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Thursday, June 30, 2011
Icelandic Brewery has to Expand to Keep up With Demand
The owners of the Brewery in �rsk�gsstr�nd north of Akureyri are expanding the factory by 200 square meters to be able to put up more tanks for brewing. This is an increase of 40%. The investment is close to 40 million ISK and production capacity will rise from 380 thousand liters to 550 thousand liters per year of the beer Kaldi.Source: http://icelandreview.com/icelandreview/daily_news?cat_id=29314&ew_0_a_id=379495
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Cesc Fabregas has paid his dues
Fabregas made it clear that he saw himself as the mainspring of a seriously ambitious team.
|||London, England - Who wouldn't want to play for Barça? And wouldn't this be especially so if, like Cesc Fabregas, you were born virtually in the shadow of the great Nou Camp arena?
Still, you needed a hard heart to read without a degree of anguish the weekend story that he had offered to take a pay cut if it helped him swap the shirt of Arsenal and the supervision of Arsène Wenger for the embrace of Pep Guardiola and the masters of European football.
There is certainly no doubt that of all the blows that have landed on Wenger in recent months it is impossible to imagine that anything could rival in severity the emotional devastation implicit in the departure of his ultimate protégé.
Depending on your perspective, there is one of two possible reactions. The first is that Fabregas is betraying the man who invested so much in his possibilities as one of football's truly creative forces. The second - and it is the most persuasive available choice here - is that at 24, Fabregas has paid his dues to both his mentor and his club. He stepped into the competitive vacuum left by the decline of Patrick Vieira and the departure of Thierry Henry with a quiet, stunning maturity. He scored a goal against Milan in a Champions League tie at San Siro which refreshed a thousand dreams.
Fabregas made it clear that he saw himself, at least for a few years, as the mainspring of a seriously ambitious team.
The trouble was Arsenal needed a lot more than the inventions of their precocious captain. They needed a defence that wasn't a parody of the one Wenger inherited from the days of George Graham. They needed a goalkeeper who could create a modicum of confidence among his team-mates. They needed a striker of proven consistency, someone to augment the spasmodic brilliance of the injury-prone Robin van Persie. They didn't get any of that, only the old Wenger mantra, “We don't buy superstars - we make them.”
Now that the production line has so demonstrably run down in certain vital areas - no, we are not forgetting the thoroughbred credentials of such as Jack Wilshere and Aaron Ramsey - we hear urgent talk of new faces, from the skilled and lively Argentine midfielder Ricardo Alvarez to the hard and functional Phil Jagielka. This is inevitable after the most recent collapse of an Arsenal season.
Yet can we really expect the doubts of Fabregas to be assuaged by such possibilities? When he inherited the captaincy of Arsenal he had some reasonable expectation that the team's progress would be rather more seamless.
When he heard his mentor put down the impertinent Jose Mourinho with the accusation that he was too often “disconnected” from reality he could not have imagined the charge would be levelled at Wenger so relentlessly in just a few years. There was an anger in certain quarters when it was suggested that Arsenal's defeat in the League Cup final against a Birmingham team heading for relegation, but buoyed by infinitely more conviction than their opponents that day, said that a vital part of their DNA had gone missing.
It was just one of those days, Wenger's most obdurate defenders insisted. However, there would be so many of them in the vertiginous descent to the end of the season - and if there is one abiding memory of that day when the belief of Arsenal fans that the drought of trophies was over was shattered, it is surely the expression on the face of Fabregas.
The cameras lingered cruelly at the end of the game. Fabregas's face seemed to be saying, more profoundly than ever before, that it was over with him and Arsenal.
Yes, of course it is a matter of regret. If we started this with the question about who wouldn't want to play for Barça, there is another one that asks: which player of creative instinct wouldn't want to play for Arsène Wenger. Which manager would put more faith in his skill and imagination?
When Wenger turned down the escape option of Real Madrid two years ago he said the decision wasn't about the Spanish club but his feelings for Arsenal and his passion for the project he had launched on his appointment over a decade earlier.
“I want to deliver with this team, my team,” Wenger declared, “and if I left now I would think of it as a betrayal.”
But a betrayal of whom, precisely, Arsenal or his own most singular view of football and his role in it? If Fabregas does decide, as seems increasingly likely, that it is indeed time for him to head home he is unlikely to ask himself such a question. There is, you have to believe, no just cause for such rumination.
For so long Fabregas promised to be another glory of the club he served so well. Now, it has to be said with much sadness, that he resembles nothing so much as a reproach. - The Independent
Source: http://www.iol.co.za/cesc-fabregas-has-paid-his-dues-1.1089999
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Nani welcomes Young?s signing
Manchester United winger Nani has no plans to quit the English champions following the signing of Ashley Young.
|||Singapore – Manchester United winger Nani has no plans to quit the English champions following the signing of Ashley Young last week and told Reuters on Monday that he welcomed the competition for a place in the starting lineup at Old Trafford.
Nani, who did not start the Champions League final loss to Barcelona last month, had been linked with a move away from Old Trafford by British media reports but the Portuguese said he was looking forward to meeting his new team mate.
“Of course I have to welcome everyone they sign, I think Man Utd is a fantastic club. When they bring in new players, they know if it is good for the team or not, and this (Young signing) has to help them,” Nani said in the suite of his hotel in Singapore.
