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Nigeria Tense After Shooting Of Protesters By Security Forces In Lagos

UbuntuTimes
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Nigeria Tense After Shooting Of Protesters By Security Forces In Lagos

Nigerian security forces opened fire late Tuesday on hundreds of demonstrators who had gathered in the country’s commercial center of Lagos, killing an unspecified number of people and leaving many injured.

Witnesses said soldiers fired live rounds under the cover of darkness at the Lekki toll gate, an upscale area of the city, just hours after the Lagos authorities imposed a 24-hour curfew to try to douse tension following two weeks of demonstrations demanding extensive police reforms.

A popular disc jockey, DJ Switch, who live-streamed the attack on Instagram, said seven people died. Some reports said more people died in the attack that has trended on social media as #LekkiMassacre and #LekkiGenocide.

“For 12 days, our young kept peacefully and intelligently asking @MBuhari
to #EndSARS. The best response he could give was ask the @HQNigerianArmy
to kill as many of them as possible in #LekkiGenocide,” former education minister and World Bank executive, Oby Ezekwesili, wrote on Twitter Tuesday night.

Governor Babajide Sanwo-Olu of Lagos promised an investigation and blamed the attack on “forces beyond my direct control”, an indication the directive for the raid came from the federal government, which controls the police and the military.

“For clarity, it is imperative to explain that no sitting governor controls the rules of engagement of the military. I have, nonetheless, ordered an investigation into the rules of engagement adopted by men of the Nigerian Army that were deployed to the Lekki toll gate last night,” the governor said.

“This is with a view to take this up with higher commands of the Nigerian Army and to seek the intervention of Mr. President in his capacity as the Commander-In-Chief to unravel the sequence of events that happened yesterday (Tuesday) night.”

Videos and pictures posted online show horrified protesters fleeing as soldiers fired live bullets towards the crowds. One footage showed victims trying to remove shrapnel from injured protesters.

The attack followed weeks of rare mass protests in a country that has endured two decades of democratic governance following decades of military dictatorship.

President Muhammadu Buhari came to power in 2015 and won re-election in 2019 on the promise to fight insecurity and corruption, but many citizens say the president has become aloof to the demands of citizens who voted for him. Mr. Buhari is yet to address the nation since the protests began.

The demonstrations started with demands for the disbandment of a notorious police unit, Special Anti-Robbery Squad, or SARS, accused of rampant abuse of human rights, extortion, and unlawful killings. The government acceded after days of protests and named a new tactical unit, SWAT, modeled after the United States’ special weapons and tactics squad.

The mostly young protesters, however, have insisted on wider reforms, and more tangible actions such as the prosecution of police operatives who violated the rights of citizens and have demanded the payment of compensation to victims. They argue that previous promises by governments to reform the police were never actualized.

The demonstrations have taken place in several cities across the country, but have taken hold in Lagos and the capital, Abuja, and at least 12 people were killed either by the police or pro-government thugs before the Tuesday attack, local media reported.

The Nigerian army had last week warned it was ready to step in against “subversive elements and troublemakers”, and vowed to defend the country’s democracy “at all cost”. On Saturday, the army announced the launch of “operation crocodile smile” nationwide, saying it was targeting criminals. But the move raised concerns the government was planning to clamp down on the protests.

After curfew was announced in Lagos and several other cities across the country on Tuesday, protesters reported seeing unknown people removing CCTV cameras from the Lekki area where protesters had camped for the last two weeks. They said as night fell, street light in the area was cut before soldiers arrived and started shooting.

CCTV camera removal before Lekki Massacre
EndSARS protesters reported seeing unknown agents removing CCTV cameras from the Lekki tollgate vicinity before soldiers arrived and started shooting at demonstrators. Credit: EndSARS Protester(s)

The killings on Tuesday have horrified the country and drawn international condemnations.

Joe Biden, the U.S. Democratic presidential candidate, urged “President Buhari and the Nigerian military to cease the violent crackdown on protesters in Nigeria, which has already resulted in several deaths.”

Biden said the U.S. must stand with Nigerians “who are peacefully demonstrating for police reform and seeking an end to corruption in their democracy.”

Former U.S. secretary of state, Hilary Clinton, called on Mr. Buhari and the army to stop attacking protesters.

