Personal Income Tax Act, CAP P8, Laws of the Federation of Nigeria, 2004 (‘’PITA’’) provides that Personal Income Tax shall be paid for each year of assessment on the total income of every individual based on the State where the tax payer resides, in the relevant year of personal income tax assessment, and not based on where the individual tax payer works or carries on business. The individuals excluded from the above PAYEE Residency Rule include Itinerant workers, persons employed in the Nigerian Armed Forces and Police other than in a civilian capacity, employees in the Nigerian Foreign Service, residents of the Federal Capital Territory, Abuja and Nigerians residing outside Nigeria but deriving income or profit from Nigeria. With the exception of itinerant workers who work from place to place, all other persons mentioned in this exception to the Residency Rule are obligated to fulfil their tax obligations to the Federal Government of Nigeria (represented by the Federal Inland Revenue Service). Under the Personal Income Tax Act also, an individual tax payer’s place of residence is the place where such an individual lives or uses as his residence most frequently in Nigeria. A tax payer’s residence does not include his hotel room, vest-room or office place at which he may be temporarily lodging. However, for individuals with multiple residences, Section 32 of the Personal Income Tax (Amendment) Act, 2011 has amended the First Schedule to the principal Personal Income Tax Act – which is on the determination of individual tax payer’s residence – by inserting a new sub-paragraph (d) after paragraph 1(c). The new sub-paragraph 1(d) provides that “in the case of an individual who works in the branch office or operational site of a company or other body corporate, the place at which the branch office or operational site is situated is where payment is made : provided that operational site shall include Oil Terminals, Oil Platforms, Flow Stations, Factories, Quarries, Construction Sites with a minimum of 50 workers, etc.” But despite the provisions of the laws, some questions that arise includes the following: ‘If the residents of Ogun State have been paying their income taxes in Lagos for example, what is the legal implication of switching over to Ogun State? Do the Ogun residents have a discretion in the matter or are they bound by duty to pay the said taxes to the Ogun State Government? What happens in terms of remittances in the case of a company located in Lagos but having some of its members of staff resident in Lagos and some resident in Ogun State? Will Ogun State Internal Revenue Service send demand notices for Pay-As-You-Earn (PAYE) to companies in Lagos having Ogun residents as workers? Other questions are: does Ogun State Internal Revenue Service have a database containing the names of its residents and the outfits employing them in Lagos? Or Is the announcement directed to workers in the informal sector only? In his view a Lagos based legal practitioner, Chukwuemeka Eze said by virtue of section 2 (2) of the Personal Income Tax Act, Cap. P8, Laws of the Federation of Nigeria, 2004 (‘PITA’), it is evident that tax for any year of assessment may be imposed only by the State in which the individual is deemed to be resident for that year, maintaining that, no tax can be assessed on any individual whose residence in a state cannot be proved, stressing that the rules of determination of residence are detailed out in the First Schedule to the Personal Income Tax Act. Eze, who is also a member of the Chartered Institute of Taxation of Nigeria (CITN) further explained that where an individual has more than one source of income; his residence is determined by reference to the first of rules applicable to his circumstances in the order in which they are considered as stated hereinafter. ‘Place of residence’ in relation to an individual means a place available for his domestic use in Nigeria on a relevant day and does not include any hotel, rest house or other place at which he is temporarily lodging unless no more permanent place is available for his use on that day. Also speaking on the issue, Ayodele Otitoju, an Executive Member of CITN, pointed out that personal income tax is meant to be paid to the government of the state where one resides. He explained that whilst this may not have been complied with in some parts of the country, the Personal Income Tax Act stipulates that tax must be paid in the state of residence. He stated further that the only circumstance that may affect this is if such a person resides in a particular state which is not his state of residence for more than 183 days. Under this circumstance, Otitoju noted, the person is obligated to pay his personal income tax to the state where he works if he will have to live there for more than 183 days in a year. He also stressed that for individuals working in corporate organisations where tax is deducted at source, the taxes should be sent to the state where each worker is resident and not jointly to the state where the company is resident. For companies, he noted that taxes ought to be paid in the state where the head office is sited; adding that for such companies that have branches across states, the tax should be paid to the Federal Inland Revenue Service. However, he said such companies can decide to or not to pay taxes in the states where they have branches. As the debate continues, one state that has began to enjoy the benefits derivable from the law is Ogun State. The state has recently succeeded in getting Lagos State Government to remit 20 percent of taxes paid by Lagos workers who reside in Ogun State to the state. The decision by the Lagos State Government to remit 20 percent of taxes collected from residents in Ogun State who earn their living in Lagos may have marked a new phase in the assessment of Personal Income Tax (PIT) in the country. This debate over the Residency Rule of PITA is not limited to the two states as job opportunities in one state forces many to leave their families in search of greener pastures in other states.

