Tag: exercise

  • Presidential Order Not Enforceable Without Legal Backing! By Femi Falana

    Presidential Order Not Enforceable Without Legal Backing! By Femi Falana

    Presidential Order Not Enforceable Without Legal Backing! By Femi Falana 1

    Presidential Order Not Enforceable Without Legal Backing! By Femi Falana 2


    Following the national broadcast of President Muhammadu Buhari on the COVID-19 pandemic on Sunday, some lawyers have questioned the constitutional validity of the restriction of locomotion of people in Abuja, Lagos and Ogun states. No doubt, the President is empowered to adopt any measures deemed fit to combat the dangerous disease but such measures have to be spelt out in a Regulation made pursuant to section 305 of the constitution or under the Quarantine Act. Otherwise the presidential order on restriction of movement in the affected areas cannot be enforced by the police. 

    Even though civil rule was restored in the country 21 years ago the psyche of the political class has not been demilitarised. Hence, decisions taken by rulers are required to be obeyed “with immediate effect” without any legal backing. But in Okafor v Governor of Lagos State (2016) LPELR-41066 (CA) the Court of Appeal called on all authorities to appreciate the need to govern the country under the rule of law. Thus, the directive of the Governor of Lagos State restricting the movement of citizens and residents during the state’s monthly environmental sanitation exercise was struck down because of its unconstitutionality. It was the unanimous view of their lordships that the arrest of appellant for flouting the order or directive of the governor was completely  illegal. According to Georgewill , J.C.A. 

    “It is my view, that democracy thrives more on obeying and promoting the rule of law rather than the whims and caprices of the leaders against the lead. I find the conduct of the Respondent in not only persecuting the Appellant, yes that is what in my view it amounts to when a free citizen of this great country such as Citizen Faith Okafor, is put through the rigours of criminal process for an offence not prescribed in any written law but merely on the directive of the governor of the Lagos State. An action which if allowed to thrive in a democracy such as ours could confer on such office holders infinite, absolute and autocratic powers contrary to the clear provisions of the constitution of the land, to which both the leaders and the led are subject. I  refuse to allow such autocratic, absolute and infinite powers to fester upon our nascent democracy.”

    Lawyers who are saying that the law should  be completely relegated to the background in combating the coronavirus pandemic reminds me of the dissenting judgment of Lord Atkins in the case of Liversidge v Anderson 1944 UKHL 1. While accusing his learned brethren of being “more executive minded than the executive”,  his Lordship said inter alia:

    “In England, amidst the clash of arms, the laws are not silent. They may be changed, but they speak the same language in war as in peace. It has always been one of the pillars of freedom, one of the principles of liberty for which on recent authority we are now fighting, that the judges are no respecters of persons, and stand between the subject and any attempted encroachments on his liberty by the executive, alert to see that any coercive action is justified in law.”

    However. while the nation’s armed forces should be commended for making their medical facilities available to members of the public in the fight against the highly dangerous virus the plan to dispatch armed soldiers to the streets to enforce the COVID-19 guidelines should be shelved because it is  illegal. For the umpteenth time, I am compelled to draw the attention of the military authorities to the case of Yussuf v Obasanjo (2005) 18 NWLR (Pt ) where Salami JCA (as he then was) held that “It is up to the police to protect our nascent democracy and not the military, otherwise the democracy might be wittingly or unwittingly militarized. This is not what the citizenry bargained for in wrestling power from the military in 1999. Conscious steps should be taken to civilianise the polity and thereby ensure the survival of and sustainance of democracy.”

    In the same vein, in the celebrated case of All Progressive Congress v Peoples Democratic Party (2015) LPELR 24349  Aboki JCA held that the President lacks the power to call on the Armed Forces to restore law and order in any part of the federation without the approval of the National Assembly as provided in sections 217(2) and 218(4) of the constitution as amended. His Lordship reminded the Federal Government of its legal obligation  “to confine the military to their demanding assignments especially in these trying times of insurgencies and encroachment into the country’s territories…”

    Finally, just last week the satanic Boko Haram force was reported to have massacred 47 Nigerian troops and 92  Chadian soldiers in two separate attacks. In view of such enormous challenge our patriotic armed forces should concentrate efforts on the counter insurgency operations being carried out in the north east region while  the police and allied security agencies are allowed to enforce the COVID-19 regulations and guidelines.

