The fourth Annual General Conferenceof the NBA Women Forum came to a close with a dinner and awards night at the Oriental Hotel on Victoria Island, Lagos.
By all accounts, it was a glamorous affair with many highlights.
Attendees – dressed in gorgeous evening wears – dined, wined, networked, took photos with old and new friends and danced to their favourite contemporary Nigerian pop music numbers.
The opening speeches of welcome were given by the Chairperson of the NBAWF, Mrs. Chinyere Okorocha and the Conference Planning Committee, Mrs. Folashade Alli (SAN).
After that, it was the turn of the dinner chairperson, the renowned arbitrator, Mrs. Funke Adekoya (SAN), who spoke to the theme and essence of the 2024 NBAWF Conference and International Women’s Day event with her usual insight and eloquence.
Mrs. Adekoya’s speech was followed by the keynote address, delivered by a representative of the guest speaker, Dr. Olasupo Olusi, Chief Executive Officer of the Bank of Industry.
The Dinner and Awards Night also featured goodwill messages from Mr. Chukwuka Ikwuazom, SAN (Partner at Aluko & Oyebode); Mrs. Joyce Oduah (Partner at Joyce & Okey Oduah LP); Mr. Tobenna Erojikwe (Partner at the Law Crest, and Chair of the NBA Institute for Advanced Legal Studies, ICLE); and Mazi Afam Osigwe (SAN), a former NBA General Secretary and Senior Partner at Law Forte.
Of the evening’s many highlights, there were many gestures of appreciation to individuals, corporate organisations and entities whose contributions ensured the success of the conference.
The Forum’s pioneer Governing Council members were recognised, as well as a special session during which the patrons of the NBA WF were unveiled and honoured.
Among them were Nigeria’s first female SAN and matriarch of the Bar, Chief Folake Solanke and the first (and so far, the only) female Chief Justice of Nigeria, Justice Aloma Mariam Mukhtar.
Others were retired Justice of the Supreme Court Mary Odili; the only female President of the NBA in its long history, Mrs. Priscilla Kuye; the first female NBA General Secretary Mrs. Hairat Balogun; immediate past Chairperson of the NBAWF, Prof. Oluyemisi Bamgbose (SAN); and a former Chairperson of the NBA’s Section on Business Law (SBL), Mrs. Mfon Usoro.
There were yet more highlights, such as a raffle draw during which prizes were won by many guests.
There was a pulsating dance performance by the Waw Factor group as a highly enjoyable evening and an unforgettable conference experience finally drew to a close.
Former Governor of Ekiti State, Dr. John Kayode Fayemi has been honored with the International Law Outstanding Achievement Medal by the International Law Association, (ILA) Nigerian branch.
Similarly, the International Law Outstanding Achievement Medal (Academic Category) was presented to Professor Mohammed Tawfiq Ladan, the Director General of the Nigerian Institute of Advanced Legal Studies.
The award was presented at the President’s Dinner and Award Night organized as part of the 7th Annual Law Conference of the Association held in Abuja. The event had in attendance more than 100 participants both in person and online.
The event featured a high-level keynote conversation with Dr. Fayemi.
The conversation reflected upon the extraordinary career of Dr. Fayemi who rose from humble beginnings to receive a doctorate degree in international diplomacy from King’s College London, become former Governor of Ekiti State, former Chairman of the Nigeria Governors’ Forum (NGF), former Minister of Mines and Steel Development in the Government of President Muhammadu Buhari between 2015 and 2018, and pioneer President of the Forum of Règions of Africa.
While speaking on his foray into public service and international diplomacy, Dr. Fayemi noted that his passion for research and advocacy spurred in him a passionate desire to contribute his own quota to national development.
He noted the need for Nigeria to parade the best minds at the international level if the country is to regain its place of pride in international diplomacy.
He decried the prevailing absence of Ambassadors in key diplomatic posts and how this may significantly hinder ongoing steps by government to attract foreign investment, including diaspora direct investments, which he notes are urgently needed to accelerate Nigeria’s path towards sustainable development.
Professor Ladan, who was born in Kano, is a distinguished and globally regarded professor of comparative human rights, environmental law, energy and sustainable development law and practice, with more than 34 years teaching, research and graduate and postgraduate supervision experience.
