Eculaw Group, Lagos (2025)

05/09/2025

The Case of Simon Ekpa: A Message to Igbo Youth

The dream of Biafra remains one of the most powerful aspirations among Igbo youth, symbolizing their quest for justice and fairness—an aspiration that has persisted since before the civil war of the 1960s. Even after the war and the loss it incurred, the vision of Biafra has endured. It takes just one angry young person willing to agitate to spark a series of emotional responses that often culminate in violence, huge loses and failed ambition.

In recent years, we've witnessed this pattern with Ralph Uwazurike and his MASSOB, whose actions led to his arrest and questionable personal enrichment, all the while costing the lives of many of his supporters and innocent Igbos. Then came Nnamdi Kanu and his IPOB, embroiled in fiery speeches and promises of an independent Biafran state, only to face arrest and detention. Most recently, we have seen Simon Ekpa’s arrest, trial, and imprisonment in Finland.

The pressing question is whether we have learned any lessons from these events, or are we doomed to repeat the cycle in a few years?

The rhetoric espoused by Nnamdi Kanu and Simon Ekpa would be deemed criminal in many parts of the world, including Europe. British law enforcement had been poised to arrest Kanu; he even received an invitation to appear alongside his deputy, Mefor. Kanu's subsequent departure from Britain seemed a bid to evade the inevitable repercussions. His abduction in Kenya by the Nigerian government, reportedly with British intelligence's assistance, highlighted the complex dynamics surrounding Biafran agitation. Interestingly, the UK has been reluctant to intervene strongly in Kanu's case, perhaps due to its opposition to what Kanu stood for.

The takeaway from these agitations is not that the pursuit of Biafra should be abandoned. No! As long as the Nigerian state remains unjust, corrupt, and oppressive, the demand for a separation from such a flawed entity must continue. It reflects a political aspiration for good governance and a fair system. Essentially, the desire for Biafra speaks to the need to restructure the political landscape to ensure a better deal for its citizens—a union without fairness and justice has no justification for existence.

However, this quest must be approached in a realistic and sustainable manner. Uwazurike, Kanu, and Ekpa have each pursued Biafra in ways that have proven costly—not only in human lives but also in the social fabric of the Igbo community. Their endeavors often stemmed from misleading narratives, raising the question of whether these movements genuinely served the interests of the Igbo people or merely benefited their leaders.

In today's age of social media, reason is frequently overshadowed by the loud voices of the uninformed masses. Many attempts have been made to guide the youth towards rational thought, yet the fear is that they will soon forget the lessons of the past. Sadly, there seems to be little acknowledgment of the true cost of the IPOB's failed mission, allowing the cycle of pain and loss to be repeated with alarming ease.

As we reflect on Simon Ekpa's case and others like it, it is crucial for Igbo youths to engage critically with these issues, learn from history, and advocate for a path that ensures justice and progress, rather than one rooted in chaos and failure.

31/08/2025

The Case of Ruth Otabor: A Tragic Example of a Failing Justice System

The untimely death of Ms. Ruth Otabor, sister to BBNaija celebrity Phyna, has brought to light critical issues surrounding Nigeria's justice system. While her tragic passing resulted from injuries sustained in a truck accident, the case raises several pressing questions: Does Nigeria have adequate laws to protect victims of automobile accidents? Are heavy-duty vehicles effectively regulated? Do powerful companies, like Dangote, operate with unchecked impunity? Most importantly, how does selective justice and social media activism impact the pursuit of justice in such cases?

This situation encapsulates all these concerns at various levels. Dangote trucks have gained notoriety for causing severe injuries without facing legal consequences. The sheer power of the company often shields its drivers from accountability. Compounding this issue is Nigeria's outdated personal injury laws and ineffective enforcement procedures. However, in Ruth's case, her connection to a celebrity allowed her story to gain significant public attention, and it drew scrutiny toward Dangote's practices.