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  • Simpang Renggam sample gathering task possibly over within 10 days: MOH

    Simpang Renggam sample gathering task possibly over within 10 days: MOH

    Simpang Renggam sample gathering task possibly over within 10 days: MOH 3

    PUTRAJAYA: The Ministry of Health (MOH) expects to gather all samples from the two Covid-19 affected areas in Simpang Renggam, Johor now under the Enhanced Movement Control Order (EMCO) within 10 days.

    Health director-general Datuk Dr Noor Hisham Abdullah (pix) said MOH was now collecting an average of 300 samples daily, especially from the targetted high-risk group.

    “There are 3,000 residents in both the villages, so we expect to complete the task within 10 days.

    “The (ministry) team has been going house to house to make sure we detect the targetted high-risk group. We will conduct sample testing on this group even if they do not show symptoms,” he said at the daily media briefing on Covid-19, here today.

    Dr Noor Hisham was responding to questions on developments with regard to the sample-gathering exercise in Kampung Dato’ Ibrahim Majid and Bandar Baharu Dato’ Ibrahim in Simpang Renggam that commenced last Friday.

    In another development, Dr Noor Hisham said to date, a total of 18,271 Covid-19 screenings had been done on the Sri Petaling mosque tabligh cluster.

    “Of these, 14,111 samples were taken, with 1,290 testing positive, 8,083 negative while results of another 4,738 are pending.

    The MOH has also advised that any distribution of food items by non-governmental organisations (NGO) must adhere to regulations and standard operating procedures of the National Security Council (MKN) as such matters were not under the MOH’s purview.

    “We have to comply as right now, the Movement Control Order (MCO) is in force, so there are risks for the NGOs when they are on the ground, especially when there is close contact.”

    “Their actions are well-intended but the MCO must be enforced strictly,” Dr Noor Hisham said when replying to questions on guidelines that should be taken by NGOs when distributing food items to frontliners. – Bernama

    Simpang Renggam sample gathering task possibly over within 10 days: MOH
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  • Disinfection exercise conducted at Johor Covid-19 red zone areas

    Disinfection exercise conducted at Johor Covid-19 red zone areas

    Disinfection exercise conducted at Johor Covid-19 red zone areas 4

    JOHOR BARU: The Johor Fire and Rescue Department (JBPM) today conducted disinfection operations at two red zone areas namely Kampung Sinaran Baru, Kempas, near here, and Kampung Dato’ Ibrahim Majid in Simpang Renggam, near Kluang.

    Its director Datuk Yahaya Madis said various agencies including 27 police personnel, 22 People’s Volunteer Corps (Rela) volunteers, 10 Solid Waste and Public Cleansing Management Corporation (SWCorp) employees and 35 SWM Enviroment staff participated in the exercise.

    According to him, the disinfectants were sprayed on the village lanes using vehicles, adding that the vehicles did not enter the premises area.

    “The disinfectant spraying was carried out by SWCorp and SWM Enviroment while JBPM was tasked with the decontamination process. PDRM and Rela took care of security control,“ he said when met after the operation at Kampung Sinaran Baru, here today.

    “I hope the villagers will cooperate and will not go out (during the Movement Control Order). Stay away from the prohibited areas. We will make sure the areas where they get their essentials goods are safe and sanitized,“ he said.

    He added that the areas to be disinfected were selected based on needs and information received from the district officers and district health offices.