The eminent professor has authored over 16 books; over 80 journal articles and over 100 national and international conference/seminar papers. He is a member of the IUCN Academy and Commission on Environmental Law, a Hubert Humphrey Fellow, USA and Member, World Jurists Association, USA.
While presenting the awards, the President of ILA Nigeria, who is also an independent expert of the United Nations Working Group on Business and Human Rights, Prof. Damilola Olawuyi (SAN) noted that the Outstanding Achievement Medal is the highest and most prestigous award of the ILA, which is presented for outstanding lifetime contributions in the field of international law and diplomacy.
He noted that the inaugural prize was presented in 2023 to a former Attorney General of the Federation of Nigeria and former member of the International Law Commission, Chief Bayo Ojo, (SAN).
He said “Recipients of this prestigious award represent Nigeria’s finest in terms of foreign policy and diplomacy.
“We are greatly inspired by their exemplary dedication to international law and diplomacy as well as their consistent track record of mentoring the next generation.” Olawuyi stated.
Several dignitaries and leading international law experts attended the dinner ceremony, including the Speaker, Ekiti State House of Assembly, Hon. Adeoye Aribasoye, the Chairman, Committee on Information, National Orientation, Ethics and Value, Federal House of Representative, Hon. Fatoba Olusola Steve, the Director-General of Ogun State’s Public Private Partnerships Agency, Dr. Dapo Oduwole, members of the judiciary, and the Director of the Nigeria Country Office of World Intellectual Property Organization (WIPO) Dr. Oluwatobiloba Moody amongst other dignitaries.
The ILA was founded in Brussels in 1873. The ILA now has some 3,500 members in 45 national and regional branches around the world. It is headquartered in London under the leadership of Professor Christine Chinkin.
ILA’s objective, under its constitution, is to promote the ‘study, clarification and development of international law’. ILA has consultative status with a number of the United Nations specialized agencies.
Membership of the ILA is open to anyone, including lawyers and non-lawyers, interested in international law.
The Nigerian Branch of the ILA regularly hosts innovative lectures, seminars, conferences, and other capacity development programs to advance the study and understanding of international law in Nigeria.
A Yaba Magistrate Court in Lagos has issued an arrest warrant against a 49-year-old self-acclaimed property developer, Abiola Afolabi Sarafadeen.
It is over his failure to appear to face trial on charges of fraud and stealing levelled against him by the police.
The defendant was arraigned before Chief Magistrate Ademola Olatunbosun in a charge marked A/124/2023 on September 20, 2023.
He was accused of obtaining by false pretence and stealing N8.4 million.
The prosecution said Sarafadeen fraudulently obtained the money from Monsurat Shobowale Olabisi, with the pretence of building three units of bedroom flat for her, a presentation the prosecution said he knew to be false.
The offences, according to the prosecutor, Mrs. Rita Momah, a Superintendent of Police, contravene sections 314 and 287 of the Criminal Laws of Lagos state of Nigeria 2015, and are punishable under the same Laws.
Sarafadeen denied the allegations and pleaded not guilty to the charges.
Following his not-guilty plea, he was granted bail for N1 million with two sureties in like sum.
Chief Magistrate Olatunbosun also ordered that the sureties must be gainfully employed, with evidence of three-year tax payment.
Momah informed the court that the defendant had flagrantly refused to appear before the court for trial since being granted bail.
She prayed the court to issue a bench warrant against the defendant.
Chief Magistrate Olatunbosun acceded to the prosecutor’s request and held: “The defendant is placed on a bench warrant and surety to show cause.”
The charges read: “That you Abiola Afolabi Sharafadeen ‘m’ on 22nd March 2021 in the Lagos Magisterial District did obtain the sum of N8,400,000 from one Monsurat Shobowale Olabisi ‘f’ under the pretence that you are going to build three units of bedroom flat knowing same to be false and thereby committed an offence punishable under Section 314 of Criminal Laws of Lagos state of Nigeria 2015.
