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Legality of Marijuana in Nigeria: A Legal Opinion

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By Kayode Ajulo

Abstract

In recent times, there have been calls from different quarters on the need to legalize the use of Marijuana in Nigeria. This legal opinion considers the mischief behind the laws proscribing the production, possession, sale and use of Marijuana and thereafter considers the benefits of legalizing Marijuana in Nigeria.

Introduction

Classified as an illicit drug in many countries, marijuana is outlawed by many governments. In Nigeria, it is often referred to as ‘Indian hemp’. In the country, Cannabis Sativa, which has enjoyed use as fibre, seed and seed oils, medicinal purposes, and as a recreational drug, traces its origin to Central and South Asia. The drug also has many other aliases igbo, dope, ganja, sensi, kuma, morocco, eja, kpoli, weed, trees, etc. Though usually smoked, the plant can be soaked in alcoholic drinks dubbed ‘monkey-tail’, and consumed mostly in the south-south parts of the country.

Some people cook food with it, some boil it to drink as tea, while others just chew the plant and seeds or buy online from platforms like Buy Weed Packs.

Physiologically, cannabis causes euphoria, relaxes the muscles and increases appetite. On the downside, the drug can impair motor skills, cause anxiety and paranoia and decrease short-term memory.

Deemed an illicit drug by the law, it had always been an offence in Nigeria to smoke marijuana, and it has largely been frowned upon by society. However, paradoxically, despite the increased hounding of growers, sellers, and users, marijuana appears to be consumed in ever greater quantities.

The agency saddled with the enforcement of drug laws in Nigeria is the National Drug Law Enforcement Agency (NDLEA). The agency has the job of curtailing the consumption of drugs in Nigeria. The general powers of the agency are contained in section 3 of the NDLEA Act.

Under the NDLEA Act, which came about by the promulgation of Decree Number 48 of 1989, the possession or smoking of cannabis, or even allowing one’s premises to be used for dealing in cannabis, can result in a prison sentence from 15 years to life. Its precursor, the Indian Hemp Act, was even harsher, carrying a maximum sentence of death.

Marijuana in Nigeria

Statistics show that cultivation to transportation and to sales, the marijuana industry connects different cities throughout Nigeria. At many outdoor markets and public motor garages, it is not strange to see marijuana smokers puffing away.

The 2011 United Nations Office on Drugs and Crime (UNODC) World Drug Report stated that cannabis use was prevalent among 14.3 per cent of 15 to 64-year-olds in Nigeria. The same report in 2014 revealed that Nigeria had made the highest number of cannabis seizures of any African country. Following this report, the NDLEA launched a programme dubbed ‘Operation Weed Eaters’ that aimed to rid the country of cannabis.

While marijuana can be grown in all parts of the country, according to the NDLEA, the states that are notorious for cultivating the plant are Ondo, Ogun, Osun, Oyo, Ekiti, Edo and Delta. In September, the NDLEA destroyed cannabis farms in Ute and Ose local government areas in Ondo State and arrested 30 suspects, seizing 31 kilograms of dried weed suspected to be marijuana in the Suleja area.

Between January and June 2014, NDLEA arrested 4,511 suspected drug traffickers and seized 47,423 kilograms of drugs. Of that number, cannabis accounted for 45,875 kilograms. Though these seizure figures are high, large quantities of marijuana still find their way to the market baffling the law enforcement system.

Legalizing Marijuana in Nigeria

It is important to note that many countries, including Nigeria, have enacted harsh laws against the cultivation, possession or sale of cannabis. In fact, dealing or using marijuana in countries such as Singapore, China, Malaysia, United Arab Emirates, and Saudi Arabia could land one from four years in jail to public beheadings.

But in recent years, some nations have adopted a different strategy, of decriminalizing marijuana usage as a way of combating it. These societies have also often reduced the penalties for possession of small quantities of cannabis, so that it is punished by confiscation or a fine rather than by imprisonment. The idea has been to focus more resources on those who traffic the drug while individuals who use a one hitter for personal consumption face less severe consequences, aligning with the trend towards more lenient enforcement of cannabis laws.