    Both villages had recorded relatively high number of Covid-19 infection cases. – Bernama

    Disinfection exercise conducted at Johor Covid-19 red zone areas
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  • Coronavirus: Kwara Group Calls For Palliatives For Poor Residents

    Coronavirus: Kwara Group Calls For Palliatives For Poor Residents

    Coronavirus: Kwara Group Calls For Palliatives For Poor Residents 5

    Coronavirus: Kwara Group Calls For Palliatives For Poor Residents 6


     

    Elites Network for Sustainable Development, a Kwara-based civil society organisation, has urged Kwara State governor, Abdulrahman Abdulrasaq, to provide palliatives for poor people in the state.

    The government has ordered residents to stay at home as part of efforts in curbing the spread of the pandemic in the country.

    ENetSuD, in a letter jointly signed by its Coordinator, Dr Alagbonsi Abdullateef; and Secretary, Mahmud Usman Baba; noted that notwithstanding the laudable lockdown order, majority of Kwarans in the informal sector would be severely affected.

    ENetSuD said the government should consider and approve the spending of one-month Internally Generated Revenue of the state for the provision of food items to people in the informal sector across Kwara.

    It said, “Most of the people in this sector possibly cannot feed themselves and their family members without accessing their shops and rendering their daily services.

    “The latest statement from the State Technical Committee on COVID-19 dated 27th March 2020 that the KWSG is considering palliatives for the poorest of the poor at this critical COVID-19 pandemic period.

    “Thus, ENetSuD further suggested the following possible ways the government may wish to consider for the implementation of the proposed palliative measures: the measures should be mainly foodstuffs and agricultural items that will serve the purpose of feeding, but not hand-sanitisers or face masks.

    “This is based on the fact that the lockdown order has already significantly prevented physical contacts of people as they are now unavoidably staying at home, and all households can efficiently practice hand washing with soap.

    “The measures should only be for Kwara residents in the informal sector who are the most affected by this pandemic-induced lockdown.”

    ENetSuD added that the measures should exclude the civil servants in the formal sector since the government had graciously continued to pay their salaries even during the period, which would remove hardship.

    It also suggested that the government works with artisans, market and community associations to altruistically identify their members with a genuine need for the palliative, adding that the process should be transparent to the public.

    It added, “We urge the government to strictly supervise the exercise collaboratively so that the impact could be truly felt by the people really in need of the measures.

    “Distribution of items of this nature is best done by independent bodies, especially reputable nongovernmental organisations.”

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  • Supreme Court To Announce Date For Review Of Zamfara Judgment

    Supreme Court To Announce Date For Review Of Zamfara Judgment

    Supreme Court To Announce Date For Review Of Zamfara Judgment 8

    Supreme Court To Announce Date For Review Of Zamfara Judgment 9


     

    The Supreme Court in Abuja on Tuesday reserved ruling on the All Progressives Congress’ application for the review of its judgment nullifying the party’s victories in the general elections held in 2019 in Zamfara State, a report by PUNCH said.

    A five-man panel of the apex court led by the Chief Justice of Nigeria, Justice Tanko Muhammad, said the date of the ruling would be communicated to the parties.

    The CJN made the announcement after the parties to the case concluded their submissions on the application on Tuesday.

    The APC and the faction of the party in Zamfara State led by former Governor Abdulaziz Yari had filed the application for the review of the May 24, 2019 judgment, which nullified their victories at the general elections barely four days to their inauguration.

    In the said May 24, 2019 judgment, the Supreme Court had declared that APC failed to conduct valid primaries and, therefore, had no candidates in the 2019 general elections.

    The apex court had declared the votes polled by the APC in the elections as wasted.

    The Peoples Democratic Party and its candidates, who polled the next highest votes in the elections, were declared winners of the exercise and eventually inaugurated.

    The APC’s application for the review of the May 24, 2019 judgment was opposed by the Senator Kabiru Marafa-led faction of the party in the state.

    APC’s lawyer, Chief Robert Clarke (SAN), on Tuesday urged the court to grant his clients’ application by setting aside the consequential order directing that candidates with the next highest votes be sworn in.