The United Nations Deputy Secretary-General, Amina Mohammed, reiterated the UN’s call for maximum restraint in security forces’ response to the #EndSARS protests in Nigeria.

“The UN and I are following the protests in Nigeria calling for an end to human rights violations.

“I join the UN Secretary-General in stressing the importance of respect for peaceful protests and freedom of assembly, and call on the security forces to exercise maximum restraint,” she said on Twitter on Tuesday night.

The military has not commented on the incident, beyond tagging news posts on Twitter of the attacks as “fake news”.

Chaos escalated across Lagos on Wednesday with several properties belonging to the government or prominent individuals looted or torched. The palace of the traditional ruler, the Oba of Lagos, seen as a pro-government figure, was vandalized. A facility of the Nigerian Ports Authority and the Federal Road Safety Corps were also set on fire.

In response, the government deployed police and the military to patrol the streets, largely deserted by residents. Flights into and out of Lagos have been canceled.

Africa Losses $89bn In Illicit Financial Flows, UN Report Shows

Kizito Makoye
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Africa Losses $89bn In Illicit Financial Flows, UN Report Shows

Dar es Salaam — Africa losses roughly 88.6 billion USD every year in illicit financial flows (IFFs) including tax evasion and outright theft of resources, UN study shows.

The report, titled “Tackling illicit financial flows for sustainable development in Africa,” published a week ago by the United Nations Conference on Trade and Development (UNCTAD) suggests the IFFs is nearly as much as the combined total amount of development assistance, valued at $48 billion and annual foreign direct investment, pegged at $54 billion — the average African countries received between 2013 and 2015.

Hurdle To Development

Illicit financial flows are hindering African development by draining foreign exchange, reducing domestic resources, stifling trade, and macroeconomics stability thus worsening poverty and inequality.

“Illicit financial flows rob Africa and its people of their prospects, undermining transparency and accountability and eroding trust in African institutions,” says UNCTAD secretary-general Mukhisa Kituyi.

The report shows, almost half of the money that Africa loses is accounted for by the export of undervalued commodities such as gold, diamonds, and platinum.

For instance, the report shows, gold accounted for 77 percent of the total under-invoiced exports worth $40 billion.

Stopping The Flight

While tackling illicit flows is a priority for the United Nations, most African countries are yet to plug loopholes that facilitate illegal capital flight and commercial practices such as mis-invoicing of trade shipments, corruption, money laundering, and illegal markets and theft.

From 2000 to 2015, the total illicit capital flight from Africa amounted to $836 billion. Compared to Africa’s total external debt stock of $770 billion in 2018, this makes Africa a “net creditor to the world”, the report says.

IFFs related to the export of extractive commodities ($40 billion in 2015) are the largest component of illicit capital flight from Africa. Although estimates of IFFs are large, they likely understate the problem and its impact.

IFFs Undermine Africa’s Potential To Achieve The SDGs

IFFs represent a major drain on capital and revenues in Africa, undermining productive capacity, and Africa’s prospects for achieving the Sustainable Development Goals (SDGs).
For example, the report finds that, in African countries with high IFFs, governments spend 25% less than countries with low IFFs on health and 58% less on education.

Since women and girls often have less access to health and education, they suffer most from the negative fiscal effects of IFFs. Africa will not be able to bridge the large financing gap to achieve the SDGs, estimated at $200 billion per year, with existing government revenues and development assistance.

The report finds that tackling capital flight and IFFs represents a large potential source of capital to finance much-needed investments in infrastructure, education, health, and productive capacity.

Paul Akiwumi UNCTAD Director for Africa said IFFs is a shared problem between developing and developed countries.

According to him, extractive, telecom sectors, and financial services are more susceptible to IFFs.

Akiwumi said IFFs have huge social and economic consequences. They not only drain domestic financial resources but also they’re correlated with lower government spending on key development areas.

“Illicit activities are by their very nature inherently difficult to record due to the differences in legal and regulatory frameworks across jurisdictions,” he told Ubuntu Times.
According to him, efforts to curb IFFs are hampered by lack of statistics.

The report shows IFFs in Africa are endemic to certain high-value, low-weight commodities including gold.

