Legal entity

VSlaim: A social media user claims that the Nigerian government has started registering all inmates in Nigeria’s prisons for the upcoming general election and that all prisoners are required to register to obtain ID cards for them. elections, including those on death row.

Verdict: The results show that the Independent National Electoral Commission (INEC), which is the only legal entity empowered to register Nigerian voters, does not capture detainees in the country’s prisons. Therefore, the claim is false.

Full Text

On September 21, 2021, a Twitter user with the handle @ stancity44 posted two photos of what appeared to be Nigerian detainees to Twitter. While the first photo shows a group of men, some shirtless seated together, the second photo shows what appear to be prison inmates lined up in green uniforms as correctional staff stood by.

The image, along with a text, read: “Breaking News! The Nigerian government has finally started registering all detainees in the Nigerian penitentiary or prison for the upcoming elections. Prisoners are forced to register to get an ID card for the election, even those on death row. With over 4,000 followers, @ stancity44, who joined Twitter in April 2020, is a strong advocate for the Indigenous Peoples of Biafra (IPOB) and shares numerous pro-IPOB messages on his account. This tweet was retweeted 44 times and liked 26 times.

Do Nigerian prisoners have the right to vote?

In 2018, a sitting appeals court in Benin upheld a 2014 judgment of a Federal High Court which granted prisoners the right to vote in elections in Nigeria. The appeals court further ordered the Independent National Electoral Commission (INEC) to register all prisoners on the electoral roll.

The ruling was granted in favor of the prayers of five detainees requesting an order requiring INEC to provide for the registration of all prisoners in Nigeria on the voters list and full opportunity for them to vote in the 2019 elections. , Judge S. Oseji who delivered the judgment did not order INEC to contact the Nigeria Prisons Service to provide polling stations inside the country’s prisons, as requested by the appellants. .

Verification

This journalist contacted the Independent National Electoral Commission (INEC) which, according to Article 10 (1) of the Election Law of 2010, is the legal entity supported by law to register all persons qualified to be registered on the lists. election. When contacted, Mr. Rotimi Oyekanmi, the Chief Press Officer (CPS) of INEC President Prof. Mahmood Yakubu, said INEC does not capture detainees for continuous recording. of voters (CVR). “To this day (September 22, 2021), I am also unaware of a commission decision to do so before the 2023 general election,” Oyekanmi said.

Dubawa also contacted sources from Nigerian Corrections and found that authorities were in fact registering detainees for the National Identification Number (NIN). There was, however, no mention of an ongoing voter registration at the correctional facility.

Corrections Comptroller Public Relations Officer Francis Enobore did not answer multiple calls on his phone when contacted or respond to a text message on the matter. However, Kaduna Correctional Center PRO Daniel Wadai said there was no official communication to register inmates in the state and therefore was not aware of any such claim.

Dubawa noted that the images used to accompany the text are popular online images that have been used repeatedly by Nigerian media organizations and bloggers to depict the condition of detainees or to accompany stories about detainees in the country. Using Yandex reverse image search, it was revealed that the photo of the shirtless inmates first appeared online in 2013 in a story describing the condition of inmates in Nigeria. The second photo is credited to the Daily Trust newspapers and it is a photo of 19 of the 28 original suspects on trial for the alleged murder of retired Major-General Idris Alkali in 2018. The photo was taken while the suspects were driven to a prison vehicle after their case was heard by the Plateau State High Court in Jos.

Conclusion

According to information gathered from INEC and the Nigerian Correctional Service, detainees are currently not being registered to vote for the next general elections scheduled for 2023.

The researcher produced this fact-check as part of the Dubawa Fellowship 2020 in partnership with the Daily Trust newspapers to facilitate the ethics of truth in journalism and improve media literacy in the country.

In an in-depth webinar with me last month, Chas Freeman, former US Ambassador and lead interpreter for Richard Nixon’s visit to China in 1972, put the cases of Meng Wanzhou and the “Two Michaels” in a clear context.

The United States, aided by Canada, took Meng hostage primarily as part of its trade and technology war with China; Beijing quickly retaliated by jailing Canadian citizens Michael Kovrig and Michael Spavor. On Friday, in a dramatic unfolding of events that could have stemmed from a Hollywood movie script, Meng and the two Michaels were released simultaneously and returned to their respective countries of origin.

The detention of Meng by Canadian authorities in connection with a US extradition request in December 2018, and the imprisonment of Kovrig and Spavor by China soon after, not only worsened tensions between Washington and Beijing. It also sent the Canada-China relationship to its lowest point in history.

As I wrote immediately after Meng’s arrest, it was shocking and unprecedented for the United States to roll out criminal proceedings personally targeting a senior Chinese business executive, instead of suing the company through civil litigation as had previously been the case under the Ministry of Commerce. Former President Donald Trump openly politicized the affair by declaring that Meng was a trade bargaining chip with China.

