The June 12 Story

This #JH special edition is dedicated to commemorating democracy day in Nigeria to demonstrate our resolve for growth of democratic governance.
#ProjectNigeria

#June12 #SpecialEdition #DemocracyDaySpecial
SUBSCRIBE to our YouTube channel for more great videos: http://www.youtube.com/tvcnewsnigeria

Follow us on Twitter: https://twitter.com/tvcnewsng

Like us on Facebook: https://www.facebook.com/tvcnewsng

For more great content go to https://tvcnews.tv

Download our mobile app for iPad, iPhone and Android at http://mobile.tvcnews.tv or go to the store

This content was originally published here.

Related posts

Ogun: Abiodun, Akinlade react to death of Adeosun – Daily Post Nigeria

person

Governor Dapo Abiodun of Ogun State and the governorship candidate of the Allied People’s Movement (APM) in the state during the last election, Hon. Adekunle Akinlade, have mourned Hon. Saibu Adeosun.

The duo of Abiodun and Akinlade, in separate statements, described Adeosun’s death as a great loss to his family, friends and political associates as well as the All Progressives Congress in Ipokia Local Government and Ogun State in general.

DAILY POST reported earlier that Adeosun, one of the newly appointed 20 Local Government Caretaker Chairmen by Gov Dapo Abiodun has died. 

Adeosun was appointed alongside others to head Ipokia Local Government Caretaker Committee.

It was learnt that Adeosun, who was to be screened by the Ogun State House of Assembly today, died around 5 am on Wednesday.

Abiodun, while swearing in the President of the Customary Court of Appeal, Justice Mobolaji Ayodele Ojo and other Judges of the Court, observed a minute’s silence in Adeosun’s honour, praying that the good Lord comfort his family and grant his soul eternally rest.

“The death of the Chairman-Nominee for the Transition Committee in Ipokia Local Government Area of Ogun State, Saibu Adeosun Mulero, a few hours to his screening by the State House of Assembly came to us as a rude shock.

“He was such a diligent and resourceful grassroots politician, whose skills and astuteness would have helped the people of Ipokia move to a higher level of development.

“He will surely be missed by the party, APC, the good people of Ipokia LGA that he had plans to lead, and the Dapo Abiodun administration would miss his envisaged contributions to our model of inclusive and participatory governance, of which he was a disciple,” Abiodun said.

On his own part, Akinlade, who shares the same local government as Adeosun, in a statement signed by his Media Aide, Adelani Azeez, said, “It is with a heavy heart that we write to mourn the death of our brother and a member of our great party in Ipokia Local Government – Hon. Saibu Adeosun, who joined his creator this morning.

“Until his demise, Hon. Adeosun was a grassroot politician and an All Progressives Congress (APC) member.

“We did not wish for this untimely death, but God knows better and we implore Him to grant the family of the bereaved the fortitude to bear the irreparable loss.

“Hon. Adeosun’s death is a great loss to his family, friends, political associates, All Progressives Congress in Ipokia Local Government and Ogun State in general.

“Adeosun’s demise calls for sober reflections and it is a lesson to all of us that, from God we came and to Him we shall return someday.

“May Almighty God forgive his sins and grant him eternal rest.”

Related posts

Christ Embassy Church probe in UK: The Full report | P.M. News

person

Pastor Chris Oyakhilome: heads the Christ Embassy Church in UK

Christ Embassy Church, owned by Pastor Chris Oyakhilome and registered in the UK in 1996 as a charity came under probe of the Charity Commission in 2013, following complaints about the use of charitable funds on large connected party payments.

Truly, investigators discovered numerous failings in its management. They established that a number of informal grants and payments were made, including over £1.2 million* to a broadcasting company, Loveworld Television Ministry, which was wholly owned by a trustee of the charity.

Also, for six years the charity had allowed Loveworld free use of a £1.8 million property it had purchased, and was subsidising a proportion of the company’s utility bills. The inquiry found a lack of formal contracts or appropriate record keeping, and a lack of evidence of proper decision-making or of conflicts of interest being appropriately managed.

Financial management at the charity was also found to be poor. The trustees claimed 9 bank accounts held funds belonging to Christ Embassy Nigeria, and that 3 UK properties belonged to Christ Embassy Nigeria, however the inquiry concluded that all of these in fact belonged to the charity.

Oyakhilome’s ex-wife Anita Ebodaghe: was on the charity board at the time

The inquiry considered that there was serious misconduct and/or mismanagement in the administration of the charity, and took action to remove two of the trustees of the charity, however the individuals resigned before the sanction was applied. The Commission has since been granted new powers to address this loophole, which it secured under the Charities (Protection and Social Investment) Act 2016.

As a result of the inquiry, a new board of trustees was set up to strengthen the administration and management of the charity.

Amy Spiller head of the investigation team spoke on how the investigation was able to dissect the complex web of entities connected with the Christ Embassy Church:

“This was a complex inquiry that unveiled numerous failings by those running Christ Embassy over a number of years, which exposed the charity to undue risk. I am pleased that these issues have been resolved and that the new board of trustees has shown a clear commitment to move the charity forward responsibly.

“Those running a charity should always be guided by their charitable purpose. Trustees have an important responsibility to ensure that they act in the best interests of their charity at all times, and take care to safeguard their charity’s assets. Our guidance around governance arrangements is there to help trustees ensure they do just that.

“Charities are trusted in a way that is unique, and people often put a lot of faith in religious charities. It is therefore vital that trustees, particularly those with a large following, do all that they can to inspire public trust”.

Christ Embassy operates over 90 churches in the UK, providing religious services to over 5000 people, and has a substantial international following.

Here is the full report released 14 November, 2019 as culled from www.gov.uk

The Charity
Christ Embassy (the charity) was registered on 19 November 1996. It is governed by a Declaration of Trust dated 23 October 1996.

The charity’s entry can be found on the register of charities.

Charity Structure
The charity was established in South London in 1996. The charity’s Headquarters is located at the Loveworld Conference Centre (commonly referred to as the “Christ Embassy International Office”), in Folkestone, Kent and is supported by three sub offices situated in Bermondsey, Croydon and Hendon. The sub-offices operate in excess of ninety churches throughout the country, providing religious services to in excess of five thousand beneficiaries.

The charity has a trading subsidiary company called Christ Embassy Limited (Company Registration No. 05862298) which became a subsidiary in 2012. The trading subsidiary shares the charity’s UK headquarter premises. The trading business involves the production, sale and distribution of religious books and media products.

The charity’s reported income in the year ending 31 December 2013 was £14,055,229 and its expenditure was £15,923,977.

Trustees
During the Commission’s engagement with the charity (since 2012) there have been numerous trustees in office. The table below only lists the trustees who were in office for a part of the inquiry.

Trustee From To
A (Reverend Christian Oyakhilome) 23 October 1996 17 May 2014
B (Reverend Anita Oyakhilome) 6 April 1999 2 June 2015
C (Pastor Obioma Chiemeka) 6 October 2009 13 October 2015
D (Pastor Nkemakonam Odiakah) 6 October 2009 15 February 2016
E (Pastor Ifeoma Onubogu) 6 October 2009 12 February 2016
F (Pastor Uche Onubogu) 17 May 2014 26 January 2015
G (Pastor Tony Obi) 17 May 2014 16 October 2015
H (Reverend Raymond Okocha) 17 May 2014 8 August 2017

Trustee A resided in Nigeria and was the founder and international leader of the charity. His wife, trustee B, resided in the UK and was leader of the UK based charity.

Trustees B, D and F were also paid employees of the charity during periods of their trusteeships, which was permitted by their governing document in particular circumstances.

Following the appointment of an Interim Manager and full governance review, a new board of trustees (the new board of trustees) was appointed on 12 April 2016 who are now responsible for the administration and management of the charity going forward. Significant progress has been made to address the governance and improve oversight and control by the new board of trustees.

Issues under Investigation

On 29 July 2013, the Commission opened a statutory inquiry (the Inquiry) into the charity under section 46 of the Charities Act 2011 (the Act).