“That you Abiola Afolabi Sharafadeen ‘m’ on the same date, time and place in the aforementioned Magisterial District did steal the sum of N8,400,000 property of Monsurat Shobowale Olabisi’ ‘f’ and thereby committed an offence punishable under Section 287 of Criminal Laws of Lagos State of Nigeria 2015.”
The case has been adjourned till April 10 for mention.
Temidayo Adekanye, son of a former Chief Executive Officer of the defunct Commerce Bank Ltd, the late Dr Femi Adekanye, has filed a legal action before the National Industrial Court in Lagos against the Nigerian Interbank Settlement System Plc, challenging the alleged wrongful termination of his appointment.
In the suit marked NICN/LA/56/2024 and filed by his lawyer, Wahab Shittu (SAN), Temidayo is also demanding N1.41 billion in damages for the unlawful termination of his appointment without due process.
The claimant is also asking the court to hold that the termination of his employment on January 15, 2023, is unlawful, wrongful and unjustified and wants the court to reinstate him to his position as though he had never been terminated.
Adekanye is further asking the court to direct the Nigerian Interbank Settlement System to pay all his salaries, allowances and or other perquisites accruable to his office from the date of the purported termination until judgment is delivered.
He is also asking the court to hold that he is entitled to all the promotions which he would have had but for the purported termination.
Adekanye further claimed that he was employed by the Defendant, pursuant to a letter of employment dated the 7th of December, 2020, as the Chief Risk and Compliance Officer (Grade: General Manager (GM) Senior Vice President (SVP) with effect from January 15, 2021.
He added that his employment is regulated by the rules and regulations in the Human Capital Policy of the organisation and shall be found upon at the trial.
The claimant stated that despite the accolades and acknowledgement of his versatility and resourcefulness which endeared him to serve either as a member or chairman of various committees, his appointment was ignobly terminated through a letter dated January 15, 2023.
He claimed that upon being offered employment, he demonstrated the required experience, expertise and highest professionalism attached to such a position that his versatility and resourcefulness endeared him to serve either as a member or chairman of committees.
These are Information Technology Steering Committee (IT) SteerCo) – chairman; Disciplinary Committee – chairman; Enterprise Resource Planning Committee (transferred based on workload) – member; Executive Committee (ExCo) – member; Management Risk Review Committee (MRRC) – member; Service Review Committee – member; and Monthly Performance Review Committee – member.
The claimant avers that throughout the period of his employment, he served the defendant diligently and was never involved in any disciplinary misconduct.
A former Nigerian Bar Association (NBA) president Dr Olisa Agbakoba (SAN) has urged the Federal Government to place the private sector at the center of economic development.
Referring to the crash in international flight tickets due to the entrance of Air Peace, and the potential impact of the Dangote refinery, he said more would be achieved if more local players were empowered.
“Imagine what 10, 20 or 50 private sector individuals can do,” Ag bakoba said in a statement entitled: “Is the economy beginning to turn?”
It reads: “Nigeria’s economy has gone through very challenging times over the past year.
“Inflation reached 28.92 per cent in December 2023, the highest in 27 years. Food inflation rose to 33.93 per cent in December 2023.
“The naira depreciated significantly, losing 25 per cent of value in a single day in June 2023 when the government removed pegging to the US dollar. This made imports much more expensive.
“Removal of fuel subsidies in May 2023 caused petrol prices to jump by 196 per cent practically overnight, from N189 to N557 per litre. Prices went through the roof!
“According to the World Bank, accelerating inflation pushed an additional 24 million Nigerians into poverty in the first five months of 2023.
“By late 2022, 63 per cent of Nigerians (133 million people) were considered multidimensionally poor.
“Major foreign companies like Procter & Gamble, GSK, and Bayer stopped manufacturing and scaled back operations in Nigeria, due to a tough operating environment. This resulted in massive job losses.
“However, there may be signals the economy may be turning.
“Dangote refinery commenced sales of diesel, significantly increasing supply and crashing prices significantly.
The Nigerians in Diaspora Organisation (NIDO) Americas has commended the Federal Government’s recent rescue of 137 school children kidnapped in the Kuriga community, Chikun Local Government Area, Kaduna State.
It stressed the urgent need for broader solutions to Nigeria’s pervasive insecurity challenges.
The pupils were released after 17 days in captivity.
