Posts Tagged ‘Nigeria’

Some Highlights of Nigerian Labor Law Act Cap 198 Relevant for Small Business Owners

April 28, 2017

 

  1. Employees must be paid in cash
  2. Payment by check can only be made with the prior consent of the employee
  3. Employer cannot impose conditions on how or where an employee spends his wages
  4. Any advance on salary cannot exceed one month salary and minimum recovery time is 3 months
  5. If there is an outstanding advance employer cannot make a new advance except in necessity
  6. Employers can only make deductions in respect of fines for willful misconduct or neglect if employee has been previously notified and agreed in his contract
  7. Pension scheme deductions must be consented to by employee
  8. Overpayment deductions can only be made if discovered within 3 months
  9. Total deductions from employees salary cannot exceed 1/3 of monthly salary
  10. Contracts required to be signed within 3 months of employment
  11. Any change in terms of contract must be communicated within one month to the employee
  12. Employment contracts terminate on death of employee, expiry of notice or expiry of fixed term contract
  13. Statutory requirements for notice
    1. 1 day if less than 3 months
    2. 1 week if more than 3 months but less than 2 years
    3. 2 weeks if more than 2 years but less than 5 years
    4. 1 months if more than 5 years of continuous service
  14. Conduct that would enable employer terminate contract without notice

a. Gross misconduct such as fraud, theft, insubordination or criminal neglect

  1. Either party can waive the right to notice or to accepting payment in lieu of notice
  2. All wages are to be paid before expiry of notice
  3. Employer not liable to pay for days employee absent
  4. Payment in lieu of notice only applies to salary not overtime or allowances
  5. Normal working hours are fixed through mutual agreement
  6. Work in excess of working hours constitutes over time
  7. If employee is to work more than 6 continuous hours he/she is entitled to 1 hour aggregate break/rest interval
  8. Worker entitled to one day of rest in 7 days
  9. Workers entitled to up to 12 days of paid sick leave for temporary illness if certified by a registered doctor nominated by the employer
  10. After 12 months of continuous service employee is entitled to 6 working days of paid leave
  11. Sick leave and annual leave pay only includes salary (not overtime or allowances)
  12. Women are entitled to 6 weeks leave before birth and confinement and 6 weeks of leave after birth and confinement at 50% of salary
  13. Employer not liable for healthcare costs of said woman
  14. If you have more than 25 employees you are required to set up a pension scheme (Pension Act Cap 346)
  15. Employees in hazardous occupations (mining, heavy machinery etc) must be insured against injury (Workmen’s Compensation Act Cap 407)

The Gospel According to Lesley: The Evil Step Mother

February 23, 2017

Since I have introduced My Evil Step Mother let me say something about her.

She didn’t stand a chance. My Mother is a Goddess. Which woman can compete with that? My Evil Step Mother lost the popularity stakes before you even began. And she didn’t make it any better when she decided to comb my matted dreadlocked hair instead of just cutting it off when she first met me. Dreadlocks? You may wonder. Yes. I had dreadlocks at the age of four because my father didn’t comb my hair in the one year after we absconded from the Soviet Union before she joined us.

Her name was Lilia. I’m still trying to find out if she is dead or alive and whether maybe she left me something in her will. Because I have an enduring fantasy that somewhere somehow I have a long lost relative that will leave me something in his or her will. Being remembered in a will, inheriting something, is like being affirmed or validated, its like saying ‘you belong.’  Agatha Christie’s characters were always left something in someone’s will.

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Lilia wasn’t all that bad really. I know she crossed the road once rather than walk on the side walk in front of a Jewish centre and that she regularly made fun of my father’s nose, our fat lips and our kinky hair. I know she had a racist opinion about every thing from black sexuality to black crime which she shared freely with me even when it wasn’t age appropriate. I know she only married my father to escape The Soviet Union. My Mother would never have considered doing such a thing. Like I said, a goddess but she didn’t know that my father would take me when he left. She didn’t even know that he could.

I also know that Lilia Nikoliayevna Zviaglosky did not sleep with my father. We’ll come to that later.

In my imagination Lilia was evil because she made me sit to learn sewing, knitting and crocheting when I would rather be outside playing in the woods behind our estate or swimming or something. I was a bit of a feral child. She did evil things like comb my hair, which hurt. She tried to make me learn the Russian alphabet and how to read and write in Russian. She even made me go to bed at 8 o’clock on Summer nights when it was still bright outside. I would lie in my bed listening to children playing outside in the sun and hate her. She was so evil she cut up my beautiful white synthetic leather boots that were all the rage in America in 1974. Then she stitched up the cuts and made me wear them to school! (I was too young to own it and it was too long before Michelle Pfeiffer popularised that look in 1993.)

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I thought she was a real evil bitch. Unlike The Goddess, my real mother.

There is a price to pay for everything. Lilia paid the price. Eventually she divorced Dr. Agams and last I heard married some guy named Fred G. Paradin. Fred used to take her to Vegas on dates. The Divorce was epic. Dr. Agams filed a cross petition and included the CIA, FBI and KGB as co-respondents but not Fred. Shortly after that Dr. Agams brought me to Nigeria. (Specifically to Umuaka, a Mediaeval Little Kingdom on the banks of the Njaba River in rural south east Nigeria where I was to send the second decade of my life.)

After living in Nigeria Lilia doesn’t seem like such an Evil Step Mother after all.

You haven’t seen or heard about Evil Step Mothers till you come to Nigeria. Nigerian women seem to think that being nice to their husbands offspring by other women is a crime. Its like the default setting is Evil Step Mother Mode. I think maybe it has something to do with loyalty to your mother’s hut in polygamous homesteads. A mothers primary responsibility is to protect you from abuse. Children without mothers were targets and little better than orphans. Men never raised kids.

Evil Nigerian Step Mothers will starve you, beat you, cut your prick off if your a boy, or your eyes and tongue, shave your head if you’re a girl, especially if you are a pretty girl, make you do all the house work like Cinderella,  make you sit on the dining room floor to eat while her children ate at the table and generally make your life so miserable that you eagerly marry the first person that asks you when you are 15. Just Google ‘step mother Nigeria’ and see for yourself.