The Inquiry closed with the publication of this report.

The scope of the Inquiry was to examine a number of issues including:

*the transactions between the charity and “partner organisations” that include grants made to a number of unidentified entities and Loveworld Television Ministry, Healing School, International School of Ministry, Christ Embassy France, Christ Embassy Canada, IPCC Conference and Rhapsody of Realities

*the administration, governance and management of the charity by the trustees with specific regard to connected party transactions in respect of payments to Loveworld Limited and the management of conflicts of interest

*the financial controls and management of the charity

*whether or not the trustees had complied with and fulfilled their duties and responsibilities as trustees under charity law

Findings
Transactions between the Charity & “partner organisations”
The Inquiry team examined the accounts of the charity, for the period 2009-2011 which showed that the charity had paid substantial grants to organisations classified as “partner organisations”.

During 2009-2011, the charity’s accounts show grants amounting to £1,281,666 were paid to Loveworld Television Ministry; £118,995 to Healing School, £186,616 to International School of Ministry, £10,000 to Christ Embassy Canada, £10,566 to Christ Embassy France, £37,216 to IPPC Conference and £77,266 to Rhapsody of Realities.

The trustees provided the Commission with a copy of their grant making policy, and admitted to the Inquiry that “Prior to the involvement of the Charity Commission the grant making practice consisted of a discussion by the Trustees at a Trustee meeting regarding who should receive grant”.

Following his appointment on 6 August 2014, the Interim Manager (the IM) examined the charity’s records and found no evidence of compliance with the Grant Making Policy. Documents examined, by the IM, demonstrated a lack of records and receipts to account for grants made and there appeared to be little consideration given to whether the receiving parties had expended grants appropriately and for intended purposes, as was required by the policy.

This demonstrates failure to comply with its grant making policy and inadequate recording of decision making by the trustees which is misconduct and/or mismanagement in the administration of the charity.

Administration, governance and management of Charity by trustees-specific regard to connected party transactions in respect of payment to Loveworld Limited (also known as Loveworld Television Ministry – registered number 4691981) and management of conflict of interest
The inquiry had serious concerns regarding the trustees’ decision making relating to the charity’s relationship with Loveworld Limited.

It was established that Trustee C, was the sole shareholder of Loveworld Limited since its incorporation in March 2003. Trustee C had also been trustee of the charity between October 2009 and October 2015. The primary objective of the Loveworld Limited was to advance Christian programming in the UK and to provide entertaining and educational programmes for the diverse demographics of the UK, which it did by carrying out both radio and television broadcasting services.

The trustees informed the Inquiry, payments made by the charity to Loveworld Limited were not grants/donations as indicated in their accounts but represented payments for broadcasting services provided by the company to the charity. On 28 March 2013, the trustees were asked to provide all documentation held by the charity or its trustees that recorded the decisions made in respect of the payments by the charity to Loveworld Limited. On 19 September 2013, the trustees provided only two sets of minutes of trustee meetings (minutes of trustees meeting dated 6 January and 6 April 2012) that appeared relevant to the issue. However, neither set of minutes included any decision or resolution to make payments to a company of which one trustee was sole shareholder.

The trustees did not have any formal contracts in place, or indeed rationale for using Loveworld Limited as opposed to any other broadcaster. Additionally the IM, during his inspection of books and records found no evidence to suggest that any of the trustees considered whether the costs charged by Loveworld Limited were better value than the costs charged by any other service provider. The trustees have failed to take, or have failed to record, any proper decisions as to why such payments are in the best interests of the Charity.

The IM confirmed that as early as 2009, the Audit Report highlighted to trustees that transactions with organisations and companies controlled by trustees were required to be disclosed in the financial statements as related party transactions. Auditors also recommended that trustees seek professional advice on whether these payments were permitted under their governing document, discuss and decide whether the payments were in the best interests of the charity and minute those discussions, ensuring that any conflicted parties withdraw from the meeting during discussions. The IM’s investigation into these matters found that this advice had not been followed and in particular there was no evidence that the trustees had sought legal advice.

The IM’s scrutiny of charity records and documents demonstrated that the trustees had failed to comply with the terms of the charity’s governing document and that they failed to comply with the requirements of section 185 of the Act in paying for services by a company owned by a trustee.

Additionally, the Inquiry identified that the charity had purchased a property in March 2006, costing £1.8 million and allowed Loveworld Limited free use of the property from 2006 until September 2012. The trustees informed the Inquiry that Loveworld Limited had only occupied a “small part of the premises”, on an informal basis, with the charity using the premises themselves until February 2014. They informed the Inquiry that the arrangement had been formalised since 2012 and the company was charged £75,000 per year for use of the property. The Inquiry considers that this level of rent indicates that Loveworld Limited occupied a substantial proportion of the building.

The trustees failed to demonstrate that rent for occupation of the premises was a properly assessed market rent which would cover the charity’s overheads. The trustees stated, that the yearly rental income covered all mortgage costs incurred by the charity, however later stated that the charity’s annual mortgage payment was higher than this.

It was unclear to the Inquiry how the permitted, free use of the premises to Loveworld Limited between 2006 -2012 was in the best interests of the charity and was properly authorised.

This indicates that the trustees failed to act in the charity’s best interests or with reasonable care and skill in terms of their decision-making and in the negotiation of the arrangements with Loveworld Limited and in not seeking appropriate advice regarding formalising occupation of premises by the company. In addition, the fact that the charity was also subsidising a proportion of the company’s utility bills indicates a lack of reasonable care and skill and a failure to use the charity’s resources responsibly. These actions were not in the charity’s best interest or in furtherance of its objects and were misconduct and/or mismanagement in the administration of the charity.

Ventaja Limited
An audit conducted by the IM on appointment also identified purchases in excess of £30,000 by the charity from Ventaja Limited – trustees’ reports and financial statements for year ending 31 December 2013: the charity declared £44,925 of purchases made from Ventaja Limited for decorating and the construction of a stage. The company was wholly owned by Trustee G. The payments were made while, Trustee G was church pastor and zonal pastor (prior to being appointed trustee in May 2014). His wife was also director of the company, church pastor and a salaried employee of the charity. The IM found evidence indicating that Trustee G had employed the services of Ventaja Limited to provide services to the charity but it was unclear from the charity’s records what considerations were made regarding potential conflicts of interest. It is unclear to the Commission that the decision making trustees, in position at the time payments were made, were acting only in the interests of the charity.

The trustees failed to provide any records to evidence that conflicts of interest had been identified or correctly managed prior to the opening of the Inquiry. Although the trustees provided the inquiry with a copy of their new “Conflicts of Interest Policy” in their 2013 response, they did not have any policy which covered the conflict which arose as a result of Trustee G, being a church pastor and trustee, authorising payments from his church to his company and therefore effectively paying his own company. The trustees failed to demonstrate that they had recognised or properly managed conflicts of interest. Consequently the Inquiry found this was misconduct and mismanagement in the administration of the charity.

Financial control & management of the Charity
When interviewed by the Inquiry in October 2013, the trustees explained the structure and administration of the charity to the Commission. The structure involved Chapters (also known as churches) within the charity which were spread across the UK with the use of over 100 premises. The IM found that cash collection and payment recording processes were not uniform across the charity, with a number of basic key controls (for example timely bank reconciliations or maintenance of the SAGE records ) found to be lacking.

Bank Accounts/Assets
The inquiry identified nine active bank accounts that the trustees identified as holding funds belonging to Christ Embassy Nigeria (Christ Embassy Nigeria is a separate company to the charity). The inquiry found no evidence to suggest that any of the banking institutions were aware that they were holding funds controlled by Christ Embassy Nigeria. In addition, the accounts were not named in such a way as would indicate the funds are controlled from Nigeria: for example, two of the active accounts are named Christ Embassy East London.

The inquiry, not being satisfied that the funds held in these accounts were owned by Christ Embassy Nigeria, exercised legal powers and issued orders dated 8 august 2014, under section 76(3)(d) of the Act, freezing six of these nine bank accounts, protecting funds to a value of £615,420.

