Tuesday, August 25, 2020

Corporate Social Responsibility: NBA 2020 CONFERENCE WITHOUT GOV. EL-RUFAI

Corporate Social Responsibility: NBA 2020 CONFERENCE WITHOUT GOV. EL-RUFAI:   NBA 2020 CONFERENCE WITHOUT GOV. EL-RUFAI I want to remind ourselves from the onset of this discourse that there is corporate responsibi...

NBA 2020 CONFERENCE WITHOUT GOV. EL-RUFAI

 

NBA 2020 CONFERENCE WITHOUT GOV. EL-RUFAI

I want to remind ourselves from the onset of this discourse that there is corporate responsibility attached to public offices, sometimes symbolised by taking of Oath of Office. It is partly for this reason that ordinary issue are magnified or receive more attention than necessary. Nigerian Bar Association (NBA) is one of the foremost organised civil society organization in the country with clout and influence recognized by governments at all levels.  The organization is known for its slogan ‘promoting the rule of law’, which encompasses defending the Constitution of the Federal Republic of Nigeria (the grundnorm), the judges, fundamental human right of individuals and hold governments accountable to the people who elected them, as the custodian of the conscience of the nation.

The NBA NEC has the responsibility to organize meetings and conferences whenever necessary.  In so doing a technical organising committee is usually assigned to arrange the logistics and protocols on behalf of NEC before the main meeting and this year’s conference is not an exception even though virtual, which is substantially different from previous ones.

One of the main and invariable features of is nomination/invitation of speakers from broad spectrum of the society.  This year’s speaker happens to include Mallam Nasir El-Rufai, governor of Kaduna state. Intrinsically the organizing committee in their assessment, thought his inclusion would be welcome like other speakers.  But it didn’t because no sooner the name appeared on the proposal list than objections and protests by commentators both lawyers and non-lawyers on various social media platforms went viral, calling for his dis-invitation.

Some of the reasons advanced by these critics include crisis in Kaduna state where the governor is the chief executive with its citizens divided along ethnic and sectarian lines; disobedience to valid court orders; failure to observe the tenets of the rule of law, and most importantly as the CEO, his failure to maintain security and welfare of citizens which are the primary purpose of government.

The NBA President in his letter to the embattled governor explaining reasons for dis-invitation, maintained that these allegations were not ‘judgments’ by the NBA and I so align with that opinion. For governor El-Rufai there is no love lost.  He has an Attorney-General and Commissioner for Justice, therefore no one northerner is justified to cry more than the bereaved.

Without the governor instructing the office, Hon. Aisha Dikko should have asked whether the governor’s right was violated or denied by applying the principle of ubi jus ibi remedium (where there is a right, there is a remedy).  The answer from these commentators/critics, both lawyers and non-lawyers would have been none.  Even if he has any right of invitation, it is revocable or limited like any other legal or equitable right.

It is also on record that, contrary to the principle of fairness, protection/inclusion of minorities and reflection of equitable political balance, his second term election deliberately ensured muslim-muslim ticket removing existing inclusive option of muslim-christain or vice-versa. This arrangement lost sense of belonging due to the Kaduna minorities.

Obviously many can see that there are sensitive issues at stake  with victims of the recent crisis still licking their wounds.  Is this the proper time for the governor to mount the podium on the platform of the NBA after he has been Channels, Youtube, social media and other electronic and print media stating his own case and defence? Who is holding the briefs of the victims and minorities? In my candid opinion, with all these being fresh in our minds it would amount to complacency and insensitivity to add Mall El-Rufai as 2020 conference speaker, in a group known as vanguards of human right for citizens and minorities. This is indefensible and odd for NBA to handle.This, indeed is a difficult moment for the NBA, especially the outgoing and incoming leadership. Members should employ sound reason in handling these issues without allowing sentiments to cloud our decisions because what we have is today, we cannot dictate what the next day can come up with.

