WhitesoftX:- the NON-Stradamus

Human Rights in the Information Technology Society

2006-06-08T03:16:00.000-07:00

International organizations, governments, academia, industry, and the media have all begun to grapple with the information society as a global policy issue. The first United Nations World Summit on the Information Society (WSIS), held in December 2003, recognized the connections between information technology and human rights with a Declaration of Principles--in effect, the first "constitution" for cyberspace--that called for the development of the information society to conform to recognized standards of human rights. Critical issues in the policy debates around WSIS have been the so-called digital divide, which reflects a knowledge divide, a social divide, and an economic divide; and the need for a nondiscriminatory information society to provide universal access to information technology in local languages throughout the developing world. Other crucial issues include the regulatory frameworks for information access and ownership and such basic freedoms as the right to privacy. The contributors to this timely volume examine the links between information technology and human rights from a range of disciplinary perspectives. Scholars, human rights activists, and practitioners discuss such topics as freedom of expression, access to information, privacy, discrimination, gender equality, intellectual property, political participation, and freedom of assembly in the context of the revolution in information and communication technology, exploring the ways in which the information society can either advance human rights around the world or threaten them. An afterword reports on the November 2005 WSIS, held in Tunis, and its reaffirmation of the fundamental role of human rights in the global information society.

The advancement of a global information society offers an important opportunity for promoting equal and sustainable development, especially in less developed countries.

Web Applications vs Desktop Applications

2006-05-19T08:32:00.000-07:00

There has been a long running debate about web applications replacing desktop software applications. While some functions are better suited to web applications. It is my belief that security concerns and legacy systems will prevent desktop software from becoming obsolete.
Some argue that the debate between web applications and desktop applications is pointless; as their is no clear answer. While still others argue that the issue at hand is as much a business and marketing issue, as it is a technological issue.

What Defines a Web Application Vs a Desktop Application?A web application is an application delivered to users from a web server like the Internet. Some businesses run web applications on an intranet, as well. Web applications are becoming more popular due to the widespread use of the web browser as a client.

Some applications are better suited and more likely to become successful as web applications. Web applications designed specifically for search engine optimization, have become increasingly popular. It is easy to understand why web applications that relate to the Internet would prosper, while business applications may have less appeal in a web environment.

A desktop application is a self-contained program that performs a defined set of tasks under the user control. Desktop applications run from a local drive and do not require a network or connectivity to operate or function properly, though if attached to a network desktop applications might use the resources of the network.

Pros and Cons to Desktop and Web Applications:

Easily AccessibleWeb applications can be easily accessed from any computer or location that has Internet access. Travelers especially benefit from the accessibility. This often means that if a traveler has access to a computer, phone or handheld with Internet connectivity they can utilize the web application.

Low Maintenance & Forced UpgradesDesktop applications need to be individually installed on each computer, while web applications require a single installation.Many web applications are hosted by a 3rd party and the maintenance fall under the applications hosts responsibility. The ability to update and maintain web applications without distributing and installing software on potentially thousands of client computers is a key reason for the popularity of web based applications. This can be a blessing and a curse as users of web applications on hosted systems are at the mercy of the host, if an upgrade does not go well, or the individual user doesn't want or need the new features the upgrade will still go forward.

Increased Security RisksThere are always risks involved when dealing with working online, regardless of how secure a host might say a web application is, that fact of the matter stands that the security risk of running an application of the Internet is more significant than when running an application on a standalone desktop computer. Some applications require more security than others, playing Sudoku on a web application would cause little concern, but dealing with sensitive corporate formulas or accounting details in a web environment might be determined risky.

CostOver the life of the software use, web applications are typically significantly more expensive over time. Desktop applications are purchased outright and rarely is their a recurring fee for the software use. Some desktop applications do have maintenance fees or fee based upgrades associated with them, but rarely is there a subscription fee associated with the software's ongoing use.

Many corporate web applications use a different model, users typically are charged monthly service fee to operate the software. Fees are considered "subscription fees". If you fail to renew your subscription you may be unable to access the data stored in the web application.

ConnectivityWeb applications rely on persistent and unmanaged connectivity. If you do not have an Internet connection or if your host does not have Internet connectivity you cannot access the information. Critical applications or businesses that are time sensitive cannot risk denial of service attacks or power outages to interrupt their operations and access data that is sensitive.