In the absence of clear evidence to support the trustees’ position, the Inquiry concluded that funds held in the accounts belonged to the charity and these accounts remained frozen until the order was revoked on 24 August 2016. The Inquiry being satisfied that the new board of trustees had assumed control of the charity’s property discharged the freezing order on 24 August 2016.

This demonstrates the trustees’ failure to deal with the bank accounts appropriately and their lack of understanding of financial management and the importance of clearly identifying the charity’s property and/or assets held on behalf of another entity and is mismanagement and/or misconduct in the administration and governance of the charity by the trustees.

Tax related issues
The IM informed the Inquiry that the trustees’ failed to submit the charity’s 2010-11 and 2012-13 Self-Assessment Tax returns on time to HMRC thereby incurring penalties for late submissions. In addition, the IM found that the trustees had failed to comply with information Notices issued by HMRC thus incurring further penalties.

The trustees’ non-compliance and failure to submit the charity’s Self-Assessment forms within statutory deadlines resulted in scrutiny by HMRC creating a risk to the charity’s assets in regard to financial penalties incurred and is further evidence of trustees failing in their duty to protect and manage resources responsibly.

Gift Aid is available on donations made by UK tax payers such that the charity can reclaim the tax already paid on the donation by the donor. This means the charity can receive an extra 25p for every £1 donated. It is the trustees’ responsibility to ensure that the charity has effective systems and internal controls in place to ensure complete and accurate returns are made, reducing the risk of amounts being reclaimed by HMRC and ensuring that the charity receives the Gift Aid promptly and with confidence.

The IM established that the charity had failed to maintain:

*sufficient records or processes to show that expenditure by employees had not been an employee benefit and therefore subject to tax
*sufficient records to show that charity vehicles were being used solely for charitable purposes and not used by trustees/employees for private use
*sufficient records to support the charity’s claim to Gift Aid and to demonstrate the expenditure was in fact charitable

The IM dealt with these inquiries and agreed a settlement with HMRC. During discussions with HMRC, the IM made payments on account of £250,000 in order to minimise interest/penalty charges.

The IM informed the Inquiry, in excess of £1.4m of expenditure was disallowed by HMRC and became subject to tax.

The IM reached final settlement over these matters prior to his discharge.

The trustees’ failure to maintain sufficient records and processes to account for expenditure resulted in scrutiny by HMRC creating a risk of criminal proceedings and loss to the charity’s assets in regard to tax liabilities and is further evidence of trustees failing in their duty to protect and manage resources responsibly.


Whether complied and fulfilled duties and responsibilities as trustees under charity law

The Inquiry found a number of breaches of their legal duties by the trustees as evidenced in the previous sections of this report. Additionally the Inquiry found evidence that the trustees exposed the charity, its assets and/or its beneficiaries to harm or undue risk for example:

Property Related matters
The charity is unincorporated, and as such does not have legal personality and cannot hold property in its own name. Instead property must be held on behalf of the charity by nominated individuals (known as holding trustees, and often in practice one or more of the charity’s trustees). From time to time these individuals will change for example due to retirement or death, and the legal ownership of the property will need to be transferred to the new trustees to ensure that the Land Registry records are accurate.

The charity’s main asset other than cash was its ownership of a number of properties. The Inquiry identified 3 UK properties that were not disclosed to the Commission in the trustees’ first responses or during the October 2013 meeting. The trustees asserted that despite the legal title of the properties being vested in the name of two of the charity’s trustees, the properties “were acquired on behalf of, and held in trust for, Christ Embassy Nigeria”.

The Inquiry noted that the Land Registry entries in respect of the 3 properties made no reference to the beneficial owner being Christ Embassy Nigeria and documentation supplied by the trustees provided no evidence to support their assertions. None of the Land Registry proprietorship registers differed in any material way from those of the properties originally disclosed to the Commission as belonging to the charity. These matters were explored further by the IM. His investigations confirmed that the properties were held legally and beneficially by the charity and that there was no trust in place suggesting they were held on behalf Christ Embassy Nigeria.

The Inquiry obtained evidence that the trustees’ failed to ensure land registry details for charity properties were amended once trustees resigned. This was raised a number of times by Auditors in their reports from 2009 onwards and as a result the trustees failed in their duties and responsibilities as trustees to act in the charity’s best interests.

Insurance
The Inquiry found that the trustees failed to secure adequate insurance to protect charity assets and protect against claims for accidental damage to property/or compensation for accidental injury to third parties. The IM was made aware of an outstanding claim in February 2015, brought by a member of the congregation who was injured at a charity premises in 2012. The IM sought to identify whether any relevant insurant was in place. The trustees confirmed that there was no relevant insurance cover and following legal advice obtained by the IM, he settled the claim, in order to avoid lengthy and costly litigation.

The failings of trustees to act appropriately left the charity open to financial and reputational risk and losses, as well as to risk of litigation.

Planning & Building
The trustees failed to ensure that a property purchased by the charity had the necessary planning permission for use as a place of worship – D1 use as Non-Residential institutions, which include a place of worship and church hall. The previous owner had applied for permission to use the property as a place of worship, in 2003 but the planning application had been refused by the local authority. The charity appealed the decision unsuccessfully. Enforcement action was commenced by Southwark Council (18 April 2011). This was also unsuccessfully appealed by the charity. The continued unauthorised use of the premises as a place of worship by the charity, exposed it to enforcement action by the Council. The IM team liaised with the Council to permit a planned exit from the premised which was vacated in January 2015.

The existence of the enforcement notice is a criminal matter. Any breach of the enforcement notice and continued unauthorised use of the premises as a place of worship exposed the charity to prosecution by Southwark Council. Legal advice obtained by the IM confirmed that the breach could have led to criminal sanctions being imposed against the charity and potentially exposed the charity to confiscation proceedings under the Proceeds of Crime Act.

This demonstrates the trustees’ lack of understanding regarding planning law and regulations which exposed the charity to substantial financial risk as well as legal costs.

Conclusions
The Inquiry concluded that there was serious misconduct and/or mismanagement in the charity’s administration. The former trustees, at the relevant times had not complied with or fulfilled their duties as trustees under charity law. They failed to:

*exercise reasonable care and skill in the execution of their roles and as a result exposed the charity to risk and financial loss
*ensure sufficient financial controls and procedures to protect the charity’s property file their annual accounting information, in accordance with their statutory obligations, on time
*ensure that conflicts of interest were effectively managed comply with the terms of the charity’s governing document in relation to remuneration of trustees
*obtain professional advice during their decision making process and to properly record their decision-making
*comply with planning law and regulations and adhere to enforcement notices, causing the charity substantial financial loss
*address the need for Health & Safety compliance and the lack of adequate property insurance exposed the charity to considerable losses which could have been avoided or minimized with proper management and prompt action

In light of the findings and evidence of misconduct and/or mismanagement, the Inquiry exercised its legal powers under section 79(2)(a) of the Act to remove two of the trustees of the charity.

However the trustees subject to regulatory action resigned prior to the Commission being able to complete the process. Section 79(5) and 82 of The Charities (Protection and Social Investment ) Act 2016 has closed this loophole, thereby allowing the Commission to proceed to remove a charity trustee who has resigned following the Commission having given notice to the charity trustees of its intention to make a removal order. The law has since been amended so that resignations following the Commission issuing a notice of intention to remove a trustee would not prohibit the trustee’s removal and consequent disqualification from action as a trustee in the future.

Regulatory Action Taken
During the course of the Inquiry the Commission exercised its legal powers (Sections 47, 52 and 54 Charities Act 2011), provided by the Act, to issue various orders and directions for the purposes of information gathering from local authorities, private individuals and companies, including financial institutions.

The Inquiry directed trustees to a meeting on 18 October 2013 to discuss regulatory concerns and seek further explanation from the trustees. The charity’s books and records were also inspected on 13/14 November 2013.

