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Editorial

Homophobia: subtracting ruse from razzmatazz

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By Ernest Ogezi

It’s present-day Nigeria and a chorister has decided to join the Catholic seminary to become a priest. On one of his services as a seminarian he is caught by the Parish priest in bed with a boy, he is gay! Wow! Except that he was never gay, he was just set up by a girl frustrated that he had always turned down her advances. But the magnitude of culture shock was quantum. All of a sudden, this young man found that the world was way smaller than he’d ever thought. Sent away from the church, ostracized by his conservative family and living in a little Nigerian village with unforgiving social dynamics, it was little wonder he took his own life just as the truth finally came out. The good news is that this is a plot from a Nollywood movie. But what is the difference, really?

The real-life version of this tale could be riddled with violence and may end up in the lynching of the said young priest. The family of the accused priest will suffer instant perdition. People will avoid them like the pandemic; the priest, if left alive, will suffer consistent and repetitive physical, verbal and mental abuse. I imagine that conservative communities will be less magnanimous to the plight of homosexuals. It is just too confusing for them. This ‘desecration’ could kill off livestock, crops and turn the ‘gods’ on them. From the north to south of Nigeria, homosexuality will be met with a great level of misunderstanding, resistance and brute force.

The situation isn’t that horrible or is it? Well, a Nigerian crossdresser, was given executive treatment one time in Lagos. The young man (or woman) was shooting a skit but he chose the wrong part of town. A neighbourhood with zero tolerance for homosexuality in Lagos. He was manhandled. The rage was real, how dare he?! The veracity of the video clip that went viral soon came into question. The crossdresser himself came online to weep and complain. Whether the event itself was the skit is left for your discretion but better believe that if you are gay you should be careful in Nigeria.

There are celebrity crossdressers in Nigeria and despite the fear of sounding homophobic, a lot of them became celebrities for the ‘minority status’ of the LGBTQIA (Lesbian, Gay, Bisexual, Transsexual, Queer and/or Questioning, Intersex, and Asexual and or Aly) community in Nigeria. Nigeria’s former president Dr Goodluck Jonathan signed the bill prohibiting same-sex relationships and assembly including attendance and membership in gay clubs, societies and organizations. The penalty for contravening the law is 14 years imprisonment; the Nigerian States under Sharia law have a death penalty for the infraction.

That notwithstanding, the population of the LGTBQ community in Nigeria, largely in denial, is large. Asides from facing discrimination, gay people in Nigeria face great healthcare challenges. Hospitals and clinics in Nigeria do not train personnel with the requisite skills for the treatment and cure of gay people. Kits and accessories for the treatment of gay people are also not included in the budget for hospitals in Nigeria. You may have heard of MARPs, most-at-risk-persons, these are people that have the highest proclivity for contracting STDs including HIV. Under this category, there are three main sub-groups disaggregated by lifestyle. They are the MSM, men who have sex with men; FSW, female sex workers; and PWIDs or IDUs, People who Inject Drugs or Injectable Drug Users. The social dynamics that surround people who are under these categories lead to latent but highly significant discrimination against them even as individuals seeking medical care.

But for all this, we must remember that this is Nigeria. Our healthcare system is still grappling with malaria, infant mortality, maternal mortality, Diarrheal diseases and HIV/AIDS. Treatment of grown men and women who have chosen their own sexual orientation seems to be so much of a luxury. The force of society’s denial and the rage with which people would oppose change was seen in 2014 when the British government threatened to withdraw aids from Nigeria if the nation passed antigay laws. The threat was ill-conceived as it spurred the adoption of antigay laws rather than preventing it. As I said before, Nigeria is a country living in plausible deniability.

Perhaps the treatment meted out on gay people in Nigeria is a tad too tough, perhaps! But we are dealing with a conservative society, a society that is strongly opposed to change no matter how enticing it may seem. Religion is a very strong factor in Nigeria. The two biggest religions of Islam and Christianity are strongly opposed to gay interactions. So opposed to it that the Anglican Church in Africa dissociated itself from the rest of the church in terms of its stance on gay marriage and gay priests. Opposing factions have continued to grow in the Anglican church around the world and the case keeps getting more complicated.