SlowerWeb applications that rely on the Internet to transfer data rather than a computer's local hard drive, may operate slower. The speed may also vary based on number of users accessing the application.

Backups & Ownership.Regardless of the platform, companies need to be sure that their data is appropriately backed up. When using a web application that are hosted by a third party, companies should clearly determine who owns the data housed in the application, and be sure that privacy policies prevent that data from being used by the web host.

Ultimately the accessibility of web based applications make them very desirable. Web applications have some fundamental limitations in their functionality, and are better suited for specific tasks. Understanding the pro's and con's to each business model, will help users determine whether a desktop application or web application will better suit their needs.

Aknowledgement: Sharon Housley.

In what way can ICT help in reducing poverty?

2006-05-04T03:00:00.000-07:00

I always believe that ICT, if done right, can play an important role in alleviating poverty. There are five (5) developmental policies that must be advocated in order for it to happen.

We should clamor for efficiency gains through transparency in government spending, procurement, aid coordination, and knowledge sharing. Deploying e-government services to help facilitate trade and deliver basic public services using the Internet is one means where ICT can play an important role.

Private sector and government should help in connecting more Nigerians to the global economy by developing rural areas to bridge existing divides. Funding should be given to poor provinces in the country by putting up tele-centers (like Internet café), which the public can use and get them connected.

Human resources development through adequate training should be provided to ensure that skills of people in rural and urban areas are at par with each other.
Overcome ignorance and isolation through the propagation of content using modern means such as the Internet and other multimedia devices. Local content development should also be fostered for education and sector development purposes.

Foster entrepreneurship and competitiveness through technical training, business trade missions, and skills development. Trade and marketing opportunities should be helpful and friendly to SMEs. Micro-finance facilities should be made friendly to small entrepreneurs and be available as well for ICT investments. Tele-centers can be a medium in giving micro-finance opportunities. Government should ensure that its bid project awards be made available to both SMEs and big companies to ensure balance and help promote growth.

Reading through the 5 items above, I hope it makes sense to you as it did to me. However, something important needs to be added. Nigeria is always known as a country offering fair competition and opportunities to men and women. I always say that there’s no gender discrimination for I had always been able to do what I want, when I wanted to.

It is important that if one country wishes to reduce poverty, it must start by ensuring that both men and women are given equal chance to avail of leadership positions and various benefits. If one gender sector is not competent to be given such equality, they must be developed in order to attain it. All policies from this forth on must be sensitive in ensuring equal power and opportunities be given to both genders.

With this little points I've made, I think if done right, ICT can play an important role in alleviating poverty.

Powering Debit/Credit Cards in Nigeria. (Interswitch as case study?)

2006-05-04T02:59:00.000-07:00

It's no news to us anymore that Nigeria is growing in international money management and business transactions around the world! The question is can the bodies in charge take us to the international level? How long is this going to take Nigerian credit/debit cards to be widely accepted just like the Amex, Mastercard, Visa and the host of others?

Interswitch is really making the difference! Does the youth have any part to play in order to grow OUR debit/credit cards in Nigeria? Interswitch, until the deployment of its infrastructure, it was difficult for Nigerian businesses and individuals to sell and get paid online, given that the credit card system is not operational in the country. The best that was happening in the country before the Interswitch infrastructure came into being was a situation where web merchants require customers to pay into their bank accounts.

Interswitch has among others, made it possible for customers with a debit card issued by one of the banks plugged to its infrastructure to pay for goods and services with their cards which are linked to their accounts.

Lets Salvage Nigeria togther!!!