I can hear you saying “Not me! Never.”

So long as you know that your step children will never like you and will never be grateful for whatever kindness you show them. A Nigerian woman spent years raising her step children like her own. When her husband became terminally ill these step children manipulated her and her three children out of her home of over 20 years and brought their mother, who was married to someone else by then, to bury him when he died. The poor woman and her there children got nothing from the estate.

So I still call Lilia, My Evil Step Mother. I’m The Ungrateful Nigerian Step Child. And I’m still hating on her for what she did to those boots.

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What Lessons Can We Learn From Anna Nicole Smith’s Life?

February 19, 2017

Last week was ten years since Anna died. I guess if you’re still news worthy ten years after your death you are a cultural icon. There were stories all over the internet about her daughter and how she is doing now. Larry Birkhead the baby daddy and caregiver made a few tasteful appearances and interviews. Nothing overtly exploitative even though we all know he must have been paid. He kept on saying that Dannielynn was not inheriting any millions and that it wasn’t Anna’s estate supporting them. He said it often enough for me to doubt him. When asked how he made a living Larry said he earned money through photography and ‘flipping houses.’

Anna did not die without assets and her assets have been quietly going up for sale over the past few years. Her LA house was sold, as were some of her personal effects and memorabilia. Dannielynn remains her only heir. Her second husband Howard Marshall gave her quite a few gifts including jewellery and art work. Just before she died she was reportedly paid $1 Million for footage of her birth and an exclusive interview with Howard K Stern her lawyer and best friend.

I’m not sure if I care, I’m only commenting because Larry made so much effort to deny he is profiteering from her estate. I guess like Anna he is intent on proving that he is not a gold digger. Does that phrase even apply to men?

Anyway I was intrigued and dug into the story a bit more than I did when it was breaking. I first became aware of Anna as the new Guess? jeans girl back in 1993. She was beautiful and she was being hyped  as the new plus size super model wanna-be. As a young woman obsessed with her weight and resentful of the super thin models that bombarded me every time I opened Vogue and Cosmopolitan, Anna was a refreshing image. It was refreshing when media hyped larger models Cindy, Linda Evangelista and Naomi. Come to think about it this hyping of plus size models is becoming kinda of tired. They have been touting bigger models since the 1990’s and still present them as a new trend. So how long before its accepted as main stream?

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I was only vaguely aware of her return to the spotlight as the Trimspa spokesperson. It was a story about a woman losing weight after all, like all women that obsess about their weight those kind of stories tend to catch our attention. It wasn’t until she got pregnant and ran off to the Bahamas that I really started to pay attention and followed the story till she died.  But not so much that I can remember where I was when her death was announced on 8 February 2007.

As the drama played out and videos started emerging of her obviously medicated and frequently  incoherent my knee jerk reaction was that Howard K. Stern was an evil Svengali manipulating her. And when she finally died, 5 short months after the death of her son and the birth of her daughter, it became just another tragic footnote in celebrity history.

“Don’t make me trade one baby for another” she reportedly said.

A lot has been written about Anna Nicole. In my quest for a new angle I watched a documentary by Lisa Ling on ‘Sugaring.’ Sugaring is where younger women hook up with older men with the understanding that the men take care of the women financially. Dr. Phil asked them “Are you hookers?”

“No more than a woman that chooses to be a full time homemaker financially dependent on her husband” one of the women replies.

Lisa Ling keeps suggesting that the women are cheating at life by trying to ‘skip some steps’ or taking a short cut. She looks at them bemused throughout the documentary.

“I pay for myself, I always go Dutch” she says. I cringe for a second. I don’t. Especially not if I’m invited out.

Growing up in Nigeria it was accepted that men invite a woman out  and pay. Mostly because women didn’t just go out on their own anyway, unless they were ‘working girls’ and charged at the end of the night. It wasn’t till the 90’s that a new breed of financially independent middle class women started going out with the ‘girls’  and each girl paid for herself.

It would seem a bit cliche to rant about an invisible patriarchy that limits a woman’s opportunities for self actualisation. Or to point out the obvious differences in mind set and access to available opportunities for poor vs. rich and educated vs. uneducated and rural vs. urban women.

In my digging around I come across ‘White Trash Nation’  a 1994 New Yorker cover story by J. Friend. “Welcome to the age of white trash” he wrote. Anna’s picture accompanied the cover headline. The article is uncanny in its prescience. Reading it I realise that Trump is the new White Trash Hero. And deja vu, in a 20/20 show they dredge up an early quote from Anna admiring Trump and suggesting he become president and make her his First Lady. Knowing Trump Anna wouldn’t have been his style. He likes ‘classier’ women – European women.

The parallels between her and Melania can’t be ignored.

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Both from small town lower class families, both turned to ‘modelling’ to get out, both took off their clothes for money and both married rich older men that they met through their work. The comparison ends there. Melania is European and Anna is ‘white trash’ a racial slur used to describe poor white Americans that were ‘poor as slaves’ and lacked ‘social grace.’ In Europe ‘white trash’ or the most economically disadvantaged whites are the gypsies or the Roma as they are called now. Demonised, excluded, discriminated, rejected.

Anna met Marshall her second husband and ‘never danced again’. ‘My husband threw money at me’ she infamously said. ‘Its very expensive being me.’ And she didn’t curb her hard partying jet setting lifestyle after she married him. Melania on the other hand played hard to get, was discreet, financially prudent and convinced Donald that she was immune to poaching. In an interview with Larry King shortly after their wedding in 2007 Donald very proudly announced that Melania is like the  fortress in Song of Solomon. Powerful men like that kind of thing, its probably one reason Donald would never have considered marrying Anna. She was too available.

Anna was actually the more successful of the two in their chosen career. She made the cover of Playboy, was Playmate of the Year and landed a multimillion dollar ad campaign and even appeared in a couple of movies before her hard partying ways crashed her career almost as soon as it took off. She also seemed to think she could have her cake and eat it; marry Marshall and claim half his estate without actually cohabiting with him.