The Inquiry, being satisfied in accordance with section 76(1) of the Act, that there had been misconduct and / or mismanagement in the administration of the charity and that it was necessary or desirable to act for the protection of the property of the charity, used a number of regulatory powers, under the following sections of the Act:

*section 76(3)(d) orders (8 August 2014), directing the banks not to part with the charity’s property without the Commission’s prior written consent, protecting £615,420 of the charity’s funds

*section 76(3)(g) appointing an Interim Manager on 6 August 2014 (appointment to take effect from 11 August 2014) and then under 337(6) varying the order (25 January 2016) to authorise the
*Interim Manager to appoint a new board of trustees
section 337(6) discharging (18 November 2014) the order not to part by further order, once the

*Interim Manager assumed control of the charity’s property

The former trustees exercised their right to appeal (8 August 2014) to the First-tier Tribunal, General Regulatory Chamber (Charity) against the order appointing the Interim Manager. The appeal was withdrawn on 20 January 2015 with the charity’s legal representatives, notifying the Commission that the trustees were “now willing to accept that the statutory threshold under section 76 of the Act was met in the present case”.

Appointment of an interim manager
The Inquiry appointed an interim manager, Rod Weston of Mazars LLP, (the IM) on 6 August 2014 under section 76(3)(g) of the Act to take over the management and administration of the charity to the exclusion of trustees. The trustees were not excluded from performing the religious and/or spiritual functions connected with their roles as Pastors within the charity.

The scope of the IM’s appointment included:

*taking control of the management and administration of the charity to the exclusion of trustees and taking steps to secure and protect charity property

*reviewing the governance and administration of the charity and taking remedial action in the best interests of the charity

*reviewing the charity’s financial controls, systems and reporting procedures, safeguarding funds and ensuring proper expenditure controls and governance
consider whether any of the decision making trustees were personally liable for any breach of duty/loss of the charity, taking remedial action to regularise any breaches of duty in the best interest of the charity

The costs of the IM’s appointment, including legal advice and fees that would have been necessary and incurred by any trustee, amounted to £1,244,983.50 excluding VAT. The costs of the IM’s appointment were met out of the charity’s funds and are itemised as follows:

*fees directly related to work as IM – £390,358.40
*professional fees – £854,625.10 (relating to work conducted by 3rd parties on behalf of the IM)
*In addition £208,000 of work was undertaken by the IM on a pro bono basis.

As part of his appointment, the IM completed a full governance and infrastructure review of the charity and its activities. His initial findings, on 9 October 2014, corroborated the Commission’s regulatory concerns relating to the charity, reporting that “the board of trustees appears to be fragmented” and “appear to have little appreciation of their roles, duties and obligations as Trustees”. He identified a number of Health and Safety risks and concerns as well as legal issues relating to property matters which had failed to be dealt with by the trustees and which posed financial risks to the charity. The IM’s investigations found failings in the charity’s governance, leadership and management structures and personnel, including identifying that the charity had insufficient financial controls and procedures.

Remedial actions were taken to regularise the charity’s governance to ensure it was fit for purpose. This encompassed the following:

*establishing a central record of all properties leased and/or rented by the charity to ensure that the terms of leases were being met appropriately and suitable exit plans were in place where leases were due to expire
*establishing an accurate record of assets (ownership of a number of properties, motor vehicles and a range of fixed assets ) owned by the charity, gaining control of the charity’s property portfolio and cash reserves – the IM reduced the number of bank accounts in operation from approximately 40 to 8 and in September 2015 took control of just under £12,000,000

*introduction and implementation of financial controls, systems and reporting procedures, regularising the management of income and expenditure

*Health and Safety audits and fire risk assessments were carried out; training provided to staff and implementation of suitable Health & Safety policies and procedures
extensive liaison with HMRC resulting in settlement of the charity’s tax liabilities
recruitment of new board of trustees

*induction and training of new trustees

Restitution
On 18 November 2015, the IM considered professional advice and the particular circumstances of this case and decided that restitution (by way of civil claims against former trustees for breaches of duties and losses to the charity was not in the best interests of the charity.

Following the appointment of a new Board of Trustees on 12 April 2016, significant progress has been made to address the governance and improve oversight and control by the new trustees, as a result of which the IM was discharged on 12 April 2016.

Issues for the wider sector
Financial Controls & Accounting Records
Proper financial controls are a necessary feature of any well-run organisation. Because of the special characteristics of the charitable sector, they play an essential part in helping to show potential donors and beneficiaries that a charity’s property is safeguarded, and that its management is efficient.

Trustees are equally responsible for the overall management and administration of the charity. Every charity’s accounting records must be sufficient to show and explain its transactions and disclose with reasonable accuracy its financial position. Trustees should ensure that financial controls are not only adequate but provide sufficient information to satisfy the trustees that the controls are being observed. If, due to the nature of the charity, its work, location and /or set up the trustees delegate supervision of financial arrangements to one or a small number of trustees or employees, they need to ensure that there are arrangements in place for proper reporting back to the whole trustee body. In this way, system failures or issues can be identified at an early stage.

Therefore, in order to show that they are complying with their legal duties, trustees must keep records and an adequate audit trail to show that the Charity’s money has been properly spent on furthering the Charity’s purposes for the benefit of the public.

Conflicts of Interest Policy
Charity trustees should ensure that they have a conflicts of interest policy in place to ensure that they are fully aware of their responsibilities and that any conflicts that do arise are appropriately managed.

Where a charity trustee has a conflict of interest they should follow the basic checklist set out in the Commission publication Conflicts of interest: a guide for charity trustees (CC29) and where necessary or appropriate take professional advice.

The law states that trustees cannot receive any benefit from their charity in return for any service they provide to it or enter into any self-dealing transactions unless they have the legal authority to do so. This may come from the charity’s governing document or, if there is no such provision in the governing document, the Commission or the Courts. Further information is available from Trustee expenses and payments (CC11).

Charity Property
Charity trustees have a general duty to manage their charity’s resources responsibly, reasonably and honestly. This means not exposing their charity’s assets, beneficiaries or reputation to undue risk. It is about exercising sound judgement and then taking decisions that a reasonable body of trustees would do.

Trustees must put appropriate policies, procedures and safeguards in place and take all reasonable steps to ensure that these are followed.

If a charity owns land or buildings, trustees need to know on a continuing basis what condition it is in, that it is being properly used, and that adequate insurance is in place. The essential trustee: what you need to know, what you need to do (CC3) makes clear that decisions about charity land and property are important. If the charity owns or rents land or buildings, the trustees need to:

*make sure the property is recorded as belonging to the charity
know on what terms it is held
*ensure it is properly maintained and being correctly used
*make sure the charity has sufficient insurance

A charity’s governing document or the general law can provide a ‘power to insure’. If the governing document imposes a positive duty to insure, if trustees then fail to insure property, this will be a breach of trust. More details are available in the Commission’s guidance Charities and insurance (CC49).

Trustee Decision Making
Charity trustees are responsible for governing their charity and making decisions about how it should be run. Making decisions is one of the most important parts of the trustees’ role. Trustees can be confident about decision making if they understand their role and responsibilities, know how to make decisions effectively, are ready to be accountable to people with an interest in their charity, and follow the 7 principles that the courts have developed for reviewing decisions made by trustees. Trustees must:

*act within their powers
*act in good faith and only in the interests of the charity
*make sure they are sufficiently informed
*take account of all relevant factors
*ignore any irrelevant factors
*manage conflicts of interest
*make decisions that are within the range of decisions that a reasonable trustee body could make

It is important that charity trustees apply these 7 principles when making significant or strategic decisions, such as those affecting the charity’s beneficiaries, assets or future direction.

Share this:

Related posts

UK probes Nigerian church where members sell blood, take loan for church

person

Spac Nation church, a church headed by a Nigerian in the UK is reportedly under investigation over its alleged methods of raising funds.

The church which is headed by Tobi Adegboyega who came to Britain in 2005, has been accused of pushing its young members into selling their blood and also taking bank loans which they allegedly donate to the church to fund the lavish lifestyle of its pastors.

The church which was praised by politicians in the past for rehabilitating youths linked to gang violence, came under scrutiny following a number of exposés which alleged that it was pressuring young members to beg, borrow and steal money for the church.