Their release came a day after another group of 17 pupils abducted on 9 March from a school in Sokoto State were freed.
While applauding the swift action in the Kaduna case, NIDO Americas noted that numerous other kidnappings occurred without similar public attention.
When President Bola Tinubu hosted judicial officers to iftar at the State House last Tuesday, he said they had “one of the most unrewarded responsibilities” in the country.
At the event were Chief Justice Olukoyede Ariwoola and his predecessors Walter Onnoghen and Mahmud Mohammed.
Tinubu said: “I recognise that the judiciary has one of the most unrewarded responsibilities. They are yet to modernise equipment and recordkeeping, and their progress towards improvement is slow.
“When you look at the career path of a judicial officer, they cannot practise the vocation for which they were trained after retirement.
“While the framers of the law may have their reasons, I perceive this differently and see this from a fair compensation angle that should benefit all.”
Backing words with action
The President had earlier forwarded “A Bill for an Act to Prescribe the Salaries, Allowances and Fringe Benefits of Judicial Office Holders in Nigeria and for Related Matters 2024”.
The House of Representatives, on March 20, passed the bill, with a total monthly package of N5.39 million for the Chief Justice of Nigeria (CJN), including allowances.
In the executive bill, other justices of the Supreme Court are to earn N4.21 million monthly, while the President of the Court of Appeal is to earn N4.48 million.
The bill seeks to amend Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc) Act, No. 6, 2002 (as amended) by deleting Section 2(b), Part II of the Schedule to the Act.
When signed into law, the legislation will take effect from January 1, 2024.
A breakdown of the bill shows that the CJN is entitled to N13.46 million annual basic salary or N1.12 million monthly basic salary.
The CJN, by the provisions of the bill, is also entitled to N51.16million annual regular allowances or N4.26million monthly regular allowances.
The CJN is also entitled to non-regular allowances of a N6.73million leave allowance (when applicable), N142,500 Duty Tour Allowance (per night); $2,000 estacode (per night), N80.78million severance gratuity (after successful completion of tenure) and N53.85million as vehicle loan (to be repaid before expiration of tenure), while professional development assistant is to be paid from the NJC pool.
Other justices of the Supreme Court are to earn N9. 91million annual basic salary or N826,116.19 monthly salary.
The justices are each entitled to N50. 56 million annual regular allowances or N4.21 million monthly regular allowances.
Each of them is also entitled to non-regular allowances of N9.91million rent (annually), a N4.96million leave allowance (when applicable), N100,000 duty tour allowance (per night); $1,300 estacode (per night); N29.74m severance gratuity (after successful completion of tenure), N29.74million furniture allowance and N39.65million as motor vehicle loan (to be repaid before expiration of tenure), while Professional Development Assistant is to be paid from the NJC pool.
The Court of Appeal president is to earn N9. 91million annual basic salary or N826,116 per month.
He/she is entitled to N53million annual regular allowances or N4.48m monthly regular allowances; non-regular allowances of N9 91m rent (annually); N4.96million leave allowance (when applicable), N100,000 duty tour allowance (per night); $1,300 estacode (per night); N29.74million severance gratuity (after successful completion of tenure), N29,74million furniture allowance and N39.65million as motor vehicle loan (to be repaid before expiration of tenure), while professional development assistant is to be paid from the NJC pool.
Each of the Justices of the Court of Appeal will earn N7.99 million annual basic salary or N665,475 monthly salary and will be entitled to N44.72million annual regular allowances or N3.73million monthly regular allowances.
They are also entitled each to non-regular allowances of N7.99million rent (annually); N3.99 million leave allowance (when applicable), N85,500 duty tour allowance (per night); $1,100 estacode (per night); N23.96million severance gratuity (after successful completion of tenure); N23.96million furniture allowance and N31.94million as motor vehicle loan (to be repaid before expiration of tenure), while professional development assistant is to be paid from the NJC pool.
Chief Judge of the Federal High Court, President of the National Industrial Court, Chief Judge of FCT High Court, Grand Khadi of FCT Sharia Court of Appeal, Resident FCT Customary Court of Appeal, Chief Judge State High Court, Grand Kadi State Sharia Court of Appeal and President State Customary Court of Appeal are entitled to the same salaries, allowances and fringe benefits.
