The Nation Newspaper

Category: Law

  • Effect of failure to pay requisite fee for transmission of record of appeal

    Effect of failure to pay requisite fee for transmission of record of appeal

    This is an appeal against the judgment of the High Court of Yobe State, sitting in its appellate jurisdiction at Damaturu. The respondent sued the appellant before the Upper Shariar Court, Geidam, over farmland and after hearing the matter, a declaratory judgment was entered in favour of the appellant. Dissatisfied with the judgment of the trial court, the respondent appealed to the High Court. After hearing the appeal, the court set aside the trial court’s decision and, in its place, conferred the title of the farmland to the respondent.

    Dissatisfied with the judgment of the High Court, the appellant appealed to the Court of Appeal.

    The respondent, on their own part, filed their brief of argument and notice of preliminary objection.

    Issues for determination

    The issues submitted for determination in the preliminary objection were:

    1. Whether the Appellants’ Notice and Grounds of Appeal filed on December 6, 2021 without the leave of either the lower Court or this Honourable Court on the ground of facts/objection for the first time on appeal on  December 13, 2021 without complying with the mandatory provisions of Order 8 Rule 11(1) of the Court of Appeal Rules 2021 as to cost for the due prosecution of the appeal is competent?

    2. Whether  issues   number 2, 3, 4 and 5 of the appellant’s brief are based and distilled from the respective grounds number 2, 3, 4 and 5 of the Appellant Notice and Grounds of Appeal?

    The court in considering the merit of the case resolved the following issues:

    (a) Whether the court below was right to have assumed that the appellant did not counter the claim before the trial Court, thereby admitting the claim against him (the Appellant).

    (b) Whether the court below was right to have held that the trial Court judge did not apply the Islamic law principles of an Izar either during the proceeding or before judgment was delivered.

    (c) Whether the court below was right to have assumed that the trial judge misapplied the principle of Hauzi.

    Appelants’ submissions:

    On issue one, the appellant’s counsel argued that the trial court erred in considering the respondent’s testimony as evidence to establish their title to the land. According to the principles of Islamic Law, the plaintiff (Respondent) is not a competent witness in their own case. The appellant’s counsel cited relevant cases to support this argument and claimed that the High Court’s finding violated the appellant’s right to fair hearing. He urged the  court to rule in favour of the appellant, considering the principles of Islamic Law.

    On issue two, the appellant’s counsel contended that under Islamic Law, blood brothers and close relatives of the parties involved in a dispute are not competent witnesses. He argued that the testimonies of certain witnesses were challenged by the appellant during the proceedings, but the court did not consider these arguments. The appellant’s counsel asserted that the High Court’s failure to evaluate and consider these testimonies violated the appellant’s right to a fair hearing. He urged the court to resolve the issue in favour of the appellant based on the principles of Islamic Law.

    On issue three, the appellant’s counsel argued that the trial court wrongly assumed that the appellant did not file a counter-claim before the court, which led to the court admitting the respondent’s claim against the appellant. He asserted that the appellant clearly counter-claimed the disputed farmland, denying the respondent’s claim and asserting ownership.The counsel cited a relevant case and contended that the trial court’s findings resulted in a miscarriage of justice and violated the appellant’s right to fair hearing. He urged the court to uphold his arguments on this issue.

    On issue four, the appellant’s counsel argued that the trial court did apply the principle of Izar, a pre-judgment plea that allows parties to present additional witnesses before judgment. He contended that the High Court’s conclusion that Izar was not applied violated the appellant’s right to fair hearing and resulted in a miscarriage of justice. The counsel urged the court to recognise this violation and resolve the issue in favour of the appellant.

    On issue five, the appellant’s counsel submitted that the trial court correctly applied the principle of Hauzi. He argued that the respondent’s claim of peaceful possession of the farmland for 60 years was not adequately proven, while the testimonies of defence witnesses supported the appellant’s case. He referred to specific lines in the record of appeal and cited a relevant case to support his argument. The counsel urged the court to allow the appeal, set aside the High Court’s decision, and affirm the trial court’s decision in favour of the appellant.

    In  response to the respondent’s brief, the appellant’s counsel reiterated his arguments regarding the incorrect consideration of the respondent’s statement of claim as testimony, the incompetency of blood brothers and close relatives as witnesses, and the violation of the appellant’s right to fair hearing. He also addressed the issue of “leave of Court” and requested the court to uphold his arguments, resolve the issues in favour of the appellant, and allow the appeal.

    Respondent’s Submissions:

    In the preliminary objection, the respondent argued that the Appellant’s Notice and Grounds of Appeal were incompetent and should be dismissed for not complying with the mandatory provisions of Order 8 Rule 11(1) of the Court of Appeal Rules 2021. He also contended that certain grounds of appeal required the court’s leave before being filed and argued, and the appellant did not obtain the necessary leave for one of the grounds of appeal.

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    The respondent urged the court to strike out that ground. Additionally, he argued that the issues in the appeal should stem from the reasons encompassing the grounds of appeal and asserted that the respondent had provided sufficient evidence to support his claim of title to the farmland.

    In the main appeal, the respondent submitted that the case had been proven at the trial Court, and the High Court was correct in setting aside the trial court’s judgment and awarding title of the farmland to the respondent. He argued that in an action for declaration of title to land, the plaintiff must present sufficient and credible evidence to establish the mode of acquisition of title. The respondent claimed to have provided direct, unchallenged, and credible evidence to support his claim of title through inheritance.

    He contended that an outsider cannot claim ownership of an inherited property, and equity does not permit it. Furthermore, he argued that a party relying on traditional history as proof of their root of title must adequately plead it and cited relevant cases in support. The respondent also raised an argument regarding the filing of a counter-claim, stating that the appellant did not file a valid counter-claim and thus cannot seek any relief related to the suit.

    Finally, he urged the court to resolve the issues in their favour in the interest of justice.

    Resolution:

    According to the court, it was stated that by Order 8 Rule 11(1) of the Court of Appeal Rules 2021, the appellant was required to deposit not less than N50,000 with the Deputy Chief Registrar upon transmission of the record of appeal. However, the respondent argued that the appellant did not comply with this provision. The appellant’s claim of being an indigent person is not valid as no court order has been issued confirming their indigent status. If the appellant fails to comply with this rule, the respondent can apply for an order to make the required deposit. The court cannot strike out the Notice of Appeal, so it remains competent along with the transmitted records.

    The court noted that the appellant previously filed an application for leave to appeal, which was granted by the High Court on December 3, 2021. The High Court’s order stated that the appeal should be filed within 10 days, as specified in Exhibit B. However, upon examination, it was found that the notice and grounds of appeal filed by the appellant were different from the document referenced in Exhibit B. The appellant failed to follow the High Court’s order and attempted to circumvent the legal process. As a result, the validity of the Notice and Grounds of Appeal is questionable.