The involvement of social media influencers and activists helped amplify public interest in the case due to Phyna’s connection. While their intentions may have been noble, the impact of their involvement was not necessarily beneficial. Their focus often shifted toward personal branding and image projection, which inadvertently detracted from the genuine interests of the victim. The noise created by social media activism can overshadow the core issues at play and may lead to misunderstandings about the legal complexities involved.

Despite the momentum generated by this public outcry, the true interests of the victim may not be served when passionate activists step into a fundamentally legal matter. The quest for justice must follow a systematic and sustainable approach, grounded in established legal processes.

Ruth Otabor’s case serves as a tragic lesson in the failures of Nigeria's justice system. It highlights the urgent need for reforms that ensure accountability, particularly among powerful companies. By fostering transparency and strengthening regulations, Nigeria can work toward a safer future for all its citizens.

As we navigate these issues, let us remember that true justice requires not only public attention but also a commitment to fair legal processes. We must advocate for a system that values every life equally and holds all parties accountable, regardless of their power or influence.

22/08/2025

The Abusive Use of "Allegedly" in Social Media: A Legal Pitfall
By DPA International

In the realm of blogging and social media, the word “allegedly” has become something of a legal shield for many content creators who want to distance themselves from the potentially harmful statements they make. However, using “allegedly” does not provide blanket immunity from legal consequences related to false statements. This common misconception can lead to significant repercussions for those who assume that the term allows them to say anything without accountability.

When bloggers and social media influencers insert the term “allegedly” into their posts, they may believe it serves as a protective barrier against slander or defamation claims. The underlying assumption seems to be that simply suggesting something is “alleged” gives the speaker a free pass to spread rumors or false information. However, the reality is far more nuanced. The crucial factor in these cases is not the use of the word itself but rather the intent and knowledge behind the statement.

The legal framework is designed to assess the harm caused by a statement rather than the wording used to defend it. If you spread false rumors, regardless of how many times you append “allegedly” to your claims, you may still be found liable if it can be proven that you knew the information was false and shared it anyway. In essence, the crux of the matter lies in the knowledge of the untruth, not merely the language used to articulate it.

Moreover, merely stating something is “alleged” comes with its own set of responsibilities. If you wish to present information as an allegation, you must disclose who made the allegation and provide a credible basis for considering it truthful. Simply repeating what someone else has said does not grant you a free pass; your own investigative diligence matters. The law emphasizes the responsibility to verify the information before disseminating it, especially when the information is damaging to another's reputation.

In fact, the misuse of the word “allegedly” can backfire. Courts may interpret its usage as an indication that the author was aware that the statement could be false, implying a lack of good faith in the claim. This perception can aggravate legal penalties against the speaker. Judges may view such tactics as attempts to skirt around the truth, a clever play that only serves to annoy the court and increase the likelihood of liability.

The bottom line is that social media users and content creators must approach their platforms with a sense of ethical responsibility. Relying on “allegedly” as a get-out-of-jail-free card is not only misleading but also fundamentally flawed. If you are sharing information that could harm someone else’s reputation, conducting thorough research and ensuring that your claims are truthful is essential.

In summary, while the word “allegedly” may seem like a harmless way to claim neutrality in the face of potentially damaging information, its overuse reflects poorly on the integrity of the content creator. Knowledge of falsity is the true litmus test for legal liability, and the assurance that you’re spreading accurate information should always take precedence. In the digital age, where misinformation can spread like wildfire, accountability must remain at the forefront of responsible content creation.

22/08/2025

Understanding Nigeria’s Cybercrimes (Prohibition, Prevention, etc.) Act 2025: What You Need to Know
By DPA International

In an effort to enhance digital safety and accountability, Nigeria has officially enacted the Cybercrimes (Prohibition, Prevention, etc.) Act 2025. This legislation aims to protect citizens, safeguard online platforms, and establish ethical digital conduct among all users. As we at DPA International gear up to launch a new program focused on cybercrime awareness, it’s vital to understand how this law will impact our daily lives, especially for social media users.