UK’s Charity Commission who confirmed the probe, said it was looking into the governance, management, policies and practices of Spac Nation church, a registered charity set up to spread Christianity, particularly in relation to the safeguarding of its beneficiaries and its financial arrangements.

Earlier this week, HuffPost UK reported that some Spac nation members allegedly took teenagers to donate blood for medical trials, in a practice known as “bleeding for seed”. The church has however denied the claim.

Labour MP Steve Reed, the Shadow Children’s Minister, previously told The Mail on Sunday:

‘The allegations I have received about Spac Nation from vulnerable young people are truly disturbing.

‘Victims are saying it is run like a cult. I want there to be a full investigation.’

The Charity Commission also revealed that Spac Nation had been subject to a regulatory compliance case since April 2018 after it received reports about safeguarding and financial concerns.

The commission said in a statement;

“Of immediate concern to the commission is that substantial amounts of charity money are held in cash. As a protective measure, the commission has issued an order under section 84 of the Charities Act, requiring the charity to bank its money.

“The commission is also concerned about the apparent lack of clarity between the personal, business and charity roles of leaders within the charity.

“Charities exist to improve lives and strengthen society; the issues that have been raised related to Spac Nation in recent weeks are highly concerning, even more so as the allegations are entirely at odds with the expectations about the way that charities will operate.

“The opening of this inquiry is an important step that will allow us to examine these concerns further and establish the facts. We will seek to provide assurance to the public and the community that these matters will be considered fully and, where necessary, resolved.”

However reacting to the inquiry, Spac Nation’s Board of Trustees said it was needful to lay to rest some unverified allegations.

Its statement partly reads;

“Inquiry is what we have always asked for. If anything is found wrong we will adjust it, and if not we will keep going strong.
“If any pastor or leader is caught pressuring people to donate, such leader will be expelled without delay, not to talk of pressuring to donate blood for money. We encourage people to donate blood and all they can for the community but we also say not for money ever, that just won’t happen here.”

Related posts

Ondo: PDP tackles Akeredolu over daughters wedding in Mauritius

person

…EXCO members went at their personal expenses — Govt

Dayo Johnson, Akure

The opposition Peoples Democratic Party in Ondo state yesterday said the conduct of the wedding of the daughter of governor Rotimi Akeredolu in Mauritius was a vexatious display of insensitivity by the governor towards the difficult challenges currently being faced by citizens of the state.

It alleged that ” almost 100 people attended the wedding in Mauritius adding that ” such a visit is not only needless but irresponsible and shows clearly what the priorities of this government are”.

A statement issued by the state Director of Media and Publicity , Zadok Akintoye in Akure said “Within the last two years, the governor has celebrated weddings of his children across the world from Canada to the United States and now Mauritius at the expense of citizens of this state without any sense of respect to the people he leads.

“How else can one explain the present display of affluence and disdain for the people?

The governor, family members, members of the State Executive Council, wives of traditional rulers, Speaker Bamidele Oloyelogun, Deputy Speaker lroju Ogundeji and other principal officers of the State House of Assembly amongst others aides of the governor and his wife Betty travelled to Mauritius for the wedding.

Akeredolu’s daughter, Dr Teniola was joined in holy wedlock with Engineer Olatunde Mike Oyeyiola at the Long Beach Sun Resort, Mauritius on the 30th of November.

Akintoye said “The recent outcry of citizens of this state against the vexatious display of insensitivity by the Governor of Ondo state, Mr. Rotimi Akeredolu SAN, remains another testament of the lack of empathy by the APC-led government towards the difficult challenges currently being faced by citizens.

“Considering very carefully the deplorable condition of public infrastructure in the state, the high number of students in public universities who have been forced to either suspend or fully abandon their academic pursuits, the inability of this government to provide basic and affordable healthcare.

” One would have expected the governor to show some minimal level of empathy expected of a public servant superintending over a government that has increased taxes and levies paid by citizens and forced many to seek survival through pain.

” lt is on record that this APC-led government, remains the most anti-people government in the history of Ondo state and one that has glorified crony capitalism, nepotism, tribalism and wanton disregard for the welfare of the people.

“We therefore ask this government to face the serious issues of providing good governance rather than turning the administration of  public wealth and resources into an opportunity for grandiose parties and jamboree.

“The indefensible response from the Honorable Commissioner for Information, Mr. Donald Ojogo that only five cabinet members graced the occasion, can at best be seen as a  deliberate attempt misinform the citizens.

” Its on record that members of the Cabinet, the Speaker and Members of the state House of Assembly, Aides and Assistants of this Governor, numbering almost 100 attended the wedding in Mauritius.

“For a government that has not been able to mobilize its aides to deal with the deplorable state of public infrastructure in the state, such a visit is not only needless but irresponsible and shows clearly what the priorities of this government are.

ALSO READ: Breaking: Police declare Nnamdi Kanu’s lawyer ‘Ejiofor’ wanted

” We put this government on notice that its’ reckless abandonment of the good of the people will be remembered when this government is replaced by a more people friendly PDP government in 2020.

However, in a swift reaction, the information and Orientation commissioner Donald Ojogo has denied the ” needless insinuations surrounding the wedding ceremony of the daughter of the governor in Mauritius.

Ojogo said that “the baleful narratives deliberately churned out to the public were not in unexpected.

“This is more so that the quality of those who attended the event has the capacity to draw such carousal inspirations that state funds were spent on the travel and other expenditures of those who were at the ceremony.

” lt is perhaps, pertinent to state that the erroneous impression being created by those behind the unsavoury perspectives that the entire members of the State Executive Council attended the event is not just puerile but pernicious.

“For the records, not more than five of the 30-member Cabinet graced the event at their personal expense.

He added that “We therefore plead with sponsors of such unholy narratives to be kind enough to provide evidence of State Government’s funds spent on those who attended the wedding ceremony.

Related posts

Women hold IGP accountable for PDP Woman leader’s death

person

Women groups have re-stated their call for justice for the death of Peoples Democratic Party (PDP) Woman Leader, Mrs Salome Abuh, who was burnt to death in her house during the Nov. 16, Kogi governorship election.

National President, Women in Politics Forum (WIPF), Ebere Ifendu, made the demand while briefing newsmen at the end of a panel session on women in politics during the national women’s dialogue titled “Womanifesto”.

News Agency of Nigeria (NAN) reports that various groups of women, NGOs, female religious groups and others embarked on a match from the National Centre for Women Development to the Federal Ministry of Women Affairs after a three-day conference in Abuja on Friday.

Ifendu at the briefing decried the poor participation of women in politics, which she attributed to violence and intimidation.

She said the situation would discourage more women from participating in politics, thereby stalling their contribution to national development.

“There must be justice for Salome because this is a huge crime against women; we are still struggling to find our feet with all the challenges women face and now this.

“We are afraid and going down on a daily basis but there must be justice to give us reasons to continue.

“We hold Inspector-General of Police accountable, we will follow the prosecution because somebody must pay for that gruesome murder.

“If we fail Salome we fail ourselves, but if there is justice we know that she didn’t die in vain.

“Women should not run away from politics because of this because if we do we are helping them to achieve their aim,” she added.
Ifendu, therefore, stressed the need for a violence-free society which would herald a bright future for women in politics and all sectors.

She also called for an amended Electoral Act adding that political parties should also ensure internal party democracy where people have equal fields to contest for any position.

“In fact what women are demanding now is twinning. That is a situation whereby when we have male president a woman should be vice president and so at all levels of governance,” she said.

Also, the National Coordinator, 100 Women Lobby Group, Mrs Felicia Onibon, blamed the challenges women faced on patriarchy, urging women and all stakeholders to hold the ace and unbundle it so that women could move forward.

A female politician from Cross River state, Ms Eucharia Bisong, expressed sadness over the death of Salome Abuh and other persons during electioneering processes and encouraged women not to give up their struggle.

Related posts

Akeredolu kicks against death penalty for hate-speech offenders

 Adekunle Jimoh, Ilorin

Ondo state Governor Rotimi Akeredolu on Monday opposed proposed death penalty for hate-speech offenders in the country.