    Furthermore, the appellant’s brief of argument contained issues that were unrelated to the grounds of appeal, rendering them incompetent and struck out. However, issues three, four, and five were deemed competent as they corresponded to the respective grounds of appeal.

    Considering the invalidity of the notice and grounds of appeal, the appeal itself was deemed incompetent and dismissed by the court.

    The Court proceeded to address issues three, four, and five on their merits.

    On issue three, the court stated that the High Court’s finding, which stated that there was no valid counter-claim by the appellant, was supported by the record of appeal. According to Islamic Law, a counter-claim must be specific, clear, and complete. In this case, the court concluded that the appellant failed to meet these requirements, and therefore, the High Court’s decision on the issue was upheld in favour of the respondent.

    On issue four, the court was of the position that the High Court correctly observed that the trial court did not apply the principle of Izar, which is a pre-judgment plea allowing parties a final opportunity to present their claims before a judgment is delivered. Under Islamic Law, the absence of Izar renders a judgment null and void. Therefore, court concluded that the High Court’s resolution in favour of the appellant on this issue was affirmed.

    On issue five, the court was of the view that since issue three was resolved in favour of the respondent, this issue becomes irrelevant. The appellant, having no valid counter-claim, could not have been entitled to judgment in the first place. The question of whether the trial judge rightly applied the principle of Hauzi becomes academic. The Court declined to engage in academic exercises.

    Held

    The preliminary objection succeeded in part and the appeal was dismissed. Going further to consider the appeal on its merits, the Court of Appeal dismissed the appeal.

    Appearances:

    A. Ismaila, Esq.                                              

    For Appellant(s)

    Y. A. Ali, Esq.                                       

    For Respondent(s)

    Compiled by LawPavilion.

  • ‘60% of GBV cases first reported to religious groups’

    ‘60% of GBV cases first reported to religious groups’

    The Lagos State Domestic and Sexual Violence Agency (DSVA) has said at least 60 per cent of the survivors of gender-based violence (GBV) had first reported to their religious leaders.

    Its Executive Secretary, Mrs Titilola Vivour-Adeniyi, said this at a training on sexual and gender-based violence at Ikeja.

    She said sometimes they deploy mediation, yet the issue persisted.

    It  has, therefore, she said, become compelling to build capacity of  counsellors in the religious leaders on when to refer cases. 

    Mrs Vivour-Adeniyi said over 54 religious marriage counsellors attended the event, which was held in partnership with the Ministry of Home Affairs and Christian Association of Nigeria (CAN).

    She said it was borne out of the fact that the state recognises the indispensable role the religious institutions play in shaping belief, confronting norms and will continue to enhance their reservoir of knowledge to become better advocates for change within their respective communities.

    The ES said domestic and  sexual violence in marriage is spreading its tentacles,  a spiral of events which demands attention of all.

    She stressed that the state government had remained resolute to safeguarding the sanctity of every individual, regardless of gender or background.

     “We know that religion plays a huge role in shaping mindset, directing behaviours and we also know the role of the religious clerics as well as the role marriage counsellors in different religious institutions play in promoting and discouraging perpetration of sexual and gender-based violence.

    “We thought it is expedient to bring them together, enlighten them about various forms of sexual and gender-based acts and equip them with skills required in their counselling duties, either during pre-counselling for intending couples  or post-counselling for  married couples,

    “More importantly, the putting together of this programme is designed to infuse key issues such as psychometric tests to assess compatibility, red flags, coping mechanisms , love codes and other relevant topics into the pre marital Counselling offered by religious bodies for intending couples,’’ Mrs Vivour-Adeniyi said.

    A facilitator at the training, Mrs. Motolani Falabi, emphasised the need for the individuals going into marriage to understand their identities and what a marriage is, before picking up that responsibility and ensuring they know the building blocks that is crucial to having a successful marriage.

    Mrs Falabi, who is the Chief Executive Officer, Praise Fowowe Limited, said: “The future of the society is at the mercy of our marriage and the couple must have someone that can mentor them. So, marriage must have a vision, value, and focus which invariably will determine the kind of children that will be churned out into the society.

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     “The family is the production factory of the society and it is the future of our world rests on good parenting and if we get it right, then, we can have a better world.”

    Another facilitator, Mr Oladele Emmanuel  Temilade, spoke on the origin of domestic violence and how to prevent it.

    He added that counsellors should ensure that they teach the prospective couple not based on culture, religion, or native intelligence, but must be done professionally and people that would be engaging them are better equipped and not working based on culture.

    Another facilitator, Mrs Folasade Ajayi, took the Session on Post-Marital Counselling,   stressing on red flags and coping mechanisms.

    Acknowledging the state government efforts, the religious marriage counsellors also appreciated the  agency for bringing to the fore, issues that would make swift prevention and response to sexual violence in marriage, particularly how marriage counsellors could restore peace to homes.

    They emphasised the need to intensify advocacy on premarital engagement by professional counsellors and eradicate the misunderstanding in most marriages.

  • Court awaits verdict on Ibeto’s jurisdiction application

    Court awaits verdict on Ibeto’s jurisdiction application

    Justice Oyindamola Ogala of the Lagos State High Court in Ikeja has adjourned the trial of Chairman of Ibeto Energy Development Company, Chief Cletus Ibeto ,who was charged by the Economic and Financial Crimes Commission (EFCC) for alleged N4.8 billion fraud, till  May 27, 2024.

    Justice Ogala fixed the date after hearing submission of the defendant’s counsel Adebayo Oshodi.

    Oshodi had prayed the court to move an application challenging the jurisdiction of the court to hear the charge.

    However, the prosecution counsel, Rotimi Jacob opposed the application on the ground that the defendant had filed an appeal on same issue before the Court of Appeal and the appellate court is yet to decide on it.

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    Besides, Jacob also insisted that court could not entertain the application because the defendant has not submitted himself for trial.

    After listening to both parties, the trial judge, Justice Ogala ruled  that in view of the fact that there’s a pending appeal which is coming up May 7 on the same subject matter, there’s no need for the court to be in a hurry to hear the preliminary objections.

     The court further ruled that it will be better for the high court to await the Court of Appeal’s decision on the issue of jurisdiction matter, since same issue is currently pending before the appellate court .

    The EFCC had charged the defendants, Chief cletus Ibeto and his companies before the high court of Lagos State on a 10-count charge of conspiracy, fraud, forgery and fraudulent use of documents.

    However, the defendants have consistently failed to  appear before the court to take their pleas.

  • ‘Why lawyers must develop interest, skill in taxation’

    ‘Why lawyers must develop interest, skill in taxation’

    Lawyers have been advised to develop interest and skills for other promising practice areas like taxation in readiness to unlocking the prosperity inherent in this area of practice.