More readings on the Nigeria Anti-gay law

Who’s Human Right Protection: The Nigeria Anti-Same Sex Legislation Or The United State Abortion Law? By Kayode Ajulo, Esq.

The right of every nation state to make internal legislation without interference from others is recognised under international law. This right defines the relationship that exists between international law and domestic legal systems and, more specifically, determining which law has priority. With particular reference to the recently Anti-Same Sex legislation recently signed into law by the Nigeria’s President, H. E. Dr. Goodluck Jonathan that has called for wider condemnation by the western Nations, I cannot deny my personal anguish, because it sets two legal disciplines to which I am subjugated – both setting one against the other and to which both disciplines offer contradictory answers in contention. On one hand the more I choose to sympathize with the position that assigns priority to international law in view of my present interest in constitutional law, I am also inclined on the other hand to respect the priority of a national constitution in any legal system and to recognize international law as superior to all laws except the constitution[1] of which the Constitution of Federal Republic of Nigeria[2] is one. I must admit that neither of these opposed theories seems conclusively superior to the other. Empirical observation is conclusive of the fact which tend to suggests that national judicial systems resist harmonious subordination within an international legal framework and for this reason it is not surprising that Charles Rousseau recognises the fact that it is difficult to find in international practice anything to confirm either the supremacy of international law or that of the domestic juridical order[3]. For the most part of the centuries, constitutional law scholars have ignore these conflicts and focused more on the domestic juridical system and have persistently opined on the proposition that the constitution holds primacy over all existing law[4]. In few instances that they have scrutinized this relationship[5], they clearly assign priority to domestic laws[6]. With the establishment of supremacy in laws[7] into the significance and depth of the controversy surrounding Anti-Same Sex legislation in Nigeria certain facts of importance calls for legal clarification in other to justify this legislation. Same Sex As A Seperate Claim To Exercise Of A Right In Fundamental Human Right, The United State Human Right Law And States Abortion Law In Perspective. Save and except the supremacy of domestic laws in support then a violation of Same Sex right must come under the ambit of fundamental human right laws which already has international protection in the area of discrimination and association. Same Sex cannot legally be a right to be entrenched in fundamental human right because it is not all encompassing to qualify as a right on its own but wrongs committed against  Same Sex may accrue to them some legal remedy which are subject to exercise of a domestic law. For example in the United State, the government made possible the requisite ratifications for the human right. Convention to enter into force then did not ratify it. One of the principal reasons for that failure to ratify was the conflict between the Convention and the statutes of several states of the United States. Article 4(1) of the Convention protects the right to life, and adds that "[t]his right shall be protected by law, and, in general, from the Moment of conception’[8]. The situation then just like the Same Sex legislation in Nigeria which now conflict with America’s that have established a woman's right to an abortion without medical or legal justification in clear and outright violation of the fundamental human right to life. The right to an abortion is presently a very controversial subject in the United States and to which non is involve in their domestic which should be reciprocal.  The arguments on both sides are couched in strong religious terms just like the Gay issue in Nigeria and the only way to resolve this is a Federal Law like the position that’s now taken by the Nigeria government. Like in the United State situation,  the frailty of  attempts to give priority to international law when confronted  by an  immediate  reality of  internal legal controversies is akin to the same situation faced in the Nigeria that necessitated the Anti-Same Sex law passed based on domestic circumstances and free from others interference. Encountered with the United States situation of abortion and the Human right preservation of life side aside Anti-Same Sex Legislation in Nigeria and America’s condemnation of the Nigeria