Gateway Development in Nigeria

2006-05-04T02:58:00.000-07:00

At this 'electric movement' age, how do we promote and enable sustainable development and poverty reduction through the use of Information and Communication Technologies (ICTs) in Nigeria? This is not going to be determined by our government or waiting to be brought up and enhanced by any indivudual, it's a collective work of the ICT empowered youth and companies. Here is the project outline by the concerned Nigerians to take IT global:
Title: NIGERIA DEVELOPMENT GATEWAYLocation:Categories: ICTs & Digital Opportunities
Status: In Progress Timeline: Ongoing
Description:The Nigeria Development Gateway is an Internet Portal whose mission is to promote and enable sustainable development and poverty reduction through the use of Information and Communication Technologies (ICTs). The portal will serve as Nigeria's Information Gateway showcasing information on opportunities for investment, tourism, resources on best practices on development issues generally. The portal will also feature databases of NGOs, government agencies, private sector as well as eGovernment resources, eLearning, business opportunities, etc in relation to Nigeria. The prototype is up and the portal is under construction but at present, features current news items, online discussion forums, development resources materials and topics, e-Books etc.
Objectives:To promote the use of ICTs as enablers of sustainable development and poverty reduction in Nigeria and to position NiDG as a development catalyst in Nigeria.
Needs:For now, we want to develop local content for our portal. We require articles, write-ups, research findings and contributions in this area. Partnership with organisations on other areas of focus are also required, to make the portal relevant to the needs of its users and also serve very relevant purpose within its niche. We want to encourage Nigerians and prospective/actual visitors to Nigeria to visit the portal (http://www.nidg.org) for information and interactive, on-line discussions. The portal is presently still under construction but will be launched very soon. We are also looking for partnership in areas such as content development, funding, ICT training/workshops, etc. as well as strategy.
Source: http://projects.takingitglobal.org/nidg/about/

Computer Village: "Our goal is to be Amazon.com of West Africa" with this kind of web portal?

2006-04-24T02:09:00.002-07:00

Just as now is the time of 'developing' ICTs in Nigeria, can't we come up with our own thing?
It's a quite embarrasing (to me) to come up with such big ideas (http://www.computervillageikeja.com/) and throw it down with links to international sites. Nigerians now have many ways to pay offline bills and handle business transactions online (Interswitch, e-gold, PayBoss and some others). Why should we then put up a Nigerian web portal and link to sell outside products? Wouldn't we rather call that affiliate marketing?
In an interview in Daily Sun, Akinola, CEO, CAD Station, spoke of plans to launch an e-payment system. "The system will enable business transactions between buyers and sellers on the web portal, from keyboard to doorstep" he said. Below are the excerpts:

Click Here for more.

I would love to recieve feedback on this topic, may be I'm getting the idea all wrong?

THE CROWN THE COURT AND THE PEOPLE!

2006-03-02T05:11:00.000-08:00

The various reactions to the great escape of the Bayelsa state governor, Chief Diepriye Alamieyeseigha, from the clutches of the British government on Monday has sparked a conundrum of colorful remarks. If one were to catalogue them it could be likened to the broad colors of the spectrum. But far from it being blinding we are yet to see the most colorful of all reactions, that of the presidency. Now this wave of opinions is to be expected from all quarters, friends and foes, professionals and laymen, politicians and politrick-cians, learned jurists, legal advocates and the law enforcement bodies to name just a few.

But then again one wonders what is the entire furor about? It is definitely not because he stole money, we know politicians (read public office holders) steal money. It is definitely not the where, when or how he stole the money, or the circumstances leading to his arrest that we are puzzling either.

The whole burhaha is about his escape. How he escaped and what the implications are for his escape. The major debate on the streets in Lagos is can he be taken back, by whom and how will it be done. The answer is short and simple; yes he can be taken back if the British government asks for him to be returned to face trial, it is the Nigerian Federal government that will hand him over to the British government. But presently under the 1999 constitution of Nigeria, before any of this can be done governor Alamieyeseigha has to be impeached by his State House of Assembly to remove the immunity he enjoys as a governor of a sovereign state in Nigeria.

More interesting is the awe with which people ask, “So he disobeyed court order and jumped bail”. Anyone who is familiar with legal practice in Nigeria especially criminal legal practice in Nigeria will be familiar with the jumping of bail by accused persons. It is usually the exception when a suspect upon being granted bail complies with the conditions of bail without absconding. It would not be surprising to find that the suspect who does not flee is being charged for a minor offence or he is innocent. The guilty almost always flee.