Key Features of the Cybercrimes Act 2025:

The Cybercrimes Act not only criminalizes various forms of cyber misconduct but also delineates roles and responsibilities for digital citizens, particularly those managing online communities (bloggers, platform admins, etc). Here are some of the key offenses outlined in the law:

1. Unauthorized Access (Section 3): Gaining access to someone else's digital device without consent is now a criminal act, punishable by up to 5 years of imprisonment. This emphasizes the importance of respecting others' privacy and securing your own devices.

2. Interference With Data (Section 4): Illegally modifying, deleting, or obstructing someone’s data can lead to the same penalty of up to 5 years in prison. It underscores the obligation to handle digital data with care and integrity.

3. Exposure of Sensitive Information (Section 5): Disclosing confidential data to unapproved persons can attract a penalty of up to 15 years. This is crucial for protecting private information, especially in a world dominated by social media sharing.

4. Unauthorized Recording (Section 10): Recording private conversations without consent is now an offense with a penalty of up to 2 years. This highlights the necessity of obtaining permission before capturing communications.

5. Dissemination of False Information (Section 19): Spreading false news or misleading content is now illegal, carrying a penalty of up to 2 years. This serves as a warning against the dangers of misinformation and the responsibility we bear as content creators.

6. Cyberbullying and Online Abuse (Section 22): Engaging in degrading or humiliating online behavior can lead to imprisonment of up to 2 years, promoting civility and respect in digital interactions.

7. Promotion of Hate or Division (Section 24): Acts that incite ethnic or religious hatred are seen as severe offenses and can result in life imprisonment, marking a strong stance against violence and division in society.

Implications for Social Media Users

The implications of the Cybercrimes Act extend far beyond its legal boundaries; it fundamentally alters our approach to online interaction:

- Personal Accountability: Every individual is now responsible for their online behavior. Engaging in harmful activities, whether through personal posts or shared content, can have serious legal repercussions.

- Online Administration: Social media managers and online community moderators have enhanced responsibilities. They must actively monitor and regulate the content shared within their jurisdictions—or risk criminal liability themselves.

- Digital Literacy and Vigilance: Understanding the laws governing cyberspace is paramount. Users must strive to verify the credibility of information before sharing, making digital literacy a key component of responsible online engagement.

Promoting Awareness:

As part of our initiative to promote awareness about cybercrime, DPA International is committed to providing resources, workshops, and training that will help individuals better understand the Cybercrimes Act and its implications. We believe an informed populace is essential to creating a safer digital environment.

Final Thoughts:

With the Cybercrimes Act 2025, Nigeria embarks on a new era of digital accountability where privacy, safety, and ethical conduct are prioritized. This transformation requires all of us—whether we are casual social media users or digital community managers—to adapt and uphold these standards in our online activities. Together, we can build a safer digital future for everyone, paving the way for a thriving and responsible online culture.

Stay informed, stay safe, and let's navigate the complexities of our digital lives responsibly.

22/08/2025

Nigerians Take Note: Laws and Immigration Policies Target Cyberbullying and Other Online Crimes

One topic that Nigerians have not widely discussed on social media is the recent visa policy announced by the U.S. Embassy, which stipulates that Nigerians applying for a visa to America must now submit their social media handles. The embassy intends to access these accounts to review applicants' social media histories. Not long ago, such a policy would have provoked outrage. However, governments and regulators worldwide have become increasingly aware of the destructive potential of social media. Today, perpetrators of harm no longer need guns or knives; they can wield words, and social media has become a battleground, especially in a country like Nigeria plagued by violence, malice, and a history of bigotry and hatred.

It is natural for anyone wanting to know another person well to observe their social media activity. Notably, during the same timeframe, the Nigerian government shut down millions of social media accounts, citing their abusive use. Before the announcement of the U.S. visa policy and the subsequent closures of accounts by Nigerian government, DPA raised alarms about the rampant cyberbullying on social media platforms. This issue has become such a concern for us that we are dedicating a program to raise awareness against cyberbullying.

We hope that other countries will join the U.S. and Nigeria in closely regulating abuses on social media. The consequences of ignoring the dangers of bullying on these platforms are far too serious to overlook.