He likened the penalty to sentencing someone who steals N10,000 to death and freeing another that steals one million Naira.

Governor Akeredolu said this in Ilorin, the Kwara state capital at the opening ceremony of the sixth biennial international conference of the University of Ilorin Centre for Peace and Strategic Studies department.

The theme of the conference is: “Domesticating sustainable development goal 16 in Nigeria: Peace, justice and strong institutions.”

The governor added that “when I was the president of the Nigerian Bar Association (NBA) I vehemently opposed capital punishment for condemned criminals. I will be a turncoat as governor to now support death penalty for hate-speech offenders.

“As the governor of Ondo state I will not commit to death those condemned criminals, instead I will look into how to commute their sentences to life imprisonment. Or I will transfer them to other administrations.”

He regretted that there is no virile opposition in the country, adding that “every other person who was in opposition in 2015 has now crossed over to the ruling All Progressives Congress (APC). I am amused if I
see them decamping in droves to the APC.”

Ex-ABA president added that injustice real or imagined has been responsible for the absence of peace in Nigeria.

Said he: “Any discussion on justice which leaves out the deplorable conditions of the people is self-serving; it is patently unjust to have the mass of the people depend on handouts from the political class having lost the capacity to contribute to the development of the polity.

Read Also; Akeredolu warns against ‘unwarranted’ agitations on bitumen

“Until and unless the identifiable geo-political zones are encouraged to realize their potentials with a view to participating actively in the economic activities for growth and prosperity, there will be no end to crises.

“Current measures put in place seem insufficient to rescues the country from socio-economic doldrums.

Therefore, the preponderance of conflicts in virtually all parts of the country seems to suggest failure of the system. Working at these manifest lapses will assist greatly.

“Institutions of state must be self-regulating. The basic law of the land, the Constitution, and relevant subsidiary legislations must be the instruments which determine the life and functions of any institution created to take care of the welfare of the people.”

Earlier, Vice Chancellor of the university Prof Sulyman Abdulkareem lamented that the world, particularly developing countries are caught up in the ensnaring web of ceaseless and needless conflicts as well as entwining miseries of ineffective governance that sustain structural tensions and retard sustainable development.

Prod Abdulkareem added that “by 2017, 68.5 million people mostly from developing nations of the world, were estimated to have been forcibly displaced as a result of conflicts, violence or human right violations.

“Corruption, bribery and theft are said to have caused developing countries $1.26 trillion per year, thereby retarding their sustainable growth. It is saddening that our continent of Africa is suffering more than any other parts of the world from these centrifugal forces against sustainable development.

“Sadly, too, Africa has become the centre of conflicts. Various intra and inter conflicts, uprising and violence spread across the continent. Boko Haram in the north eastern part of Nigeria has become seemingly insurmountable. Kidnapping has become a common menace that threatens the security and guarantee of human rights of citizens in most parts of developing nations of the world.”

Related posts

Soyinka tackles NASS over death penalty for hate speech

person
Nobel laureate, Prof. Wole Soyinka has written to the National Assembly, warning of the consequence of passing a bill which stipulates death penalty for hate speech.

The bill, which is sponsored by Deputy Chief Whip, Senator Aliyu Sabi Abdullahi (Niger North), has already scaled the first reading at the Senate. Titled: “National Commission for the Prohibition of Hate Speeches (Establishment, etc) Bill, 2019”, the bill also proposes the setting up of a Commission on hate speech.

In a letter to the National Assembly, titled: “Is it now cool to kill?– An anguished letter to Nigerian Lawmakers,” Soyinka said though, he is against Fake News and other debiitating vices on social media, he would not subscribe to pronouncing dead penalty for hate speech.

“I hope you will excuse me for distracting you from your onerous duties, but I am a current sufferer – and I am not alone – from a persistent nightmare. That affliction has been induced by your most recent approach to addressing an acknowledged problem that affects, not only Nigerians, but the entire global community. The nightmare consists of the fear of waking up one morning to discover that one’s name has been cited among those helpless victims on behalf of whom a repellent legislation is about to be enacted.

“The likelihood in my case is especially acute. Yes, indeed, it is no Fake News that I have denounced the purveyors of public lies and hate material as the very scum of the earth. I have called them names that come close to enrolling me among the very reprobates we all so fervently denounce. From Abuja, through Paris, London, Sochi, Dar es Salaam, Chandrigah, etc. etc., I have utilized every available platform to highlight their perverse mentality and call for concerted action against their hyper-activism against humanity in general. I have singled out the Nigerian species of this criminal pursuit as an especially virulent breed, as a subhuman aberration without conscience, incapable of remorse, sustained by abnormal reserves of sadism.

“I have closed down dozens of fake sites instituted over my name, and set in motion mechanisms for the pursuit of those who steal my identity, even where the content is quite harmless, even positive. Only recently, in Paris, I proposed that judicial mitigation under the recognition of crime passionnel should be considered for victims of Fake News who ‘lose control’ on physically encountering their violators. As you may have discerned so far, I again, and unapologetically, exploit this very development to reiterate my detestation and contempt for such pestilences that plague our humanity,” he said in the letter.

Soyinka urged the lawmaker to consider more deeply the path on which they had chosen to embark and invited them to reflect quite objectively on the company into which they were about to throw yourselves, and the consequences for the very nation they represent – including its social psyche.

According to him, the lawmakers were about to corrupt youthful impression, to join the brigade of closet psychopaths for whom the only solution to any social malaise from the trite to the profoundly” affective is – Kill! Is this what humanity and society are all about?”

“You are psyching up your ranks to pronounce yourselves affiliates of inhuman aberrations such as Boko Haram, Isis (Da’esh), al Shabbab, nomadic cow herders etc. etc. for whom killing is the only response for real or imagined wrongs, perceptions of entitlement and/or deprivation, sense of righteousness and generally – concept of a thoroughly sanitized community of mortals. You are sending out applications to join the ranks of those inadequate males who believe that the only cure for adultery is to b”ury a woman up to her neck in earth and reduce her head to a pulp under a rain of stones.

“You affirm yourselves – not for the first time, alas! –allies of those who believe that death is the appropriate cure for that physiological conditioning which, through no fault of theirs, attract them to others of the same sex. You pronounce yourselves clones of demented rulers like Yahayah Jahmeh of Gambia who preached that we all cut off the heads of homosexuals and poison alleged witches– and so on and on down a dismal list of silent, instinctive killers who have somehow managed to manipulate themselves into the corridors of ‘legitimatized’ – or illicit recesses of – Power and Force.

“By the way, are you aware that a school of thought passionately believes that thieves such as Yahayah Jahmeh, formerly of Gambia, Omar Bashir of the Sudan etc in company of numerous members of African leadership elite, including this very Nigerian society, deserve no less than the death penalty for pilfering public resources, and on a scale that continues to stagger even the most inured in this nation? Do you really, as presumably analytical minds believe that a facile and final recourse to the gallows or a fusillade of bullets at the stake, is the sole remedy to the phenomenon of the diffuse classifications possible under the abuse of communication and the sowing of hate among people?

“How precise is the definition of ‘hate’ when it becomes a yardstick for the extinction of even one human life? Haunting, hopefully, our collective conscience as a nation, even till today, is recollection of a clique of social army reformers who instituted, and carried out the execution citizens under a retroactive law. Yet others wiped out entire communities as collective punishment for the loss of members of their elite class, the military. And surely it is too soon to dismiss memory of the mass decimation of a religious group, the Shi’ites, for obstructing the passage of a motorcade of that same elite class. These are classic instances of murder, albeit under the immunity of power legitimation,” he stated.

He added that “Your motivations are also spectacularly dubious. Silencing the voices of criticism is a perennial preoccupation of power, but we know that a far more penetrative form of death, spelling the end of social vitality and relevance is incurred when human voices are silenced. Try and imagine how many “deserved” executions would be taking place in this nation right now – beginning with nearly all of you in the exalted homes of legislation – if Boko Haram had succeeded in subjugating this nation under its creed.