Government, I cannot do less than to conclude by recalling the words of Konrad Lorenz who, after extensive study of animals, was able to develop a number of profound observations on mankind that if -  "man is not by nature as bad as the Book of Genesis affirms. . . he is not as good as our modern life demands[9]’’. Whether a nation state that is a signatory to international accepted principles can make legislation that may tend to violate those principles in my view will be conflicting and raise serious grounds of questioning. In my opinion the ratification of the Convention implies acceptance of the obligation to guarantee the exercise of all the rights recognized by it. By accepting this obligation, the state assumes the duty to harmonize its domestic legislation with the norms of that Convention. Same Sex As An Aspect Of Morality Or Fundamental Human Right – The Conflict Of Fact Or Of Law? Same Sex parse is an agitation just like the women’s rights agitated under feminism based on claims of certain attributes which the law never took cognisance in order to make informed decisions like this present law that is not informed because it failed to take into account those attributes of gay people brought about by variance in their hormones. However this may be true, the question now will be to what extent or relevance are this claim to a justification by most criminals who are punished for crimes as a result of the imbalance in their hormones to justify their crimes? The Balance To An Informed Law Making Process And Outcome With Respect To Anti-Same Sex Legislation In Nigeria – My Personal Opinion And Recommendation. The balance here as well as what is the solution would have been a law in form of regulations of Same Sex activities in public domain. Regulations: Regulation in the form of forbidding the exhibition of such act in public glare in order not to contaminate others whom due to their religious believe or other sentiments it may be offending. This was the case in Europe over restriction placed over the smoking of cigarette in public places as against a total ban. Akin to this is the issue of having sex in public glare which is prohibited as it may be offending to others. Penalty For Violating Regulations: Penalty for violation of same may be an on the spot fine to culprits or a charge to court to offer an explanation to the judge for breaking the law which in most cases may incur a fine in court or an order for imprisonment depending on the merits of each case. Legal Implication Of Same Sex Legislation In Nigeria: As a safety tip against flouting international law on human right to which Nigeria is a signatory, a similar situation should be have been envisage as the balance to be legislated in adherence to fundamental human right that is now being subjected to international condemnation by the same people whose domestic laws on abortion contradicts the right to life. The unreasonableness of Same Sex law in Nigeria is only traceable to its conflict with domestic laws of other countries condemning same and not that such law is international entrenched as part of human right is itself condemnable. Save and except the position is change and made to reflect the present reality as advised above in the balance by way of regulation then every gay must continue to challenge every violation in Nigeria under the international human right law or face the consequences of the law. Sampled Opinion From Nigerians On Gay Legislation: On a random censorship of 5000 people questioned by Egalitarian Mission Africa: 4778 – Are in support 216 – Are indifference     6 – Are against On a balance of scale or in line with taking censor, the balance of vote count in favour of the majority of those against as against those in support. The only condemnation of the Legislators is in the area of being biased and one sided because for its failure to sample opinions from different quarters and more so that in arriving at their conclusion, gays are not invited to participate in deliberation in order for the law to have a wider acceptance, the law were deliberated, voted and passed by those who themselves are not gay or those objecting to gay or those whose opinion may have been formed out of their religious believes without having consideration as to other reasons of importance. The issue of Same Sex is for me a form of sickness as well as lifestyle. One doesn’t have to agree with it to accept it as normal as it between individual and for those that are standing either on the right or left of this issue are all right and wrong at the same time. There is the need for full understanding of the phenomenon and the need to protect the generality of the public that cant stand it. The same way the