Perhaps no subject has engaged public discourse, public space and consciousness of the Nigerian Public as much as the Volatile and rather politically sensitive issue of “Internal deportation of Nigerians within Nigeria”. The ensuing schism generated pitched Nigerians against themselves across ethnic and political divides.

While a community of opinion regards any act of “Internal Deportation” by the state as unconstitutional and a crime against humanity others have in contradistinction to that position argued that “internal Deportation” does not constitute an illegality when predicated upon over riding public purpose of addressing public health, security and environmental concerns.

The Forum on Internal Deportation of Nigerians within Nigeria, held at Abuja, Federal Capital Territory, in 2013 in collaboration with the Ford Foundation. The Forum Provided a Platform in which the diverse views were freely ventilated and canvassed in a formal and organized manner.

This publication which is also supported by the Ford Foundation compliments the 2013 forum. It is veritable reference text and it is our hope that this effort will assuage the thirst of the different publics for an eclectic and non-partisan text on the subject of internal Deportation.

 

Professor Adedeji Adekunle.

Director-General

Nigerian Institute of Advanced Legal Studies

2013

FOREWORD

Yobe State was created out of the defunct Borno State on the 27th day of August, 1991 by virtue of State (Creation and Transitional Provision) Decree No. 40 of 1991. Section 4 of the Decree provides that “All existing Laws in the State out of which a new State is created by this Decree shall continue to have effect in all the new States thus created subject to such limits and modifications as may be necessary to bring them into conformity with this Decree” It should be noted that since then Yobe State has been using the Laws of the defunct Borno.

It should be noted that when Yobe State was created, there was an ongoing Law review exercise in Borno State. The exercise was being carried out by Professor Sam Scruton Richardson AO, C.B.E, M.A(OXF), LL.D (ABU), former Director of the Institute of Administration, Ahmadu Bello University, Zaria. While the exercise was in progress, Yobe State was created in August 1991. With the creation of the State, the need to inform the reviewers of this development became imperative. Accordingly the Laws of Yobe State were separated from the Laws of the defunct Borno State which culminated into the production of the current three volumes of the Laws of Yobe State, 1994. But this was haphazardly done because upon cursory glance of the Laws one would notice a lot of shortcomings and deficiencies in the current volumes which, inter alia, include references to institutions that are not in Yobe State, references to pounds and shillings and the fines, fees and sentences are inadequate that make nonsense or ridicules our Penal Laws.

Furthermore, with introduction of Sharia Legal System in the State, the need to include the Sharia Laws in the body of our Laws became absolutely necessary. A lot of laws were enacted establishing some Agencies and Bodies which are not included in the volumes of the Laws of Yobe State, 1994.  Law revision exercises are usually done every decade. The Laws were last reviewed in 1994 which in effect means that the revision of our Laws was delayed for about ten years. These, in my humble view, informed the decision of my Chambers to embark on the all important exercise. When the idea for the Law review was muted, we had received so many offers from various publishers for the work.    We however settled for the Nigerian Institute of Advanced Legal Studies for the following reasons:-

(1)    It is a reputable Government Agency,

(2)    It has the personnel and expertise to conduct such review,

(3)        It has vast experience in conducting such exercise for same States and the Federal Government, and lastly,

(4)        it is easier to deal with Government Agency than dealing with a private company that we virtually know little about.

Having considered the Institute, these Chambers proceeded and signed an agreement for the Law review exercise which was to last for an initial period of nine months but due to the security challenges in the State the exercise could not be completed within the stipulated period as lots of co-ordinations and consultations with the Institute were adversely affected and at time frustrated.

