[rpd] Statement from Legal Counsel

[Sunday Folayan]

Hello Mirriam,

I have been on Holiday.

Are you (1) attacking my person, or (2) my past involvement or (3) 
moderating my participation or (4) objecting to my rhetorically calling 
for a truce between two good friends?

No, I am not playing Co-Chair. I am not aware that I am banned or 
forbidden from writing anything, or for that matter calling for a truce.

Would you indeed have felt better if I was writing with a pseudo Name?

Seasons greetings.

Sunday.

On 12/18/20 4:03 PM, Mirriam wrote:

> Hi Sunday,

>

> Are you now playing co-chair?  Moderating  discussions, deciding which 

> discussions are out of scope, while their outcomes could be of 

> interest to the WG?

>

> I do remember your chairmanship at AFRINIC and wonder why such sudden 

> and intense activity from the past chair of the BoD in the PDP.

>

>  Mirriam.

>

>

> On Wednesday, December 16, 2020, 12:11:18 PM GMT+3, Sunday Folayan 

> <sfolayan at skannet.com> wrote:

>

>

> Daniel and Marcus,

>

> Gentlemen,

>

> Please remove rpd at afrinic.net <mailto:rpd at afrinic.net> from your 

> recipients list and continue your exchanges back-stage. When you have 

> consensus, go ahead and then post in on rpd.

>

> You two ... Have a great day, and well done for the good cooperative 

> work you are doing!

>

> Sunday.

>

> On 12/16/20 9:07 AM, Daniel Yakmut via RPD wrote:

>

> Dear Marcus,

>

> I have always understood you shortcomings therefore I wont waste time 

> arguing back and forth with you. The PDP the Co-Chairs are not 

> following, I suspect is the one defined by you or else I cannot see 

> the non-compliance.

>

> For the first time you said something reasonable, I agree we cannot 

> compromise standards and we need to hold each other accountable. 

> However, I have never seen you doing that, because you rather reduce 

> discussions to attacks and attempted intimidation as you just did with 

> your last mail.

>

> Simply

>

> Daniel

>

> On 15/12/2020 7:45 pm, Marcus K. G. Adomey wrote:

> Hi Daniel

>

> I completely understood you and your confusions and diversions.

>

> Note that nobody is castigating the cochairs. They serve at cochairs 

> as defined by the PDP.

>

> You have consistently stated the most outrageous things about this 

> community and pointed fingers to members of this community every time 

> anyone attempt to caution the cochairs.

>

> The cochairs not once but a number of times have failed to follow the 

> PDP unless members of the working group  constantly reminds them to do 

> so and when raised you now say hey xyz is castigating cochairs and 

> then level personal attacks making it all sour.

>

> You need to stop and start accepting that holding each other to the 

> high standards is perfectly normal and accountability has nothing to 

> do with your endless personal attacks insinuation and division talking 

> points.

>

>

>

> Marcus

>

> ------------------------------------------------------------------------

> *From:* Daniel Yakmut <yakmutd at googlemail.com> 

> <mailto:yakmutd at googlemail.com>

> *Sent:* Monday, December 14, 2020 8:07:36 PM

> *To:* Marcus K. G. Adomey <madomey at hotmail.com> 

> <mailto:madomey at hotmail.com>

> *Cc:* rpd >> AfriNIC Resource Policy <rpd at afrinic.net> 

> <mailto:rpd at afrinic.net>; Ashok <ashok at afrinic.net> 

> <mailto:ashok at afrinic.net>; Arnaud AMELINA <amelnaud at gmail.com> 

> <mailto:amelnaud at gmail.com>

> *Subject:* Re: [rpd] Statement from Legal Counsel

> Dear Marcus,

> Maybe you didn't understand my position, the mess is the attempt by 

> some members to continue to lay booby traps everywhere in  the PWDG.

>

> Moreso, I have remained consitent, that the Co-chairs should not be 

> castgated for trying to do their work.

>

> I love archives because they remind me where I have been and where I 

> am possibly heading.

>

> Simply

> Daniel

>

> On Dec 14, 2020 8:49 PM, "Marcus K. G. Adomey" <madomey at hotmail.com 

> <mailto:madomey at hotmail.com>> wrote:

>

>     Hi Daniel,

>

>     Are you discovering the “mess”?

>

>     The mess is created and maintained when the PDP is no longer

>     followed and WG’s powers usurped by people entitled only in an

>     administrative roles.

>

>     When people lose confidence in process system or people, you

>     should expect this kind of vigilance and queries for transparency

>     and accountability.

>

>     Knowing where you stand, It is not surprising that you are not

>     concerned  when you saw discussions on policy proposals in that

>     context.

>

>     The archives have records and will convey the responsibility of

>     each of us.

>

>

>

>     Marcus

>

>

>     ------------------------------------------------------------------------

>     *From:* Daniel Yakmut via RPD <rpd at afrinic.net

>     <mailto:rpd at afrinic.net>>

>     *Sent:* Monday, December 14, 2020 10:19:07 AM

>     *To:* Arnaud AMELINA <amelnaud at gmail.com

>     <mailto:amelnaud at gmail.com>>; Ashok <ashok at afrinic.net

>     <mailto:ashok at afrinic.net>>

>

>     *Cc:* rpd >> AfriNIC Resource Policy <rpd at afrinic.net

>     <mailto:rpd at afrinic.net>>

>     *Subject:* Re: [rpd] Statement from Legal Counsel

>

>     Dear Arnaud,

>

>     Please are these insinuations for real. How could Co-Chairs

>     recommend draft policies for board approval.