Let me now end this discourse with Edmund Burke, an English political philosophy who said: ‘All it takes for evil to triumph is for men of goodwill to remain silent in the times of moral crisis’.

 

Iyke Ozemena Esq

Corporate Attorney/Consultant IKECHUKWU O. ODOEMELAM & CO

#corporateleaders

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Sunday, August 9, 2020

Corporate Social Responsibility: CHALLENGES OF SCHOOLS RE-OPENING

Corporate Social Responsibility: CHALLENGES OF SCHOOLS RE-OPENING:   CHALLENGES OF SCHOOLS RE-OPENING The pandemic called Covid19 brought the entire world into a situation now referred to as the ‘new nor...

CHALLENGES OF SCHOOLS RE-OPENING

 

CHALLENGES OF SCHOOLS RE-OPENING

The pandemic called Covid19 brought the entire world into a situation now referred to as the ‘new normal’. All over the world it became normal for offices, industries, travels, schools to shut down.  For the schools to re-open is not new, however the closure took place at a time it was considered a weapon; one of the prongs of global battle against Covid19.  Before arriving at this decision there were serious debates in various countries.

 

The re-opening also generated similar debates and intellectual, socio-economic and political arguments as to the rationale for doing so.  It is no secret that while the arguments were going on as part of the fundamental rights of freedom of speech, conscience, contribution of citizens towards democracy, students and teachers were attending religious worships, playing sports, participated in socio-economic and political activities, including market places and other activities, none of which showed serious observance of the proclaimed guidelines.

 

The central issued in all these debates and arguments is how many lives would be saved by adopting one argument rather than the other. It is daisy to decide one way or the other. The Centre for Disease  Control (CDC) being the arbiter in the discourse has outlined various guidelines for prevention and control of the spread of Covid19, but the observance and practices are still below set standards even as schools are re-opening.

 

These guidelines are not rocket science.  They include basic hygiene precautions as washing hands with running water.  Use of face mask and maintaining social distance of not less than three metres apart from each other, if you must be in the crowd of religious services, schools, transport, market places and political gatherings.

 

The critical issue now is whether the stakeholders in the educational system are sufficiently sensitized to re-open schools, without raising a new wave of the pandemic?  One has to be specific in answering such question because of the size of the national educational sector – quite huge.  Juxtapose this with the dichotomy between public and private schools. I am not persuaded to go into the divisions among the different private schools and the negative impact they have on decisions in this sector,

 

Since the policy decision has taken off already with induction training on the guidelines, what remains are the concerns so doing raises for parents, students, teachers, para-educational staff and other stakeholders like education NGOs.  One of such concerns is the increase in transport fare induced by the observance of social distancing in various means of transport coupled with the imminent increase in fuel costs.  Also pertinent is the fact that return to school with more passengers at the bus stop might induce shortage of transport facilities.

 

Education is a social service as opposed to economic venture.  Of course no one is blind to the fact that most private schools/institutions operate as pure economic ventures.  Therefore the need for corporate social responsibility (CSR) on the part of state and federal governments with their relevant ministries put on alert throughout the schools exit duration, because it would not be unheard of, if the exercise induces a new wave of the pandemic. God forbid!

 

Iyke Ozemena Esq

Corporate Attorney/Consultant IKECHUKWU O. ODOEMELAM & CO

#corporateleaders

 www.corporateleadersboard.blog.com www.facebook.com/corporateboard amazon.com/iyke ozemena books http://www.amazon.com/dp/B0075RXXLE COMPANY SECRETARIES HANDBOOK 

http://www.amazon.com/dp/B005783S6S DIRECTORShttp://www.amazon.com/dp/B005MKCESY MEETINGS: Dynamics and Legality


Saturday, August 1, 2020

NBA 2020 PRESIDENTIAL ELECTION

NBA 2020 PRESIDENTIAL ELECTION
In spite of alleged agitations the election broke the jinx of the position being the preserve of the

SANs since Clement Akpamgbo SAN of blessed memories stepped into the office in 1991.