We are happy to announce also the recent passage of Nigeria new cybercrime laws with far reaching provisions, which if properly enforced will address the menace of cyberbullying. Indeed, we shall be making further posts today on this new law, and its implications for Nigerians on social media.

21/08/2025

IT IS NOT TODAY

Since the return to civilian rule, Anambra State has been a place where real criminals are used to catch false criminals. Remember Bakassi.

14/08/2025

Accountability and Justice: The Case of Comfort Emmanson and Ibom Air

The recent controversy surrounding Comfort Emmanson and Ibom Air raises important questions about accountability and the protection of individual rights within Nigeria’s aviation sector. What will happen to the staff involved who allegedly violated Ms. Emmanson's rights? What consequences will the Ibom Air management face for their initial denial and attempts to cover up the truth? And what about those who manipulated the criminal justice system to have Ms. Emmanson incarcerated so swiftly?

These are the pressing questions every Nigerian should be asking following this distressing incident. If it weren't for the public outcry and the courage shown by many who stood with Ms. Emmanson, she might have been unjustly expedited through the criminal justice system, leading to a wrongful conviction. It’s crucial for Nigerians to understand the mechanics of this troubling case: How was the charge against her filed? Were any inducement involved in the manner the court ordered her remand in custody, perhaps intending for her to remain there for a month until the next hearing? Notably, the same magistrate quickly convened another session that resulted in her discharge, prompting us to ask: What was behind this abrupt change?

While it is a relief that Ms. Emmanson has been released and is now a free individual, this should not signify the end of the matter. The public deserves transparency and accountability regarding the events that transpired. Ms. Emmanson should pursue legal action against Ibom Air and the individuals who assaulted her, including the staff member who ripped her clothing. This case cannot — and must not — be swept under the carpet as so many others have been.

Furthermore, it is imperative that Ibom Air reassesses its training protocols for employees. An incident of this nature should never occur again, and rigorous training should be implemented to prevent future violations of customer rights.

The safety and dignity of passengers must be prioritized, and it is incumbent upon companies like Ibom Air to ensure such incidents are not repeated. The spotlight now shines on the management of Ibom Air, the justice system, and the individuals involved in this troubling case. It is a moment for reflection, accountability, and most importantly, change.

13/08/2025

Unchecked Power: The Troubling Case of Ibom Air Passenger Bans in Nigeria

The recent experience of an Ibom Air passenger sheds light on a disturbing trend in Nigeria's approach to human rights and civil liberties. It appears that the Nigerian airline and aviation authorities have embraced a daunting new power: the ability to impose lifetime flight bans on citizens without due process. In a society where dissent is often met with swift retribution, this newfound authority raises serious concerns.

The uneven application of these bans underscores a harsh reality in Nigeria—where justice is neither blind nor fair. Some individuals may be banned without ever facing charges, while others endure public humiliation, followed by legal charges and imprisonment. This glaring discrepancy highlights systemic inequality and the precarious status of human rights in the country.

When the government turns against its citizens, it often resorts to disgraceful tactics, spreading falsehoods and instilling fear—just as they have with this unfortunate woman.

If Nigerian aviation authorities aim to wield flight bans as instruments of control, they must establish clear standards and guidelines to prevent abuse and arbitrariness. There should be transparency regarding the circumstances under which a ban can be issued, the duration of such bans, and whether they extend to international flights. Additionally, citizens must have access to remedies or recourse when faced with an unjust ban. Will influential figures, like Senator Oshomole, face similar consequences? Is this power reserved solely for the ordinary citizens?

Until clear standards and due processes are implemented, Nigerians must recognize that these flight bans may serve as tools of oppression against government dissenters. The Nigerian Bar Association should advocate for the establishment of safeguards to protect the rights of citizens against this troubling trend.

09/08/2025

The Judgment in the Case of Angela Okafor v. Chima Aningo

DPA has received the certified true copy of the judgment in the case of Angela Okafor, which authorizes her to return the bride price to Chima Aningo through the court. We previously reported on this case. Despite their divorce in Georgia, Chima refused to accept the return of the bride price he paid for Angela, attempting to use it as a means to assert that she remained his wife. DPA assisted Angela in resolving this matter, and the bride price has now been returned through the court.