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Watching Melania I can’t help think she played her cards well. She never contradicts Donald, doesn’t nag, massages his ego and infantalises him. ‘My boys’ she calls him and her son Barron. Its like watching Carla coo at Nicholas. It’s weird to watch. Beautiful women confidently and brazenly patronising powerful men. It’s like watching public sex, too intimate and uncomfortable.  A display of power, a challenge to all those morality stories about the evils of leveraging your feminine charms in relationships with powerful men and the world. And a validation of all those other stories about ‘bottom power.’

I think a lot of violence against women might be fuelled by suppressed male rage against this reported male powerlessness and vulnerability to female sexuality. Even Anna’s second husband Howard Marshall is quoted as saying that a man in love does stupid things. Adam, Samson and Julius Caesar might agree. And while Anna may not have seen any better options for upward mobility she doesn’t strike me like a victim as some people would like to portray her. No more than Melania is a victim. These are women that made choices and exercised agency.  We all have to face the choices we make.

When I left my first husband and became a single mom in the city of Lagos in the late 1980’s I was about Anna’s age. But I was also a graduate. I came to Lagos to study for the Nigerian Bar exam and never went back to the village I spent the past ten years in. I never overcame my personal values against transactional sex of any kind.  This often brought me into conflict with female members of my clan who considered male patronage (of the financial kind) just one more perk of being a pretty woman and what a waste of pretty and yellow if you didn’t cash in on it.

“I won’t look this way forever” one of the young women tells Lisa Ling. The young women all express sentiments I heard often growing up in the village.

“Why waste your time on a poor, abusive and inexperienced boy who will not appreciate you or treat you well, when you can be with an older richer man who will take care of you and spoil you?”

In Lagos I declined offers to be a cocktail hostess, the fourth wife to a 70 year old polygamous millionaire with a penchant for ‘half castes’, some bad-o’s mistress and the Venus De Milo campaign girl. Venus De Milo was the biggest skin lightening  brand in Nigeria at the time and the Venus De Milo girl was bigger than Miss. Nigeria. I declined the campaign offer because the fee wasn’t big enough, not because I had anything against modelling.

“What do I care about the fee?  I’d do it for the exposure” one of the strippers Anna worked with in Houston said about after Anna’s Playboy and Guess campaign appearances. The fee I was offered for the Venus de Milo campaign felt inadequate for the massive exposure it would have brought. I wasn’t looking for a husband or a sugar daddy, I wanted to be a successful lawyer. I wanted to be appreciated and respected for my mind. I was excoriated by friends and family.

I tried to talk to my oldest aunt about love once. She was unable to grasp the very western concept. Women married for security, not love. Another aunt regularly and vocally upbraided me for ‘giving it up for free.’

“Since you’re giving it up at least get paid for it’ she always said. ‘Free’ sex was the height of irresponsible. And inconsiderate. “After fucking all those men you expect me to give you money?” she asked her daughter. And once her daughter became sexually active she never gave her another kobo. Her daughter made her proud eventually. I’ll never forget the last time I saw my aunt. She took delight in recounting for me all the things her daughter, who eventually became the not so young fourth or fifth wife of a rich polygamous Nigerian man, had bought for her.

“Two freezers, two refrigerators, a generator, a pick up, a washing machine.”

My aunt owned a beer parlour.

The marriage didn’t last.

“At least she got a lot out of it before it collapsed. What did you get out of your own marriage? Foolish girl.”

It wasn’t that a man was a woman’s only opportunity to a better life. Rather it was the waste of a good opportunity by a beautiful woman. You could fry chicken and flip burgers for minimum wage all your life or you could land yourself a rich boyfriend, sugar daddy or husband and live easy. What’s love got to do with it?  Or appearances?

While Anna’s and Melania’s rags to riches stories are cliche they might not draw the same criticism in Nigeria they do in the west. In Nigeria they might be seen as symbols of feminine success. It’s Anna’s hard partying ogbanje lifestyle that forms a cautionary moral lesson for women in Nigeria and Africa. Melania on the other hand is, for a certain type of woman, the epitome of how to do it right. Get the man, and keep your head down.

Ask Bianca Onu Ojukwu, Halima Diende Fernandez, Shola Okoya, and Frances Iwuanynwu or even Emir Sanusi’s new teenage wife.

😉

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Child Custody in Nigeria FAQ: Who Owns The Child? II

February 9, 2017

‘Ownership’ of children is a feature of many customary laws in Nigeria.

Customary laws vary from one tribal group to the other. In some Igbo-Nigerian communities payment of the bride price determines ‘ownership’ of children. In ‘An Anatomy of Female Power’ Chinweizu has previously argued that the payment of bride price in Nigeria does not entitle the payer to the woman but rather to the fruit of her womb and I agree with him.

Among some Igbo-Nigerian groups and in Umuaka where I come from and grew up in particular under tribal laws where a marriage is not formalised and a bride price is not paid any child a woman bears ‘belongs’ to her father’s house and enjoys full inheritance rights. Likewise, if a woman left or divorced her husband she had to repay him the bride price her paid or any children she had thereafter ‘belonged’ to him, no matter who was the biological father. However, these tribal laws have been held to be repugnant to natural justice, equity and good conscience and are not usually enforceable by the customary courts anymore. Likewise, tribal laws that deny mothers access or custody without a consideration of natural justice, equity and good conscience are repugnant. However, it takes a good knowledgable lawyer to make that argument before the court.

In Yoruba-Nigeria the practice was that a child could claim a right to inheritance so long as the father had acknowledged him during while the father was alive. Sharia law, which is classed as a customary law in the Federal republic of Nigeria, apparently privileges mothers in custody issues whether they were married or not.  Customary courts just like statutory courts have a lot of discretion and it all depends on the arguments they are presented to them.

Lagos State is the only state in Nigeria that has created a family court procedure to deal with disputes relating to guardianship, custody and adoption that is not related to matrimonial causes in its Child Rights Law 2007. So if you are in Lagos and are unmarried and have a custody matter that is the law to refer to.