Sharpening Skills And Knowledge

Out of $40 billion of IFFs derived from extractive commodities in 2015, 77% were concentrated in the gold supply chain, followed by diamonds (12%) and platinum (6%).
The report aims to equip African governments with knowledge to identify and evaluate risks associated with IFFs and foment solutions to curb IFFs and redirect the proceeds towards development projects.

Improving Cooperation 

The report says African governments have not sufficiently reformed their taxation systems and enhance their national capacities to curb tax evasion and tackle proceeds from money laundering and recover stolen assets

Global Intervention

Tax revenues lost to IFFs are costly to Africa where public investment and spending on SDGs are lacking. In 2014 Africa lost approximately $9.6 billion to tax havens, equivalent to 2.5% of total tax revenue.

Local judicial authorities often lack the tools to challenge tax evasion at the core of the global shady financial system.

“Tackling illicit financial flows, however, will open the door to releasing much-needed investments in education, health, and productive sectors. African Governments — in concert with Africa’s private sector actors — should take the lead in strengthening stolen asset recovery, setting new standards for avoiding illicit flows and committing to more concerted actions to combat the negative impact of illicit financial flows on African economies,” says Kituyi.

Local analysts have called for global policymakers to devise measures that would deter billions of dollars from being siphoned out of the continent through money laundering and industrial-scale corporate tax avoidance.

“Africa is not a net debtor, rather a net creditor whose resources are drained through corruption, tax evasion, and outright theft. We need a new paradigm to reverse this trend,” said Bohera Lunogelo an analyst from a Dar es Salaam-based Economic and Social Research Foundation.

Outspoken Tanzanian Lawyer, Banned For Malpractice

Kizito Makoye
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Outspoken Tanzanian Lawyer, Banned For Malpractice

Dar es Salaam, September 24 — A top Tanzanian lawyer and the former president of the Tanganyika Law Society (TLS)—a local bar association has been disbarred from practicing law in the East African country barely a day after she was kicked out by her law firm, in what critics term as politically motivated scheme to silence her.

Fatma Karume, popularly known as Shangazi, or aunt in Swahili, is a vocal critic of President John Magufuli’s regime.

Breach of Ethics

“I have been permanently removed from the Roll of Advocates,” she announced on Twitter

The decision to ban her from practicing law was reached by the Advocates Commitee which sat at the country’s High Court Wednesday and found her to have breached the codes of ethics.

The 51-year-old lawyer, who was earlier this week sacked by IMMMA Advocates—a law firm she had helped to create, said her practicing number 848 had been plucked from the ledger of advocates.

“I will not be appealing the decision,” she said.

Corporate Reputation

The law firm, where Karume worked for more than a decade as a senior partner, sacked her on the grounds that she was tarnishing its corporate image and jeopardizing friendly business relations with clients.

The firm claimed it’s unhappy with Karume’s “political activism” on social media which, allegedly violates the legal code of ethics.

Sadock Magai, a managing partner at IMMMA Advocates told reporters that Karume’s political activism has injured the firm’s corporate reputation adding that she had grossly breached her partnership agreement with the firm known for its premier legal services across Africa.

Karume denied the allegations saying defending the rule of law and democracy has nothing to do with breach of ethics.

“If you defend the rule of law, democracy in a dictatorship you’re dubbed a “political activist” and terminated in breach of a deed of partnership by IMMMA a law firm that had no qualms flaunting a partner sitting as a minister in the ruling CCM government,” she said adding “Ethics are a rare commodity.”

Parting Ways

In a letter written to Karume, signed by Magai the law firm said it no longer wished to associate itself with her, adding that she will be duly compensated.

The outspoken lawyers had also been ordered to return the firm’s possessions.

“Two weeks ago, they (the firm) sent me a letter asking me to stop political activism or they will fire me. I told them I am a lawyer and it is my job to speak for the community,” said Karume defiantly.

Fearless Human Rights Defender

In a statement issued today, Tanzania Human Rights Defenders Coalition (THRDC)—a leading rights advocacy group said it’s “extremely shocked and deeply saddened” by the decision to ban Karume.

“She’s an ardent supporter of the rule of law and staunch defender of constitutionalism, democracy, and human rights in Tanzania.”