The judgment contains an important clarification for everyone to understand:

“Let me clearly state that once a statutory marriage is dissolved, any accompanying customary marriage and rights are automatically dissolved. See the cases of OHOCHUKWU v. OHOCHUKWU (1960) I ALL E.R. 253 and JADESIMI v. OKORIE EBOH & 2 OTHERS (1996) 2 NWLR Pt 429, 128.”

This clearly indicates that once a statutory marriage has been dissolved, there is no further requirement to take action, such as returning a bride price. All rights stemming from the customary marriage are automatically nullified. Those who choose to return the bride price are often doing so either for the sake of closure or to avoid potential harassment from their ex-spouse.

This case serves as a vital reminder of the legal principles surrounding marriage dissolution, underscoring the importance of understanding one's rights.

09/08/2025

The Right to Legal Representation: A Call for Justice and Understanding.
By Eculaw News

In recent discussions, we learned that Obi Levi Obieze, known as Ezeani or "E Dey Play E De Show," faces serious accusations of kidnapping, murder, and other heinous crimes. Shockingly, it appears he has no legal representation, as no lawyer has agreed to take on his case. While the nature of these charges is undeniably grave and warrants the maximum punishment if he is found guilty, it is crucial to emphasize that he still deserves legal representation.

According to Nigerian law, a person charged with a capital offense must be represented by a lawyer. If the accused cannot secure representation, the court is obligated to appoint one for him. This legal requirement is foundational to ensuring justice within our society.

Unfortunately, the stigma surrounding Obieze's case has likely deterred lawyers from getting involved. Many fear that representing him might imply a defense of his actions or a suggestion that he shouldn't be punished. However, this represents a fundamental misunderstanding of the criminal justice system and the vital role of legal advocates.

The due process designed to protect individuals in the legal system is not merely for the benefit of those accused; it upholds the integrity of society as a whole. The safeguards in place exist to prevent wrongful convictions and to ensure that no innocent person is unfairly imprisoned. It is essential that every accused individual, regardless of the nature of the allegations against them, has competent legal representation.

When a lawyer agrees to defend an accused person, their primary goal is to ensure a fair trial based on truth and justice—not to lie or distort facts. Lawyers are ethically bound to uphold honesty and integrity, and the legal profession rigorously screens for dishonesty among candidates. A defense attorney's role is to ensure fairness within the trial by verifying that the law is adhered to, that the accused has every opportunity to present their side, and that no corruption compromises the judicial process.

It is imperative for society that Ezeani is defended by competent lawyers, not only to uphold his rights but also to ensure that the truth emerges and that his trial is fair and just. This situation underscores a significant need for public education about our legal system. Many individuals, even educated citizens, do not fully grasp how the legal process operates. This gap in understanding can lead to harmful assumptions, such as the idea that lawyers can or should refuse to represent someone based solely on the severity of the accusations.

We urge everyone to recognize the importance of due process and support the principle that every accused person has the right to a fair trial and legal representation, no matter the charges they face.

03/08/2025

FROM MY BOOK: DETENTION BY THE EFCC

The Complexities of Detention and the Struggle for Justice

My writings from detention aimed to expose the stark truth about the EFCC, contrasting it with the façade they presented to the public. However, my efforts complicated my situation in ways I hadn't anticipated. Based on this experience, I advise anyone in the custody of the EFCC or Nigerian police to resist responding to any propaganda directed against them while in detention. If your rights are being violated, refrain from shouting out against the abuses. Doing so while still in their custody could provoke the authorities to manufacture evidence and create false narratives to cover up their wrongdoing. They have been known to backdate arrest warrants and judgments, and there is no crime the Nigerian police or the EFCC would hesitate to commit to conceal their actions.