    The advice was the core of decisions reached at the just-concluded Nigerian Bar Association Section on Business Law (NBA-SBL), Eastern Zonal Conference which inaugural edition held at the Base Events Centre, Independence Layout, Enugu, Enugu State.

    The theme was: “Unlocking Prosperity: Exploring the Legal and Entrepreneurial Business Opportunities in the Eastern Zone of Nigeria”.

    According to the Chairman, Media, Technology and Publicity Sub-Committee, NBA-SBL Eastern Zonal Conference, Dr Adewale Kupoluyi , the communique issued at the end of the  conference was  signed by the Chairman, Eastern Zone Committee, Dr.  Jude Ezegwui and Chairman, Conference Planning Committee, Nnaemeka Egonu.

    It  observed that most lawyers are challenged by the fact that taxation involves the computation and calculation of figures, and that this is wrongly perceived to be meant for accountants or economists.

    It said: “every commercial relationship has tax implications that are regulated by laws. Hence, in readiness to unlock the prosperity inherent in this area of practice, lawyers are called upon to develop interest and skills for other promising practice areas like taxation.

    The conference revealed that taxation in Nigeria offers diverse opportunities for legal practitioners. These opportunities arise from the protection of group interest and the prevalent regulatory framework evident in the various tax legislation.

    According to the communique: “there is a major role to be played by lawyers in tax practice and it involves the understanding of the implications of tax assessment and administration, particularly as it affects taxpayers, urging lawyers to maximise the underlying opportunities in this field of practice.

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    “Conference recognises citizens’ rights to electricity and equitable access/legal safeguards, and resolved that to explore the underlining prosperity in the electricity sector in the Eastern Zone, lawyers are to position themselves for opportunities by understanding the prevalent needs of the local market while projecting themselves as experts in the sector”, it added.

    On the legal framework for sustainable electricity and opportunities for lawyers, the conference resolved that the unbundling of the electricity sector, under the new legal regime, had paved way for the state to control power and resolved that, lawyers can explore, through the instrumentality of the electricity window available to states, and act as consultants on the subject of electricity.

    It also noted that in the energy sector, legal practitioners should explore opportunities in the Petroleum Industry Act, 2021 and encouraged lawyers to acquire theoretical knowledge in the oil and gas industry, leverage on technological advancement, invest time to understand the actors and players in the industry while creating relationship with relevant stakeholders in the industry.

    The communique said this has become necessary because “there is pressure in the sector and this has opened doors for more investment opportunities and activities in the industry, thus; legal practitioners should leverage on this and embark on extensive capacity building.”

    It instructed the NBA-SBL to create an avenue where lawyers, who are proficient in diverse fields of practice, should be easily identified by would-be clients, irrespective of their locations, adding that the body should equally create a medium for major stakeholders and international businesses to set up branches in Nigeria with the aims of expanding their operations and to create opportunities for the local industry.

    The communique recommended that lawyers should rise to the occasion to see that the challenges being faced in the corporate business institutions are tackled.

    “Secondly, to explore the opportunities inherent in the Eastern Zone, legal practice should be structured in a partnership arrangement to enhance continuity and clients’ satisfaction.

    “Thirdly, the provision of the Rules of Professional Conduct for Legal Practitioners on advertisement should be amended to be in line with modern trends in other jurisdictions that permit the advertisement of legal practice.”

  • Prada Uzodimma felicitates first class PUSG beneficiary Chinonso Oparaji

    Prada Uzodimma felicitates first class PUSG beneficiary Chinonso Oparaji

    Barrister Prada Uzodimma has congratulated Chinonso Oparaji, recipient of the Prada Uzodimma Law School Scholarship Grant (PUSG), for graduating with a first class from the Nigerian Law School.

    Her congratulatory message was contained in a statement by the Director of Media, Principle Legal Consult, Nzube  Gabriel,on Thursday, saying  that “Prada Uzodimma, founder of PUSG, joined other legal luminaries, including top government functionaries to celebrate the Imo State-born genius.”

    Oparaji  outstanding academic feat was recently celebrated by  academic and legal topnotch in Imo State, including the Chief Judge of the State, Honourable Justice T. E.Chukwuemeka-Chikeka, the Vice Chancellor of Imo State University(IMSU), Professor U. U. Chukwumeze SAN, and the Dean Faculty of Law  of the University , Professor C. K. Okorie SAN, with the state government offering him automatic employment.

    According to the statement: “Oparaji’s success serves as a shining example of the impact of the  PUSG’ s mandate of  empowering aspiring lawyers to reach their full potential.

    “As a First Class Law Graduate of Imo State University and a First Class Graduate of the Nigeria Law School Bar Part II 2023/2024, sponsored by Prada Uzodimma through the Prada Uzodimma Law School Scholarship Grant (PUSG), Barrister Chinonso Oparaji’s achievements deserve the highest commendation.

    “Prada Uzodimma also extends her appreciation to the staff and management of the Law Faculty of IMSU for their dedication to delivering quality education.

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    “As we celebrate Barrister Chinonso Oparaji’s success, let us continue to nurture and support future leaders, reaffirming our commitment to excellence and growth.”

    “His remarkable achievement has not gone unnoticed as Imo State Governor, Hope Uzodimma, extolled his commitment to excellence and therefore offered   immediate and automatic employment for him, further affirming  the  state government’s  commitment to rewarding excellence and inspiring the younger generation to strive for greatness.”

    The PUSG is a collaborative Corporate Social Responsibility (CSR) initiative between Barrister Prada  Uzodimma and Principle Legal Consult, launched in 2021 to support deserving yet financially disadvantaged law students across Nigeria  by paying their Nigerian Law School tuition fees, and  has since inception supported 30 law students.

  • ‘Review Official Secret Act, Criminal Code, others’

    ‘Review Official Secret Act, Criminal Code, others’

    Socio-Economic Rights and Accountability Project (SERAP) has recommended the establishment of a legal framework that respects human rights.

    The group urged the Federal Government of Nigeria (FGN) to review laws like the Official Secrets, Criminal Code and Cybercrime acts for their restrictions on free speech and press freedom and amend them in line with international human rights standards and agreements, including the Windhoek Declaration for the development of free, independent and pluralistic press.

    SERAP made the requests through Dr. Bunmi Afinowi, a lecturer in the Faculty of Law, University of Lagos (UNILAG), during its launch of the report entitled: “State of civic space in Nigeria”, at GRA,  Ikeja.

    The organisation called for the strengthening of the independence of regulatory bodies like the National Broadcasting Commission (NBC) and the Nigerian Press Council (NPC) to ensure impartial regulation and promote self-regulation in the media, arguing that the recent decision of the Federal High Court on the powers of the NBC was a step in the right directions.