“It is good for the team, we want more (players) to help us to win trophies,” added Nani, who was in southeast Asia to help promote the Peter Lim Scholarship scheme for the Singapore Olympic Foundation.
The 24-year-old explained that his experiences competing with the world's most expensive player, Cristiano Ronaldo, for a place in the Portugal lineup and previously in the United first team meant he was not concerned by the prospect of reduced appearances following Young's arrival.
“I've been there (at United) when Cristiano was there, Cristiano was one of the best players in the world. At that moment (I had no) worries about him (taking my place),” Nani said of the player who joined Real Madrid in 2009. – Reuters
Source: http://www.iol.co.za/nani-welcomes-young-s-signing-1.1089491
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Funding approved for new student housing
The construction of new student housing in Vatnsm�ri for the University of Iceland can commence in the fall creating an expected 300 man-years of employment.Source: http://icelandreview.com/icelandreview/daily_news?cat_id=29314&ew_0_a_id=379449
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Police, protesters clash in Cairo
Egyptian security forces fired tear gas and and protesters responded with rocks and firebombs in a second successive day of clashes in central Cairo.
|||Cairo – Egyptian security forces and protesters clashed for a second successive day in central Cairo on Wednesday in scenes not seen since the uprising that toppled Hosni Mubarak in February.
Riot police were deployed around the Interior Ministry and were using tear gas to keep the protesters at bay. The demonstrators were responding with rocks and firebombs. The clashes left streets littered with rocks and debris and sent a cloud of tear gas over the area.
So far, Wednesday's violence was on a much smaller scale than the clashes the previous evening, when some 5 000 protesters battled the police for hours overnight.
Dozens of protesters and policemen were injured in the clashes Tuesday and Wednesday, but there were no exact figures immediately available. Ambulances were ferrying the wounded to hospitals and volunteer doctors and nurses were treating others on sidewalks.
Many of the protesters are believed to be relatives of some 850 people killed during the uprising that ousted the former president, and are frustrated over what they perceive as the slow pace of prosecution of police officers believed to be responsible for the deaths.
Tuesday's clashes began at Tahrir square, epicentre of the January 25 to February 11 uprising, but later moved to streets leading to the nearby Interior Ministry when authorities ordered the riot police to pull back from the vast plaza. Tahrir square was closed to traffic on Wednesday.
The military, which has taken over from Mubarak, issued a statement on its Facebook page saying the clashes were designed to “destabilise the country” and drive a wedge between the groups behind the uprising and the security forces. It called on Egyptians not to join the protests.
A key youth group, April 6, described the police's handling of the protests as “brutal” and called in a statement for a sit-in in central Cairo to protest what it said was the failure to implement many of the revolution's demands and also to show solidarity with the families of the uprising's victims. – AP
Source: http://www.iol.co.za/police-protesters-clash-in-cairo-1.1090587
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Wednesday, June 29, 2011
Mngqithi admits losing Majoro a blow
The 24-year-old striker has completed his move to Soweto giants Kaizer Chiefs.
|||AmaZulu coach Manqoba Mngqithi has conceded that losing star striker Lehlohonolo Majoro to Kaizer Chiefs was a huge blow, but remains adamant something better beckons for his team in the season ahead.
The 24-year-old striker completed his move to the Soweto giants on Wednesday after signing a three-year deal.
Mngqithi said: “It is a blow to lose a player like Majoro, but I’m always optimistic that it is an opportunity for something better to surface. So for sure it’s a bit of a challenge having to move on. But it’s only fair for me to accept that if one door closes, then another one opens.
“Life has always been like that and maybe it’s another opportunity for another youngster to rise to the top.”
The move came less than three weeks after the Usuthu began training for the new season and left the boss to continue his preparations without a player he brought out of nowhere just 12 months earlier.
Majoro, who was on the brink of being lost to the game as he pursued his profession in radiology, arrived at the club as an unknown last year going on to score 14 goals in 21 league appearances.
“When I brought him from where he was, the dream of playing football was almost gone because he had already enrolled into a full-time government job that gave him no time to train,” Mngqithi said.
“And even when he came here, no one knew him and today we are all talking about him.
“There are players that would add a lot of value to this club. We have made enquiries and are still waiting to hear what their situations are with their clubs.”
Mngqithi revealed that he was happy with the way preparations had gone for his side, adding that they were close to finalising friendlies against Maritzburg United, Sporting Braga from Portugal and Pure Joy FC from Ghana over the next month.
“Our pre-season program is only starting after tests we are doing today and tomorrow. Before this we had been working with some of the youngsters we have signed,” he said.
“After the tests, we feel that we’ll be able to identify areas that we will still need to improve on in terms of conditioning.
“We’ve got six weeks, which I feel is enough for us to be completely ready for the new season.”
The former Golden Arrows mentor also said that he wanted to add a new striker to his squad ahead of the new campaign starting in August. - Sapa
Source: http://www.iol.co.za/mngqithi-admits-losing-majoro-a-blow-1.1090835
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Outrage at late PSL fixtures draw
General manager Derek Blanckensee admits the PSL have left it too late.
|||A senior official at a Cape club has slammed the Premier Soccer League's late release of the new season's fixtures. The draw for the 2011/12 league takes place in Johannesburg today, with the preliminary fixtures only expected out in the second week of July. That, in terms of a highly-placed source, leaves clubs no time to organise and plan with the first league game scheduled for the second week of August.