Take, for instance, the recent case where it was alleged that the EFCC collaborated with the Corporate Affairs Commission to alter records in the investigation of Aisha Ashimugu. It was also no surprise when Justice James Omotosho criticized the EFCC for misrepresenting court proceedings in the case of Ali Bello (FHC/ABJ/CR/550/2022). The EFCC lawyer sought to blame the media team for the miscommunication. To the uninformed observer, these incidents may seem isolated, but they reflect the deeply rooted corruption within the EFCC.

It is unfortunate that an agency, created to combat corruption and economic crime, has instead become a tool for political manipulation. Long before my arrest, while serving as counsel for the Nigerian Government in the United States, I had closely interacted with government officials and witnessed firsthand how the EFCC operated. My involvement during the arrest of Governor Diepreye Alamieyeseigha in the UK was particularly telling. As I navigated that case, I recognized the manipulations and propaganda orchestrated by Ribadu and the EFCC, including the media's portrayal of Alamieyeseigha's alleged escape, which was misconstrued as fleeing while disguised as a woman. The British authorities understood the political motivations behind his detention.

These experiences informed my understanding of the EFCC's corrupt operations, which were only reinforced by my personal encounters with the agency. Little did I know that my attempts to counter the false narratives surrounding me and expose the truth about the EFCC would complicate my case in ways I could not foresee. Upon learning of my arrest, I was aware that Nigeria lacked jurisdiction over the $1.5 million dispute in Washington, akin to trying someone in Abuja for a traffic violation committed in New York. I assumed they would soon realize this and release me to return to the U.S.

Nothing in my legal training or even the most imaginative novels prepared me for the reality of how Nigerian authorities would manufacture facts and fabricate stories to manipulate the law and undermine the constitution. I had always believed that a good lawyer's role was to reason with the law and facts to persuade a judge. I never fathomed that in Nigeria, the definition of a competent lawyer could encompass lying, forging documents, and bribing or intimidating the court. This harsh reality hit me hard as I navigated my ordeal with the EFCC.

03/08/2025

FROM MY BOOK: CHAPTER 4

Navigating Constitutional Challenges: The Role of the Nigerian Constitution in This U.S. Court Proceedings.

Although the court in Chicago was also a U. S. District Court with equal authority as the court in Michigan, Judge Matthew Kennelly differed ideologically from Judge Bernard Friedman. Kennelly was more liberal, younger, and more intellectually oriented. One of the issues raised in Kennelly's court was the role of the Nigerian constitution in this case. While Kennelly would consider the Nigerian constitution's position on the issue, he was not bound by it, unlike a Nigerian judge would be.

Neither the plaintiffs’ lawyers nor I were prepared for the level of scrutiny that Judge Kennelly would apply to the Nigerian constitution. As the hearing began, Kennelly highlighted the implications of Section 6(6)(d) of the Nigerian constitution. This section provides:

“6(6): The judicial powers vested in accordance with the foregoing provisions of this section-
…
“(d) shall not, as from date when this section comes into force, extend to any action or proceedings relating to any existing law made on or after 15th January, 1966 for determining any issue or question as to the competence of any authority or person to make any such law.”

Until that moment, I had not closely examined the implications of this section of the constitution. However, once it was raised, its significance became clear. Judge Kennelly pointed out that this section was designed to grant immunity to Nigerian military officers who served under various military governments since January 15, 1966. He directed the lawyers to address the court on this issue. Ultimately, we all agreed that, due to this section, no court in Nigeria could challenge the validity of any actions taken by military heads of state from 1966 until Abubakar's time.

This meant that, under Nigerian law, MKO Abiola could not argue that either the Abacha or Abubakar government lacked the legal authority to detain him.

In Nigeria, Section 6(6)(d) of the Constitution provided Abubakar with immunity regarding his actions or inactions related to Abiola's detention leading to his death. This created a double-edged sword: while it protected Abubakar from legal consequences, it also ensured that Abiola would not find justice in Nigeria, which supported the case proceeding in the United States.

Judge Kennelly made an immediate decision to disregard the provisions of the Nigerian constitution by declaring that he was not bound by it, and he was correct in doing so. He was applying U.S. law, and in his court, the Nigerian constitution was merely a matter of fact, not of law.

Eculaw Group

05/09/2025

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