Since 2018 election Lawyers have been locking horns over alleged electronic rigging that brought

Paul Usoro SAN to the presidency resulting into protracted antagonism that fueled the

determination of the soul of the bar to up turn a ‘convention’ that was gaining ground that once

SANs mount the podium to announce candidacy for NBA presidential election any other candidate

not a SAN withers away.

In the words of former President Obama ‘change has come to NBA.’ It was a difficult time with the

restrictions of the pandemic. Finally a rare show of courage brought the needed change; It calls for

diligence to sustain the new era;

All hands should be on the deck to realize this.

Barr. Iyke Odoemelam

IKECHUKWU O. ODOEMELAM & CO
Corporate Attorneys/Consultants

Tuesday, July 21, 2020

Corporate Social Responsibility: CRISIS OF CSR IN NDDC

Corporate Social Responsibility: CRISIS OF CSR IN NDDC: CRISIS OF CSR IN NDDC The Niger Delta Development Commission (NDDC) Act of 2000 came into existence with much row after the then Presid...

CRISIS OF CSR IN NDDC


CRISIS OF CSR IN NDDC
The Niger Delta Development Commission (NDDC) Act of 2000 came into existence with much row after the then President Obasanjo declined assent as the legislators vetoed him and passed the bill after 30 days, through s.58(2) of the 1999 Constitution.
The purpose of the Act is Corporate Social Responsibility (CSR) with funding for replenishment of values devastated by the activities of oil exploration in the entire area, and the development of their human and material resources.  It was borne out of years of agitation by victims and moral guilt on the part of governments, after many including the Ogoni nine had paid the supreme price.  The bone of contention was the reckless neglect of the goose that laid the golden eggs versus federal governments that earned $32.6 billion (2018) annual revenue from oil and taxes, accounting for about 65% of  the nation’s GDP.
Interpreting the purposes/causes of NDDC has become controversial as that depends on who you ask to interpret it. Recently the detailed interpretation has become more important than how the huge sums budgeted annually have gone to the realisation of the lofty ideals of development of the area. The other arm of the controversy is how evenly has the commission distributed the resources across the area?
To find answers to these numerous issues many different parameters have been applied i.e size of annual budget against the percentage of implementation; Contracts awarded and  awardees; what formula for distribution of palliatives and disbursements?  All these criteria and more could only be appreciated through the framework of accountability and transparency of operations.
The recent forensic audit called for by the presidency perhaps was induced by the need for accountability and transparency.  The Niger Delta Minister, Senator Godswill Akpabio fired the first shot when he dropped the acting managing director, Joy Nunieh.  The allegations and counter allegations are not for discussion here, but it  triggered off serious eye-brows and publicity on NDDC which has operated several years without , audit of such dimension.
CSR is a management creation.  It is human idea of preserving the economy environment and the vulnerable.  The total budget of the commission since its inception in 2000 according to the presidency sources is ‘at least N15 trillion’.  What have the leaders in the commission achieved in those years with that sum?  Are they commensurate with the fund endowed with the institution?  These questions are not only on the lips of the President and his minister, NDDC Committee Members but also on the lips of concerned Nigerians who voted for their leaders to better their lots.
CSR is not perfect just as its human creator.  But it is a device that has become indispensable part of modern economy, wielding power and influence across the globe.  Accountability and transparency are critical to its survival.  Therefore the role of civil society in order to sustain it and avoid crisis is among other things, to ensure that disbursements go to avowed causes/purposes.
Iyke Ozemena Esq

Corporate Attorney/Consultant 
IKECHUKWU O. ODOEMELAM & CO
#corporateleaders
 www.corporateleadersboard.blog.com www.facebook.com/corporateboard amazon.com/iyke ozemena books http://www.amazon.com/dp/B0075RXXLE COMPANY SECRETARIES HANDBOOK http://www.amazon.com/dp/B005783S6S DIRECTORShttp://www.amazon.com/dp/B005MKCESY MEETINGS: Dynamics and Legality