Nevertheless there is still a lot of confusion regarding children that are born to parents that were never married under statutory or customary law. There is also an increase of children born to parents that are not married under statutory and customary law. There seems to be a presumption that once a father is named on a birth certificate as such it secures his ‘rights’ to the child. I figure the courts will be busy untangling those complications for a few decades to come.

I’ve heard from a lot of people that the Social Welfare Office’s, which are increasingly called upon to decide questions of custody and maintenance in cases where the parents were never married have been ruling that once a child is 7 years old the father can take custody. This is wrong and dangerous and needs to stop. The law remains clear that the best interest of the child is paramount in deciding custody and neither parent  is entitled to automatic custodial rights. Both must show that they can meet the best interest of the child and not only that the other parent cannot.

In a decided case the father when asked what arrangements he had made for the children whose custody he was seeking said they would stay with his ageing mother in the village as opposed to staying with heir mother on the university campus where she lived and worked. The judge despite his conservative leanings ruled the children live with their mother even though he could not bring himself to grant her custody.

Perhaps the confusion lies in the meaning given to the word ‘custody.’ Custody is not ownership. We’ll consider ‘custody’ in my next post. I’m already over my 500 word limit. Or guideline.

Chao

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Child Custody in Nigeria FAQ: Who Owns The Child?

February 7, 2017

First of all we really need to stop thinking in terms of ‘ownership’ of children. Children are not chattel. You do not own a child. They are little people. Dependent little people and adults are parents, guardians, care takers and providers. Not owners.

That said what people usually mean when they ask that question is who gets ‘custody’ when the parents of a child are separated, divorced or even never married. Or who the child lives with because the parent a child lives with will influence the child’s future behaviour and personality.

Both parents have an equal right to raise, influence and make decisions for their juvenile offspring. (Nwosu vs. Nwosu [2012] 8 NWLR) Where the parents are cohabiting there is no usually issue and in many households the father assumes the role of head of household and makes decisions for everyone else with or without consulting his wife, the mother. It all depends on their personal dynamics.

Custody issues arise where either party wants to leave or end the relationship between the parents of a child or children. In Nigeria most men seem to think that they ‘own’ the children and presume that they will get custody especially of male children. Then again most men seem to think they own their wife too.

Both the Matrimonial Causes Act and the Child’s Right Act are clear that issues of custody are to  be decided in the best interest of the child and the courts have held that neither parent has an automatic right to custody.

If you are in a statutory marriage (that is one registered at the Marriage Registry and issued a Federal Government Certificate) and want a divorce, judicial separation or nullification of that marriage and believe that the best interest of the children is served with you or a woman in a violent abusive marriage that stays because you won’t leave without your children here is what your lawyer needs to do;

  1. After drafting and filing our petition for judicial separation, divorce or nullification and being assigned a court BEFORE serving your spouse your lawyer should file an exparte motion (known as an interlocutory relief) for temporary custody pending the determination of the petition AND a motion on notice for temporary custody simultaneously.
  2. The court will hear the ex parte motion and make a ruling which will be served on your spouse (The Respondent) with the notice of petition and the motion on notice for the same interlocutory relief asked for in the ex parte motion. The court will set a date before the exparte ruling expires in 7 days to hear the motion on notice thus giving the respondent a chance to challenge your request to the court for custody pending the determination of the main petition.
  3. After hearing the motion on notice and the respondents answer the court will either uphold its previous ruling or make a new one. This ruling is only binding till the matrimonial matter before the court is decided and then the issue of custody will be considered again and a final ruling be made at the end of the trial.
  4. Either party to a matrimonial petition can apply for an interlocutory order for custody.

The court will seek to determine what is in the best interest of the child and will consider the child’s age, gender, special needs, living environment, child care arrangements, plans to further the education of the child, financial ability of parent proposing arrangements, and the parents temperament and lifestyle. However, financial privilege alone is not enough determinant of a child’s best interest. (Nwosu vs. Nwosu)

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Armed Forces Remembrance Day: We Need To Talk About Biafra

January 16, 2017

It was Armed Forces Remembrance Day in Nigeria yesterday. Our big brass and the politricksions went and laid wreaths for unknown soldiers. Wouldn’t it have been nice if they had speedily passed legislation for the payment of veterans entitlements instead of creating entitlements of themselves instead?

Let’s look at this Armed Forces Remembrance Day anyway. It started out as a commemoration of the soldiers that fought in the First World War in which Nigerian and African soldiers fought and died with the rest of the global community. Whether they went voluntarily or not is irrelevant if you ask me. They represented.

Then Obasanjo, that wily fox, went and changed it to commemorate the ‘surrender of Biafra troops’ effectively ensuring that the end of Civil War itself is not specifically commemorated or the events discussed. And discussions about the civil was and Biafra are drowned out in a natural outpouring of communal patriotism and and nationalism. To speak about the Civil War and Biafra on such a day would seem sacrilegious as Femi Kani Kayode no doubt learnt.

Of keen interest to me is the change in the tone of the media. Since the administration of Obansanjo the military has mostly been under fire from the media for their human rights violations. Amnesty International kept up a relentless stream of reports and Nigeria was unable to buy arms under some United States act that they invoke on a need to basis.

Now we are talking about the sacrifices that the soldiers are making and there is absolutely no single credible media report about the situation in the militarised zones of the north east, south south and south east. Has our military reformed over night as if by magic? But I thought Buhari keeps them busy chasing cattle rustlers and training in animal farming techniques in Argentina. It is a public relations victory?

I suggest to activists in the Niger Delta to consider the use of drones to capture footage. The activists at Standing Rock, the Native American protest against encroachment on tribal lands used drones to record footage that showed the real picture to the world. Watch the video. The drone pilot said he is completely self taught by the way.

Why do we need to talk about Biafra and why do our rulers want us to forget it? Because we need to heal the physic wounds that continue to haunt nation building in Nigeria. And to heal those wounds we need to listen to each other and accommodate each others points of view – and then find common ground to agree on. Instead what happens is every time the topic is raised there is a still a winner and vanquished mentality – the one saying “You tried to exterminate us, we do not feel safe” and the other saying “You lost the war, deal with it.” Even Chinua Achebe’s account was vilified and divided the national debate. Neither is productive.