anti-smoking law is promulgated but limited to the private walls. It is therefore necessary deliberation, research and consultations I have taken to stand in the middle, neutral and devoid of eminent controversy except to defend the Constitution of the Federal Republic of Nigeria to wit as well to urge that there should be no celebration of it as the western world is doing or provocation about it as African governments are doing now. Kayode Ajulo Esq. Chairman, Egalitarian Mission Africa Abuja, Nigeria. kayode.ajulo.co@gmail.com   [1]  The constitutional supremacy of State and their right to make for internal legislations free from interference [2]  Constitution of the Federal Republic of Nigeria 1999 [3]  C. Rousseau, DERECHO INTERNACIONAL PUBLICO 15 (1966). [4] See, e.g., I. BURGOA, I DERECHO CONSTITUCIONAL MEXICA No 342-47 (1973); P. Bis- CARETI DI RUFFIA, DERECHO CONSTITUCIONAL 144-55 (1973); L. SANCHEZ AGESTA, PRINCIPIOS DE TEORIA POLITICA 329-85 (1976). [5] relationship between constitutional and international law [6] See V. PEREZ SERRANO, TRATADO DE DERECHO POLrrIco 73 (1976). [7] supra [8] G. GURVITCH, SOCIOLOGIA DEL DERECHO 269-71 (1945). [9]  Geck, The Coificationo f InternationalL aw in the United Nations.- Promoting and Obsruncting Factors and their Results, 17 LAW AND STATE 21-44 (1978). Last StoryNext Story Comments 0 comment(s) Post a comment Full Site Contact Us    © 2006-2013

Cyvercrime bill: Let's see how well it sails

Jonathan sends Cybercrime Bill to Senate Daily Independent, President Goodluck Jonathan on Tuesday forwarded Cybercrime Bill to the Senate to be enacted into law to so as to eradicate internet fraud in the country. Jonathan in the bill titled, “Cybercrime Bill, 2013”, which was routed through the Senate President, David Mark, urged to the members of the upper legislative chamber to consider its enactment into law. “I hereby introduce for formal consideration and enactment into law by the Distinguished Senate of the Federal Republic of Nigeria, the Cybercrime Bill, 2013.” The President however, did not give details in the letter properties of the proposed bill and the punishments that would be meted out to those found culpable. It would be recalled that Adegbenga Kaka, representing Ogun East Senatorial District, had presented a bill seeking to regulate the electronic transfer of funds, and how to stop the misuse of the internet, which in other countries is used for development. and growth of the various communities. The bill introduced July 28, 2011, was targeted at curbing the activities of internet scammers, who always give the country bad name, both locally and internationally. However, as a result of the criticisms that trailed the bill, especially, Section 13 (3) by the social media, which stipulated seven-year term for those that give information, but later discovered to be false, the senate decided to expunge the controversial aspect. The section stipulated that those that intentionally give false information that could threaten the security of the country or capable of inciting the public against government through electronic message to be sentenced to seven years imprisonment. Senator Kaka, while briefing journalists, said, “Following the public hearing, which was held after the second reading, the Section 13 (3) of the provision was taken exception to by the social media. “And since the bill is now in the public, I decided to consult with the Senate Committee Chairmen on Information and Judiciary, and after consultation we resolved that Section 13 (3) of the proposed bill could be abused at any point in time and could be misinterpreted and as a result, I have their permission to announce to the world that that section shall be deleted. “I thank all those who have made contribution both locally and internationally for the enrichment they have brought into the bill “I want to assure you that I don’t have monopoly of power or knowledge and so we still welcome more suggestions and debates that can further enrich the bill so that it will be to the overall interest of the country. “The bill is targeted against the misuse of the internet which in other countries is used for the development and growth of the various communities and in our own case, it was an attempt to curb the activities of internet scammers who always give us bad name both locally and internationally. “Section 13 (3) of the bill states that anyone who intentionally propagate false information that could threaten the security of the country or that is capable of inciting the general public against the government through electronic message, shall be guilty of an offence and upon conviction, shall be sentenced to seven years imprisonment or N5 million fine or both.”