    While stating that the government should ensure a diverse representation in the NBC and NPC, including journalist unions, civil society, and academia, the rights organisation argued: “The judiciary has a role to play in this regard by ensuring that it upholds the rule of law and safeguards fundamental human rights as recognised and enshrined in the Constitution.

    “Bodies like the National Human Rights Commission, the Nigeris Union of Journalists, and relevant civil society must ensure prompt and thorough investigations into the attacks on journalists and hold perpetrators accountable.”

    Afinowi advocated the need for professional bodies and civil society to encourage coalitions and ensure adequate funding, capacity building and technical support for civil society organisations working on media freedom and human rights issues, adding that the Federand state governments should be tolerant of criticisms.

    Her words: “The Nigerian government should prevail on law enforcement agencies to refrain from arbitrary arrests and frivolous charges based on exercise of the right to freedom of expression.”

    SERAP further asked the Attorney-General of the Federation (AGF) to bring the laws in line with the Nigerian Constitution of 1999 (as amended) and international human rights obligations, including under the African Charter on Human and Peoples’ Rights and International Convention on Civil and Political Rights to which Nigeria is state party.

    Mrs. Funmi Falana (SAN), who represented her husband, Femi Falana (SAN), remarked that democracy is not just about voting but also entails the right of the people to determine how they are to be governed.

    Mrs. Falana said the law also provided for the people to express their minds when they are not being governed properly without fear of being detained, harassed or subjected to any restrictions.

    She listed the laws and conventions to which Nigeria is a signatory and which recognised freedom of expression and assembly.

    She lamented that despite these laws and conventions, people are still being harrassed while police detain journalists indiscriminately.

    The senior lawyer berated the government for not paying damages imposed by the court and wondered why they would not obey its laws.

    She noted that some judges are afraid to make declarations on public interest litigations while hiding under locus standi.

    She said the idea of locus standi is no longer applicable in our laws on public interest matters.

    Secretary to the Government of the Federation (SGF), Senator George Akume described  the civic space as the core of open democracy societies.

    Senator Akume said: “When the civic space is protected, citizens and civic society groups can meet, advocate, organise, and exercise their fundamental human and civil right such as access to information, freedom of association, freedom of assembly, freedom of expression, social attributes, peaceful builders and human rights defenders can also be free to mobilise citizens for peaceful moments, speak truth to power as well as seek for accountability and transparency from the respective government.”

    The SGF, who was represented by a Special Assistant, Simon Shingle, remarked: “Without a vibrant civil space, we cannot hold our leaders accountable, we cannot address the pressing issues facing our nation and we cannot fulfill the desperation of our people.

    “When we are discussing about civil space, the role media plays cannot be over emphasised.

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    “Media serves as an avenue in which information gets to the public, they play a crucial role in informing, educating, and engaging the public.’’

    Dr.Tony Ojukwu, the Executive Secretary, National Human Rights Commission (NHRC), Prof. Tony Ojukwu (SAN),  in his keynote address, stated that civic space in Nigeria  resonate the sentiment of Section 14 of the 1999 Constitution, as amended.

    Prof Ojukwu said this was because it converts the authority on the key code that gaurantee participation of the citizens in the government and in accordance in the provision of the constitution.

    He  said: “SERAP is here to govern and protect the civic space and rights of the citizen to express, associate.

    “Also the section 39 of the 1999 constitution of the Nigeria as amended says that “every person shall be entitled to freedom of expression including freedom to receive and impact ideas and information without interference. “Section 22 of the 1999 constitution places an obligation of on the  press, radio and television to and other agencies of general mass media to have all times to be free to uphold the responsibility and accountability of the government to the people.”

    He said the civic space have provided the impetus for Chief Security Officers (CSOs ) and journalists to impact democratic ideas on Nigerians.

    Hon.  Akintinde Rotimi jnr,  representing  Ekiti North 1 Federal constituency who is also the chairman House committee on Media and Public Affairs disclosed that they have legislative agenda, for the civil society, pointing out that they  are on the demand side of government and on the supply side of the civic society and the people. He however admitted that there is need for them to do more.

    “ If you are engaging , we need to know what is guiding us. We have a legislative agenda and I would love everyone to get a copy of it and be familiar with it.

    “We have a very clear plan to engage the public especially the civil society. We are very intentional to be the peoples’ house and engage robustly. We want to make sure we are interactive and engaging as possible”, he said.

    Hon. Rotimi remarked that in every democracy, conversations around civil space and media freedom is unending giving the importance and contributions to societal development.

    He said no amount of civil space can be described as too much or too little adding that he has crossed from the demand side of governance to the supply side of governance.

    He argued that the civil society need to address issues of inclusivity and diversity and that while advocating for inclusivity, CSOs must ensure that their structure and key decision makers and leadership reflect the diversity of the community that they serve.

    “For example, an organization advocating women right should ensure women also hold leadership positions in this organization. Even in youth, if you advocate for participation of young people in government, responsibility of so many civil society actors, I think you should be very intentional about building a successful generation of civil society actors that would be able to take it from the grass to great height.

    He however observed that civil society faces challenges from powerful actors and interests which limited their operations and in some cases making it difficult for them to operate freely.

    “CSOs must find ways to counter these traits and protect their autonomy. Civil society needs to check the worrisome issue or proliferation, organization that terms the reputation of civic actors. Many CSOs prefer to work in silos.

    “CSOs can collaborate and pull resources together and expertise to work on misinformation. CSOs can address this challenge by promoting media literacy and fact checking example. CSOs can partner with media organizations to verify  information before dissemination”, he argued.

  • Curbing abuse of the naira

    Curbing abuse of the naira

    Last Friday’s conviction of a cross-dresser, Okuneye Idris Olanrewaju (alias Bobrisky), has added to the number of individuals so far penalised for abusing the naira. In this report by Assistant Editor ERIC IKHILAE, lawyers suggest ways to ensure that extant statutory provisions are adhered to.

    The conviction on April 5 of cross-dresser, Idris  Okuneye, popularly known as Bobrisky by the Federal High Court in Lagos has added to the growing number of currency abusers penalised in the country in recent times.

    Okuneye had reported at the Lagos office of the Economic and Financial Crimes Commission (EFCC) on April 3 following an invitation over videos of him spraying naira at social events.

    The EFCC subsequently filed a six-count charge against him, in which he was accused, among others, of tampering with naira and violating the Money Laundering (Prevention And Prohibition) Act.

    Okuneye was, in count one, alleged to have tampered with N400,000 by spraying it while dancing at a social event at the IMAX Circle Mall, Lekki, Lagos and thereby committed an offence, contrary to and punishable under Section 21(1) of the Central Bank Act 2007 on March 24, 2024.