The patriarchal old men that have been making decisions about Nigeria’s future learnt well the lessons of the jungle. Control information, only write down stuff in an elaborate code, control access to the code and who can read it. The masses will forget.

The old were revered as living encyclopaedia’s. Imagine what it must have been like when life expectancy was even lower and even fewer made it to old age. All that remains in the common memory is the idea of an injustice inflicted once upon a time, brought out and dusted off by old men (and young) when they need to whip up the crowd.

In the era of new media its tricky to pull off a scam like that. And video IS the new frontier for credible news delivered via the world wide web. It becomes both a record and an account and dilutes the influence and power of those wily old men that would keep their subjects ignorant and malleable. It would be great to see some female leadership too.

 

While, it is appropriate to remember and support our troops, those gone and those risking their lives, media coverage needs to be balanced and consistent to keep the government institutions on their toes and to keep citizens informed. We need to ask questions and investigate their allegations. And we need to whole heartedly celebrate the end of the Civil War and stop making it about the ‘defeat’ of Biafra and sweeping it under the carpet.

The men of the Nigerian Army sure do need our support right now. They’re spread pretty thin – north east,north central, south south, south east, cattle rearing, oil & gas security, Liberia and about to go off to Gambia. And they face formidable foes. Lets keep praying my praying brethren that trouble doesn’t erupt in the north west and south west.

Sadly, stories coming from the front lines seem to suggest they maybe as inadequately cared for as ever. Even in the military Nigerian women  are left to pick up the slack.

 

 

 

 

Are You Required to Produce Husband’s Consent For Passports?

January 7, 2017

The Federal High Court sitting in Port Harcourt decided you did not when they gave this judgement in 2009 in Dr. Priye Iyalla_Amadi vs The Director General of the Nigeria Immigration Service.

I think the NIS said they appealed the matter. I wonder where they are on it so far. Can’t find anything about the status. Whats the composition of the appeals court and the supreme court? Just thinking out loud.

The defendants did not really dispute the facts adduced by the plaintiff in their counter_affidavit but sought to justify the requirement of a letter of consent from the husband of a married woman who wants to be issued a Nigerian passport on the basis that Nigerian married women are classified alongside with minors by the government as persons who require consent from the head of the family. NIS argued that the requirement for consent was put in place to perpetuate the authority of the man over his wife, no matter the status she had attained in society. It also stated that the requirement was set to avoid unnecessary breakdown of marriage institution in the country.

Its important to pursue legal precedents expanding women’s rights all  the way to the Supreme Court. And those cases should attract support from women, women’s groups and women’s funds.  If you have any current information about this case could you drop an update for me? Or steer me towards someone who knows? I’d appreciate it.

 

 

Interim Child Custody Order Under Matrimonial Causes Act in Nigeria

November 22, 2016

Section 71 of the Matrimonial Causes Act is clear that the ‘courts shall regard the interests of the children as the paramount consideration when awarding custody of children in a matrimonial cause under the MCA.

This is supported by extensive case law.

The Supreme Court in WILLIAMS V WILLIAMS (1987) LPELR-8050 set out the principles on which custody is decided clearly;

“(1) Where in any proceedings before any court the custody or upbringing of a minor is in question, the court in deciding the question shall regard the welfare of the minor as the first and paramount consideration and shall not take into consideration whether from any other point of view the claim of the father in respect of such custody is superior to that of the mother or the claim of the mother is superior to that of the father.

In Nwosu v. Nwosu (2012) 8 NWLR Pt 1301 – the court of appeal further held –

On the right of parents over custody of children of a marriage

The Court held both parties have equal rights in matters of custody of the children. In other words a mother has equal rights with the father over the children. In the instant case the appellant had equal legal interest in the children of the marriage and a right to protect that legal interest.

On Equal Rights of parents over custody of the children of the marriage

In regard to custody or upbringing of a minor a mother shall have the same rights and authority as the law allows the father and the rights and authority of the mother and the father shall be equal and exercisable by either with out the other.

One of the questions that the court of appeal considered was whether or not the appellant (mother) had a right to take the children away from the matrimonial home before a formal order of custody made by a court of competent jurisdiction to determine the issue of custody.

The respondent (father) had asked an Owerri High Court to declare his wife did not have the right to remove the children from their school and relocate then elsewhere without a prior order of the court. The court of first instance sought to compel the mother to return the children till a determination of custody.

The mother appealed the judgement and her appeal was upheld. The court cited the previous Supreme Court ruling in Williams v. Williams (1987) that held both parents have the same right to custody of children pending a custody hearing.

“The law would be an ass indeed if a parent who has inherent legal interest in the children can’t do something to protect the children before the law can take its course” said Ogunwumiju JCA in his lead judgement in Nwosu v. Nwosu.

The court upheld a mother’s right to remove herself and her children from the matrimonial home in the event of  breakdown of the marriage, threat or fear violence and maintaining status quo ante bellum pending matrimonial proceedings.

Counsel for the respondent (father) went on to argue the children of the marriage were of ‘Igbo extraction’ and their father ‘rich and willing to have them around’. The court held that “the reasons given by the learned trial judge in arriving at the conclusion that the appellant (mother) had no legal right to take the children from the matrimonial home were unconstitutional”

“I have no hesitation in arriving at the conclusion that these declarations of the rights of the parents in relation to these children were based on a wrong premise which is that the rights of a very rich father are superior to the rights of the less affluent mother who is from a different tribe. There is discrimination on the basis of tribe, sex and financial means.” – Ogunwumiju JCA

In Tabansi v. Tabansi (2009) 12 NWLR Pt 1155 the lead judgement of the Court of Appeal delivered by Alagao JCA held that

“Except the conduct of the wife is morally reprehensible it is better in an estranged marriage for the child of the marriage, more so if that child is a girl of tender age to be left in the care and custody of the wife.”

A party to matrimonial proceedings can simultaneously file an ex parte motion for interim custody when filing a petition under the MCA under Order 14 Rule 23 (1)(c) which provides that;

23(1) “Where proceedings for ancillary relief have been instituted  seeking an order with respect to the custody, guardianship, welfare, advancement or education of a child of the marriage pending the disposal of proceedings , the court may in a case of urgency, hear the proceedings, and make an order in the proceedings, ex parte.”