And when it comes time to point fingers for poor marketing of matches and empty stadiums, clubs have to take responsibility. The source said: “The PSL give teams provisional fixtures from the second week of July, which only leaves the teams two weeks to amend and accept.
“And then to plan it leaves us no weeks because the first week of August you play MTN8 then after that when do you plan your league?
“If you want to build on your support base people should have a programme of where the team is going to be for the next 10 months. It's unfair for football fans and administrators because at the end of the day people will say the teams don't market themselves.
“Which leeway did we get to market ourselves as a club and which venues are you able to market as well?
“If you don't have a home venue, you have to apply to the council which runs the application of the even. It's the same for rugby, cricket and music concerts.
“The council controls the passing of the event so how do you make those applications in a week? Compare this to English football where the Premier League fixtures were released on June 17 with the league only starting two months later.”
PSL General manager of football Derek Blanckensee admitted the PSL had left it too late. He said: “I agree with the clubs that it should have come out earlier. There was an issue around the processes on our side and how the draw happens.
“It can be done earlier and next year we will get it done earlier.
“We were in a position where we could have done them a while back but it was just a case of waiting for the relevant meeting.” - Daily Voice
Source: http://www.iol.co.za/outrage-at-late-psl-fixtures-draw-1.1090857
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Opening of Statoil gas storage facility
Developers Scottish and Southern Energy plc (SSE) and Norwegian Statoil (UK) Ltd have opened the new gas storage facility at Aldbrough in East Yorkshire, in the UK.
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Club boss in custody for match fixing
The president of a club has been linked to the match-fixing scandal in Greek football.
|||Athens, Greece - Olympiakos Volos president Achilleas Beos has been taken into custody pending trial along with two other prominent figures for alleged involvement in the match-fixing scandal that has rocked Greek football.
Beos, who gave three hours of testimony on Monday evening denying all charges against him, was detained in the early hours of Tuesday morning.
He was the third person to be detained, along with the owner of second-division club Ilioupoli, George Tsakogianni, and bookmaker Vassilis Karakoulia.
Another five people were bailed pending trial. A total of 83 suspects have been charged so far.
All three are accused of “directing a criminal organisation, money laundering and criminal activity, repeated fraud over and above the amount of 15 000 euros (R147 000).”
In addition, charges of “extortion by threat of harm, repeated, bribery and corruption in altering the results of matches and participation in illegal betting” were also brought.
According to law the trio can be held for a maximum period of 18 months before facing trial.
Doubts have now been cast over Olympiakos Volos' participation in the Europa League. The club is set to begin its campaign in the second qualifying round on July 14.
The Super League is set to hold a board meeting on Tuesday where fresh announcements are expected following public appeals made by Panos Bitsaxis, the general secretary for sport, Panathinaikos and AEK Athens for president Vangelis Marinakis to resign. - Reuters
Source: http://www.iol.co.za/club-boss-in-custody-for-match-fixing-1.1090139
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Brazil WC: Valcke wrong to raise alarm
Fifa secretary general Jerome Valcke’s scathing assessment of Brazil World Cup readiness has not been well-received in the country.
|||Brasilia – Fifa Secretary General Jerome Valcke was not completely wrong when he criticised Brazil's lack of preparations for the 2014 World Cup, but he did exaggerate the problems, said one of the organisers sternest home-based critics.
Valcke had on a visit to Moscow on Friday issued a scathing assessment of Brazil's 2014 World Cup preparations, saying the future hosts still lacked stadia, airports and transportation.
However, Rodrigo Prada, director of internet site copa2014.org.br which has been a fierce critic of the organisers, said that whilst there were problems they were not as serious as Valcke had claimed.
“Valcke is both right and wrong,” Prada told AFP.
“One cannot deny that there are delays on the building of the infrastructure, but one has to be more objective in ones analysis.
“The biggest problem is that the stadia are in the process of laying their foundations.
“It is difficult to explain to people that a stadium is in the process of being built when they see nothing. His analysis is biased.”
Prada conceded that there was no denying that work had started late, but added that part of the blame lay with Fifa.
“Brazil was chosen as hosts in 2007, and the whole package of work and investment was only put together in February this year.
“That delayed the works.
“However, Fifa have no-one in place to follow the pace of the work. So we don't know on what basis Valcke based his comments on.”
Prada said that Fifa had also played a part in work being delayed.
“We have witness accounts from architects who have filed complaints because Fifa presented up till last week new changes in the planning projects.
“These reforms have resulted in new delays.”
Valcke is not the first to raise the alarm over the slowness of the preparations, his boss Fifa president Sepp Blatter having complained over the tardiness in March.
The Brazilian minister of sport Orlando Silva had acknowledged there were problems with the stadiums in Natal (in the north east of the country) and Sao Paulo in the south east.
Brazilian president Dilma Rousseff Depuis had summoned on May 31 the mayors of the 12 cities due to host matches, the state governors and several government ministers to assess the situation.