>

>     1. Are we saying that AfriNIC Staff and Board are oblivious what

>     is happening in the RPD that they cannot detect a rogue policy.

>

>     2. Some members are literally becoming paranoid.

>

>     3. Why are some community members bent in giving a dog a bad name,

>     so that it can be hanged.

>

>     4. I hope the discerning community members can see through

>     shenanigan being thrown around.

>

>     I will say what a mess!!!

>

>     Simply

>

>     Daniel

>

>     On 13/12/2020 11:35 am, Arnaud AMELINA wrote:

>>     Hello, PDWG members

>>

>>     It appears in recent communications from legal counsel that

>>     co-chairs have recommended some draft policies for approval by board.

>>

>>     Why are the recommendations, including the reports prescribed by

>>     section 3.4.4, not published on this rpd for the sake of

>>     transparency and the  practices in the matter?

>>

>>     Where did the resource transfer proposal version 5.0 come from?

>>

>>     We seem to have abandoned the PDP and its key underlining principles.

>>

>>     Regards

>>

>>     --

>>     Arnaud

>>

>>     Le mer. 9 déc. 2020 à 16:25, Ashok <ashok at afrinic.net

>>     <mailto:ashok at afrinic.net>> a écrit :

>>

>>         *Dear Community members,*

>>

>>         *I refer to AFRINIC’s Chief Executive Officer’s emails dated

>>         30 November 2020 and 03 December 2020 sent to the PDWG’s

>>         Co-Chairs to which I was in copy thereof. Copies of the said

>>         emails are also herewith attached.*

>>

>>         *As AFRINIC’s Legal Counsel I wish first to draw your

>>         attention to the PDWG’s Co-Chairs’ declaration of consensus

>>         dated 07 October 2020 in respect of the policy entitled

>>         /'Board's Prerogatives'/ – AFPUB-2020-GEN-004-DRAFT02- as

>>         well as the policy entitled /'Resource Transfer Policy'/

>>         –AFPUB-2019-V4-003-DRAFT04- whereby in the latter case,

>>         consensus was initially declared on 07 October 2020 and which

>>         was subsequently reversed by the Co-Chairs on 17 October 2020.*

>>

>>         *I hold no mandate to interfere in the work of the PDWG

>>         and/or its independence I shall refrain from doing so.*

>>

>>         *Nevertheless, I deem it my duty to tender my advice, for

>>         whatever it is worth and without in any way pressurising, the

>>         PDWG, an AFRINIC-related body to be bound by same.*

>>

>>         *My advice addresses the aforementioned two policy proposals

>>         and my purpose is to ensure that the work of the PDWG thereon

>>         as well as its outcome are both legally in order. I have

>>         given anxious consideration to this matter and also bear in

>>         mind that where the acts and doings of the PDWG are not

>>         legally in order, same may have a detrimental effect on the

>>         image and reputation of AFRINIC both as a corporate body and

>>         responsible RIR. *

>>

>>         *In regard to the policy entitled /'Board's Prerogatives'/, I

>>         have taken note of AFRINIC's Staff Assessment report dated 04

>>         November 2020 - **https://afrinic.net/policy/

>>         proposals/2020-gen-004-d2# impact

>>         <https://afrinic.net/policy/proposals/2020-gen-004-d2#impact>**.

>>         *

>>

>>         *You may have noticed that the said report has raised both

>>         serious governance and operational issues as well as areas of

>>         uncertainty observed in the proposed policy which has, up to

>>         now, remained unaddressed. *

>>

>>         *Consequently, it is my humble view that the PDWG may in its

>>         wisdom consider to review its own stand in respect of these

>>         policy proposals so as to avoid any form of encroachment,

>>         potential or otherwise, onto the Board of Director’s

>>         prerogatives, the foundations of which are grounded in

>>         articles 3.4 and 15 of the AFRINIC’s bylaws. *

>>

>>         *However, should the PDWG maintain its stand in respect of

>>         the above, then the appropriate motion has to be made during

>>         an AGMM, pursuant to Article 7.7 of the bylaws to amend

>>         articles 3.4, 15(1), 15(2) and 15(3) of the bylaws thus

>>         allowing the powers of the Board of Directors to be subjected

>>         to the directives and guidance of the PDWG.*

>>

>>         *As regard the policy entitled /'Resource Transfer Policy'/,

>>         the PDWG may be aware that the said policy (i.e. version 4

>>         thereof) is presentlythe subject of an appeal before the

>>         Appeal Committee and the matter is yet to be determined. *

>>

>>         *Consequently, the PDWG is hereby informed and advised that

>>         it is a matter of sound and settled legal principle that,

>>         pending the outcome of the Appeal Committee proceedings, it

>>         (PDWG) refrains from entertaining any request emanating from

>>         the relevant co-authors of the said policy proposals for

>>         further amending these proposals on the legal principle of

>>         /pendente lite/. It is also my considered view that any

>>         attempt in the meantime by the latter to submit a newly

>>         purported version of their policy proposal will be

>>         inadmissible (non-receivable) in law. *

>>

>>         *To close my submission may I urge the PDWG to give due

>>         weight to my non-binding legal advice and consequently

>>         appreciate the real risk of AFRINIC, in the event that the

>>         Appeal proceedings are ignored, having to ratify and

>>         implement two policy proposals, on the same subject matter,

>>         which would lead to an unprecedented conflictual situation. *

>>

>>         *Ashok.B.Radhakissoon.*

>>

>>         *Legal Counsel

>>         *

>>

>>         **

>>

>>         *

>>

>>         *

>>

>>         **

>>

>>         ______________________________ _________________

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>>

>>

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>

>

>

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