When filing an ex parte motion (which basically means that the applicant is asking the court to make a ruling without notifying the respondent, the other party in the matter) support it with an affidavit of urgency and also file a motion on notice with the same requests and arguments that will be served on the respondent while the interim order is in effect. And interim order will last for 7 days and within that time the court will want to invite the respondent to come and give his or her side of the story too. If the interim order lapses before the motion on notice is heard or decided the applicant’s lawyer can and should make a further oral application to the court to extend the life of the interim order.

This interim order will provide the legal basis for the applicant to retain custody of the children pending hearing of the motion on notice which will decide custody pending the resolution of the substantive suit which may be for divorce, nullity or judicial separation. The interim order will them be served together with the notice of petition and the motion on notice on the respondent.

Once an order is secured give the applicant the original copy and they can move with the children without fear of the other party taking them away or causing other mischief (like reporting to police they were kidnapped as some parents erroneously do) The applicant can prevent the respondent, the other party in the suit from taking the children forcibly away from him or her and should that party do so they will be in contempt of a court order.

Happy Independence Day Nigeria! 

October 1, 2016

 

I like this #HeroesandHelmets initiative. Its a feel good initiative. And we need some feel-good on this day that is the 56th year of our Independence from the white man in Nigeria.

Perhaps we have lost the real meaning of Independence. I have read curses on Nigeria, blessings, wishful thinking, deceit, lies and plain old grand standing.

“There is nothing to celebrate. We are hungry. We are angry. We are poor. We are BAD.”

We have forgotten the real meaning of our Independence. We have forgotten that what we celebrate is not the creation of a nation called Nigeria. (Techinically that was created in 1914.) We celebrate the formal end of colonial administration over the indigenous (black) peoples of Nigeria.

if you think that’s not something to celebrate think for a minute about the many black brethren gunned down like common criminals by the police in the United States of American – that flickering beacon of freedom and democracy. Black people gunned down doing things you take for granted here in Nigeria – selling bootleg DVDs, driving without a taillight, taking a corner without signalling, having a psychotic incident in the market place, walking down the street after dark.

In 2016, today on our 56th Independence Anniversary more than on any other day before I am soooooo happy that our forebears triumphed in their fight for freedom. Today more than any other day I am happy that my sons grew up free men in a free (albeit imperfect) nation. They’re not yet safe from institutional bullying but that is the fight if the NEW GENERATION.

We build a wall brick by brick and it is not any one person’s portion to build it all. We build on what’s come before.

Put this day in the context of slavery, colonialism and Jim Crow and then tell me again there is nothing to celebrate. Fifty-six years since Independence. ONLY. Less than a lifetime. Less than a lifetime ago our black and brown parents and grandparents were treated like a lower form of animals AS A MATTER OF OFFICIAL POLICY.

At least now we can resist such dehumanisation. At least now we can resist – at the UN, the ICC, at the ACHR, at the polling booth, in court. Whether they listen to us or not we can resist LEGALLY. And we can call upon the state to uphold, protect and enforce our right to resistance.

Who told you it was supposed to be easy?

The struggle did not end on October 1, 1960 when the Union Jack came down for the last time.

The struggle did not end in 1999 when we finally held held elections. The struggle did not end in 2015 when the party in power handed over to the opposition. The struggle does not end and each generation must inherit its own struggle. There is no UHURU. Except in Death maybe.

Happiness isn’t a state. Happiness is a fleeting moment of content in between depressingly mundane daily struggles. Happiness is stumbling upon a rose in the midst of thorns. It is festivals and dances in between reaping and sowing – rituals to remind us what we struggle for and renew our spirit.

Success is winning those daily struggles. Don’t lose sight of the forest for the tree. Do something inspiring. Go find one of our brethren in uniform and take a selfie. Support the troops. Hold the government accountable.

Good leaders will understand the meaning of this.

I would like to wish all of you a reflective and inspiring Independence Day.

#TheGospelAccordingToLesley

 

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When You Are Writing, You Are God & Other Lessons | A Farafina Workshop Memoir

September 15, 2016

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When you are writing, you are God.
—Aslak Sira Myhre

 

June 21 – Day One

“Tell us one thing you like and one thing you dislike?” she said. I lied. I said I liked history, art and culture. Actually I like sex, loud music and dim smokey bars. But I wasn’t ready to say that to a room full of strange Nigerians. What if they misunderstood? Or laughed? It’s not the sort of thing a Nigerian woman my age says.

If it comes easily to you, discard.
—Chimamanda Adichie

 

Diversity and Identity

Age. I try not to think about it. Not in that I’m-this-age-and-should-therefore-behave-like-this-or-be-treated-like-that” way. I hate being called ‘ma’, ‘mommy’, or ‘madam’. I feel pressured to perform age. I do not want to perform age. But I do anyway. Another loaded feminist issue? Or a race issue? Or maybe a class issue? Or an intersection of the three? Someday I will write about it.

“Please call me Lesley.”

“You remind me of a South African woman I met at my last workshop,” one of the participants says to me.

And Aslak keeps calling me Sheila.

I really wish people would get to know Lesley.

The age of the Farafina 2016 participants didn’t cross my mind till I sat down with them and looked into their faces. Most of them are young enough to be my children. Some so young that I would have a word with my sons if they brought them home.

Listening to these young people reminded me of the obvious clichés.

‘Age should be a bridge,’ I think. ‘Not a gap.’

Nevertheless, the workshop is a safe space and we are asked to suspend our judgments. We name it Sacred. We also have a young woman that escaped the 2014 Chibok abductions with us. And an undercover reporter. Young people discovering their sexuality. People constructing their identities. Living stories about surviving, healing and becoming.

Go where it hurts because then it matters.
—Aslak Srye Myhre

 

Farafina Insomniacs WhatsApp Group Chat

Someone sets up the Farafina Insomniacs group on WhatsApp. It makes group communication more relaxed and open. I’ve avoided group chats so far. The constant notifications while I’m working and the drain on my battery were not worth the poor quality of conversation and information.