Following that Rousseff, who assumed power on January 1, took on full responsibility for the preparation work.
She also appealed to the private sector to modernise and oversee three airports (Brasilia, Sao Paulo, Campinas).
Prior to her appeal the Brazilian Research Institute had claimed that 9 of the 13 airports due to be modernised before the World Cup would not be ready in time. – Sapa-AFP
Source: http://www.iol.co.za/brazil-wc-valcke-wrong-to-raise-alarm-1.1088672
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South Kordofan accord signed
The Sudanese government and the northern branch of the former rebel group SPLM have signed a deal to resolve their differences in the South Kordofan region.
|||Khartoum - The Sudanese government and the northern branch of the former rebel Sudan People's Liberation Movement (SPLM) signed a deal on Tuesday to resolve their differences in the embattled border state of South Kordofan.
Heavy fighting has raged in South Kordofan since June 5 between government forces and militia aligned to the ex-rebel army the SPLA.
“The issue of the ceasefire will be discussed (Wednesday). This agreement is a prelude to ending the hostilities... I hope it was signed in good faith,” Malik Agar, who heads the SPLM north and was one of the three signatories to the accord, told AFP.
The two other signatories were top presidential aide Nafie Ali Nafie and the chief African Union mediator Thabo Mbeki.
The framework agreement pledges to pave the way for comprehensive political and security arrangements in the so-called two areas of Blue Nile and South Kordofan state, which lie on the northern side of the border with south Sudan and are home to a large number of SPLM supporters.
The conflict in South Kordofan has dramatically escalated tensions between north and south prior to southern independence on July 9.
Although reliable casualty figures have been unobtainable because of heavy restrictions on the movement of UN agencies and NGOs, diplomats say the numbers could run into the hundreds.
The fighting erupted following a disputed election for the state governor, which the SPLM's candidate withdrew from alleging fraud, and after the army's insistence on disarming southern-aligned troops, thought to number around 40 000 in the two states.
The agreement stipulates that “any disarmament shall be done in accordance with agreed upon plans and without resorting to force”.
The SPLA from the two states are to be integrated into the northern army “over a period of time and with modalities to be agreed upon”, or demobilised.
It also envisages the immediate formation of a joint political committee to ensure that “the issue of governance in South Kordofan shall be discussed and resolved amicably within thirty days”.
Senior officials in Khartoum's ruling National Congress Party, which eventually won the South Kordofan election unopposed, have said the SPLM, as the ruling party of the south, should not be allowed to continue in the north in its present form.
Tuesday's agreement affirms the right of the SPLM north to continue as a legal political party.
It also extends beyond July 9 the incomplete “popular consultation process”, which gives the residents of Blue Nile and South Kordofan the chance to express publicly how well they believe the 2005 peace accord has been implemented.
The South Kordofan conflict, which has so far displaced more than 70 000 people, according to the United Nations, has shown no sign of abating in recent days.
Two air strikes on the rebel stronghold of Um Dorain took place at around 11am on Tuesday, according to sources there, with displaced civilians sheltering under trees to avoid being spotted from the air.
The beleaguered UN peacekeeping mission in Sudan (UNMIS), meanwhile, reported separate bomb attacks on other rebel strongholds earlier in the week.
“There were bombings heard in Kadugli this morning, not far from the UNMIS compound,” mission spokesperson Hua Jiang told reporters on Monday.
“In the past few days the attacks have been concentrated on Kauda and Julud. Julud was bombed yesterday,” she added.
Jiang also said that, due to movement restrictions imposed by the authorities, it was difficult for the peacekeeping mission to gauge the humanitarian situation in the area. - Sapa-AFP
Source: http://www.iol.co.za/south-kordofan-accord-signed-1.1090358
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Tuesday, June 28, 2011
Nani welcomes Young?s signing
Manchester United winger Nani has no plans to quit the English champions following the signing of Ashley Young.
|||Singapore – Manchester United winger Nani has no plans to quit the English champions following the signing of Ashley Young last week and told Reuters on Monday that he welcomed the competition for a place in the starting lineup at Old Trafford.
Nani, who did not start the Champions League final loss to Barcelona last month, had been linked with a move away from Old Trafford by British media reports but the Portuguese said he was looking forward to meeting his new team mate.
“Of course I have to welcome everyone they sign, I think Man Utd is a fantastic club. When they bring in new players, they know if it is good for the team or not, and this (Young signing) has to help them,” Nani said in the suite of his hotel in Singapore.
“It is good for the team, we want more (players) to help us to win trophies,” added Nani, who was in southeast Asia to help promote the Peter Lim Scholarship scheme for the Singapore Olympic Foundation.
The 24-year-old explained that his experiences competing with the world's most expensive player, Cristiano Ronaldo, for a place in the Portugal lineup and previously in the United first team meant he was not concerned by the prospect of reduced appearances following Young's arrival.
“I've been there (at United) when Cristiano was there, Cristiano was one of the best players in the world. At that moment (I had no) worries about him (taking my place),” Nani said of the player who joined Real Madrid in 2009. – Reuters
Source: http://www.iol.co.za/nani-welcomes-young-s-signing-1.1089491
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UN extends DRC mission ahead of polls
The United Nations Security Council has agreed to extend its peacekeeping mission in the Democratic Republic of Congo for a year as the country prepares for national elections.
|||New York - The United Nations Security Council on Tuesday decided to extend by one year its MONUSCO peacekeeping mission in the Democratic Republic of Congo, and to provide aid ahead of November's national elections.