    He was, in count two, said to have between July and August 2023 at Aja Junction, Ikorodu, Lagos tampered with N50,000 by spraying it at a social event while dancing.

    In count three, he was alleged to have, in December 2023 at White Steve Event Hall, Ikeja, Lagos sprayed and tampered with N20,000 while dancing.

    Okuneye was, in count four, accused of spraying and tampering with N20,000 while dancing at another event in Oniru, Victoria Island, Lagos.

    He was, in count five, alleged to have, while trading under the name and style of Bob Express, between September 1, 2021, and April 4, 2024, in Lagos, failed to submit to the Special Control Unit Against Money Laundering (SCUMOL), a declaration of the activities of the said company, (Bob Express), within which period a total N127.7m was paid into the company’s account domiciled with Ecobank.

    In count six, he was accused of failing to submit a declaration of the activities of the company, within the same period, when another N53million was paid into the company’s account thereby committing an offence contrary to Section 6(1)(a), and Section 19(1) (f) of the Money Laundering (Prevention And Prohibition) Act and punishable under Section 19 (2) (b) of the same Act.

    Before his arraignment on Friday, the prosecution applied to withdraw counts five and six, following which Justice Abimbola Awogboro struck out both counts.

    Bobrisky pleaded guilty to the remaining four counts, following which Justice Awogboro convicted him.

    In his allocutus, Okuneye pleaded ignorance of the fact that his acts constituted offences. But, when reminded by the judge that ignorance of the law cannot constitute a defence, the defendant pledged to deploy his social media platforms to help the state propagate the anti-naira abuse message.

    The defendant said: “I know my lord. My lord, I wish you could give me a second chance to use my platform to inform and educate my followers about spraying money.

    “I would do a video on my page and I will educate people about spraying money. I will not repeat it, my lord; I regret my actions, my lord.”

    Following his plea for mercy, Justice Awogboro scheduled his sentencing for April 9 and ordered that he be remanded in EFCC custody.

     How EFCC got Okuneye

    An official of the EFCC, Bolaji Temitope, gave details of how the defendant was apprehended.

    Temitope said that based on intelligence, the EFCC sent out a team of operatives to monitor and observe the activities of suspects.

    “We usually visit event centres and monitor social media pages where naira is abused.

    “During the exercise, we came across a video on social media where the convict was seen abusing the Naira.

    “Our team then proceeded to view the video and burnt the same on CD. Consequently, the invitation letter was forwarded to the defendant.

    “When he (the defendant) honoured the invitation, the defendant was shown a video where he was spraying money on Segun Johnson. He confirmed that he was the one in the video.”

    Before Okuneye

    Before Okuneye’s case, the EFCC in February successfully prosecuted an actress – Oluwadarasimi Omoseyin – for the same offences.

    Omoseyin (also known as Simi Gold) was arrested by the Independent Corrupt Practices and Other Fraud Related Offences Commission (ICPC) on February 1, 2023, along Awolowo Road, Ikoyi, Lagos.

    The ICPC subsequently handed her to the EFCC, which later instituted a criminal proceeding against her before the Federal High Court.

    She pleaded not guilty on her first arraignment and was granted bail.

    But, earlier this year, she changed her mind and pleaded guilty to two counts of tampering with and spraying naira notes estimated at N100,000.00 at a social event.

    Upon her guilty plea, and after listening to the allocutus made by her lawyer, A. O. Afuye, Justice Chukwujekwu Aneke convicted Omoseyin and sentenced him to six months in prison.

    Justice Anele, however, gave her an option of a N300,000 fine.

    What the law says

    Two main laws penalise acts constituting currency abuse in the country.

    The laws are the Counterfeit Currency (Special Provisions) Act 1974 and the Central Bank Act 2007.

    A major currency offence under the Counterfeit Currency (Special Provisions) Act 1974 is the making of counterfeiting currency or having the materials needed to make a counterfeiting currency, with both offences punishable by life imprisonment.

    The law says: “Any person, who falsely makes or counterfeits any bank note or coin resembling any bank note or current coin which is legal tender in any country other than Nigeria, shall be guilty of an offence under this Act and on conviction thereof shall be sentenced to life imprisonment.”

    Under the law, it is also an offence to import and export, deal in, or possess any counterfeit currency.

    It further provides that “any person found committing an offence under this Act may be immediately apprehended without a warrant by any person and forthwith taken before a police officer thereafter to be dealt with according to law.”

    Read Also: CBN steps up measures to strengthen naira against dollar

    The Counterfeit Currency (Special Provisions) Act 1974 equally states that “anyone, who knowingly possesses counterfeit currency, is liable to imprisonment for a term not exceeding 21 years.”

    Section 21 of the Central Bank Act 2007 deals with offences relating to currency abuse.

    Section 21 (1) provides: “A person who tampers with a coin or note issued by the bank (CBN) is guilty of an offence and shall on notes and coins imprisonment for a term not less than six months or to a fine not less than N50,000 or to both such fine and imprisonment.”

    Sub-section 2 states that “a coin or note shall be deemed to have been tampered with if the coin or note has been impaired, diminished or lightened otherwise than by fair wear and tear or has been defaced by stumping, engraving, mutilating, piercing, stapling, writing, tearing, soiling, squeezing or any other form of deliberate and willful abuse whether the coin or note has or has not been thereby diminished or lightened.”

    Sub-section 3 says: “For the avoidance of doubt, spraying of, dancing or matching on the naira or any note issued by the bank during social occasions or otherwise howsoever shall constitute an abuse and defacing of the Naira or such note and shall be punishable under sub-section 1 of this section.

    “As provided in sub-section (4 “It shall also be an offence punishable under sub-section 1 of this section for any person to hawk, sell or otherwise trade in the naira notes, coins or any other note issued by the bank.”

    Sub-section 5(i) explains that the term ‘matching’ “includes spreading scattering or littering of any surface with any naira notes or coins and stepping thereon, regardless of the value, volume, occasion or intent.

    Sub-section 5(ii) states that ‘spraying’ “includes adorning, decorating or spraying anything or any person or any part of any person or the person of another with Naira notes or coins or sprinkling or sticking of the naira notes or coins in a similar manner regardless of the amount, occasion or the intent.”

    Past convictions

    A report on prison admission by type of offences, sex and year, released by the National Bureau of Statistics (NBS) showed that a total of 1,437 persons were imprisoned for currency offences in 2018, with men being 1,317 and women 120.

    In 2019, a total of 1,066 were imprisoned, with men being 992 and women 74.

    The figure dwindled in 2020 to a total of 731 persons, consisting of 688 men and 43 women.

    Criticism of EFCC’s approach

    Some lawyers have criticised EFCC’s handling of the Okuneye case, accusing it of dwelling on frivolities when serious financial crime cases are waiting to be addressed.