Accepting or rejecting gay relationships in Nigeria is more a question of can-do than one of should-do. Can Nigeria even afford to accept gay relationships today? Most probably not but the bookmakers may have you believe otherwise. We live in a country where the number of rape cases across both sexes is grossly underreported, the number of paedophiles is staggering for cultural, ritual and plain perverted reasons but the cases are mostly swept under the rug for fear of the shaming effect of having been abused. Police records give me nightmares. You file a police report today and it gets lost tomorrow. It is that appalling. If gay relationships are legalized, as ideologists insist they should be, what happens to people who will hide under that cover to perpetrate sexual abuse, paedophilia and other extreme sexual violence given the country’s existential realities and policing inadequacies?

Trying to force Nigeria to legalize gay relationships is just another form of neo-colonialism. Maybe the most irritating form. The type that denigrates and relegates the transformation process that a people should undergo to accept social change. The type that believes it can simply hoist upon a people its own ideologies and they are obligated to accept or starve. Both Britain and the USA have had periods in their history when homosexuality was not only criminalized, homosexuals were killed in secret, butchered or lynched. They have transformed gradually from that anarchist and turbulent era in their civilization into refinement. Why can’t we be offered the same opportunity?

Somehow, the repression, so to say, of homosexuals and crossdressers in Nigeria, causes the culture shock that sends them into becoming instant celebrities without any real talent or body of artistic works. What talent does Bobby Risky truly possess or James Brown for that matter? It is just the ruse and razzmatazz that gives them a facelift. But how does a person become a celebrity these days? You may look at the queen of celebrity lifestyle, Kim Kardashian, and give the homosexuals (or crossdressers) in Nigeria a breather.

As popular gay activists and crossdressers or homosexuals continue to gain the media attention to become celebrities, a time is coming when, like all other industries, attendance alone will not suffice but real talent. We can all remember Empire’s Jussie Smollett, the American gay actor who simply wanted more and instead of burning the midnight oil resorted to taking the easy way out. He arranged to be assaulted and when the truth came out, it blew upon his face. The time is coming when one cannot just ride the crest of media attention to become popular as a gay activist, actor, crossdresser or entertainer. It will soon not be enough.

For conservative Nigerians, it isn’t a crime to be conservative or to hold on a little longer to traditional beliefs than the rest of the world. It is in fact, legitimate. The fact that homosexuals are not being lynched on our streets and acceptance of homosexuality as a valid sexual orientation by more Nigerians is a testament that sooner rather than later things may change in Nigeria but we have to be allowed to change things on our own terms.

Until that time comes, we should bother more about the kids that are being sexually abused daily. The impressionable and vulnerable boys who knew no better when perverted paedophiles decided their sexual orientation for them without their consent. We should rework our records so that we can punish and shame perpetrators rather than victims. Can we also have a cloud computing-based record of paedophiles in Nigeria? These things take time, we should be allowed to work with our own timeline rather than the one that is being dictated to us by people who have decided to turn a blind eye on these overt problems or care very little about them.

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Africa

Customs hands over illicit drugs worth N117.59m to NDLEA

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Customs hands over illicit drugs worth N117.59m to NDLEA

The Nigeria Customs Service (NCS), Ogun Area 1 Command, has handed over illicit drugs worth N117.59 million to the National Drug Law Enforcement Agency (NDLEA).

The Comptroller of the command, Mr James Ojo, disclosed this during the handing over of the drugs to Mr Olusegun Adeyeye, the Commander of NDLEA, Idiroko Special Area Command, in Abeokuta, Ogun, on Friday.

Ojo said the customs handed over the seized cannabis and tramadol tablets to the Idiroko Special Command for further investigation in line with the standard operating procedures and inter-agency collaboration.

He said the illicit drugs were seized  in various strategic locations between January and November 21, 2024, in Ogun State.

He added that the illicit drugs were abandoned at various locations, including the Abeokuta axis, the Agbawo/Igankoto area of Yewa North Local Government Area, and Imeko Afton axis.

Ojo said that the seizure of the cannabis sativa and tramaling tablets, another brand of tramadol, was made possible through credible intelligence and strategic operations of the customs personnel.

“The successful interception of these dangerous substances would not have been possible without the robust collaboration and support from our intelligence units, local informants and sister agencies.

“These landmark operations are testament to the unwavering dedication of the NCS to safeguard the health and well-being of our citizens and uphold the rule of law,” he said.

He said the seizures comprised 403 sacks and 6,504 parcels, weighing 7,217.7 kg and 362 packs of tramaling tablets of 225mg each, with a total Duty Paid Value of N117,587,405,00.