“Well, do not even bother with imagination, which is not as common a faculty as we tend to assume –simply check with neighbouring Mali how many, convicted of crimes against faith, Mr. Answar Dine eliminated during his brief sway in northern Mali. Or remain within this nation itself – check the statistics of death inflicted from indiscriminate bombings of the thriving concourses of humanity – schools, markets, motor parks, media houses, churches, mosques, shrines by believers in the doctrine of death as divine solution to the very crime of existence outside their narrow and perverted set of beliefs. Consider the fate of Uganda if Joseph Kony had indeed succeeded in his mission of converting Ugandans to his doctrine of – Salvation or Death!”

Soyinka said these were not imaginary scenarios, stressing that, that quick but facile option – killing – had become the current emblem of this very nation, effectively replacing the green-white-green, lamenting that something had collapsed.

He noted that the carefully calibrated structures of fellow feeling, supposedly inculcated from infancy, lied in ruins, as life wass now held cheap, casual, and trite.

He said “students kill for the thrill of it, and for assertion of cultic supremacy. Kidnappers collect ransom, yet kill. They kill even intermediary couriers. Fetishists kill in pursuit of illusions of instant wealth. Others, highly placed, kill for political office, and yet others to cover up criminalities by the deployment of killers. You cannot claim ignorance that there have been identified, over the past few decades, consortiums of killers who actually advertise their trade in select circles and canvass for clients. Your businessmen – and women – have used them. So have politicians.

“And now, you wish to add, to this culture of rampaging morbidity, the state empowered deaths of those dregs of society who titillate themselves with corrosive narratives from diseased minds, and boost their meaningless lives with the degradation of others? Are they even worth the cost of the hangman’s noose? No. True, governance has a responsibility to protect its citizens, but social malefactors must be fought and neutralized through far more painstaking methods. Reformed if possible, exposed and publicly humiliated, punished and compelled to make restitution where their actions have caused pain, anguish and destruction. That option, we know, is the more arduous path, but then, where did you obtain the notion that you were elected to occupy cushy, stress-free arm-chairs?”

Soyinka realled that when a section of this national community wanted to execute a lady called Safiyat for alleged adultery some years ago – and through the singularly revolting means of stoning to death – the nation rose above religious partisanship in repudiation of this barbaric trivialization of human life, saying that “we continue to rail against the solution of death as penalty against those whose sexual orientation is different from ours, and thereby offends the sensibilities of others. I await persuasion, offered through objective, not emotive arguments, that this new extension of the homicidal imperative is fundamentally different from those other globally repudiated candidates for the killing route to social sanitation.”

“For now, may I passionately plead with you to consider that the coarsening and debasement of youth sensibility – already too far gone – through the trivialization of life – is a spectre that may return to haunt you if coming generations are taught that it is “cool to kill”. Remember that example, especially by leadership, is a hundred times more explicit and enduring than the mere propagation of any counter-doctrine. Do not embrace the awful responsibility of impressing homicide as a way of life on the ethical template of coming generations. The chickens have a way of coming home to roost. I may be wrong of course, but their droppings already foul the common air we all breathe. Just take a deep breath, look around you, and re-consider,’ he stated.

Related posts

Soyinka confronts National Assembly over death penalty for hate speech | P.M. News

person

Prof. Wole Soyinka

By Kazeem Ugbodaga

Nobel laureate, Prof. Wole Soyinka has written to the National Assembly, warning of the consequence of passing a bill which stipulates death penalty for hate speech.

The bill, which is sponsored by Deputy Chief Whip, Senator Aliyu Sabi Abdullahi (Niger North), has already scaled the first reading at the Senate. Titled: “National Commission for the Prohibition of Hate Speeches (Establishment, etc) Bill, 2019”, the bill also proposes the setting up of a Commission on hate speech.

In a letter to the National Assembly, titled: “Is it now cool to kill?– An anguished letter to Nigerian Lawmakers,” Soyinka said though, he is against Fake News and other debiitating vices on social media, he would not subscribe to pronouncing dead penalty for hate speech.

“I hope you will excuse me for distracting you from your onerous duties, but I am a current sufferer – and I am not alone  – from a persistent nightmare. That affliction has been induced by your most recent approach to addressing an acknowledged problem that affects, not only Nigerians, but the entire global community. The nightmare consists of the fear of waking up one morning to discover that one’s name has been cited among those helpless victims on behalf of whom a repellent legislation is about to be enacted.

“The likelihood in my case is especially acute. Yes, indeed, it is no Fake News that I have denounced the purveyors of public lies and hate material as the very scum of the earth. I have called them names that come close to enrolling me among the very reprobates we all so fervently denounce.  From Abuja, through Paris, London, Sochi, Dar es Salaam, Chandrigah, etc. etc., I have utilized every available platform to highlight  their perverse mentality and call for concerted action against their hyper-activism against humanity in general. I have singled out the Nigerian species of this criminal pursuit as an especially virulent breed, as a subhuman aberration without conscience, incapable of  remorse, sustained by abnormal reserves of sadism.

“I have closed down dozens of fake sites instituted over my name, and set in motion mechanisms for the pursuit of those who steal my identity, even where the content is quite harmless, even positive. Only recently, in Paris, I proposed that judicial mitigation under the recognition of crime passionnel should be considered for victims of Fake News who ‘lose control’ on physically encountering their violators. As you may have discerned so far, I again, and unapologetically, exploit this very development to reiterate my detestation and contempt for such pestilences that plague our humanity,” he said in the letter.

Soyinka urged the lawmaker to consider more deeply the path on which they had chosen to embark and invited them to reflect quite objectively on the company into which they were about to throw yourselves, and the consequences for the very nation they represent – including its social psyche.

According to him, the lawmakers were about to corrupt youthful impression, to join the brigade of closet psychopaths for whom the only solution to any social malaise from the trite to the profoundly” affective is – Kill! Is this what humanity and society are all about?”

“You are psyching up your ranks to pronounce yourselves affiliates of inhuman aberrations such as Boko Haram, Isis (Da’esh), al Shabbab, nomadic cow herders etc. etc. for whom killing is the only response for real or imagined wrongs, perceptions of entitlement and/or deprivation, sense of righteousness and generally – concept of a thoroughly sanitized community of mortals. You are sending out applications to join the ranks of those inadequate males who believe that the only cure for adultery is to b”ury a woman up to her neck in earth and reduce her head to a pulp under a rain of stones.

“You affirm yourselves – not for the first time, alas! –allies of those who believe that death is the appropriate cure for that physiological conditioning which, through no fault of theirs, attract them to others of the same sex. You pronounce yourselves clones of demented rulers like Yahayah Jahmeh of Gambia who preached that we all cut off the heads of homosexuals and poison alleged witches– and so on and on down a dismal list of silent, instinctive killers who have somehow managed to manipulate themselves into the corridors of ‘legitimatized’ – or illicit recesses of – Power and Force.

“By the way, are you aware that a school of thought passionately believes that thieves such as Yahayah Jahmeh, formerly of Gambia, Omar Bashir of the Sudan etc in company of numerous members of African leadership elite, including this very Nigerian society, deserve no less than the death penalty for pilfering public resources, and on a scale that continues to stagger even the most inured in this nation?  Do you really, as presumably analytical minds, believe that a facile and final recourse to the gallows or a fusillade of bullets at the stake, is the sole remedy to the phenomenon of the diffuse classifications possible under the abuse of communication and the sowing of hate among people?

“How precise is the definition of ‘hate’ when it becomes a yardstick for the extinction of even one human life? Haunting, hopefully, our collective conscience as a nation, even till today, is recollection of a clique of social army reformers who instituted, and carried out the execution citizens under a retroactive law. Yet others wiped out entire communities as collective punishment for the loss of members of their elite class, the military. And surely it is too soon to dismiss memory of the mass decimation of a religious group, the Shi’ites, for obstructing the passage of a motorcade of that same elite class. These are classic instances of murder, albeit under the immunity of power legitimation,” he stated.