Knowing the enormity of the task ahead of us and the need to work hand-in-hand with the Institute for the successful completion of the exercise, my Chambers pursuant to the provision of section 3(1) of the (Establishment and powers of) Law Review Committee Law 2013 set up a committee headed by my humble self A. M. Goniri Esq. as the Chairman with the Solicitor General Barr. Sale Samanja as the Deputy Chairman while the Deputy Solicitor General who is also the Director Legal Drafting Barr. Saboli Muhammad Gwio, as the Coordinator of the exercise. Three sub- committees were formed with each committee assigned a volume of the Laws. The members of the three sub-committees are:-

SUB-COMMITTEE “A”

1.     Justice Usman Zanna Muhammed        (the then D.P.P)     Chairman

2.     Barr. Mohammed Bulama Yusuf         (Director L.D YBSH) Member

3.     Barr. Sa id Mohammed Also            (Chairman N. B. A )     “

4.     Barr. Muhammad Nur Zabair             (Senior State Counsel)     “

5.     Barr. Usman Ismail                   (Senior State Counsel)       Secretary

SUB-COMMITTEE “B”

1.     Barr, B. M. Ngalda          (Director Civil Litigation)       Chairman

2.     Barr. Mohammed Saje Jajare    (H.O.D Shariah YSU)        Member

3.     Barr. Fatima A. Mohammed        (Senior State Counsel)        “

4.     Barr. Musa Kyari                (C.R. High Court)             “

5.    Barr. Bala Musa Kala             (Senior State Counsel)       Secretary

SUB-COMMITTEE “C”

1.    Barr. Mohammed Yusuf  (Dean Faculty of Law Unimaid) Chairman

2,     Barr. Bamai Lawan Bonegaral      (Sec JSC, (DCR then)        Member

3.     Barr. Ahmed Ladan        (Director Citizens Right)         “

4.     Barr. Sale Dibbo Gadaka     (Dep, Dir. Public Prosecution)     “

5.     Barr. Abubakar Lamba Maluri    (Deputy C.R. H/C)         “

6.     Barr. Abdullahi Babayo Ngada  (Senior State Counsel) Secretary

The work of the sub-committees which is to complement the revision exercise by the Institute formed the bedrock upon which the Institute undertook the revision exercise. In order to finally equip the member of the sub-committees and get them fully abreast with rudiments of the Law revision exercise a workshop was organized by a renowned Consultant on Law review exercise (Hybrid Consult Nigeria Limited).

The sub-committees considered and deliberated on the three volumes including those that were not in the volumes and same was sent to the Institute. And the Institute made all the necessary reviews and technical observations and sent the volumes back to the Chambers for proof reading. Another sub committee was formed which comprises of the Solicitor General and the Deputy Solicitor General to undertake the proof reading. The sub-committee painstakingly proof read the copies sent by the Institute with a view to having a thorough work.

This forward would be incomplete without acknowledging the invaluable moral and financial support of His Excellency the Executive Governor of Yobe State, Alh. Ibrahim Gaidam FNCA, FCNA, FCPA, without whose support this exercise will not have been possible. I want to specifically put on record and most sincerely commend the Solicitor General and the Deputy Solicitor General for their whole -hearted efforts, sacrifice and dedication towards the success of the exercise. I must confess that their contribution is immeasurable. Also worthy of mention is the Yobe State House of Assembly who have, in no time, gave us the legal impetus and power to undertake the exercise by enacting the enabling legislation. Special appreciation also goes to the members of the proof reading and all other sub committees who worked tirelessly and selflessly towards the success of this Law review exercise.

My sincere appreciation also goes to Management and staff of the Nigerian Institute of Advanced Legal Studies for working tirelessly towards the success of the exercise.

Finally, I must admit that as human beings we cannot claim to have perfect Laws. I however believe that we have undertaken an exercise that has substantially accomplished the review of our Laws within a record time in spite of our daunting security challenges and for this, we shall remain grateful to Almighty Allah. I once again, want to express my sincere appreciation and special thanks to the Executive Governor of Yobe State for deeming it appropriate for us to undertake this exercise during his tenure.

A. M. GONIRI ESQ.

Honourable Attorney General and Commissioner for Justice, Yobe State

April, 2014

NIALS/Ford Foundation Project on the Rights of the Child in Nigeria

Preface: The Rights Of The Child Project

Background Concept

The United Nations Convention on the Rights of the Child 1989 was adopted to, inter alia, promote international cooperation for improving the living conditions of children in every country, and to facilitate the promotion and fulfilment of the civil, political, economic, social and cultural rights of children. Nigeria signed the Convention on March 21, 1991. To facilitate the ratification and implementation of the provisions of the Convention via national law, the Nigerian Institute of Advanced Legal Studies (NIALS), the premier legal research centre in Nigeria and indeed in Africa, utilised its unique position to contribute to the process of implementation of the Convention. In collaboration with the Ford Foundation, NIALS embarked on an in-depth research on the rights of children and their protection in Nigeria through funds made available to it by the Ford Foundation.