Since the extradition process began in the spring of 2019, new evidence has shown the US case against Meng to be weak at best. It’s no surprise that the Justice Department contacted Meng last November to potentially drop the charges, provided she pleads guilty. It was firmly rejected. Now the DOJ has agreed that Meng can plead not guilty to all of the charges – while also accepting the facts that she has distorted Huawei’s relationship with its subsidiary Skycom, as well as violating U.S. sanctions against Iran in one. “Deferred prosecution agreement”. The DOJ will drop all charges against her later next year if she meets the DPA’s terms.

This is a legal compromise allowing both sides to declare victory: Meng’s not guilty plea may demonstrate that the United States may not be able to convict her in a trial, while the United States can use Meng’s acknowledged wrongdoing to potentially sue Huawei as a corporation. Ironically, this arrangement returns the United States to its traditional behavior of suing the corporation for any violation of relevant U.S. laws, rather than targeting individuals. Diplomatically, the Biden administration ticked one item off Beijing’s list of preconditions for improving bilateral ties, potentially paving the way for a summit between President Biden and Chinese President Xi Jinping.

As Canada and China welcome their own citizens to their homes with an outpouring of emotion and support, we must ask tough questions. Should Ottawa have arrested Meng in the first place? Why did this final forfeit take so long if a “hostage exchange” was the result? Why has the Canadian government decided to depend on Washington to strike a deal with Beijing instead of asking the Minister of Justice to stop the judicial process, as required by the extradition process, when Trump has openly politicized the case?

In any case, the Canadian government should be relieved that its approach of relying on Washington to resolve the crisis has finally worked, and that there will be no more court proceedings and endless appeals following the judge’s verdict. He should also be relieved that Justice Minister David Lametti did not need to make a decision, even though he (or Jody Wilson-Raybould before him) could have ended the process at any time under the treaty. extradition. Ottawa will welcome the US move and claim victory as its insistence on the rule of law and non-interference in the legal process has prevailed.

Sadly, after the two Michael’s move into their home, Chinese hawks will certainly begin to lash out at the Trudeau cabinet for working with the Biden administration to encourage China’s “hostage diplomacy”. The Canadian public and policymakers also face the challenge of restoring relations with Beijing. Should we continue with confrontation, decoupling and hostility, or should we seek to reestablish relations with China based on the lessons we have learned?

While pursuing her Masters of Fine Arts at Iowa State, McCracken taught at the Osher Lifelong Learning Institute (OLLI) as part of her program.

“This is where I found this basement of people who really want to write. They don’t necessarily have the world’s greatest aspirations, but writing is important to them. Many want to write stories for their grandchildren, ”she said. “So I decided to design a writing center. “

This idea of ​​a writing center became the Ames Writers Collective, “which is aimed at students of non-traditional writing,” McCracken said. “I am an example of a non-traditional writer. I have studied with successful authors and writers across the country outside of academia.

“Ames needs a place like AWC. A place to write just because someone wants to write, or a place to go to learn to write and set goals. A place to be exhibited.

Earlier this month, the Ames Writers Collective became a legal entity with an application for nonprofit status.

The collective is also an opportunity for writers to come together and support each other, she said, and a place for published authors and writing teachers to offer their expertise.

The mission of the Ames Writers Collective is to bring together “writers and readers of diverse ages and cultural backgrounds to celebrate the essential art of the written and spoken word,” McCracken explained in an email. “Talented and engaged writers and authors teach and empower people of all skill levels to bring their stories to life. We encourage conversation across cultural divisions, building and uplifting communities through the art of storytelling while advancing the literary arts in Ames, Iowa.

McCracken herself is a published author whose work has appeared in the California Writers Club Literary Review, the anthologies “Nothing But The Truth So Help Me God – 51 Women Reveal the Power of Positive Female Connection” and “Chicken Soup for the Soul – The Joy by adoption.

His poetry was presented at Telepoem Booth Iowa.

While living in Hawaii, McCracken was a columnist and editor for Maui Vision magazine, and her essays and articles have appeared in various San Francisco Bay Area publications.

Also a photo essayist, McCracken has a deep appreciation for visual art, and an event she had planned to launch the Ames Writers Collective, the Words Meet Art event, is one indication of that.

The evening’s program will feature readings from 10 writers who have been selected from a pool of over 20 nominations.

Forty-eight hours before the program, McCracken will send each of the 10 selected writers a different image of the artwork from the current Octagon exhibit. Each participant will write something based on the image they receive and read their work.

The authors selected for the event are Tina Bakehouse, Andrea Dorn, Leslie Kim, David Lee, A’Ja Lyons, Elaine Mattingly, Donna Moyer, Jane Robinette, Alisha Sauer and kat blue.

The event is the first for the Ames Writers Collective. For the Octagon, this is the last event in its series of Image & Text exhibitions.

“Several of our board members and I will be making the official community announcement,” said McCracken.

September 27 (Reuters) – Here are some upcoming events of interest to the M&A legal community.

Monday September 27

9:30 a.m. – The United States Securities and Exchange Commission will hold a meeting of the Asset Management Advisory Committee to discuss potential recommendations from the Private Investment Subcommittee and issues relating to the evolution of advice and sub- small advisers and small funds committees. For more information, click here.