He added that “Your motivations are also spectacularly dubious. Silencing the voices of criticism is a perennial preoccupation of power, but we know that a far more penetrative form of death, spelling the end of social vitality and relevance is incurred when human voices are silenced. Try and imagine how many “deserved” executions would be taking place in this nation right now – beginning with nearly all of you in the exalted homes of legislation – if Boko Haram had succeeded in subjugating this nation under its creed.

“Well, do not even bother with imagination, which is not as common a faculty as we tend to assume –simply check with neighbouring Mali how many, convicted of crimes against faith, Mr. Answar Dine eliminated during his brief sway in northern Mali. Or remain within this nation itself – check the statistics of death inflicted from indiscriminate bombings of the thriving concourses of humanity – schools, markets, motor parks, media houses, churches, mosques, shrines by believers in the doctrine of death as divine solution to the very crime of existence outside their narrow and perverted set of beliefs. Consider the fate of Uganda if Joseph Kony had indeed succeeded in his mission of converting Ugandans to his doctrine of – Salvation or Death!”

Soyinka said these were not imaginary scenarios, stressing that, that quick but facile option – killing – had become the current emblem of this very nation, effectively replacing the green-white-green, lamenting that something had collapsed.

He noted that the carefully calibrated structures of fellow feeling, supposedly inculcated from infancy, lied in ruins, as life wass now held cheap, casual, and trite.

He said “students kill for the thrill of it, and for assertion of cultic supremacy. Kidnappers collect ransom, yet kill. They kill even intermediary couriers. Fetishists kill in pursuit of illusions of instant wealth. Others, highly placed, kill for political office, and yet others to cover up criminalities by the deployment of killers. You cannot claim ignorance that there have been identified, over the past few decades, consortiums of killers who actually advertise their trade in select circles and canvass for clients. Your businessmen – and women – have used them. So have politicians.

“And now, you wish to add, to this culture of rampaging morbidity, the state empowered deaths of those dregs of society who titillate themselves with corrosive narratives from diseased minds, and boost their meaningless lives with the degradation of others? Are they even worth the cost of the hangman’s noose? No. True, governance has a responsibility to protect its citizens, but social malefactors must be fought and neutralized through far more painstaking methods. Reformed if possible, exposed and publicly humiliated, punished and compelled to make restitution where their actions have caused pain, anguish and destruction. That option, we know, is the more arduous path, but then, where did you obtain the notion that you were elected to occupy cushy, stress-free arm-chairs?”

Soyinka realled that when a section of this national community wanted to execute a lady called Safiyat for alleged adultery some years ago – and through the singularly revolting means of stoning to death – the nation rose above religious partisanship in repudiation of this barbaric trivialization of human life, saying that “we continue to rail against the solution of death as penalty against those whose sexual orientation is different from ours, and thereby offends the sensibilities of others. I await persuasion, offered through objective, not emotive arguments, that this new extension of the homicidal imperative is fundamentally different from those other globally repudiated candidates for the killing route to social sanitation.”

“For now, may I passionately plead with you to consider that the coarsening and debasement of youth sensibility  – already too far gone – through the trivialization of life – is a spectre that may return to haunt you if coming generations are taught that it is “cool to kill”.  Remember that example, especially by leadership, is a hundred times more explicit and enduring than the mere propagation of any counter-doctrine. Do not embrace the awful responsibility of impressing homicide as a way of life on the ethical template of coming generations. The chickens have a way of coming home to roost. I may be wrong of course, but their droppings already foul the common air we all breathe. Just take a deep breath, look around you, and re-consider,’ he stated.

Share this:

Related posts

I wanted to make our problems known, says FUNAAB student expelled over Facebook post – TheCable Lifestyle

Michael Ifemosu, a student of the Federal University of Agriculture, Abeokuta (FUNAAB), expelled over his critical Facebook post made about the institution, says he was only trying to bring the school’s attention to the students’ plight.

Ifemosu, who is the convener for the Youth In Good Governance Initiative (YIGGI) and an Ogun state secretary for African Action Congress (AAC), recently made the headlines after he received a letter of expulsion for criticizing the university authorities in an open letter addressed to the VC.

Speaking with TheCable Lifestyle on Monday, the student activist described the school’s move as a “collective slap on the face of Nigerian students” and an “infringement” of his rights.

He stated that he only wrote the piece to bring the authority’s attention to the “lingering issues affecting” the students — not to fight the powers that be, “as the school interpreted it.”

According to him, the National Association of Nigerian Students (NANS) and the Student Union Government (SUG) in FUNAAB, have moved to dialogue with Felix Salako, the vice-chancellor of the institution, but there are fears that it might not yield the desired outcome.

“The National Association of Nigerian Students (NANS) in line with the Student Union Government (SUG) of my school told me they would meet with the vice-chancellor today to solve the situation. But I’m not sure the result would be positive. It is the aftermath of the meeting that would determine the next line of action,” Ifemosu said.

“The picture they’re painting now is that I’m trying to fight the university authorities. I was only trying to bring their attention to what is happening. On the basis of all that I’ve done so far, I’m not convinced I should be expelled because I held an opinion on something that personally affected me and the rest of the students. I’m not happy.”

While the struggle to reinstate me is ongoing, I want to take up the internship training by Leventis Foundation (Nigeria) One-Year Training Programme 2019 / 2020 in Modern and Sustainable Agriculture (Fully Funded). #ReinstateIfemosu

— Ifemosu Michael Adewale®️ (@ifemosumichael) November 3, 2019

Bola Adekola, the FUNAAB registrar, had, on Friday, confirmed Ifemosu’s expulsion after the 200 level student of the Department of Forestry and Wildlife Management had been summoned to “defend himself” in front of the institution’s disciplinary committee.

“You would recall that in July 2019, you posted an open letter on the Internet to the vice-chancellor of the school in which you raised allegations and misrepresentation of fact about the university,” the letter read.

“At the Student Disciplinary Committee meeting held on August 29, 2019, you were invited for the purpose of giving you fair hearing on the allegation of an act perpetrated through the Internet, that is inimical to the integrity and corporate image of the university.

“Senate, at its 217th Statutory Meeting held on Thursday, October 17, 2019, considered the report of the Student Disciplinary Committee on the allegation and thus decided that you have been found culpable of insubordination to university officials, defamation of character and act perpetrated through the Internet.

“That is inimical to the integrity and corporate image of the university based on the extant rules and regulations on penalties for various offenses by students of the university. Consequent upon the decision of Senate, you’re hereby expelled from the university as provided for the offenses committed by you.”

It is Saddening and Weakening!

This is my Reward for calling the attention of the Vice Chancellor on lingering challenges rocking Funaab ecosystem! This is

We play Politics with everything in this country 💔😭😭 https://t.co/6SY7fANBY1

— Ifemosu Michael Adewale®️ (@ifemosumichael) November 2, 2019

Read the Facebook post that prompted the expulsion below:

It’s no more news that Funaabites queue, fight, and struggle to attend classes or leave the school premises. However, the vice-chancellor and the university management team are seen with one or two official car(s). This makes transportation easier for them while students languish in an unending tragedy,” he wrote.

“The Funaab Bureau of Transport (FUNAABOT) has performed below expectations despite millions of naira allotted and allocated to the department for the purchase and renovation of MANCOTS but all went down the drain. Those monies remain carpeted till this moment.

“Again! I read in the News that the Vice-Chancellor of Funaab wrote to the Economic and Financial Crimes Commission (EFCC), men of the Special Anti-Robbery Squad (SARS) that they are free to arrest students found wanting and guilty of cybercrimes.

“I would have said it was a good move not until I became a victim and also received report of the arrest and detention of innocent students who were unjustly harassed, extorted and brutalized. This is what you get when people who, if managing poultry, would make sure eggs are stolen, are given a University to manage.

“It is rather unfortunate that we have accepted the sad reality that relegates our ‘scholars’ to chasers of political appointments — people who are ready to lick butts to be made INEC returning officers, political aides, VCs, directors, deans, and even Head of Departments.”

Related posts