Editorial
We always had a civilization and history greater than our colonizers; how did they even colonize us?
By Ernest Ogezi
“Great Benin, where the king resides, is larger than Lisbon; all the streets run straight and as far as the eye can see. The houses are large, especially that of the king, which is richly decorated and has fine columns. The city is wealthy and industrious. It is so well governed that theft is unknown and the people live in such security that they have no doors to their houses”
1691: an account of a Portuguese Captain.
Africa is the oldest civilization in the world and humanity’s one true ancestral home. How come the motherland is so poor, plagued by diseases and relegated to global politics? Because we are a people that have tolerated too much, our histories have been distorted and, it seems, all superpowers have to stand on our broad shoulders to achieve global relevance. Nothing is worse than the fictionalization of Africa as a dark place in need of light. Most of the global powers you know have had to exploit the African continent for resources, slave manpower and territory, before rising to supremacy.
The African race is a powerful race that has refused to crack despite all that has been thrown at it. No race can survive and thrive in the form of mental and physical torture the African race has been put through and still exist. Only us. As professor Wole Soyinka put it, “the African continent had gone through the history of hell.”
History has not been fair to the African and most of our most remarkable achievements have been obliterated from history and replaced by travesties. The manipulation of history is so powerful that we have all but forgotten that we had proud empires, chiefdoms, tribes and traditions that were admired by many and envied by all. This is mainly attributed to the works of early Eurocentric historians that held on to the belief that Africa had no history predating the intrusion of European explorers.
British explorer Henry M. Stanley popularized the phrase ‘Dark Continent’ about Africa, contradicting an earlier concession that he had read 130 books on Africa before he left for the mission. The Enlightenment saw Europeans develop new standards and tools for mapping, and instead of consolidating on existing popular maps, many of which had more details, they simply erased lakes, mountains and cities from these maps and ‘discovered’ what Africans had led them to. How is it possible to discover mountains, lakes and kingdoms that existed even before your progenitors were born? But that was exactly what happened.
A Nigerian historian who regards himself as a ‘student of history’, Tersee Shina Kosu, believed that in Nigeria, the history, first bastardized by the Westerners was perpetuated by the political elites. The elites exploited this gap in history to attain their own claim to power. He also opined that the African definition of ethnicity was tainted to keep us pursuing a superficial, moribund sociological ethnic perception designed by amateur anthropologists and ethnographers writing with the biased mind of coming to exploit the African continent.
What would be referred to as standardization of language is a systematic method of inducing the African with ethnocentrism. Standardization of language refers to the consequence of the propagation of ideals including religion and politics. For the British, when the Holy books were translated into indigenous tribes, they were done by selecting the dominant dialect and transforming it into the language of the region. This language is used as the means of communication between the Master and subjects. The prioritization of this tribe over others effectively began the relegation of other tribes within the same locale. In some cases, the elite members of the other tribes began to align with the chosen tribe to the detriment and denigration of their own.
There were an estimated 10,000 independent states in Africa, with distinct cultural and linguistic identities before the arrival of Western colonialists. The oral, archaeological, linguistic and genetic evidence available even up to this day, give credence to the fact that we actually had a history, equally significant or even more significant than those of our colonizers. Even though the history of Africa is challenged by the absence of comprehensive written records or holistic archaeological evidence. This is the reason why alien historians like Trevor-Roper can say “Africa had no history prior to European exploration and before on, that there is only the history of Europeans in Africa. The rest is darkness”, her only history “the unedifying gyrations of barbarous tribes in picturesque but irrelevant corners of the globe.” Hegel followed a similar part to say, “Africa is no historical part of the world; it has no movement or development to exhibit”. To believe these ideologies is to be bereft of common logic: how can a people who had existed millennia before your incursion lack history?
Africa suffered more than any other people in history, for some reason the entire world saw Africa as a ripe place for pillaging. Walter Rodney believed that Africa developed Europe at the same rate that Europe underdeveloped Africa. The trans-Atlantic slave trade lasted for more than four centuries, weighing heavily on Africa and was a precursor to an even more horrible social cleansing – colonialism.
The New Imperialism (or Partition of Africa), a period between 1881 and 1914, formalized the exploitation of Africa for the benefit of Europe. It sanctioned the invasion, occupation, division, and colonization of most of Africa by seven Western European powers. Where Europe only had a formal hold on Africa of 10 per cent in 1870, it gained a 90 per cent hold by 1914. In these years, Africa was robbed naked and the mental institutionalization of White supremacy was actualized. It is only in Africa that the entire world converged to exploit, and in a sense, decide our futures and economic progression on a table we were absent at.
The institutionalization of White supremacy and the allusion of African primitivity, perhaps initially a strategy for occupation and exploitation, became indoctrinated to the extent that this allusion gradually became the norm. Europeans and other Caucasians actually, honestly, began to believe that they were superior to black people. The result has been seen in the manner people of African descent have been treated all around the world. But no result is worse than the way and manner indoctrination has caused Africans to hold a condescending opinion about themselves. In essence, and even for people that are not originally African, there is a loud silence that predicates supremacy by the extent to which your skin tone is closer to the Caucasian hue.
But how truly civilized is the African?
Africans had established their culture, science, navigation systems, and religions long before the Europeans ever did. We did not establish nations like the west, and we did not need to, but African kingdoms had already established trade with Middle Eastern and Asian states for more than two millennia. Ancient African cultures were responsible for developing entire mathematical systems, charting the sun and creating calendars. Africans sailed to South America and Asia long before Europeans did. Africa had more techniques and tools that surpassed Roman technology and great empires, libraries and universities that the Europeans could only dream of.
Africa has been able to exist although it has been pillaged for centuries. The pillaging has not ended up to this day. There are arguably no other continent or peoples that can survive all that has been placed on Africa and still exist. The resources and talents of Africans have built most of the world, including America, although they have not been credited with it. The most important component of our civilization is the fact that we have been able to maintain our humanity. Forced to scramble for a capitalist economy we neither understand fully nor profit from, Africans have remained cheerful in their songs their lives and their art forms. Even though ethnocentrism has been forced upon us, the African is still capable of a pure form of love and a sense of community.
Even as latent forces continue to pull apart the fabric of brotherhood from within, and especially from without, Africa is still here. We are still able to collect ourselves, and when all else is gone, we will still be here. We have inherited the genetic superiority from our ancestors and the superior ability to survive the worst and therefore, we are the perfect example of a truly fit entity that will survive plagues, torments, pillaging and the apocalypse that man has brought and continues to bring upon himself.
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.
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.
Editorial
NITDA Framework on Alternative Dispute Resolution (ADR) for the ICT Sector and the Prospects of Ethical, Time-bound Resolutions
“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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