The 15-member Security Council unanimously decided that MONUSCO- the United Nations Organisation Stabilisation Mission in the Democratic Republic of the Congo - “shall support the organisation and conduct of national, provincial and local elections, through the provision of technical and logistical support as requested by the Congolese authorities”.
Presidential and legislative elections in the DRC are scheduled for November, and President Joseph Kabila is expected to run for a second term.
The resolution stressed “that the successful holding of timely, inclusive, peaceful, credible and transparent elections, in accordance with the constitution and international standards, is a key condition for the consolidation of democracy, national reconciliation”.
In early June, DRC lawmakers approved a bill to hold November's elections in a single round - an idea opposition parties have rejected, saying it could undermine the legitimacy of the elected president.
MONUSCO's main mandate remains to protect the civilian population, in a country where armed groups and soldiers are blamed for widespread instability, attacks and mass rape.
On Friday, the UN High Commissioner for Refugees (UNHCR) said up to 170 people were recently raped between June 10-12 in Nyakiele and Abala in the eastern parts of the DRC.
In March, a report by UN experts denounced human rights violations in the DRC, concluding that “on a massive scale, women have been victimised by sexual violence in the context of the armed conflict that has plagued and in some parts of the country continues to plague the DRC”.
MONUSCO is one of the largest UN peacekeeping operations in the world with 20 000 uniformed personnel. - Sapa-AFP
Source: http://www.iol.co.za/un-extends-drc-mission-ahead-of-polls-1.1090364
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SA U23?s beat Zimbabwe
The South African Under-23 side beat Zimbabwe to gain an advantage in the first leg of their All Africa Games qualifier.
|||Bongani Ndulula struck in both halves to give the South African Under-23 team a 2-0 advantage after the first leg of their All Africa Games third-round qualifier against Zimbabwe in Daveyton on Saturday.
Ndulula scored in the 40th and 79th minutes to secure victory for the hosts in the final round of qualifying.
The return leg will be played in two weeks' time.
The All Africa Games will be held in Maputo, Mozambique in September. – Sapa
Source: http://www.iol.co.za/sa-u23-s-beat-zimbabwe-1.1088693
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Lower court bound by the decisions of a superior court (1)
In the Court of Appeal,
Ilorin Judicial Division
Holden at Ilorin,
On Friday, December 17, 2010, Before their Lordships:
Tijani Abdulahi, Justice, Court of Appeal;
Ignatius Igwe Agube, Justice, Court of Appeal;
Chima Centus Nweze, Justice, Court of Appeal;
Appeal No. CA/IL/8/2009
Between
Abdullahi Ibrahim (appellant)
and Inspector General of Police (respondent) and Others.
BY the doctrine of stare decision, subordinate courts are not permitted the indulgence of nibbling at the reasoning of superior courts, that is, courts which are higher than them in the judicial hierarchy. So held the Court of Appeal, holden at Ilorin, in a unanimous leading judgment delivered by his Lordship, C.C. Nweze, JCA, and his learned brothers, Tijani Abdullahi, Ignatius Igwe Agube, JJCA, concurring while allowing the appellant?s appeal. The parties were represented by the appellant in person and Y. Olarenwaju, Senior State Counsel, for the 2nd and 3rd respondents. The facts are as contained in the body of the judgment.
This is an appeal against the judgment of the Kwara State High Court, holden at Ilorin (Coram Elelu-Habeeb J.). In its judgment delivered on September 24, 2007, the court (hereinafter referred to as ?the lower court?) dismissed the appellant?s application on the ground that it was statute-barred having been instituted outside the three months stipulated by Section 2(a) of Public Officers Protection Act.
The appellant had commenced an action before the lower court seeking redress against the respondent for the violation of his rights to personal liberty; dignity of human person; presumption of innocence, among others, the substantive action was initiated through a motion on notice dated June 20, 2005. It must be observed here that the appellant, as claimant, initially beseeched the Federal High Court, Kwara State Division, for the said reliefs. By order of that court, the suit was transferred to the High Court of Kwara State, Ilorin Judicial Division.
The respondents greeted the substantive suit with a notice preliminary objection, which prayed for the following orders:
? The alleged act of the claimant/respondent complained (sic) what of (sic) happened between March 14 and 16, 2005;
? The suit was filed on April 5, 2006;
? The 12 months allowed for bringing such an action has elapsed;
? The respondents acted on the complaint lodged before its command by one Bayo Fatile of the Silver Training Group (STG) who is a necessary party to this suit;
? Failure to join the complaint as a necessary party makes the suit to be incompetent;
? The 2nd and 3rd respondents are public officers.
The appellant/claimant filed his reply to the preliminary objection.
The court took arguments on the preliminary objection. It dismissed the action of the claimant for being statute barred, page 64 of the record. It reasoned that since the second and third respondents were public officers, they ought to have been sued within the three months? period prescribed by the Public Officers Protection Law. Dissatisfied with the judgment, the appellant, by his notice of appeal dated October 15, 2007 and filed on October 19, 2007, appealed against be said judgment on the two grounds stated therein. He formulated the following issues for the determination of this appeal.