Then there is the issue of governor Alamieyeseigha disobeying a court order, which our intellectuals and leaders of thought are working themselves into a frightful state over, and I honestly wonder why. I mean it is not news that the leaders of our country since time immemorial have had a penchant for disobeying the court. Let us see if we can cite a few instances so as to enlighten the ignorant of how easy it is for “our leaders” to flout court orders/judgment:

1) The first indicator was the famous “Ouster Clauses” which every law student learns by rote in university. If that did not signify where our leadership was headed as regards obeying the court as clearly as possible nothing else did. This coupled with the flagrant disrespect shown by military men and officers when they were in power to the rule of law and court given orders and judgments.
2) The Lagos State Vs Federal Government case, where the Federal government withheld the budgetary allocations of Lagos State even after a court judgment.
3) The blatant refusal by the then Inspector General of Police to return governor Chris Ngige’s security detail after he secured a court judgment and an order directing that the governors’ security detail be returned.
4) FCT minister Nasiru el- Rufai’s non-compliance with an injunction not to demolish buildings in Abuja.
5) The disobedience by the PDP (read: the government) not to hold non-elective congress, given by High court in Abuja.
6) The constant refusal by the police to obey court orders to release suspects on bail, produce them in court or carry out any out any other direction or order.

So with the benefit of some hindsight one begins to see that it was just a matter of time before something like what Alamieyeseigha did took place. This is a trait that unfortunately is in our character. Not just disobeying court orders but disrespect for constituted authority. Nigerians understand force, power if you will for want of a better word; it is the one language that brokers no disobedience. So I don’t think being surprised that governor Alamieyeseigha fled should be an issue, what happens is what we should be pondering.

But funny enough these same people who disrespect the law/courts are usually the first, when it is in their interest, to run to the courts to seek “redress” for wrongs done to them. It is then we start to hear about how noble and esteemed the halls of our temples of justice are. The last great hope for justice and all such drivel they manufacture. And for me that is exactly what I expect within the next few days if the Bayelsa state House of Assembly succeeds in its bid to impeach the governor from Lagos, or where ever it is they have moved the venue of their sittings to. It would be interesting to see what verdict the Supreme Court gives about the legality of such an impeachment, hypothetically speaking for instance if the legislators can show that fear for their lives was the main reason of moving the venue of the sitting. Not just out of the state but out of the region. And on what pillars governor Alamieyeseigha will rest his own arguments.

But be that as it may, one may surmise certain things from the present development as things continue to unfold. Uneasy will lie the head that wears the crown in Bayelsa state for the next 18 months. Court or no court. Nigerians as always will be here watching the drama unfold on the larger than life stage of political intrigues.

“EQUITY IS EQUALITY”

2006-03-01T07:54:00.000-08:00

“The advancement of women and the achievement of equality between women and men are matters of human rights and conditions for social justice and should not be seen in isolation as a women's issue. They are the only way to build a sustain-able, just, and developed society. Empowerment of women and gender equality are prerequisites for achieving political, social, economic, cultural, and environmental security among all peoples”.[1]

Gender equality means that women and men have equal conditions for realizing their full human rights and potential to contribute to national political, economic social and cultural development and benefit equally from the results. Equality is essential for human development and peace. Gender equality requires equal enjoyment by women and men of socially valued goods, opportunities, resources and rewards. Gender equity is a process of been fair to women and men. Equity leads to equality. In our society, women are considered as lesser men. Indeed, they are considered a form of property or chattel, and their rights are consequently subordinated to the interests of men.

In some parts of the Middle East, women are second-class citizens. In Kuwait, a 1963 law prohibits women from voting or running for office. Recent attempts to change this law have all failed. In remote areas of Jordan, honour killings still take place (Women murdered by family members for perceived sexual indiscretions).[2] What about the men who are guilty of same?