Uruguay made history by becoming the first country to legalise cultivation, trade and usage of marijuana in December 2013. In countries as varied as the Netherlands, Germany, Mexico, Peru, and Canada, the emphasis has shifted towards the decriminalization of marijuana. Jamaica, a country where marijuana smoking has long been popular, is set to decriminalize it too.

In 2018, Thailand’s military government unanimously approved medical marijuana use, which would make it the first country to legalize cannabis use in any form in Southeast Asia.

There are several laws in Nigeria that prohibit cultivating, possessing and using Marijuana.

Section of 11 of the NDLEA Act provides that:

Any person who, without lawful authority-

(a) imports, manufactures, produces, processes, plants or grows the drugs popularly known as cocaine, LSD, heroin or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life; or

(b) exports, transports or otherwise traffics in the drugs popularly known as cocaine, LSD, heroin or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life;

(c) sells, buys, exposes or offers for sale or otherwise deals in or with the drugs popularly known as cocaine, LSD, heroin or any other similar drugs shall be guilty of an offence and liable on conviction to be sentenced to imprisonment for life; or

(d) knowingly possesses or uses the drugs popularly known as cocaine, LSD, heroin or any other similar drugs by smoking, inhaling or injecting the said drugs shall be guilty of an offence and liable on conviction to imprisonment for a term not less than fifteen years but not exceeding 25 years.

See also Okewu v FRN (2012) LPELR-7834(SC); Nwadiem v. FRN (2018) LPELR-9845 (CA)

Similarly, section 7 of the Indian Hemp Act prohibits the use of Indian hemp.

From the above provisions, the law proscribes the illegal cultivation, use, sell and possession of Narcotics. The poser from the above is “whether there could be instances of legal cultivation, use, sell and possession of Narcotics?”

A careful perusal of the National Drug Law Enforcement Agency Act will reveal that there was no mention of legal use of Narcotics. What could appear to seem as a provision for legal use is provided for under section 3 of the NDLEA Act. The section provides that:

(1) Subject to this Act and in addition to any other functions expressly conferred on it by other provisions of this Act, the Agency shall have responsibility for-…

(h) the facilitation of rapid exchange of scientific and technical information and the conduct of research geared towards eradication of illicit use of narcotic drugs and psychotropic substances;

It is on the heels of this provision that the NDLEA had given a letter of “No Objection” to Medis Oil Company Limited and two others to import seeds of industrial cannabis for research purposes.

Similarly, Under Article 3 paragraph 5 of the 1961 Single Convention on Narcotic Drugs to which Nigeria is a signatory, it is envisaged that as a result of research, a drug may be deleted from schedule IV of the 1961 Single Convention if researches reveal its therapeutic advantages. At the risk of repetition but for the sake of emphasis the Paragraph provides:

A Party shall, if in its opinion the prevailing conditions in its country render it the most appropriate means of protecting the public health and welfare, prohibit the production, manufacture, export and import of, trade in, possession or use of any such drug except for amounts which may be necessary for medical and scientific research only, including clinical trials therewith to be conducted under or subject to the direct supervision and control of the party.

(Underlining supplied for emphasis)

A careful reading of the 1961 Single Convention on Narcotic Drugs reveals that Narcotics may be used by signatory states for research and medical purposes. Cannabis plant or its resin or extract with THC content lower than 1% is considered as CBD (medical) cannabis and not psychoactive.

Economic benefits of Marijuana: Thailand as a Case Study

Despite the fact that the mischief that several stringent laws against Narcotics seek to prevent is the harm they do to human health, recent medical studies have also indicated that marijuana can also be beneficial to health.

Thailand’s military government unanimously approved medical marijuana use, which would make it the first country to legalize cannabis use in any form in Southeast Asia.

It is apropos to note that Thailand was once infamous for its harsh penalties on drug users, including the death penalty. Cannabis was also once extensively used in Thailand for medicinal purposes as well as clothing, where fibres from both marijuana and hemp plants were used in creating fabrics. Thailand’s cannabis is one of the country’s largest exports.

Globally, the medicinal cannabis industry is projected to be worth $55.8 billion dollars by 2025.

Considering the high rate of employment in Nigeria, legalizing Marijuana will provide job opportunities for many Nigerian youths.

Health Benefits of Cannabis

One of the first big medical issues that cannabis was shown to effectively treat is Glaucoma. Ingesting cannabis helps lower the pressure in the eyeball, giving patients at least temporary relief.