Issues for determination
? Whether the provisions of Public Officers? Protection Act apply to the Fundamental Rights proceedings by virtue of Order 1 Rule 3 (1) of the Fundamental Rights (Enforcement Procedure) Rules, 1979;
? Whether the provisions of Public Officers? Protection Act apply to the Fundamental Rights proceedings by virtue of Order 1 Rule 3 (1) of the Fundamental Rights (Enforcement Procedure) Rules, 1979; and
? Whether the hearing on the preliminary objection of the respondents before or without granting leave to the appellant to seek redress for the series of violations of his fundamental rights against the respondents is competent.
Without any further ado, we shall adopt the issues formulated by the appellants in the determination of this appeal. After all, it is his appeal.
Arguments on issue one
The appellant, who appeared in person, adopted his brief of arguments. He argued that the provisions of the Public Officers? Protection Act (hereinafter simply referred as the Act) pre-existed the Fundamental Rights (Enforcement Procedure) Rules 1979 (hereinafter simply referred to as the 1979 Rules) and were applicable to fundamental rights proceedings then. However, since the promulgation of the 1979 Rules of January of 1, 1980, the said Act ceased to apply to fundamental rights proceedings. The effect was that the first limb of Order 1 Rule 3 (1) of the 1979 Rules evolved its own express 12 months? period of limitation for the institution of suit.
The appellant contended that it was absurd for the trial judge to have interpreted the second limb of the same Order 1 Rule l3 (1) of 1979 Rules as reviving the three months? period of limitation under the Public Officers? Protection Act so as to render the earlier 12 months? period of limitation in the same Order 1 Rule 3(1) of FREP?79 ineffective.
He submitted that the only proper interpretation open to the trial judge was to interpret the first limb of Order 1 Rule 3(1) of the 1979 Rules in such a manner as to override the second limb of the same Order 1 Rule 3(1), which makes reference to ?any other enactment? which may include the Public Officers? Act which, in turn, stipulates a-three-month period of limitation. Abia State University and Ors vs Chima Anyaibe (1996) 3 NWLR (pt. 439) 646,661.
For the respondents, it was contended that the Act pre-existed the 1979 Rules. Thus, if the said Rules intended to abrogate the time prescribed by the Act, it would have done so expressly. Since this was not done, the obvious conclusion is that the time limits provided by the Act are still operative law. Counsel submitted that for a competently instituted action against any public officer, it must be commenced within three months. Any action instituted outside the prescribed period is incompetent because it is statute barred, citing Orders 1 Rules 3(1) of the 1979 Rules; Ibrahim V JSC (1998) 12 SCJN 255, 272.
Counsel observed that the second and third respondents are officers who come within the purview of Public Officers? Protection Law. It was submitted that the law applies to all civil matters, once the officers involved are performing their official duties, State vs Onagoruwa (1992) 2 NWLR (pt. 221) 33,55.
He explained that the duties of Police Officers, among other things, include arrest, detection of crime etc., citing Section 24 (1)(a) of the Police Act. Under the said section of the Police Act, the police shall be employed for the prevention and detection of crime; the apprehension of offenders; the preservation of law and orders; the protection of lives and property and the due enforcement of all laws and regulations with which they are directly charged.
Resolution of the issue
As noted at the outset, the judgment that prompted this appeal was delivered on September 24, 2007. Specifically, the reasoning of the lower court, which agitated the appellant can be found on pages 67-68 of the record. Listed to the court?s reasoning:
Order 1 Rule 3 (1) of the Fundamental Human (sic) Rights (Enforcement Procedure Rules) 1979 made mention of any period prescribed by any other enactment and public officers can only be sued within three months, failure of which such rights shall be deemed to have lapsed. In the originating summons, the Act complained of occurred between March 14 and 16, 2005 and this summons was filed on September 26, 2005? This shows clearly a period of about six months after the Act complained of occurred.
Even if the originating summons was filed on June 20, 2005, the action still falls outside the three months? period stipulated by Section 2(a) of the Public Officers? Protection Act. For the above reason, therefore, the originating summons in this case is statute-barred and this being so, this court lacks the jurisdictional competence to entertain same?
Wonders shall never end! This is a curious piece of reasoning which constitutes an embarrassment to the impregnable doctrine of state decision. The Supreme Court 2003 (that is four years before this judgment being appealed against) and this court in 1996 (that is 11 whole years before the said judgment) had resolved this question is such an admirable manner that admits of no ambivalence. In FRN vs Ifegwu (2003) 45 WRN 27, 69, the learned Senior Advocate for the respondent had contended very strenuously that it was the limitation period ordained in the Public Officers? Protection Act, which should be construed in determining whether an action seeking a remedy to enforce rights was statute-barred or not.
Uwaifo JSC, who read the leading judgment of the court, unequivocally stated thus: ?It would be argument carried too far to say that the Public Officers? Protection Act applied to bar a relief sought in connection within an error committed in purely judicial capacity. It does not. The remedy sought is to enforce a constitutional right contravened by a court acting judicially. The time within which to seek that remedy is not subject to the time prescribed by the (Act). There is no reason why it should. If it did, it would likely conflict with court rules.