    He urged the apex court to order the APC to conduct fresh primaries.

    He argued that the previous orders of the apex court were made without jurisdiction.

    But the Marafa faction’s lawyer, Chief Mike Ozekhome (SAN), urged the apex court to dismiss the application and award huge and punitive costs against the applicants’ lawyer.

     

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  • Police will take subtle approach in enforcing movement control order (Updated)

    Police will take subtle approach in enforcing movement control order (Updated)

    Police will take subtle approach in enforcing movement control order (Updated) 10

    KUALA LUMPUR: The authorities will take a soft approach in enforcing the restriction of movement nationwide to allow Malaysians to adapt to the changes in their daily routine.

    Inspector-General of Police Tan Sri Abdul Hamid Bador said today that while there are provisions under the Penal Code which empower police to act on those who defy orders and isolation rules, police would take a subtle approach in the early stages of the exercise.

    He said in the two-week restriction of movement, police hope the people will play their role in strictly observing the law by self-imposing isolation without the need of police enforcement.

    “This is not a curfew. It is just a move to control movement. If the laws are not being adhered to then we will first advise, then warn and finally action will be taken. We hope everyone will cooperate or else the whole purpose of this exercise will be defeated,” he said at a press conference at Bukit Aman, after attending a high-powered meeting in Putrajaya with the National Security Council, military and other agencies.

    Abdul Hamid said those who plan interstate travel are required to notify the nearest police station of the purpose of their journey.

    He said the traveller will need to have a valid and urgent purpose of making such a trip before police consider issuing an approval letter.

    “This is to limit movement of people and to contain the spread of the virus. Please be responsible and not selfish. If there is no urgent need to travel then stay indoors. We seek your understanding in these difficult times. Do not make unnecessary travel or take family holidays.”

    Abdul Hamid said random checks will be conducted by police on motorists travelling from state to state to ascertain if they had obtained the necessary travel permit from police.

    Abdul Hamid said interstate travel would only be allowed for :

    – the demise of a close family member

    – the ill-health of a family member

    – medical treatment for one’s self or family member

    He said those who wish to seek approval for the travel for other reasons may discuss the matter with the officer-in-charge of station (OCS).

    Those who fail to produce the travel document during police checks can face action under laws of the Prevention and Control of Infectious Diseases Act 1988 and Penal Code where the penalty is imprisonment up to two years or a fine or both.

    He added that traffic police counters for settling traffic summonses will be closed during the two-week period until March 31.

    He said those who intend to pay their fines urgently to renew their driving licence or road tax due to being blacklisted can do so online.

    Abdul Hamid said if they are unable to pay fines online, they can seek the assistance of the district police chief or his deputy in their respective areas.

    On another matter, Abdul Hamid said the police force is yet to have any positive cases of Covid-19.

    However, he said seven senior police officers, 34 junior officers, two civilian staff and 11 of their family members have been placed in self-quarantine after being suspected of exposure to the virus.

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  • Overweight and obese type 2 patients show improvements with structured nutrition therapy

    Overweight and obese type 2 patients show improvements with structured nutrition therapy

    Researchers at Joslin Diabetes Center have announced the results of a study that may change how nutrition therapy is delivered to overweight and obese patients with type 2 diabetes. The “Nutrition Pathway Study” compared three models of nutrition therapy and found that a highly structured nutrition plan provides the most significant impact on A1C, body weight and lipid profiles. The study results were presented at the American Diabetes Association’s 76th Scientific Sessions in New Orleans, Louisiana.

    Participants in the structured nutrition therapy arm of the study reduced A1C by an average of 0.67 percent and reduced body weight by an average of 3.5 Kg over 16 weeks. According to Osama Hamdy, M.D., Ph.D., Medical Director of the Obesity Clinical Program at Joslin Diabetes Center and lead investigator on the study, these results were achieved without increasing exercise, changing medications or undertaking behavioral changes.