    One of such critics is a former Chairman of the National Human Rights Commission (NHRC), Chidi Odinkalu.

    Odinkalu said: “The EFCC should be ashamed of themselves. The power of arrest and prosecution is a public trust that should not be weaponized for the persecution of those whom they don’t like.

    “It is either EFCC is evidently idle or this is a clear abuse of power.”

    In a subsequent article, Odinkalu added: “The law that establishes the EFCC defines ‘economic and financial crimes’ to mean ‘non-violent criminal and illicit activity committed with the objectives of earning wealth illegally either individually or in a group or organised manner thereby violating existing legislation governing the economic activities of government and its administration.’

    “At the court, the EFCC dropped the two counts relating to money laundering, ultimately charging Bobrisky only with crimes connected with so-called ‘abuse of the Naira.’

    “Having dropped the only charges that could remotely fall within the purview of economic or financial crime, the EFCC forfeited any claim to acting within law or in the public interest because abuse of the Naira, whatever that means, is outside the statutory scope of crimes that it can prosecute.”

    But the EFCC accused Odinkalu of recklessness in his comments.

    Head of Media & Publicity, Dele Oyewale, said: “The Commission views such commentaries from Odinkalu as unbecoming of a former head of a major government agency. 

    “Okuneye was arrested and arraigned by the Commission on the basis of clear cases of abuse of the Naira to which he has pleaded guilty.

    “Odinkalu has a right to free speech as a Nigerian but such a right should be exercised with decorum and responsibility.

    “The Commission would not hesitate to take appropriate legal actions against such uncouth commentaries against its lawful mandate by anyone.

    “Odinkalu is warned and advised to ventilate his rascally opinions more responsibly in future situations.”

    Some X (formerly Twitter) users backed Odinkalu.

    @Adewale Damilare said: “You quickly reacted to this but became deaf to the discoveries by Fisayo as to Customs officers.”

    @Dr. Saint Dikachi said: “How many politicians have you arrested that abused naira? I am not a fan of Bobrisky but selective justice is not good as well.

    “What also stops you from arresting…(those) who stole our commonwealth especially those in APC?”

    Double standards?

    Some criticised what they perceived as a double standard in the application of the law as it relates to the prosecution of currency abusers.

    They noted that instances abound where law enforcement agencies turn a blind eye when certain categories of people are involved in the abuse of naira.

    They cited the case involving ex-President Muhammadu Buhari, whose daughter, Hanan, got married to Mohammed Sani Sha’aban, at the presidential villa on September 4, 2020, during which guests were captured on video spraying money on the smiling couple.

    The governorship candidate of the Peoples Democratic Party (PDP) in the last election in Kogi State, Dino Melaye, was seen on video spraying notes on a singer, Yinka Ayefele, at his mother’s burial in 2019.

    The Chairman of Cubana Group, Obi Iyiegbu, popularly known as Obi Cubana attracted controversy in July 2021 when he buried his mother in Oba, a town in the Idemili South Local Government Area of Anambra State.

    Several videos went viral, showing celebrities, businesspeople and politicians spraying money indiscriminately during a concert held after the interment of the deceased.

    To date, it is not in the public domain that anyone was prosecuted for the infraction recorded in those instances cited.

    Another lawyer, Anthony Agbudu suggested an amendment to existing legal provisions to recognise the spraying of naira at social events since the practice forms part of a long-standing tradition among most tribes or ethnic groups in the country.

    Agbudu added: “You know that this practice of spraying money has been with us over the years. It has, more or less, become part of our culture.

    “There is no part of the country where the spraying of money at social events is not practised. It is seen as part of the celebration.

    “What the government should do is to prescribe how such spraying should be done in a way that the notes would not be damaged.

    “Such prescribed method should be well publicised so that many people could be well guided. I doubt if this practice can be fully discouraged among ur people,” Agbudu said.

     How to ensure adherence to law

    Lawyers like Otunba Tunde Falola, Daniel Makolo and Oluwole Adaja are of the view that there was no basis to criticise the EFCC in its handling of the Okuneye case.

    Falola and Makola even suggested stiffer penalties to ensure adherence to existing legislation on the issue.

    Falola said: “Well, I want to disagree with those critics, who suggest that the EFCC jettison the enforcement of the provisions of the Central Bank of Nigeria Act and subsequent prosecution of the violators of the law.

    “It must be emphasised that the jurisprudence behind the enactment of our laws is the betterment of our society.

    “In other words, once a law is enacted, the responsibility of enforcing the same shifts to the authority or agency saddled with such responsibility,” he said.

    Falola argued that in any event, no law is more important than the other under the nation’s jurisprudence.

    He added: “The same way attention is given to offenders, who steal or corruptly enrich themselves, it should also be shifted to someone, who violates the provision of the law that tends to protect our currency.

    “Doing otherwise will amount to embarking on selective justice which will be inimical to the administration of justice.”

    Makolo is of the view that the prosecution of Okuneye for spraying naira notes is a plus for him because it provides him with the publicity he desires.

    He argued that “the measures needed to be adopted to discourage abuse of naira in Nigeria is that we need to reinvigorate respect for national values.”

    Makolo faulted those who argued that the EFCC should focus on more serious national economic crimes, noting that they “are missing the point, because any form of abuse of our national symbols and values should be placed on the same scale as any economic crime.

    “They all amount to national sabotage, which affects us all systematically. “

    Adaja argued that the EFCC has the power to arrest and prosecute any person suspected to have tampered with and/or abused the naira note issued by the CBN, citing Section 6 of the EFCC Act.

    He added: “In my humble view, given the duties of the EFCC, the arrest and prosecution of Idris Olanrewaju Okuneye, popularly known as Bobrisky, is a welcome development.

    “No patriotic citizen of this country should encourage any act capable of defacing, mutilating, piercing, stamping, spraying, squeezing or destroying the naira note under any guise.

    “It costs a lot of money to print the naira note and as such, should be preserved and valued,” Adaja said.

    How adequate are existing measures?

    Falola argued that to arrest the situation of the constant abuse of naira notes, the punishment should be reviewed upward.

    He added: “A violator should not be given the option of fine if convicted by a competent Court of law.

    “To further discourage the abuse of the naira note, the punishment section of the law should be amended to make provisions for stringent punishment.

    “To facilitate economic growth and development, the protection of our naira notes from all forms of abusive tendencies is a must,” Falola said.

    Makolo argued that the punishment of six months imprisonment or a fine of N50,000 or both, provided for by Section 21 (1) of the CBN Act is not enough deterrent.

    He added: “It is only in Nigeria that abnormal official or some private behaviours are seen as heroic acts, depending on who is involved, his tribe and religion.

    “The wrongful actions or attitudes of such a fellow become a serious national conversation and consideration in determining the punishment to be given.