It can improve lung health. Some conditions like lung cancer and Emphysema have been shown to regress when cannabis is thrown into the mix.

Cannabis can also offer serious relief for arthritis, especially when using quality cannabis creams and balms. It’s helpful for those with post-traumatic stress disorders (PTSD). It could help regulate metabolism: as it helps your body process and deals with food and obesity, it also helps maintain and regulate metabolism.

It also helps people with AIDS/HIV in the sense that cannabis helps those living with it cope by helping them maintain their diets and handle associated pains and aches.

It proved effective for treating nausea: chemical compounds in cannabis react with brain receptors to regulate feelings of nausea.

Cannabis could potentially treat headaches naturally and won’t chew through your stomach lining or take its toll on one’s body.

It has also been found to be at least somewhat effective in the treatment of a handful of sexually transmitted diseases, including Herpes and Chlamydia.

It could help with speech problems: if anyone has an issue with stuttering, cannabis can help in the same way that it helps calm spasms and twitches.

It can improve skin conditions and treat skin conditions like eczema vide cannabis topical.

Recreational Benefits of Marijuana

Apart from the argument for the legalization of cannabis for medical and medicinal purposes, there is the argument that its possession and use for recreational purposes should be decriminalized. As would be seen, some countries have passed legislation that decriminalizes possession up to certain amounts and allows recreational use and cultivation up to certain amounts too.

Notwithstanding, there remain ethical questions to its widespread use. At the core of this ethical debate is the question: Is it morally wrong to be high? I am certain that we will agree that we might not have a winner in that debate.

If we are to go by the fact that it impairs cognitive abilities, then it might be morally wrong to ingest anything that impairs our sense of judgment in any way.

Conclusion

Taking a clue from the Utilitarian theory that “actions are right in proportion as they tend to promote happiness”, from the facts and benefits highlighted above, there is really a need to legalize the use of Marijuana in the country.

It is succinct to point out that the war on drugs is often far costlier than the drugs themselves.  Thus if the money pumped against the use of drugs could be redirected in cultivating Marijuana for economic use, there will be a great boost in the economy of the Country.

Finally, one of the greatest problems in policing the illegal use of cannabis is the enforcement of the laws governing its illegality. This in itself has been one of the big drivers for the calls for its legalization across many countries of the world. Most of the proponents of the legalization of its use for both medical and recreational purposes have stated that its criminalization has not stopped its increasingly widespread use but instead, has helped deny people of its ‘wonder-working powers’, as a drug, especially in treating chronic pain as earlier mentioned.

Recommendations

Having considered the benefits accruable to the production, sale and use of Marijuana, it is hereby recommended that the National Assembly should be lobbied to amend the provisions of the NDLEA Act and other relevant laws in order to make room for the legal production, manufacturing, sale and use of Marijuana in Nigeria which in turn boost the economy of the Nation as a whole.

The National Drug Law Enforcement Agency should also enforce the provisions of the 1961 Single Convention on Narcotic Drugs and allow the use of Marijuana for medicinal purposes.

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Reflection on Groups’ Kindness to Alidinma Mixed Secondary and Ute Okpu Grammar Schools

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Alidinma Mixed Secondary

By Jerome-Mario Utomi

This piece was inspired by two separate but related events; the first has to do with the news report that Dr. Philomena Onoyona Foundation, in line with its vision of giving unwavering commitment to education and community development, recently made a strategic visit to Alidinma Mixed Secondary School in Agbor Alidinma in Ika South Local Government Area of Delta State, where it donated learning materials worth thousands of naira to the students.

The second and closely related to the above centres on the revelation that the Ute Okpu Community in Ika North-East Local Government Area of Delta State recently came alive as the 1990 Set of Ute Okpu Grammar School Old Students Association celebrated its annual reunion with a series of social responsibilities aimed at giving back to the society.

These activities, programmes and initiatives include but are not limited to; deworming of children aged 10 years and below, payment of tribute to the unsung heroes of Ute Okpu Grammar School, presentations of lecture series, bestowing of awards, testimonials, plaques and cash gifts on the school’s outstanding/dedicated teachers, staff, and alumni in recognition of their tireless efforts and unwavering commitment, and unrelenting passion for education.