Under Igbo customary law, women are not allowed to inherit their fathers. This state of affairs in Igbo land led to the landmark decision in Mojekwu V Mojekwu, where the judiciary had an opportunity to pronounce as primitive and discriminatory, the oli-ekpe custom of the Nnewi people, which enables a man to inherit the widow of his brother at death and by extension all of his property, in the absence of a male son, as repugnant to natural justice, equity and good conscience, and that any custom or law that offers different treatment to women and men is an affront to God, since no one could choose the circumstances of his birth. In other cultures, where women are allowed to inherit, it is selective to the extent that they are not entitled to inherit like their male counterparts.
Women are further subjected into forced marriages, which could be negotiated and finalized without their consent when they are very young, without regard to their youth and educational needs leaving the woman trapped in a loveless miserable marriage. This is very prevalent in the northern part of the country, where a girl, most times is married off to an elderly man and kept in custody for the fear that she could run away. This practice has led to the increased young girls suffering from vesico vaginal fistula (VVF) and the high mortality rate at childbirth. In many communities, the traditional practice of female genital mutilation or what is referred to as female circumcision continues to traumatize young girls and leave women with lifelong pain and damage to their health. This is often without their consent.
They can be chastised by men for indiscipline, which has led to societal tolerance of very abusive marital relationships. On a daily basis, women are beaten and "punished" for supposed transgressions. The violence persists because discriminatory laws pardon and even decriminalize certain forms of violence against women. "Maryam" died on 14 December 2000 from injuries sustained after she was allegedly beaten and thrown from the first floor of her home by her husband. Before her death, she had paid a condolence visit to a relative, despite reportedly being banned by her husband from visiting or receiving visits from members of her family or attending any social functions. After her family reported her death, her husband was detained; he was later released without charge.[3]
A Saudi Arabian television host, Rania al – Baz, had been married and living in an abusive relationship for six years. In her husband’s last violent tirade, he told her he would kill her and forced her to recite her last rites. Indeed he almost killed her – her face was pounded almost beyond recognition. After days in the hospital and multiple operations, Baz had recovered enough to tell her story. The Saudi kingdom is known for its harsh treatment of women, who are prohibited from driving or leaving their homes without husbands, fathers or brothers. In public, they wear suffocating black veils called “abaya” that cover them from head to toe, turning them into shadows of the men they walk behind[4]
Under the Sharia penal code that came into force in northern Nigeria since 1999, states that the punishment for Zina is a mandatory death sentence if the accused is married, while 100 lashes is the mandatory sentence if the accused is not married. Most times, only the woman involved in Zina (adultery) is punished while the man walks away free. Where then is equity? Safiya Hussenni and Amina Lawal were condemned to die by stoning but were later acquitted in 2002 and 2004 respectively.

In 2001,a seventeen-Year-old girl, Bariya Magazu was sentenced by an Islamic court In Zamfara to 100 lashes for having pre marital sex (Zina) despite the fact that an extension for leave to appeal was been filed on her behalf at the Shari ‘a court, the sentence was carried out. She named three village men as her lovers and said one was the father of her child. She added that her father had pressurized her to have sex with the men to pay back his monetary debt. All three men swore to innocence and were freed. Where again is equity?

It was "Folake" who was jailed after she accused a man of rape. A domestic worker, she said her employer’s husband had forced her into his bedroom and made her watch violent videotape before forcing her to have sex. A medical examination supported her allegation. Yet she was the one brought to court, charged with slander for making the accusation, and remanded in prison until her family could raise the bail money to have her released. The material evidence of the crime, handed over to the police, was later said to have disappeared. No charges were brought against the man she accused[5]. Is this by any standard equity?

Conclusion
That gender equality does not solely benefit women is unanimously recognized today. A World Bank[6] study conclusively demonstrates that discrimination against women is a major obstacle to economic and human development in general. It will appear that investing in women would be the best way of achieving not only equality but also efficiency. Investing in especially education empowers girls and women to have a greater control over their lives and is the single highest - yielding investment that a developing country can make. Promoting equality between women and men is an integral part of sustainable development. All this injustice, inequity, inequality and discrimination against women should be a wake up call to all women in diaspora. Women have the right to choose their own destiny.

[1] Beijing platform for action, fourth United Nation World Conference on women, Beijing, 1995 paragraph 41

[2] www.csmonitor.com
[3] LEDAP, Domestic violence: zero tolerance, Lagos, 2003, p. vii.
[4] www. csmonitor.com
[5] Amnesty International interview with "Folake", Lagos State, November 2004
[6] World Bank (2001). Engendering development: through gender equality in rights, resources and voice. Washington DC, World Bank, pg. 364

THE RIGHT TO KNOW AS REGARDS FREEDOM OF INFORMATION!

2006-03-01T07:52:00.000-08:00

“Knowledge will forever govern ignorance, and a people who mean to be their own governors, must arm themselves with the power knowledge gives. A popular government without popular information or the means of acquiring it, is but a prologue to a farce or a tragedy or perhaps both”.-- James Madison

Are Nigerians aware of the fact that it is their inherent right to know? That it is their birthright to access information held by public authorities and impose an obligation on public authorities to publish key categories of information whenever, however and whatever? What I am simply trying to emphasis is the fact that Nigerians should push for the passage of the freedom of information bill that is now due for a third and final reading at the National Assembly.