WhatsApp Group Chat –

25/06/2016 12:37: Feisty: why are we starting a new group?

25/06/2016 12:37: Foxy: Touchy is in the other group

25/06/2016 12:38: Feisty: is it necessary?

25/06/2016 12:38: Missy: Feisty please it is…we don’t want to trigger her

25/06/2016 12:41: Sisi: Btw, Touchy is my friend o

25/06/2016 12:41:Sisi: She’s been so sweet all day

(12/07/2016 10:19: Squeaky: I’m realising I might never use the word ‘trigger’ again in anything I write because of you guys, and I kind of don’t mind.)

What isn’t made into narrative isn’t part of the world.
—Aslak Syre Mhyre

 

Karaoke Night Out

On Saturday night we went to a karaoke bar. Kunle sang ‘Stay’ with so much heart. I took a chance and sang the only song I really own, “Bohemian Rhapsody.” I sing as if I’m a 7 year old standing on a stool, in front of the heavy dresser mirror in my parent’s bedroom singing ‘Fly Robin Fly’ into a hair brush. Or standing on the coffee table and singing along with Sony and Cher on the TV. As if no one else is there. This is how to write. Belt it out.

“You can’t pander to anyone’s expectation when writing,” she said.

WhatsApp Group Chat –

25/06/2016 23:03: Feisty: Please who is singing and killing it?

25/06/2016 23:09: Titi: It is Lesley o.

25/06/2016 23:09: Tricky: Lesley Yaaay!

25/06/2016 23:09: Tricky: Mimi be killing everybody at the Mortal Kombat game!

25/06/2016 23:14: Titi: Cocky was the bomb too.

25/06/2016 23:14: Titi Beautiful night.

25/06/2016 23:14: Titi: Can we all go back to the hotel now, please?

25/06/2016 23:14: Tricky: Yes ooo

25/06/2016 23:15: Titi: Akintunde be scattering game anyhow.

25/06/2016 23:18: Feisty: Oya come back home. I have milzed you all.

25/06/2016 23:18: Feisty: I can’t sleep. I can’t write. I can’t eat.

Feisty stayed in to work on her assignment. It was the best at the next reading. Should I have stayed in too? Writing is always rewriting. Most of the assignments I submit are rewritten once or not at all.

“I know I can do better if I could just rewrite it again,” I think to myself each time I submit an assignment. The lure of the night life kept my performance average most of my life. Because excellence is about going the extra mile.

“How many times did you rewrite Half of A Yellow Sun?” I ask her.

“Seven times.’

To make it art, you have to rewrite.
—Chimamanda Adichie

 

How A Short Film Got Made by Farafina 2016

We talked about serial kissers, serial quitters and serial killers a lot. We even wondered if all the talk about serial killers might trigger the serial killers among us. You never know what baggage the people you meet carry. Nigeria’s first serial killer thriller is still waiting to be written.

 

WhatsApp Group Chat –

26/06/2016 10:26: Lofty: So guys, Aoiri wants us to shoot a movie.

26/06/2016 10:29: Lofty: “Let’s use the energy!” He said.

26/06/2016 10:30: Feisty Will there be blood? Can I shoot a gun or just kill someone?

26/06/2016 10:31: Feisty: Oya o. Ideas for script or we have a script?

26/06/2016 10:33: Ducky: If there’s blood, or a stabbing, count me in!

26/06/2016 10:44: Lofty: Keep in mind that we’re not making an epic. The fewer scenes and locations the better “energy” is limited…

26/06/2016 10:46: Mimi: Suggestion: why don’t we pick a ’round’ story or two of ours that we’ve written as assignments and work it into a script?

26/06/2016 10:47: Foxy: Maybe we could all suggest stories to act out during lunch

26/06/2016 10:47: Mimi: A story that’s short but powerful

26/06/2016 10:48: Foxy: So we can go through all that we’ve done so far since Umar mailed them to us. And suggest what to act at Lunch

26/06/2016 10:49: Foxy: But nothing too triggering sha

“Kuku Kill Me” an iconic two-minute Naija Indie blockbuster starred Ifeoluwa Nihinlola, Kunle Ologunro, Miracle Adebayo, Aisha Abiri, Abimbola Ige and Chika Jones. It was directed by Umar Turaki, written by Chika, Aisha, Miracle, and Umar, filmed by Aoiri Obaigbo and screened for a select audience after our last dinner together.

 

Kenyan Writer Binyavanga Wainana Was There

He introduced us to Kenya-American artist Wangechi Mutu. Wangechi explores the similarities between misogyny and race, and the hierarchy of race and gender through surreal collages and installations reminiscent of Picasso’s cubism. Her visual art inspired some of our most creative work.

Facebook Status: Akintunde Aiki June 27 · 

#Farafina2016 – Binyavanga does this to you: brings out the beast in your writing. The Final Ceremony.

“Technically the story is perfect, but I don’t feel her,” he says to me about Chidimma, protagonist of ‘Sunrise Hotel’, a short story I spent months writing. The same story Chimamanda enjoyed so much she invited me for this workshop. He tells me about a character he used to write when he was still in the closet. ‘Am I in the closet?’ I wonder. Metaphorically speaking, of course.

“You’re still hiding.’ he says.

Twitter @MzAgams Jun 27: When Binyavanga thinks about our submissions before commenting, he moves his lips & jaw like he’s chewing the words we wrote – #Farafina2016

Write what you know.
—Binyavanga Wainaina

 

That Bridge

In between writing assignments I sit at the upper deck of the Bush Bar of our hotel overlooking the lagoon, drinking coffee in the morning and beer at night. Feeling the ocean. And watching That Bridge. Watching people moving on That Bridge. On foot, in cars, on bikes.

Facebook Status: Lesley Agams June 30 

I took a walk on that bridge.

All the way till I could see my hotel then I turned around.

I do not jog. Who wan die.

As usual I found my self wondering about these people jogging on the bridge in the early morning.