    “Issues relating to abuse of office, abuse of public trust and abuse of naira are all abuses of our values and national integrity. We must learn to punish these abuses severely regardless of who’s involved.

    “We must do enough sensitisation among the citizens about the need to respect our national symbols.

    “These and many of such positive measures would go a long way to discourage abuses of national symbols which naira represents herein,” Makolo said.

    Adaja is of the view that the punishment as stipulated in Section 21(1) of the CBN Act “is sufficient to deter any act of abuse or defacement of the naira note.

    “I also believe that punishments such as community service and supervision should be encouraged rather than imprisonment.”

    Adaja said the government needs to do more to enlighten, sensitise and encourage the citizens to value the naira note and strengthen our laws to protect the naira note from abusers.

    “The law enforcement agencies also need to collaborate with the CBN to ensure compliance with the laws protecting the naira note,” Adaja added.

  • Businessman petitions IGP over ‘malicious’ prosecution

    Businessman petitions IGP over ‘malicious’ prosecution

    A businessman, Raqeeb Quadri Adeshile, has petitioned the Inspector-General of Police (IGP) over multiple ‘malicious’ criminal charges filed against him by the police.

    He is seeking the withdrawal of the charges filed at the instance of a business partner, Musa Akinleye.

    In a December 13, 2023, petition by his lawyer, Jedidiah F. Akpata, Adeshile called for a comprehensive investigation of all the issues that gave rise to the multiple charges against him.

    He drew the IG’s attention to the two charges – FCT/CR/260/202 and LD/21904C/2023 – filed against him before the High Court of the Federal Capital Territory (FCT) and the Lagos State High Court on the same allegations.

    The petitioner, a maritime professional, said sometime in 2018, he approached Akinleye with the offer to use his company name to secure maritime deals, especially container terminal contracts.

    As a result, he said he was made a- 45 per cent shareholder and director of Orbzenergy Limited.

    The petitioner said he was in charge of the day-to-day running of the business at its operational site in Lagos, while Akinleye was the managing director and the sole signatory to its accounts.

    The petitioner stated that he was unlawfully removed as a director, with a petition written against him to the Economic and Financial Crimes Commission (EFCC).

    Adeshile said he was accused of financial misappropriation despite not being a signatory to the accounts

    His lawyer wrote: “Before our client could respond, he was arrested at Ibadan and brought to Abuja to answer to a charge filed at the High Court of the Federal Capital Territory sitting at Abuja, where he is currently standing trial.

    “We would like to bring to your attention the fact that there has been a series of lawsuits filed, both civil and criminal, between the same parties and over the same issue which is the predicate of this instant suit filed by your good office against our client, which hitherto may not have been drawn to your attention, in order to help you sir, to assuage our position.

    “We, therefore, urge you to take cognizance of the following court cases pending against our client:

    “Our client was charged by the EFCC in suit No: FCT/CR/260/2021 between Federal Republic of Nigeria v Quadri Raqeeb Adeshile.

    Read Also: IGP orders promotion of 10, 581 inspectors, others

    “In this suit, two of the counts currently filed by your good office namely: Count 1 and Count 2 are already before the FCT High Court for adjudication.”

    The lawyer said the case instituted against Adeshile at the High Court of Lagos State was in bad faith and amounts to a lack of fair hearing, abuse of the court process and deprivation of constitutional safeguards.

    The petitioner said he wrote a petition against Mr. Akinleye over an alleged abuse of office at the Force CID in Abuja “which has so far been swept under the carpet”.

    He was of the opinion that there was an “attempt by unscrupulous people to sabotage the wheels of justice by using the force as an instrument to advance their own interest”.

    Akpata added: “Our allegation on this point is founded on the fact that after the petition submitted against Mr. Akinleye was received, nothing was done in respect of the file.

    “It was this discrepancy that led the former DIG to instruct that the two petitions (the one written by Mr. Musa Akinleye and our client) be harmonised and investigation conducted into same.

    “Quite unfortunately, the team tasked with this duty did not harmonise the petition but went on to charge our client to court without acting on our client’s petition, thereby misleading the legal department into filing these instant charges against our client.

    “This further led to the file being retrieved from that unit and handed over to the Commissioner of Police in charge of Police Special Squad Unit to reconcile these fundamental differences.

    “It is with utmost humility that we are appealing to you sir to use your good office to intervene and ensure that justice is done in this matter, and not allow our client to be a victim of malicious prosecution and double jeopardy,” the lawyer wrote.

  • Police ‘defy order to remand alleged contemnor’

    Police ‘defy order to remand alleged contemnor’

    Dada Aigbe, ordered  to be remanded in the custody of the Nigeria Correctional Services (NCoS) for contempt, is roaming Lagos roads as the police have defied a court order issued almost a month ago.

    Justice Akintunde Savage of an Ikeja had, on Monday, March 11, 2024, issued the order for the arrest of Aigbe, who is the chairman of Confidence Cargo, Freight Forwarder.

    Justice Savage had ordered: “Mr Dada Aigbe is hereby committed to Kirikiri Maximum Prison for a period of one (1)  month or until he purges himself of the contempt of this court and files an affidavit to henceforth not disobeys this court or any other court order.”

    The judge had ordered the arrest of the businessman for allegedly interfering in a land matter before the court.

    The Claimant in the land dispute in suit ID/3831LMW/2016 is Oba Shakirudeen Adeshina Kuti (for himself and on behalf  of the Abolarinwa family).

     The Osolo of Isolo, Oba Agbabiaka Kabiru Orisedeko Kuti, and the Baale of Mafoluku, Ajao Estate, Chief Hussam Raheem Shekoni Elemo, are defendants in the matter.

    The court order was sequel to forms 48 and 49 contempt proceeding filed against Aigbe, the application which was filed and moved by counsel to the Claimant and judgment creditor, Mr. Maruf Jimoh-Akogun, in the suit marked no ID/3831LMW/2016.

    Read Also: Police recruitment: Specialist applicants set for tests, medical screening April 16

    To effect the order of the court , the Deputy Sheriff of High Court, took a “Request for Police Assistance” form dated March 18 to the Commissioner of Police, Lagos State Command and the form was received same date.

    The Sheriff in the form stated that, “Under the provision of section 11 Sheriff and Civil Procedure Cap 127 Laws of Lagos State, 1973, that police will be providing constable to accompany the Sheriff to No 7a Adeola Ajayi Crescent, Airport Road, Lagos State to execute the warrant,”

    It was gathered that after Aigbe was arrested by the police officers at the NAHCO Airport and handed  over to officer in charge of Crack Squad, CP Joel Ugowe at the Lagos Command who allegedly released him contrary to order of the court.