Virtually all government information in Nigeria is classified as top secret. A plethora of laws prevents civil servants from divulging official facts and figures, notably the Official Secrets Act which makes it an offence not only for civil servants to give out government information, but also for anyone to receive or reproduce such information. Further restrictions are contained in the Evidence Act, the Public Complaints Commission Act, the Statistics Act and the Criminal Code - amongst others.

The passage of the freedom of information bill, would give the public right to the information held by public authorities. Want to know how government money is been spent? Use the legislation to clear-up rates. Unhappy about a regulatory body that never seems to do anything when people complain? Ask for their internal guidance on handling complaints and see if their staff is doing what they're supposed to do. Want to know about how the money allocated to your state is spent and on what? Ask for financial records and budgets.

The public will have the rights to peer into a public authority's files and check how well it is doing its job. People who want to know why they aren't getting the service they expect, are unhappy with a proposal, or want to satisfy themselves that the right decision was taken, will now be able to see the paperwork for themselves.

Amongst the African nations, South Africa and Uganda are the only countries having an access law in this part of the globe. Ghana does have draft freedom of information law. Mozambique does not have an access law in place, but a draft access to sources of information Bill has been produced by civil society, but has yet to be taken up by the government. Zimbabwe too has an access law but it prevents information disclosure than providing easy access to documents to its citizens.

To the public, secrecy means that there is something to hide, that officials can't justify their decisions, are concealing their errors or have ignored legitimate concerns and this would make them sceptical about what the authority tells them, less likely to follow its advice or believe its successes. But an open approach encourages the opposite response. An authority that does not attempt to conceal information, and explains rather than hides uncomfortable facts, is more likely to be trusted by the public. If people can see for themselves the complexities of an issue, they are more likely to understand why progress can be slow. Freedom Of Information is a chance to strengthen public confidence that few authorities can afford to ignore.

Conclusion
The public is entitled to a clear understanding of the work of all public authorities. These authorities must accept that the public that employs them is entitled to be kept informed about the work they do, and to be given access to their records. In the last decade, governments around the world have become increasingly more transparent. Over 40 countries now have comprehensive laws to facilitate access to state records; over 30 more are in the process of enacting such legislation and Nigeria should be amongst them. It is time for all Nigerians to make their leaders accountable after all we put them there. When they know they are been watched, they may work rather than loot. The freedom of information law would contribute to better government accountability, transparency and popular participation in democratic processes. I rest my case with a quote by a former American President Thomas Jefferson where is stated as thus; “ Information is the currency of democracy”

DO WE NEED THE DEATH PENALTY?

2006-03-01T07:47:00.000-08:00

What is Capital punishment? Capital punishment is the death penalty. It is used today and was used in ancient times to punish a variety of offences. The question is, Is death penalty the best penalty? Today, one of the most debated issues in the Criminal Justice System is the issue of capital punishment or the death penalty. What would it accomplish to put someone on death row? The victim sadly is dead and cannot be brought back to life. Does the death penalty give increased protection against being murdered? This argument for continuation of the death penalty has failed as a deterrent. Thus the continued retention of the death penalty is futile.

The Human Rights Law Service (HURILAWS www.hurilaws.org ) strongly opposes the death penalty and maintains that the death penalty is contrary to the very essence of the notions of human dignity and liberty and statistics have shown that it has no deterrent effect whatsoever. The irreversibility of the death penalty contradicts the idea that criminals can be rehabilitated and resocialised and for this reason, contradicts the notion of freedom and dignity. Our unpredictable and error-prone criminal justice system presents a “clear and present danger” that innocent citizens may be executed and makes it imperative that alternatives be sought and we propose life sentence.

The death penalty is nothing but a remnant of an old system based on vengeance that he who has taken a life should suffer from the same fate. Justice has risen above such a traditional notion of punishment by adopting a principle of a symbolic, yet proportional sanction for the harm done; life imprisonment, fines, etc.

The evolution of international law tends towards the abolition of the death penalty. The Rome statute of the international criminal court and the UN Security Council resolutions establishing the International Criminal Tribunals for the Former Yugoslavia and for Rwanda do not provide for the death penalty in the range of sanctions. Specific international and regional instruments have been adopted which aims to abolish capital punishment. The UN second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) aimed at the abolition of the death penalty (To which Nigeria is not a signatory), the guidelines to European Union (EU) policy towards third world countries on the death penalty, adopted by the European Union on 29 June 1998, stressed that one of the EU’s objectives is “ to work towards the Universal abolition of the death penalty as a strongly held policy view agreed by all EU member states.