12:00 p.m. – A group of McGuireWoods lawyers will share the latest key developments affecting in-house lawyers as part of the American Bar Association’s monthly update for corporate lawyers. The meeting will be moderated by Sanford Pastroff, senior counsel for Whirlpool Corp. The speakers are Casey Lucier, Wrede Smith, Joshua Wade and Sarah Zielinski. For more information, click here.

Tuesday September 28

10:00 am – Luxury furniture retailer ABC Carpet & Home will seek approval of its sales procedures with the aim of finalizing the sale of its assets by the end of October. The company has lined up a main offer of $ 15.3 million from an entity controlled by Regal Investments.

The case is In re ABC Carpet Co. Inc., US Bankruptcy Court, Southern District of New York, No. 21-11591. For ABC: Oscar Pinkas of Greenberg Traurig.

Do you know of an event that could be included in Week Ahead in M&A? Contact Sierra Jackson at [email protected]

The Federal Supreme Court (STF) formed a majority in its virtual plenary session to declare unconstitutional the imposition of the IRPJ and the CSLL on the amounts relating to the tax rate collected as a result of repeated payments of taxes not overdue. The rapporteur of the file was heard by Minister Dias Toffoli, who was to be followed by ministers Ricardo Lewandowski, Carmen Lucia, Alexandre de Moraes, Edson Fachin, Luis Roberto from the start of Thursday evening (23/9). Barroso and Rose Webber.

Minister Gilmar Mendes submitted a dissenting vote, realizing the order was unconstitutional and should be tried by the Supreme Court of Justice (STJ). However, he states in his statement that if other ministers By maintaining an understanding of the decision, he will also be against the prosecution.

The issue in the judgment is an appeal in which the occurrence of an income tax in excess of the specified rate levied by the taxpayer (legal person) is discussed in the return of unpaid taxes (recurring unpaid payments). In extraordinary appeal (RE) 1 063 187, the Federation appealed against the decision of the Federal Regional Court of District 4 (TRF-4) in favor of a foundry located in Blumenau (SC).

Since 1996, the Selic has been the only monetary and interest correction indicator applicable to the payment of tax debts. The TRF-4, in a decision on the exception of unconstitutionality at the Special Court, recognized that income tax cannot be levied on default interest, given the nature of the compensation, nor on monetary correction, since it is not an increase in equity. The same understanding of income tax has also been extended to include social contribution on net income (CSLL).

The union argues that the constitution does not provide a defined concept of profit and that its content must be taken from legislation under the constitution, which provides for taxation. According to the appeal, the part of the default interest is in the nature of a loss of profit and is therefore taxable. Since the asset is taxable, the cash correction will also be taxable, depending on the rule that the accessory follows the asset.

Toffoli, in his vote, argues that “default interest is outside the scope of income tax and CSLL, as it is primarily aimed at recovering actual losses, decreases, and does no allusion to an increase in the creditor’s equity ”.

Expert opinion

In the opinion of the lawyer Maria Daniel Toledo, The partner in tax litigation at the law firm Lira Advogados maintained logical consistency in recognizing Selic’s claim as reimbursement for an economic loss resulting from a delay in her recovery, which she had unduly or overpaid. .

He declared: “Thus, the subject distinguishes the damages resulting from a loss of profit, and provides the best economic and fiscal interpretation of legal certainty and especially of the guarantee of recovery in the broad sense of the taxpayer, who is effectively injured by excessive taxes.

According to her, it remains to be seen whether there will be an adjustment of the effects in favor of the national treasury, especially since after having judged the request for clarification aimed at excluding the ICMS from the basis for calculating the Pis and Cofins, the amounts to be repeated by the taxpayer represented a significant amount, which was certainly within the tax expectations of the IRPJ and CSL.

According to the lawyer Julia Ferreira Cosi Barbosa, from the tax office of Finocchio & Ustra, “To the taxpayer’s surprise, most ministers voted in favor of the non-taxation of SELIC by the IRPJ and the CSLL, as it did not correspond to the concept of income in due to the nature of the compensation.

It considers that, given the recent tax rulings of the Court, the repeal of these taxes represents a major victory for taxpayers, in particular when it comes to recovering large sums paid unnecessarily due to the exclusion of tax. ICMS of PIS and COFINS, and immensity. The amounts are already taxable with this refund.

“The understanding is consistent and appropriate for the interpretation of the Federal Constitution, because the SELIC rate is compensation that a taxpayer receives for something already improperly collected, and therefore his taxes are unreasonable,” he said. -he declares.

“The rapporteur explained, without leaving any doubt, that the STF has a precedent in that the hypothetical interest paid due to the delay in the payment of civil servants’ salaries is not an increase in equity, but simply a replenishment of own funds. The same reasoning applies to the response of the entities.In addition, in a detailed study, the rapporteur explained that Selic is the combination of monetary correction and interest on arrears. The correction will only cancel out the inflationary effect. Default interest, in turn, will repair the damage caused by the deprivation of the resource. These will be non-taxable indemnities. Finally, the decision clarifies all the economic damage suffered by companies when the return of their capital by public entities is delayed. It’s a very strong vote, ”said the tax prosecutor. brino kingma, from the Vieira Rezende office.

Click on here To read Dias Toffoli’s vote

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