He described the height of illicit drugs smuggling in the recent time as worrisome.

This, he said, underscores the severity of drug trafficking within the borders.

“Between Oct. 13 and Nov. 12 alone, operatives intercepted a total of 1,373 parcels of cannabis sativa, weighing 1,337kg and 362 packs of tramaling tablets of 225mg each,” he said.

Ojo said the seizures had  disrupted the supply chain of illicit drugs, thereby mitigating the risks those substances posed to the youth, families and communities.

He lauded the synergy between its command, security agencies and other stakeholders that led to the remarkable achievements.

Ojo also commended the Comptroller General of NCS for creating an enabling environment for the command to achieve the success.

Responding, Adeyeye, applauded the customs for achieving the feat.

Adeyeye pledged to continue to collaborate with the customs to fight against illicit trade and drug trafficking in the state.

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Africa

Ann-Kio Briggs Faults Tinubu for Scrapping Niger Delta Ministry

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Prominent Niger Delta human rights activist and environmentalist, Ann-Kio Briggs, has criticised President Bola Tinubu’s decision to scrap the Ministry of Niger Delta, describing it as ill-advised and detrimental to the oil-rich region.

Briggs expressed her concerns during an appearance on Inside Sources with Laolu Akande, a socio-political programme aired on Channels Television.

“The Ministry of Niger Delta was created by the late (President Umaru) Yar’Adua. There was a reason for the creation. So, just removing it because the president was advised. I want to believe that he was advised because if he did it by himself, that would be terribly wrong,” she stated.

President Tinubu, in October, dissolved the Ministry of Niger Delta and replaced it with the Ministry of Regional Development, which is tasked with overseeing all regional development commissions, including the Niger Delta Development Commission (NDDC), North-West Development Commission, and North-East Development Commission.

Briggs questioned the rationale behind the restructuring, expressing concerns about its feasibility and implications. “But that’s not going to be the solution because who is going to fund the commissions? Is it the regions because it is called the Regional Development Ministry? Is it the states in the regions? What are the regions because we don’t work with regions right now; we are working with geopolitical zones,” she remarked.

She added, “Are we going back to regionalism? If we are, we have to discuss it. The president can’t decide on his own to restructure Nigeria. If we are restructuring Nigeria, the president alone can’t restructure Nigeria, he has to take my opinion and your opinion into consideration.”

Briggs also decried the longstanding neglect of the Niger Delta despite its significant contributions to Nigeria’s economy since 1958. “The Niger Delta has been developing Nigeria since 1958. We want to use our resources to develop our region; let regions use their resources to develop themselves,” she asserted.

Reflecting on the various bodies established to address the region’s development, Briggs lamented their failure to deliver meaningful progress. She highlighted the Niger Delta Basin Authority, the Oil Mineral Producing Areas Development Commission (OMPADEC), and the NDDC as examples of ineffective interventions.

“NDDC was created by Olusegun Obasanjo…There was OMPADEC before NDDC. OMPADEC was an agency. Before OMPADEC, there was the Basin Authority…These authorities were created to help us. Were we helped by those authorities? No, we were not,” she said.

Briggs further described the NDDC as an “ATM for failed politicians, disgruntled politicians, and politicians that have had their electoral wins taken away from them and given to somebody else.”

Her remarks underscore the deep-seated frustrations in the Niger Delta, where residents continue to advocate for greater control over their resources and improved governance.

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Editorial

NITDA Framework on Alternative Dispute Resolution (ADR) for the ICT Sector and the Prospects of Ethical, Time-bound Resolutions

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NITDA

“An ounce of mediation is worth a pound of arbitration and a ton of litigation” __ Joseph
Grynbaum

By Ernest Ogezi

Everyday online transactions within and across international borders continue to
grow in intensity and complexity. The nature of ICT makes the world borderless,
therefore disputes pertaining to trade and Intellectual property rights such as
patents, trademarks, copy-rights – including software – or know-how, can quickly
spiral into complex legal situation. ICT disputes are multifaceted as they are
technical; for this reason, when parties to ICT transactions get involved in
conflicts, the most important thing to do is find a time- and cost-effective manner
to resolve the issues in order to avoid disruption of technology development,
investment and consumer interests. Conventional courts are not often well
equipped to handle the intricacies because conflicts are complex and require
expertise.