Activities and Objectives

The objectives of the study were five-fold:

a.    To identify the cultural definitions of a child and of the major concepts of the rights of the child;

b.    To measure public perceptions of the status of childhood and the extent to which children should enjoy rights;

c.    To assess the extent to which children can enjoy rights at the present time;

d.    To assess the legal means and other measures for securing the enforcement and protection of such rights;

e.    To recommend legal means and other measures for securing the protection and enforcement of those rights.

These objectives were crystallised through the efforts of an Expert Working Group (EWG) which served as the think tank for the project. The EWG was made up of distinguished lawyers, criminologists, education and health-care experts, sociologists and NIALS staff selected on the basis of individual merit and competence.

Output

Through the use of designed questionnaires, the EWG, working through a sub-committee, generally guided the development of the project. The research was conducted and organized at three levels: Level 1 consisted of a NIALS team of highly experienced and dedicated staff, responsible for the overall coordination and implementation of the project from inception to conclusion. Level 2 team was made up of zonal coordination drawn mostly from the Expert Working Group who coordinated the field work at the zonal level. Level 3 consisted of the field workers who actually administered the numerous research instruments.

The project considered the socio-economic, cultural and religious perceptions of childhood and the child’s role in the family and society at large. The project also examined the issues relating to children’s rights (including children’s legal rights in the criminal justice system), neglect and exploitation, the prevailing attitudes towards children and perceptions of childhood in Nigeria, etc. These issues and considerations were consolidated, through an analysis of research collated and its findings, into a Book Project on the Rights of the Child in Nigeria, June 1996.

The Book Project consists of three parts: Part 1- which introduces the project, the type of research methodology employed for the project, and an overview of the rights of the child in Nigeria; Part II which sets out the findings of the study; and Part III which summarises the findings of the study and the attendant recommendations. The study served to enhance appreciation of the situation of Nigerian children. It is a worthy contribution to policy initiatives towards improving the welfare of children, to ensure a secure future for present and future generations of Nigerian children.

The Nigerian Institute of Advanced Legal Studies (NIALS) proudly presents the Evidence Act, 2011 Annotated. It follows the series of NIALS Annotated books: Criminal Justice Administration, Banking Statutes and the Electoral Act.

In most jurisdictions, particularly common law jurisdictions, the Law of Evidence is a key component of the legal system as it sets the yardstick for regulating civil and criminal proceedings in courts of law. The annotation of the Evidence Act 2011 undertaken by the Institute is a welcomed development for researchers, academics, legal practitioners, judicial officers and the public as previous annotations of the Evidence Act were based on the Evidence Act, Cap E14 Laws of the Federation. 2004. This annotation provides current information on the decided cases and relevant publications on provision of the Evidence Act. It is particularly unique as it deals with vital amendments of the Act such as the provision on admissibility of electronic/computer generated evidence which for a long time formed the basis of several judicial proceedings.

The quality of the Evidence Act annotated is a reflection of the superior quality of research the Institute is committed to attaining as Nigeria’s foremost institute for advanced studies in law. It reflects the commitment of the academic staff of the Institute to undertake in scholarly research and dissemination of legal knowledge.

I applaud the effort of the Institute’s Research Staff, the Project Editor, Professor Dakas CJ Dakas SAN and the Supervising Editor, Dr Emmanuel Okon for the resilience and skill exhibited to make this publication a reality. I also wish to express my appreciation to the NIALS library staff headed by Mrs. Uwem Eteng, the Acting Institute Librarian, who did the indexing of this publication. I must also acknowledge Mrs. Folashade Adeola Okusanya for undertaking the formatting and typesetting of this work.