I’m disappointed. The people I see up close didn’t look nearly as good as they looked from a distance. Their eyes are wary and cunning. Their expressions shielded. People drive from all over Lagos to jog on that bridge.

You either have to know a lot more or imagine a lot better.
—Binyavanga Wainaina

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At The Closing Ceremony

As she gives me my certificate Chimamanda tells the world she will be the first one to buy my book. “Odogwu Nwanyi” she calls me. My only regret is I didn’t ask someone to take a picture of me with her on stage. And I didn’t bother to struggle for a vantage position during the group photograph so I got pushed to the back. If you don’t look well, you won’t see me. And in some pictures, at some angles, you don’t. That’s how I always got the bottom pot of the jollof rice in secondary school.

I’ve been writing since I was 10: journals, diaries, memoirs, poems, short stories, plays, movie scripts, essays, and cheeky articles like the ones in EsquirePlayboy and Cosmopolitan. I remember tapping out stories on my father’s old manual Olympian typewriter. I was even a reporter and women’s editor for a local newspaper once. As I collected the certificate, I knew in my heart this was the first day of the rest of my life.

The first rule of writing: to be a writer, you have to write.
—Aslak Syre Mhyre

 

That Was Just The Beginning.The Conversations Continued After We Left.

WhatsApp Group Chat –

06/07/2016 08:37: Lofty: The conversation in this group is like a stage play with different acts and different characters at any given time.

06/07/2016 11:55: Tricky: Phew. This is one group you want to read through the “one million unread messages”.

Drama isn’t just people talking.
—Eghosa Imasuen

 

The Heat Is On

06/07/2016 18:13: Bubbly: Meanwhile, Guys. Do you all feel pressured now? Like the writing community expects your texts to be top notch now that Adichie has taught you herself? Like is it just me. So many book clubs want me as “guest” and I am like why? One even said they will send a Limo. I just feel like the expectation and attention is overwhelming and I don’t really deserve it! What do you guys think?

Insecurity is very important for a writer.
—Eghosa Imasuen

 

Metaphor Is the Palm Oil We Eat Words With

WhatsApp Group Chat –

09/07/2016 09:10: Cheeky: Lol. My entire Farafina experience is down to music. A team reminds me of Nnamdi, Ama and the Karaoke Night. Strange songs remind me of Lesley. Panda reminds me of Aisha and Naza.

09/07/2016 09:10: Cheeky: Igbo songs remind me of Nwa Nsukka’s dance steps

12/07/2016 08:33: Ducky: Metaphors are how I make sense of this world.

12/07/2016 08:33: Ducky: Some one hiding is pulling a Chisom.

12/07/2016 08:33: Ducky: A funny and curious person is pulling a Pamela.

12/07/2016 08:33: Ducky: A Lofty person is pulling an Umar.

12/07/2016 08:34: Ducky: Someone writing stories populated by fantastic characters is pulling an Aoiri.

12/07/2016 08:34: Ducky: An Nnamdi is self-explanatory.

12/07/2016 08:34: Ducky: Someone who likes money more than life is pulling a Chika.

12/07/2016 08:35: Ducky: An aspirational person wants to be like Monye, wants to cook with stove.

12/07/2016 08:35: Ducky: A prim and proper person is trying to be Muna.

12/07/2016 08:35: Ducky: We all know the Kunles in our lives.

12/07/2016 08:36: Ducky: Bestfren bestfren and Ama enters your life.

12/07/2016 08:36: Ducky: Someone who wants all the good men in a group for herself is obviously a Mimi.

12/07/2016 08:37: Ducky: Like snapchat and smile a lot and you are defined sharply.

12/07/2016 08:41: Ducky: All I’m saying is, I’m always making judgements, ascribing attributes to people. It’s dishonest to pretend like I don’t.

12/07/2016 08:46: Feisty Fierce as fuck, I think describes Lesley

12/07/2016 08:46: Cocky: Fierce as fuck

12/07/2016 09:03: Me: Ife is the Barb of Ogbomosho of No Internet

12/07/2016 09:05: Cocky: Aisha the goddess of Iwale

If you overdo metaphor, it suggests a lack of confidence. 
—Chimamanda Adichie

The Conversation Has All The Elements of a Good Story: Drama, Intrigue And Humor

WhatsApp Group Chat –

11/07/2016 21:14: Shady: We can call it CHIPAM Investigation Services

11/07/2016 21:14: Shady: Or maybe even CHIPAMA if Ama is down

11/07/2016 21:16: Squeaky: Please I want to join. Let’s make it CHIPAMABIM

11/07/2016 21:17: Lofty: I’ve registered.

11/07/2016 21:18: Ducky: I can see where this naming thing is going, and it’s not good.

11/07/2016 21:18: Ducky: Let Chisom and Pamela just have their company jejely.

11/07/2016 21:19: Snoopy: Bimbo why must you join everything?!!!

11/07/2016 21:20: Snoopy : Chisom I’m down for CHIPAMA lool

11/07/2016 21:20: Cheeky: CHIPAMABIMCHI

11/07/2016 21:21: Mimi: CHIPAMABIMCHIMIM

11/07/2016 21:21: Ducky: This is beginning to sound like a company of chipmunks created to form a monopoly out of nuts.

Comedy: an absurd unexpected outcome.
—Eghosa Imasuen

 

Bloopers Happen Too

WhatsApp Group Chat –

13/07/2016 12:21: Crusty: Les, of the fierce fuck

13/07/2016 12:24: Me: ‘fierce fuck’???? How would you know?

13/07/2016 12:35: Crusty: Nnamdi gave you the title na.

13/07/2016 12:36: Me: I don’t think he used it in quite the same way

13/07/2016 12:42: Cocky: Please o

13/07/2016 12:42: Cocky: I said ‘Fierce as fuck’

13/07/2016 12:42: Cocky: I’m innocent o

13/07/2016 13:39: Me: Thanks Nnamdi. Kinda like he said ‘children turn him on.’

Words are powerful. You need to be careful using words.
—Chimamanda Adichie

 

 

There are no rules if you can get away with it.
—Eghosa Imasuen

Originally published by Brittle Paper on 2016/08/15