Alternative dispute resolution (ADR) mechanisms, including mediation, arbitration
expedited arbitration and expert determination, offer parties and their lawyers high-
quality, efficient and cost-effective ways to resolve their ICT disputes out of court,
especially contractual disputes involving parties from different jurisdictions. Some
important advantages of ADR are neutrality and expertise. In neutrality, ADR
assumes a neutral law, language and institutional culture of all parties, taking away
the home court advantage that would have been enjoyed by parties in court-based
litigation. Expertise borders on achieving high-quality solutions in ICT disputes
where judges may have the relevant knowledge in key areas. Parties can appoint
arbitrators, mediators or experts with specific proficiency in the relevant legal,
technical or business area.

Delay in the resolution of ICT conflicts has the ability of putting a whole project at
risk. This underpins the importance of economically viable and time-bound
resolution of conflicts. ADR mechanisms provide short and specific timelines
which the parties can further adapt. Mechanisms like the expedited arbitration fast-
track actions to achieve even faster solutions. Alternative dispute resolution (ADR)
helps avoid the expense and complexity of multi-jurisdictional legislation and the
risk of inconsistent result by allowing parties to settle in a single procedure.

According to Statista, the number of internet users in Nigeria as at 2020 had
reached 99.05 million. The business ecosystem within the Nigerian cyberspace is
bolstering and a lot of social entrepreneurs are emerging, offering service and
product transactions to a variety of customers or consumers. International online
transactions are also growing in Nigeria. It is inevitable that conflicts will result as
a result of the use of the internet and, Information and Communication Technology
(ICT). But conflicts occur, it is necessary to follow expert, time- and cost-effective
procedure for resolution.

Nigeria’s judicial system is currently ill-equipped to handle disputes relating to
parties in an ICT setting, litigations can be very expensive while judges and
lawyers lack the requisite technical expertise to litigate ICT-related conflicts. This
is what informed the development of the framework on Alternative Dispute
Resolution (ADR) developed by the National Information Technology
Development Agency (NITDA). The ADR Framework defines “ICT Conflict
Prevention” as a body that ensures that conflicts in an agreement or ongoing ICT
projects are identified at an early stage, resolved and prevented from escalating
further. Within the NITDA ADR framework ICT disputes “refers to disagreements
between parties who agreed concerning hardware (computer components and
peripheral devices), software, IT consultancy, cloud services or internet services.”
The elaborate ADR framework also encapsulates the establishment of Online
Dispute Resolution (ODR) platform. The ODR platform is seen as the most
innovative and interesting aspect of the ADR given that it is an online dispute
resolution platform. The ODR platform allows for resolving of ICT disputes online
from filling, neutral appointment of arbitrators, online discussions and rendering of
binding settlements.

The ADR framework has provision for the establishment of a body specialized in
the field of organization and ICT and made up of experts in IT conflict
management that will offer ADR options to resolve and where necessary settle
disputes in ICT related matters. The objectives of the body are:
i. To inform the respondent party about the complaint with the aim of settling
the dispute between parties. The body shall provide an electronic complaint
form to the parties.
ii. To enhance cross border transactions and market integration online while
providing means of resolving disputes where it arises in the course of a
transaction.

iii. To provide the parties and ADR entity with the translation of information
which is necessary for the resolution of ICT disputes
iv. To make online transactions safer and fairer through access to dispute
resolution tools by providing a feedback system that allows the parties to
express their views on the functioning of the ODR platform.
v. To make publicly available general information on ADR as a means of out-
of-court dispute resolution mechanism and to provide information on how to
submit complaints through the ODR platform.

A complaint is valid to the extent that the ICT agreement initially contained
arbitration clause accepting that all disputes should be resolved by the agency or
parties voluntarily consent to applying ADR to resolve ICT disputes. The
complaining party must fill in the electronic complaint form and ensure that the
there is sufficient information as to the cause of the dispute. Data processed
through the electronic complaint form and its attachment must be accurate,
relevant, and not excessive.

The ADR Framework will also incorporate the Data Protection Regulation 2019 in
the access, collection and processing of users for dispute management and
resolution. Strict confidentiality and appropriate technical and organizational
measures to ensure information security within the ADR body and the online
dispute resolution platform.

Through the scope and applicability of the ADR framework NITDA will be able to
resolve all technical, commercial or legal conflicts and apply to disputes on
contractual obligations stemming from hardware and software transactions,
consultancy, telecommunication the internet, online sales and service contracts
between consumers within Nigeria and a trade established in Nigeria using the internet services.

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