Advocate Karume, a granddaughter of the founding Zanzibar president, Abeid Amani Karume, is described by her supporters as an astute lawyer, with a razor-sharp legal mind and a bold temperament.

“Like a person of any other calling Fatma is always guided by her conscience and stick to the cardinal rules for lawyers,” reads THRDC statement in part.

Impeccable Legal Credentials

Karume has over the years, tirelessly worked to resolve many corporate, human rights, and public interest legal disputes.

Last year, Karume was indefinitely suspended by the High Court as an advocate on alleged ethical misconduct. However, campaigners still recognize her as a fearless human rights advocate.

Karume, whose office was in August 2017 fire-bombed by unknown assailants is the second female President of the Tanganyika Law Society.

She has more than twenty years of experience in civil and commercial litigation and specializes in civil litigation, arbitration, constitutional and administrative law.

Former Government Minister Jailed In Zimbabwe

Jeffrey Moyo
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Former Government Minister Jailed In Zimbabwe

Gweru, September 22 — Former Provincial Minister for Midlands Province in Zimbabwe was this Tuesday sentenced to four years in jail following accusations of criminal abuse of office, this after he parceled out State land to desperate home seekers in Gokwe, one of the towns in the province.

A day prior to the sentence, Mr. Machaya and his accomplice, former Midlands physical planner Chisayinyerwa Chibururu were found guilty of abuse of office involving the sale of state land in Gokwe.

Sentencing the former Midlands Minister alongside his accomplice, Magistrate Charity Maphosa handed the two four-year jail term each, however suspending 18 months for each on condition that the pair does not commit a similar offense in two years.

The two would therefore serve 30 months in jail.

Machaya faced charges of parceling out 17,799 residential and commercial stands to land developers, with the developers, in turn, handing the former Midlands Minister 1,791 stands of which the accused sold 1,185.

But last year when his trial commenced in Gweru, the Midlands Provincial capital, Machaya and his accomplice denied the charges.

Mr. Machaya also faces charges of unlawfully parceling out 192 residential pieces of land to the Apostolic Christian Church of Zimbabwe (ACCZ).

Machaya and Chibururu’s defense lawyer Alec Muchadehama has however filed for his clients’ bail pending appeal against the sentences handed down by the magistrate.

Recurring Diplomatic Row Between Kenya And Tanzania Likely To Threaten AfCFTA Success

Robert Kibet
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Recurring Diplomatic Row Between Kenya And Tanzania Likely To Threaten AfCFTA Success

Nairobi, September 3 — The recent diplomatic tiff between Kenya and its neighbor, Tanzania is likely to spell doom for the East African Community (EAC) and by extension the highly ambitious African Continental Free Trade Area (AfCFTA) which was entered into force on May 30, 2019, after 22 African countries had deposited ratification instruments.

Experts say the dispute helps put into perspective the enormous challenges awaiting African states in their attempt to eliminate trade barriers under AfCFTA.

While promoting intra-African trade and integrating the African market towards making the continent a strategic player in global trade and policy, an argument has been raised as to why African politicians are not showing leadership for this to succeed.

Closer home, the East African Community, Kenya, Uganda, Rwanda, and Ethiopia have ratified AfCFTA while Tanzania and the EAC’s lone ranger, Burundi are yet to ratify.

The Kenya-Tanzania border trade disputes following Corona fears exposes African political leaders as the weak link in promoting African integration.

“The route cause of the diplomatic row between Kenya and Tanzania lies in the history of how the old EAC split and who was left with what sorts of assets and those undertones still exists. These can be wiped out if our political leaders take an initiative to focus people’s eyes on the current structure,” Waturi Matu, coordinator of the East Africa Federation of Tourism told Ubuntu Times.

When the EAC broke, it was necessary to create some sort of cooperation on how both countries would cooperate because like in tourism, they share an ecosystem and mutual plans, which gave rise to the 1985 bilateral agreement

When the new EAC was created and the East Africa treaty was signed and the common market protocol came into being, Matu says Kenya stopped following the 1985 bilateral agreement to the later. 

“Until about July 2013,  the sectoral council directed Kenya, Tanzania, and Uganda to meet and iron their issues around free movement of services. Kenya and Uganda were quickly able to agree that the issue that was pending was how to allow foreign vehicles to enter national parks,” says Matu.