At a glance, the above show of love by the Foundation and the Old Students Association portrays a bunch that recognizes Social Responsibility as an ethical framework in which individuals or corporations must act in the best interests of their environment and society as a whole, fulfilling their civil duty and taking actions that are beneficial to both the present and upcoming generations.

Beyond the donations, worthy of mention are their messages of hope and resolve to continually support both the present and future students within the state and beyond.

Take as an illustration, Dr. Onoyona underlined that the latest visit and donation of learning materials to the students of Alidinma Mixed Secondary School is the foundation’s way of raising from our community, academically strong and well-informed youths that will provide the future leadership needs of our nation as well as compete favourably with their counterparts abroad’’.

The Nigerian-born and U.S.-based social worker and advocate while calling on other well-meaning and quietly influential Nigerians to team up in her current quest to uplift less privileged and vulnerable youths out of poverty and illiteracy, added that this benevolent outreach which focuses on empowering students through provisions of essential educational materials such as school bags, relevant books, pens, and pencils, among others will continue and be extended to other schools within Delta state and beyond to equip the students with the tools needed to excel academically and inspire a brighter future.

In a related development, Speaking via a statement signed by one of the leading members, Chukwuka Justus Iwegbu and titled; The Spirit of Giving Back to Our Community and Alma Mater: A Tribute to the Unsung Heroes of Ute Okpu Grammar School 1990 Set Old Students Association, the Ute Okpu Old Students Association explained that the event which took place at Ute Okpu Unity Town Hall was a testament to the enduring spirit of the alumni association and its commitment to recognizing the contributions of its esteemed members.

“One thing that brought us together after so many years of leaving our alma mater is unity and love. We may not bother ourselves with the sung and unsung stories because we have a whole lot of members who believe in an unsung story of positive contribution and impact on the lives of others. Remembering our roots remains our major mandate and a call to duty.

“The Ute Okpu Grammar School Alumni Association, 1990 set, is committed to giving back to our alma mater and the Ute Okpu community. We believe that education is the key to unlocking the potential of individuals and communities, and we are dedicated to supporting initiatives that promote educational excellence and intergenerational change,” the statement concluded.

Without a doubt, it will be convenient for many to argue that there is nothing philanthropic to attract media coverage of such a low-profiled donation of learning material, particularly as the value of the donation in question is not measured in billions of Naira.

For me, there are lessons to learn from these groups and every reason to celebrate their actions.

First and very fundamental is the hidden truth that members of these groups are not in absolute terms wealthy, particularly going by Nigerians’ context and definition of riches but were predominantly fired by the burning desire to uplift the life chances of the poor and vulnerable in their environment through educational support.

Regardless of what others may say, this piece holds the opinion that these morally eminent men and women made donations to schools not only as a positive behavioural culture but largely in recognition of the time-honoured aphorism which considers education as the bedrock of development; that with sound educational institutions, a country is as good as made -as the institutions will turn out all rounded manpower to continue with the development of the society driven by well thought out ideas, policies, programmes, and projects.

Their action equally symbolises a bunch in consonance with the fact that it is our collective responsibility to ensure that our schools work and our children are properly educated at the right time.

With their culture of donating to the students’ welfare and comfort, the group, in my view,  amplified the notion that children enjoy the right to education as recognized by a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a compulsory primary education for all, an obligation to develop secondary education accessible to all, as well as the progressive introduction of free higher education/obligation to develop equitable access to higher education.

We must also not fail to remember that a few years ago, the National Human Rights Commission (NHRC), in line with its mandate to promote and protect human rights, established the right to education as a thematic area of focus to drive its vision of having all children enrolled in school as well as to ensure that the culture of human rights is promoted and maintained in schools.

One common fact we must not shy away from as a people is that the crushing weight arising from education funding in Nigeria and globally has become too heavy for only the government to shoulder and that is another reason why the intervention/donation by these groups is most profound.

As we celebrate these uncommon efforts, the lesson we must all draw from the example of these groups is that it is time for all to collectively find creative and sustainable solutions to educational provision for all in Nigeria, especially for the children of the poor and lowly as these children deserve the right to hold all of us accountable.