Finally I give thanks to God Almighty who makes everything beautiful in its time.

 

Professor Epiphany Azinge, SAN, Ph.D, LLD

Director-General & General Editor

November 2013

The Nigerian Institute of Advanced Legal Studies (NIALS) is the premier legal research centre in Nigeria and indeed in Africa. South of the Sahara. Among its statutory functions is the conduct of research into any branch of the law or related subjects with a view to applying the results thereof in the interest of the nation. In recent years, the Institute has carried out several major research project among which were: the Law and Population Project sponsored by Pathfinder/United Nations Population Fund (UNFPA); the project on Human Rights and the Administration of Criminal Justice I Nigeria sponsored by the Ford Foundation which was completed and published in 1991; and now the project on the Rights of the Child in Nigeria  which is the subject of this publication, and which was also sponsored by the Ford Foundation.

Notification of the award of a grant to conduct indepth empirical study on the rights of children in Nigeria was received in June 1991 during the tenure of my predecessor, Prof. M. A. Ajomo. Preliminary work on the project started in August 1991. Essentially, this was to identify persons to serve on the Expert Working Group (EWG) which served as the think tank for the project. The EWG was made up of distinguished lawyers, criminologists, education and health-care experts, sociologists and Institute staff selected on the basis of individual merit and competence.

The inaugural meeting of the EWG was held on 13th February 1992. The meeting considered, amongst other things, a review of the project objectives, methodology, time frame and so on. The EWG, working through sub-committee, designed the questionnaires and gave generally guided the development of the project. Some members of the EWG also contributed papers based on the research findings at the terminal conference on the project in June 1995 which papers form the basis of this report.

Essentially, the research was conducted and organized at three levels, at one level was the Institute team of highly experience, dedicated and qualified staff. This team was responsible for the overall coordination and implementation of the project from inception to conclusion. At the send level were zonal coordination drawn, in most cases, from the Expert Working Group who coordinated the field work at the zonal level. At the third level were the field workers who actually administered the numerous research instruments.

It was initially expected that all the reports and instruments on the field work would be in the end of May 1993. However, the civil instability between 1993 and 1994 adversely affected the agenda of the project. An additional factor which led to extension of the completion date for the project was the size and complexity of some of the questionnaires which required detailed coding before analysis. There were also anomalies from certain zones regarding the administration of questionnaires and the co-ordination of the field work. All these problems were rectified to our satisfaction, But in the process we were forced to as for an extension of the grant which brought the terminal date of the project to June 1996.

The end result of all these endeavour is this report which is also somewhat delayed. Nonetheless, the quality of the work fully justifies the effort and time expended on it.
I would like to seize this opportunity to thank the Ford Foundation which has consistently supported the Institute’s programmes and activities over the year. We look forward to our continued collaboration and cooperation. I would also like to acknowledge with gratitude the immense contribution of the Expert Working Group (listed in Appendix C) to the success of the project. The multi-disciplinary outlook of this body was invaluable. The dedication of the Institute staff who worked on the project cannot pass unmentioned, in particular the Project Coordinator, Mrs. Isabella Okagbue and the Deputy Coordinator, Mr. Bolaji Owasanoye. I must also mention Mr. L.E. Oni of the Institute Computer Centre who patiently typeset the many drafts of this report and Mr. T.O. Dada of the Institute Library who undertook the indexing.

Finally, let me remind readers that the data which forms the basis of this publication if formidable and is available t the public in raw form in the Taslim Olawale Elias Library of the Institute. It is our hope that future researchers will find the data invaluable in conducting further research for the purpose of deeper analysis and dissemination of knowledge on this important topic: the Rights of the Child in Nigeria.

It is my hope that this study will enhance appreciation of the situation of Nigerian children and contribute to policy initiatives towards improving the lot of this vulnerable group.  Securing the future of Nigerian children really mean securing Nigeria’s future, I am glad to recommend this work which represents a pioneering effort on a most vital subject.

                                                                                                                                                                                             Prof. I.A. Ayua
                                                                                                                                                                                             Director-General

                                                                                                                                                                                              June 1996