As at February last year, both countries agreed at a meeting to go back and implement the bilateral agreement. However, one party had not recognized what impact this would have on the tourism operation, which includes close access to the national parks and attractions such as the airport.

Following fears of COVID-19 cross-border transmission between Kenya and Tanzania, Kenya maintained that long-distance truck drivers must be subjected to COVID-19 test before being allowed entry into Kenya.

This was after Kenya identified Kenya-Tanzania and Kenya-Somalia borders as hotpots for Coronavirus. Tanzania authorities would then swiftly retaliate by restricting movement between the Kenya-Tanzania border by forbidding all automobiles and persons from Kenya.

In July during his tenth State address, President Uhuru Kenyatta said countries not making public their COVID-19 data does not mean they were doing better in handling the pandemic. He asked Kenyans not to take the virus lightly adding that Kenya is a democratic society and must conduct its business in the open.

“The fact that countries don’t report what happens in their countries does not mean they are fine, we are an open society and we have to tell our stories,” he said.

It is a statement that appeared to hit at neighboring Tanzania as it was not making public its COVID-19 cases.

In what is viewed as reciprocation, Tanzanian aviation authority redirected a plane carrying Kenya’s envoy to the late former Tanzanian president Benjamin Mkapa mid-air on grounds that the weather was bad.

In June, Tanzania President John Mugufuli suggested that Tanzania was free of COVID-19 as God had ‘answered their prayers.’

Magufuli’s directive came a few days after he skipped the video-conference between East Africa Community head of states and government on May 12. Present in the virtual meeting were Presidents Kenyatta (Kenya), Museveni (Uganda), Kagame (Rwanda), and Salva Kiir (South Sudan) with Magufuli (Tanzania) and former Burundi’s president the late Pierre Nkurunziza, missing.

According to the EAC, the consultative video conference was meant to assess the development of COVID-19 in the region in a bid to develop a regional approach.

When Tanzanian authorities burned 6,400 poultry allegedly imported illegally and imposed a 25 percent import duty on Kenyan confectionery in 2017 and 2018 respectively, Kenya on the other hand banned Tanzanian tour vans from accessing Maasai Mara National Reserve.

In the latest heightened and deepening row, Tanzania moved swiftly and banned Kenya Airways flights “on a reciprocal basis” after Kenya decided against including Tanzania in a list of countries whose passengers would be permitted to enter Kenya when commercial flights resumed on 1 August.

If successful and fully implemented, AfCFTA will create a single market for its population of about 1.3 billion, perhaps the best for Africans since breaking colonial chains and catapulting Africa into the leagues of China and India in terms of market.

Civil Society Warns Against Bilateral Treaties With Tax Haven Jurisdictions

Robert Kibet
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Civil Society Warns Against Bilateral Treaties With Tax Haven Jurisdictions

Nairobi, August 22 — Tax Justice Network Africa (TJNA) and the East African Tax and Governance Network (EATGN) has cautioned the government of Kenya in its pursuit of new Double Taxation Agreements (DTAs) with the government of Barbados and Government of the Republic of Singapore.

Singapore is globally ranked as the 8th most aggressive tax haven allowing for extensive avoidance and evasion of taxes from other jurisdictions around the world. The civil society argue that having DTAs with both countries doubly places Kenya at risk of eroded tax revenues in a time of increased debt strain.

DTAs serve to relieve the double taxation of income that is earned in one jurisdiction by a resident of another, providing relief from double taxation in the situation where income is subject to tax for both countries.

In response to a notice issued by the Ministry of Finance, National Treasury, and Planning, on July 13 this year requesting for public submissions on the respective treaties, TJNA and EATGN welcomed the change in policy behavior and submitted comments for the two DTAs on August 17. 

This represents a fundamental shift in the inclusion of stakeholders in treaty-making and ratification processes in Kenya. 

The civil society group now urges that the process moves beyond invitations for comments to more constructive consultations, analysis, and decision making that involve other participants including the Kenyan parliament.