If we fail to provide this traditional but universal responsibility to these children, their future will hang in the balance as a result of such failures. And chances are that most of them will run to the streets. And, as we know, the streets are known for breeding all sorts of criminals and other social misfits who constitute the real threat such as armed robbers, thugs, drug abusers, drunkards, prostitutes and all other social ills that give a bad name to society.

Utomi, a media specialist, writes from Lagos, Nigeria. He can be reached via [email protected]/08032725374

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Ways to Stick to Your New Year’s Resolutions Without Breaking the Bank

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Embarking on a new year often involves setting ambitious resolutions – a global tradition of striving for personal growth and positive change. We vow to eat healthier, exercise more, learn a new skill, or take on challenging DIY projects. However, as the initial enthusiasm wanes, some resolution may only fall by the wayside.

To enhance your chances of success, let’s delve into some common resolutions and explore key tips that will empower you. This includes setting clear and achievable goals and utilising tools that will equip you for the journey towards achieving those aspirations.

1. Enhancing physical wellbeing: Losing weight or improving fitness often requires a lot of different things working together. To support your efforts, consider utilising tools such as smartwatches to track progress, resistance bands for strength training, and cardio equipment like an exercise bike or treadmill. For home workouts, invest in dumbbells, kettlebells, and a yoga mat. A food scale can aid in portion control. You can also stay motivated by wearing nice workout clothes that makes exercise more fun. These products are all available on Temu, a direct-from-factory marketplace offering year-round deals to help you achieve your New Year’s resolutions.

2. Cultivating healthy eating habits: This often involves prioritising whole foods, minimising processed foods, and increasing fruit and vegetable consumption. To simplify this journey, consider investing in helpful kitchen tools. A food processor can streamline meal prep, while an air fryer offers a healthier cooking alternative. A slow cooker is perfect for effortless and flavourful meals, and a vegetable spiraliser can make eating vegetables more enjoyable.

3. Prioritising stress reduction and wellness: Prioritising wellness is crucial for overall well-being. To reduce stress and feel better, focus on mindfulness practices like meditation or yoga and spend time in nature. Improve your sleep habits. Helpful tools include essential oil diffusers to create a calming atmosphere, weighted blankets for relaxation and comfort, stress balls to release tension and improve circulation, and noise-cancelling headphones to block out distractions.

4. Trying out a side hustle to diversify income:  Becoming a social media content curator, for example,  is a rewarding pursuit in Nigeria, however, it requires careful planning and execution. Defining your niche and identifying reliable sources of content are crucial first steps. A strong technological foundation is essential for success. This includes a reliable computer or mobile device, a stable internet connection, and specialised software for editing (video, audio, and image). Investing in affordable high-quality recording equipment, such as cameras, is crucial for capturing professional-looking content, while good lighting is essential to enhance its visual appeal.

5. Strengthening personal relationships: This is a valuable resolution that can enhance our well-being and strengthen our relationships. In today’s busy world, it’s easy to let the demands of daily life overshadow meaningful connections. To make this resolution a reality, consider scheduling regular family dinners, planning weekend outings, or dedicating specific times for uninterrupted conversations. Remember that quality time is key; put away distractions and truly engage with your loved ones.

6. Contributing to the community through volunteering: Volunteering your time to a cause you believe in is a rewarding way to make a difference in your community and the world. Find a cause that resonates with you and explore opportunities within your local area. Start small and gradually increase your commitment. Remember that volunteering is a two-way street; it not only benefits the organisation but also provides you with a sense of purpose and fulfilment.

Consistency and adaptability are key to achieving your New Year’s resolutions. Celebrate your successes, be patient with yourself, and don’t hesitate to adjust your approach when needed. Platforms like Temu can be invaluable allies, offering a wide range of affordable products to support your goals. From fitness equipment to kitchen essentials, Temu can effectively equip you without straining your budget.

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Unlocking Full Human Potential: Growth, Diversity, and Purpose

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In Nigeria’s diverse workforce, the conversation around diversity and inclusion (DEI) extends beyond gender to address tribal diversity, socioeconomic representation, and other cultural nuances. Policies that promote inclusivity are crucial for fostering collaboration in Nigeria’s multicultural corporate environment.