    “This drop in A1C due to nutrition therapy alone is much better than what we have been able to achieve with many of the current medications for type 2 diabetes ,” said Dr. Hamdy. “This is very encouraging since participants in the study have lived with type 2 diabetes for more than 10 years and were not able to control their blood glucose or weight with multiple medications.”

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  • Effective Restaurant Training Techniques: Jump-Start Your Training Program Today

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    I have seen different types of training techniques for restaurant staff. Some restaurants send new hires to their corporate training school; others hire experienced staff thinking they already know how to work that position. I think all new staff members should receive quality training regardless of previous experience.

    Each role in a restaurant is important for the restaurant’s success!

    Management must be able to work in every position. Their knowledge of each job is vital. Managers must step into those other roles to maintain customer service. Some reasons could be if there is a call-out, or if the sales are higher than projected.

    If people tell you that managing a restaurant is easy, they are dead wrong. In-fact it is the most difficult position in the restaurant. Running a restaurant is challenging; management needs to be able to multitask, give direction, and follow-up on that direction. Managers must be able to retain large amounts of information and make quick decisions and be ready to step into any position.

    Managers are not born to run a restaurant; they are developed into that position. The same goes for the rest of the staff. Train the management staff, then the trainers. Management will oversee the trainers as they train the rest of the staff.

    The most effective restaurant training techniques are:

    • Show-Do-Review: The trainer shows the staff member how to do the task. Then the trainer observes the trainee actually doing the task. After completion, they review the task together and the trainer gives feedback to the new hire. The Show-Do-Review technique is especially effective in learning recipes, kitchen duties, cleaning tasks, or service tasks.
    • The Memory Game: Once the new hire has some understanding of their new job, the trainer shadows the staff member and helps the new hire remember different key components of the job. Periodically the trainer will ask the trainee a question. If the trainee does not answer the question correctly, then the trainer will provide the answer. The trainer will continually repeat the question all throughout the day or night until the trainee answers it correctly. The purpose of the exercise is getting the staff member to retain the information. The Memory Game can be used to remember important food time and temperature, menu and recipe knowledge, service steps, or even manager responsibilities.
    • Role-Playing: Role-playing is one of the most effective training techniques to use in creating top-notch performers. Existing staff members and new hires experience real life situations and “learn by doing”. The trainees will experience “real life” situations in a simulated and controlled environment. This technique allows the trainer to evaluate the trainee’s strengths and areas to improve. This also helps to develop an action plan so that the trainee can overcome any obstacles to their success. “Practice make perfect.” This technique allows the employees to see different perspectives, build confidence, and form good habits. The trainer will observe the role-playing and my correct the staff members periodically to ensure they on the right path. Role-playing is a great technique for service staff and managers to learn the proper way to handle customer questions or complaints, how to approach a table, and the steps of service.
    • Shadowing: The trainee shadows the trainer, and the trainer shows the trainee the correct procedures in completing the assigned task. The trainer should ask open-ended questions in reference to the task. Once the trainee is more comfortable, then the trainer will shadow the employee. Communication between the staff members is crucial in developing the trainees. Shadowing could be used for nearly any role, especially on the first days and last days of training.

    Once the trainer evaluates the staff member and determines that the employee has mastered that position, then that person is ready to work independently.

    Management should observe or be involved in the training process to ensure that employee is receiving quality training. The general manager/owner oversees the managers. The general manager/owner may have the final say in whether a new employee is ready to work solo.

    Utilize any tool available to help achieve the training goals. During the training process using feedback or assessment forms can help track the quality of the training. Documenting the progress of the training and reviewing it with the employee will help the employee to know your expectations. It also gives you a paper trail of that particular employees training.

    Using a variety of training techniques for your restaurant is useful in getting all your staff on the same page. It also is more interesting than sitting down with someone and reading a scripted presentation. It will help you retain staff, because too many people are thrown into their jobs without the proper training and get frustrated and quit. Having a training program that is easy and effective is important in your restaurant’s success.

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    Source by Jeffrey Schim

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