    When the judiciary correspondents called CP Joel to confirm whether Aigbe had been handed over to the Kirikiri Maximum prison as ordered by the court, he directed them to come to Police Command Ikeja saying the issue was not a phone conversation.

    Upon getting to the command at the appointed  time, the policeman said he was with the Commissioner of Police for over three hours and all  attempts made by the reporters to see him proved futile.

    When contacted, the Lagos Public Relations Officer (PRO) of the Nigeria Correctional Services (NCoS), Lagos State, Rotimi Oladokun explained that if the police had brought the suspect in line with the order of court, it would be documented in their office.

    Olatokun said the  Freight Fowarder,  Aigbe was not in their custody in any of the NCoS centres in Lagos.

    “As at April 3, 2024, there was no record of the named person in our custodial centre. Kindly contact the arresting or prosecuting agency”, Oladokun said.

    The contempt proceeding application had been moved on January 18  by Jimoh-Akogun on behalf of Oba Shakirudeen Adeshina-Kuti for themselves on behalf of the Ajamogun/Onikotun family of Ewu kingdom.

    The claimant had filed the application against the traditional ruler in Isolo, Oba Agbabiaka Orisedeko-Elemo and the Baale Mafoluku Ajao Estate, Chief Hussam  Shekoni-Elemo as the first and second defendants respectively.

  • Elevating justice: Law, legal profession in national development

    Elevating justice: Law, legal profession in national development

    • By Benjamin Kalu

    Learned friends on the Bench, and at the Bar, ladies and gentlemen, I welcome you to the 2023 Law dinner and awards ceremony of the prestigious NBA Gwagwalada branch.

    It is an honour to deliver this keynote address on the critical role of law as an instrument of justice and the legal profession as a catalyst for national development.

    Thomas Hobbes, the prominent 17th-century philosopher, in his seminal work “Leviathan,” contemplated the state of society without the guiding hand of the law. As you would expect, it was not a palatable scenario, he, therefore, submitted that in the absence of a structured legal framework, human life would be characterised by chaos.

    As individuals in their natural state, would be in a constant state of conflict and competition, singularly guided by selfish interests. So to enable peace and societal development, he advocated for the establishment of a sovereign authority to maintain law and order.

    An understanding of Hobbes’s theoretical foundation is essential to appreciating the stabilising influence of the law in any society.

    In the context of Nigeria, the uniqueness of the judiciary is in its ability to uphold the rule of law, foster harmony, protect citizens’ rights, and act as a unifying branch of government, that reinforces public faith in the system.

    Arguably, this is the philosophical origin of the common phrase “the judiciary is the last hope of the common man”.

    Nigeria’s laws, as designed, set the foundation for the principles of fairness, equity, and justice for all.

    The exemplary and comprehensive provisions of Chapter IV of the 1999 Constitution1 of Nigeria (as amended) have been the subject of constant litigation, to which the judiciary has continued to rise to the defence of the common man.

    In the landmark cases of Onyibor Anekwe v Maria Nweke and Ukeje v Ukeje, the Supreme Court of Nigeria in upholding the fundamental rights from discrimination protected by Section 42 of the 1999 Constitution, held that a custom that denied women’s right to inheritance is repugnant to natural justice.

    Ogunbiyi J.S.C in the Anekwe case clearly stated that “a custom of this nature in the 21st-century societal setting will only tend to depict the absence of the realities of human civilisation.”

    Since the delivery of these landmark judgments, a host of discriminatory customary practices in Nigeria have been subjected to scrutiny, thereby emphasizing the societal context and human impact of legal decisions.

    It is, therefore, evident that the transformational role of the law in the advancement of any society cannot be understated.

    Without a doubt, the responsibility of the legal community extends far beyond the courtroom. It encompasses advocacy for legal reforms, promotion of public awareness, and the upholding of ethical standards that underpin the pillars of justice.

    Lord Denning, the erudite jurist and most influential judicial figure in recent history, who incidentally was referred to as the ‘People’s Judge’, once remarked that “justice must not only be done; it must be seen to be done.”

    This further encapsulates the essence of public trust in the legal system, a trust that must be earned and maintained through the ethical and impartial conduct of legal practitioners. But can we of the legal profession truly say that our legal compass has been guided by these principles?

    The legal profession, as stewards of the law, bears a responsibility to uphold the principles of fairness, and justice. They are the intermediaries between law and society, thus translating legal principles into practical outcomes that impact the lives of Nigerians from all and sundry.

    The American Federalist Papers, a collection of essays written by Alexander Hamilton, James Madison, and John Jay, provide a valuable lens through which we can examine whether we of the legal profession in Nigeria can truly assert that we uphold high ethical standards and uphold the law in the way that promotes the greater good of society.

    For example, in Federalist Paper No.78, particularly written by Alexander Hamilton – he argues eloquently that an independent judiciary is essential for ensuring the impartial application of the law and the protection of individual rights.

    Therefore, in the Nigerian context, the legal profession has not only the moral imperative but the existential potential to play a key role in national development.

    It can do so by advocating for legal reforms that address pressing social and economic challenges, educating the public about their legal rights, and continuously upholding ethical standards without ceasing.

    There are, however, significant challenges that continue to hinder the legal profession from fulfilling its transformational potential to promote national development in Nigeria.

    One key challenge is the people’s lack of access to justice. Many Nigerians lack the financial resources or even the knowledge to access the legal system.

    Read Also: Lagos lawmaker seeks citizens support for Tinubu

    This is not surprising considering Nigeria’s multi-generational fight against poverty. This state of lack and want hinders the ability of a lot of Nigerians to seek redress for grievances and protect their rights.

    Another significant challenge is inefficiency and the encroachment into the institutional independence of the judiciary by the other respective branches of government, be it at the state level or the federal level. This can delay justice, undermine the public trust in the judiciary, and stifle the ability of the judiciary to dispense justice expansively.

    An underreported challenge is the lack of diversity in the legal profession. As a champion of gender equality, gender inclusion, and gender equity, this is dear to me.

    The underrepresentation of women legal practitioners in some geopolitical zones in the country continues to limit the perspectives and experiences that are important regarding salient legal issues in the country.

    To address these challenges, we must work together to strengthen the legal system, promote access to justice, deploy technology to optimize processes in the judiciary, promote gender inclusion in the legal profession, and uphold ethical standards.

    The pursuit of justice must go beyond courtroom victories. It demands that we must be guided by the principles of fairness, equity, and access to justice, ensuring that the law serves as a tool for positive transformation in our society.

    In conclusion, law is not merely a set of rules; it is a tool for creating a just and fair society. Therefore, as legal practitioners, we must embrace our collective role of elevating justice and serve as catalysts of national development.

    • Deputy House of Representatives Speaker Kalu delivered this keynote address at the NBA Gwagwalada Branch 2023 law week.