“An organisation is only as good as its people. Ensuring those people perform to their best is the role of human capital. Today, the field has a range of tools to ensure real-time engagement and agile interventions for optimal job satisfaction and performance”, – Catia Teixeira, MultiChoice Africa Holdings Group Executive Head of Human Capital.

In both our professional and personal lives, we all strive for growth and development. These opportunities are deeply rewarding, supporting the kind of self-actualisation that makes life most fulfilling. In the Nigerian workplace, where career growth often intertwines with societal expectations and the drive for self-improvement, human capital plays an even more significant role. Opportunities to grow are not just fulfilling but are deeply rooted in our collective ambition for a better future.

Employee engagement is a reflection of how actualised individuals feel in their roles. Engaged employees are more likely to perform at their peak and contribute positively to the workplace. In Nigeria, where the “hustle culture” is celebrated, organizations must create environments that not only nurture growth but also recognize and reward the efforts of their people.

When employees feel enriched and their work aligns with their aspirations, the results are transformative. Growth and development are not just personal milestones—they are the foundation of a thriving organization and, by extension, a more productive society.

Identifying Growth Opportunities

In every workplace, some employees stand out from the first day, while others take time to grow into their potential. Talent management processes must cater to both. For instance, a twice-yearly organizational talent review can help Nigerian companies identify where employees excel and where they need support.

Interactions within the workplace also play a crucial role. In Nigeria’s highly networked professional landscape, creating opportunities for cross-departmental collaboration can open new doors for employees. Systematic development plans, supported by tailored training, ensure that these opportunities translate into tangible growth.

Take the MultiChoice Academy, for example, which offers over 4,000 online courses spanning finance, HR, marketing, and other fields. This mirrors the Nigerian appetite for continuous learning, especially as industries rapidly embrace digital transformation. While face-to-face training remains valuable, customized e-learning platforms are pivotal in bridging knowledge gaps and preparing employees for the future of work.

For any training program, balance is key. Organizations must align employee development with business goals while ensuring individuals feel empowered to pursue their aspirations. In Nigeria, induction programs that connect new hires with company visions and purpose are critical to building this alignment.

One of the most rewarding aspects of human capital management is witnessing success stories unfold. In a country like Nigeria, where talent is abundant, but opportunities may be unevenly distributed, developing talent internally can make a significant impact. Long-term employees bring invaluable institutional knowledge, and nurturing their growth ensures they continue to drive organizational success.

At MultiChoice, we are deeply committed to equipping our workforce with the skills and confidence needed to excel. Whether it’s training young leaders, empowering women in leadership, or developing heads of departments, every investment in our people enhances their value – as individuals and as indispensable assets to the company.

What Diversity Means

At MultiChoice, gender equity remains a key focus. Women make up 46% of our workforce, and 46% of leadership roles are held by women—a significant achievement in a society where women often juggle professional aspirations with traditional family roles. Our promotions policy is designed to push these numbers to 50%, ensuring equity across all levels of the organization.

When entering new markets, MultiChoice intentionally applies its culture of inclusion, empowering women to excel in leadership positions. This commitment extends to addressing barriers unique to Nigeria, such as access to resources and mentorship for women in underrepresented fields.

Data Drives Change

To drive meaningful change, data is indispensable. Nigerian companies often face challenges like high employee turnover and workplace inefficiencies. By leveraging data, organizations can address these issues strategically.

MultiChoice uses platforms like Office Vibe to generate insights into employee engagement, satisfaction, and work-life balance. Weekly surveys and random polls provide actionable feedback, enabling quick interventions and fostering a culture of continuous improvement.

In Nigeria, where trust in leadership significantly influences workplace morale, data can also help bridge gaps between management and employees. Regular focus groups, coupled with robust analytics, ensure employees feel heard and supported. When organizations align employee needs with business goals, the result is a workforce driven by purpose and achievement.

The Collective Goal

In Nigeria, where community and collective growth are deeply valued, human capital strategies should emphasize the power of shared purpose. By investing in people, organizations contribute to a larger vision of national development.

At MultiChoice, every success story is a testament to this philosophy. From training young leaders to empowering women in leadership, the organization demonstrates that growth is a journey best undertaken together. For Nigeria, this represents a powerful blueprint for building a future where individuals and organizations thrive in harmony.

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