Having previously petitioned the High Court and won against the National Treasury on the issue of public participation as related to the DTA with Mauritius, TJNA recognizes this significant step taken by the government to begin opening up the process of policymaking as enshrined in the Kenya Constitution. 

Alvin Mosioma, TJNA Executive Director had previously stated “TJNA intends to ensure that in future similar tax negotiations are not in contravention with the laid down laws and procedures.”

Nevertheless, considering the increasing significance of tax havens in the loss of domestic revenue, TJNA and EAGTN have asked the Kenyan Ministry of Finance to note key considerations during the process.

“The government needs to publicly explain why there’s an urgency to sign DTAs with known tax haven jurisdictions such as Mauritius or Singapore instead of prioritizing the implementation of one that has already been developed by the East African Community (EAC) members, who are Kenya’s largest trading partners,” Alvin Mosioma told Ubuntu Times in an interview.

EATGN is a civil society collaborative initiative of individuals and non-state actor institutions in the East Africa Community (EAC) that share the understanding that taxation is fundamental in achieving social justice and development goals.

Further, TJNA wants that further to submission of comments, the Barbados and Singapore tax treaties will require parliamentary scrutiny and public debate under the Treaty Making and Ratification Act of 2012 (TMRA 2012). 

This is in line with the fulfillment of the monist principle in the Constitution; requiring approval by the legislature on treaties that become part of domestic law, especially if they affect public finance and the burden of taxation, as laid down in articles 1, 2.6, 114(2), 201 and 210(1) of the Constitution

According to Mosioma, there is a need to evaluate both tax treaties in relation to how they are likely to negatively affect Kenyan tax law. A cost-benefit evaluation on the desirability of the Barbados and Singapore tax treaties as specified in the TMRA is necessary.

This is especially because these treaties entail a restriction on tax sovereignty and have major revenue implications; they grant tax benefits and exemptions to foreign investors not available to Kenyan citizens or companies, resulting in the reduction of government revenue and directly affecting the public finances and the sharing of the burden of taxation (Constitution Article 201).

A public impact on the risk of revenue loss will need to be shared for and national debate. The revenue implications of the various benefits and possible loss from exemptions in tax treaties must be evaluated against the conceivable gains, or otherwise, of extractive investment from abroad. 

Jailed Scribe, Politician Released On Bail In Zimbabwe

Jeffrey Moyo
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Jailed Scribe, Politician Released On Bail In Zimbabwe

Harare, September 2 — Zimbabwe’s renowned freelance journalist Hopewell Chin’ono and opposition politician Jacob Ngarivhume have both been released on bail this Wednesday after spending over a month in the country’s notorious Chikurubi maximum jail after the pair faced charges of inciting public violence ahead of the foiled Jul.31 anti-government protests.

Hopewell and Ngarivhume were arrested separately on 20 July this year.

He (Hopewell) was granted 10,000 Zimbabwean dollars bail, an equivalent of approximately 120 USD by high court Judge Tawanda Chitapi while Ngarivhume was granted 50,000 Zimbabwean dollars bail, also an equivalent of approximately 602 USD by another high court judge Justice Siyabona Msithu.

As part of his bail condition, Hopewell was ordered to continue residing at his last given address and to report in person to the police thrice weekly while he was also ordered to continue residing at his last given address.

But, both Ngarivhume and Hopewell, with their cases presided over by two different judges, were also barred from using their Twitter social media accounts as part of their bail conditions.

Hopewell’s freedom bid follows an appeal he had lodged with the High Court after several failed attempts to secure his freedom.

“The appeal be and is hereby granted. The reasons given by the magistrate in denying him (Hopewell) bail are hereby set aside,” High Court judge Tawanda Chitapi said in his ruling Wednesday.

Both Hopewell and Ngarivhume faced charges of incitement to commit public violence or alternatively, incitement to participate in a gathering with the intent to promote public violence by posting messages through their Twitter handles between March 1 and July 20.

As such, it was alleged in court that while in Harare city centre, Ngarivhume posted several messages on Twitter in an attempt to influence many people to engage in public violence or participate in a gathering that would disturb peace in the country.

The release on bail of the two follows a recent joint statement issued by heads of missions from Canada, Germany, the Netherlands, Norway, Poland, UK, and the USA, denouncing rights violations by the Zimbabwe regime.

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