In Abia State University and Ors vs Anyaibe (supra), one of the issues for determination was framed thus:
? Whether the trial judge was right holding that the 12 months? period prescribed by Order 1 Rule 3(1) of Fundamental Rights (Enforcement Procedure) Rules 1979 overrides the limitation period of three months within which a person can institute legal proceedings of 1978 (as amended) by Imo State University Edict No. 5 of 1991.
Katsina-Alu JCA (as he then was), who reads the leading judgment, proceeded thus:
Section 22(2) of the Edict provides that no suit shall be brought against the university unless it is commenced within three months from the day the cause of action arose. Order 1 Rule 3(1) of the Rules provides inter alia that an applicant must apply for leave within 12 months from the day the cause of action arose or within ?such other period as may be prescribed by any enactment.? The contention of the appellants is to the effect that this provision of the Rules recognises and protects Section 22(2) of the Edict. In other words, if the respondent herein commenced his action outside three months? period prescribed by the ?Edict, Order 1 Rule 3(1) of the rules cannot save the action.
In determining the proper construction to be given to the provision of Order 1 Rule 3 (1) 1 of the Rules and Section 22(2) of the said Edict, His Lordship opined that:
? an action under the fundamental rights (Enforcement Procedure) Rules, 1979 is a peculiar action. It is a special action. The procedure is provided by the Rules, which were made pursuant to Section 42(3) of the 1979l Constitution. For the court to have jurisdiction, the procedure specifically provided for must be strictly followed. As I have already stated earlier on in this judgment, the Rules have the same force of law as the Constitution itself. What this means is that the Rules override any other enactment envisaged by Order 1 Rule 3(1) of the Rules.
Appellant in person, Y. Olarenwaju, Senior State Counsel.
(To be continued)
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Monday, June 27, 2011
Opposition to Jonathan: You?re too slow - Senate gets ministers? list
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Somalia frees six foreigners
Somalia has pardoned six foreigners convicted of illegally carrying millions of dollars into the country with the intention of paying pirate ransoms.
|||Mogadishu - Somalia has pardoned six foreigners convicted of illegally carrying millions of dollars into the country with the intention of paying pirate ransoms, a government spokesperson and presidency officials said.
Somali authorities detained three Britons, an American and two Kenyans last month, impounding their two aircraft and $3.6-million in cash.
“Considering the humanitarian situation, the Somali President pardoned the six foreigners,” government spokesperson Abdirahman Osman Yarisow told Reuters on Sunday, adding that the ransom money the men were carrying would be kept.
The men left Mogadishu for Kenya's capital Nairobi aboard their two planes on Sunday afternoon, Yarisow said.
The Somali government says it is illegal to pay ransoms to the armed pirate gangs stalking the strategic sea-lanes linking Europe and Asia, but the practice remains common.
A Somali court had convicted the six of illegally taking money into the country, aiding and abetting piracy and undermining the integrity of the Somali state.
They were handed jail terms of up to 15 years and ordered to pay fines of up to $15 000.
The government spokesman and officials at the presidency said the men would be allowed to leave Somalia with the two planes, after paying fines for each aircraft.
“Because of their illegal arrival, the two planes were each fined $50 000. And the $3.6-million in cash has been taken by the government,” he said.
Maritime piracy costs the global economy up to $12-billion annually and has spawned numerous private security businesses offering armed protection for ships and ransom deliveries, which are often dropped onto hijacked ships from light aircraft.
The security consultancy firm that had contracted the men to carry the ransom money declined to comment. - Reuters
Source: http://www.iol.co.za/somalia-frees-six-foreigners-1.1088870
?How to use investigative journalism to enhance advertising reporting?
INVESTIGATIVE journalism is not mainly about unearthing the misdeeds and corrupt practices of public officer holders, but also helping to build the country as a good brand. The Advertising Practitioners Council of Nigeria (APCON), in fact has urged journalists in the country to always employ the power of investigative journalism to lift the coverage of marketing communication.
The regulatory body anchored its admonition in the strength of social responsibility functions that advertising is mandated to render in the society.
And unless journalists understand these statutory mandates, especially the role of the Advertising Standard Panel (ASP), their reportage and coverage of advertising environment may remain shallow.
At a one-day forum organised by the APCON for journalists covering advertising and marketing issues, participants were urged to always abide by the tenets of the profession with emphasis on the need for them to always balance their reports.
The forum frowned at the exposure of non-vetted and unapproved advertisements in the media because any misinformation arising from such unlawful exposures may be difficult to retract where damage had been done.
In his welcome address, the chairman of APCON, Lolu Akinwunmi, explained why the special forum was initiated to help journalists in their practice.
He said, ?Over the last few years, you have succeeded in creating a distinct identity for yourselves by specifically reporting on developments within the marketing communication segment of our economy. If today advertising and allied disciplines attract unprecedented attention, it is because of the commitment journalists and stakeholders in the industry over the last couple of years, and for this, APCON is appreciative. The more attention you draw to the profession, the more you inform and educate ordinary Nigerians and our stakeholders, the easier it will be for a body such as APCON to fulfill government expectation in the quality of the message that goes out daily to the consumer?.