At the universal level, even if the ICCPR expressly provides for the death penalty as an exception to the right to life and surrounds it by a series of specific safeguards, the general comment adopted by the Committee in charge of the interpretation of the Covenant states very clearly that article 6 on the right to life “refers generally to abolition in terms which strongly suggest that abolition is desirable…all measures of abolition should be considered as progress in the enjoyment of the right to life”

In Nigeria, offences which attracts the death penalty are; armed robbery, murder, treason, conspiracy to treason, instigating invasion of Nigeria, treachery, fabricating false evidence leading to the conviction to death of an innocent person, aiding suicide of a child or lunatic, robbery and firearms Decree No. 5 of 1984. Under the various Shari’ a Penal regime applicable to 12 States in Northern Nigeria, the offences that carry the death penalty are; Zina (adultery), rape, sodomy, incest and witchcraft and juju offences. The effect of all this is that there is a category of crimes which attracts capital punishment in Nigeria and which cannot be reasonably justified in a democratic society but would rather continue to inflict injustice on those accused of the crime.

Nigeria has applied the death penalty for more than fifty years. Research has shown that majority of Nigerians favour its retention. The few who support the abolition appear not to fully figure out the complexity of the matter. The death penalty has a myriad of constraints and problems have not been properly examined and an alarming proportion of Nigerians are not aware of what happens within the criminal justice system.

In Peter Nemi V State, the court emphasised the point that a condemned criminal has fundamental human rights, which must be recognised by the authorities and enforced by the courts.

Similarly, several African countries have also challenged the death penalty. In Uganda, the Constitutional Court in 2003 held that the mandatory death sentence was unconstitutional. In Zimbabwe, the Supreme Court held in 1993, that it would be unconstitutional to four prisoners under death sentence because of the intense and prolonged suffering they had undergone on death row. In Tanzania, a High Court ruled that hanging, as a form of punishment was cruel, degrading and inhuman, and therefore unconstitutional. In a land mark decision in 1995, the South African Constitutional Court held that “the proclamation of the right to life and the respect for it demanded from the state, must surely entitle one, at least, not to be put to death by the state deliberately, systematically and as an act of policy that denies in principle the value of the victim’s life.

Way Forward.
The Nigerian Government should;

Ø Adopt a moratorium on the death penalty as a first step towards the abolition of death penalty
Ø Restrict the number of offences carrying the death sentence to the most serious crimes only
Ø Refrain from adopting new crimes entailing the capital punishment
Ø Make public statistics on the number of death sentences pronounced and executed, every year, differentiated by age, gender, charges, etc. And allow for an informed public debate
Ø Support the resolution adopted every year by the UN Commission on Human Rights regarding the abolition of the death penalty
Ø Subject offenders to psychiatric examination to determine their mental state at the time of the offence.

In conclude with the wise words of Howard Zehr, a Professor of Sociology and Restorative Justice in the Conflict Transformation Program at Eastern Mennonite University, Harrisburg, VA and the author of “Changing Lenses: A New Focus for Crime and Justice”. He stated and I quote “A restorative approach to justice would understand that the essence of crime is a violation of people and of harmonious relations between them. Instead of asking first of all, "Who 'done' it? What should they get?" (and rarely going beyond this) a restorative approach to justice would ask, "Who has been hurt? What can be done to make things right, and whose responsibility is it?" True justice would have as its goals restoration, reconciliation and responsibility rather than retribution.

Interswitch in Nigeria

2006-01-06T07:27:00.000-08:00

:::::For Nigerians - Home and Away:::::

All I know before was to cash money using Interswitch until late last year when I read one of my friend's blog (Tim Akimbo) where he used it to purchase sms credit on web2smspro.com, I tried it and it worked fine for me too, Kudos to Interswitch, I think what they need doing for now is take US international, shop online withing Nigeria and outside, you can even check account ballance, print mininvoice and more from there site, and for the web2smspro, thumbs up for them too but still limited to like 5-6 countries, I think they need to work on this! so, what you guys suggest and how could we help grow our NAIJA!