Knowing that communication involves two groups: the sender and the receiver, APCON?s task at the forum was to ensure that the sender sends the right and correct message to the receiver.
?We are to ensure that messages are not misleading,? he added. ?This regulatory role makes us offer public service by ensuring that all upholds the basic principles of advertising. The implication is not only that ads must be legal, decent, honest, truthful and mindful of Nigeria?s culture and not impair public confidence in advertising, but those who practice it must do so in strict observance of its ethics and statutory provision, sincerely promoting international goodwill and cementing world comradeship?.
Hammering on the unfair influx of charlatans who see nothing beyond the quick money they can make in this economy, he said the task was to jointly insist on true partners from any part of the world, and not those who want to come in and supplant people.
In his words, ?Journalists have a big responsibility as our economy continues to grow. Your group is especially trained and empowered to support the communication industry, reporting truth and discouraging the publication or dissemination of falsehood. Again in the words of Williams, I believe that the brand of journalism, which succeeds best, and best deserves success fears God and honours man, is stoutly independent, unmoved by pride of opinion or greed of power, constructive, tolerant but never careless: self controlled, patient, always respectful of its reader but always unafraid, is quickly indignant at injustice, is unswayed by the appeal of privilege or the clamor of the mob; seeks to give every man a chance, and as far as law and honest wage and recognition of brotherhood can make it so, an equal chance; is profoundly patriotic while sincerely promoting international goodwill and cementing world comradeship; is journalism of humanity, of and for today?s world.?
Admonishing journalists on the practice of Advertising Standard Panel (ASP), it?s chairman Mr. Ade Akinde, said all adverts, no matter their kinds, are meant to be vetted by the panel.
Any that is not vetted, if found wanting, incurs the wrath of the countries involved. He said, ?Our line are open to complaints and we act immediately if any case is reported. But if they are critical, cases we refer them to the APIP that takes in depth look into the issue and proffer solution. There is the need for APCON to publish the names of registered members who are found liable by the APDC for the violation of the code and for professional misconduct?.
According to the chairman of APDC and president of AAAN, Funmi Onabolu, an enabling legal instrument Act 55 of 1988 was empowered to adjudicate infringements related to the advertising profession in case of unprofessional conduct, infamous conduct in a professional respect and fraudulent registration. It is made up of AAAN, ADVAN, MIPAN, OAAN, BON and NAPAN.
He stated that many stakeholders within the industry had come before this arm to answer cases that is to the best interest of the practitioner.
?It is charged with the duty of considering and determining any case referred to it by the APIP, a statutory panel established by the provision of the Act. It observes rules of evidence and procedure and has equivalent status of a High Court. It is thus apparent that disciplinary proceedings and quasi?criminal matters and the principles of fair hearing bind the committee?.
He added, ?If a respondent who appears before the APDC is found guilty, he will probably face any or some discipline ranging from caution, fine, reprimand and acquittal. In the event of imposition of a penalty, any appeal arising from there shall go to the Court of Appeal. The law further avers that ?no proceedings before the disciplinary committee shall be set aside by reason only of informality in those proceedings, which did not embarrass or prejudice the appellant. This is to say, when a verdict has been pronounced, it is binding on the respondent; should the respondent be aggrieved his only option is to file an appeal within specific time to the Court of Appeal?.
The registrar, Alhaji Bello Kankafofi, also stated that the secretariat was working with the police and LASSMA to carry out sanctions.
In a communiqu� at the one-day deliberation, the forum noted that media houses should demand for the Advertising Standards Panel?s Certificate of Approval from advertisers or advertising agencies before the exposure of advertisement materials. Where such certificate is not produced, the media house shall reject the advertisement and write APCON/ASP in confidence to enhance effective monitoring should another media house publish, transmit or display the rejected advertisement without ASP approval.
The forum noted that the level of compliance with the Nigeria Code of Advertising Practice and Sales Promotion has improved considerably, but APCON should double its efforts in this regard. Participants commended the ASP for improving the time of vetting process in respect to the provision of 12 hours and 48 hours of accelerated vetting respectively to meet the demands of urgent advertisement campaigns. It further stated that APCON should improve and publicise the benefits of being registered member of APCON in order to enhance membership drive; journalist should be acquainted with the process of vetting of advertisements, and sanctions of violators to enhance their understanding of the functions of the ASP, APIP and APDC.
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Gunners reject Barca offer for Fabregas
Arsenal turned down a bid from Barcelona for captain Cesc Fabregas, according to media reports.
|||London – Arsenal turned down a bid from Barcelona for captain Cesc Fabregas, according to media reports on Friday.
According to the Sun and the Telegraph, the London club rejected a 27-million-pound (43.2-million-dollar) offer out of hand.
Barca's move is not unexpected, after they had a bid for the midfielder rejected last summer.
“(Manager Pep) Guardiola knows the values of players and Cesc's is less than 40 (million) euros (57 million dolars),” Barcelona president Sandro Rosell said.
“Barcelona will offer less and, if they don't accept, then he won't come.” – Sapa-dpa
Source: http://www.iol.co.za/gunners-reject-barca-offer-for-fabregas-1.1088383
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