Judges of the Federal High Court, National Industrial Court, FCT High Court, FCT Customary Court of Appeal, State High Court, State Customary Court of Appeal, Kadis FCT Sharia Court of Appeal and Kadis State Sharia Court of Appeal are entitled to the same salaries, allowances and fringe benefits.
Each of them is entitled to N7.22 million annual basic salary or N601,880 monthly salary; N36.84million annual regular allowances or N3.07million monthly regular allowances; non-regular allowances of N7. 22million rent (annually), N3.61million leave allowance (when applicable), N57,000 duty tour allowance (per night), $600 estacode (per night); N21. 68million severance gratuity (after successful completion of tenure), N21,68million furniture allowance and N28.89million vehicle loan (to be repaid before the expiration of tenure), while professional development Assistant is to be paid from the NJC pool.
The bill, according to the Attorney-General and Minister of Justice, Prince Lateef Fagbemi (SAN), proposes a 300.3 per cent increase.
The President did a similar thing in 1999 as governor of Lagos State.
Highlighting the stagnant state of judges’ salaries and emoluments since 2007, Fagbemi said: “It takes a man with a great heart, determination, and consideration to do what the President did.
“More than 300.3 per cent salary increase has been given to the judges. The President has done his part.”
What judges earn elsewhere
There had been concern over the welfare of judges, which some observers feared could make them susceptive to financial inducement.
In September 2013, former CJN, Aloma Mukhtar, during a new legal year ceremony, bemoaned the judiciary’s steady budgetary decline from N95 billion in 2010 to N67 billion in 2013.
Since 2014, however, the budget has climbed from N68 billion to N110 billion in 2019 and remained so in 2020 and 2021.
Worried by the stagnation in the salaries and allowances of judicial officers, a retiring Justice of the Supreme Court, Justice Ejembi Eko, at a valedictory session held in his honour in May 2022, called on the National Judicial Council (NJC), the Federal Judicial Service Commission (FJSC) and the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) to “synergise and introspect and tell the world why the dereliction since 2007”.
Justice Eko said there had been several calls for the review of the salaries of judicial officers and nothing had been done to remedy the situation.
Justice Musa Dattijo Muhammad, who retired from the Supreme Court on October 27, 2023, in his valedictory speech, also made a similar case.
According to Justice Dattijo, the salary of Supreme Court Justices had remained static at N751,000 for 15 years without the graduation that occurs in public service.
He said Supreme Court justices’ salaries had not only remained stagnant, but the value had depreciated so much due to galloping inflation over the years.
Justice Dattijo said if the judges cannot pick their bills, they can more easily succumb to the monetary temptations dangled by the political class.
“It is as simple as that. They should earn salaries comparable to those of ministers or more,” he said.
What Justices earn in other climes
South Africa
In South Africa, the salary of the Chief Justice of the Supreme Court is reviewed periodically.
As of September, last year, the Chief Justice earns R3,072,480 per annum (about N210 million) while that of the Deputy Chief Justice is R2,765,159 per annum (about N189.7 million).
The President of the Supreme Court of Appeal earns R2,765,159 per annum (about N189.7 million) while the Deputy President of the Supreme Court of Appeal earns R2,611,589 (about N178 million).
A judge of the Constitutional Court and a Judge of the Supreme Court of Appeal earn R2,458,019 (N168.8million). A High/Labour Court judge earns R1,997,130 annually (about N137.2million).
Ghana
The majority of judges in Ghana earn a salary between GHC 936 and GHC 6,663 (about N656,000) per month.
A monthly wage for entry-level Judges ranges from GHC936 to GHC3,039.
After gaining five years of work experience, their income will be between GHC1,512 and GHC4,804 per month.
Kenya
The Supreme Court of Kenya is composed of seven judges. As of 2021, the Chief Justice of the Supreme Court of Kenya is entitled to a basic maximum salary of Ksh 990,000 (about N9.7million) with an allowance of Ksh 375,000.
When all allowances are factored in, the CJ’s total monthly salary is set at a maximum KSh 1.3 million in consolidated pay, according to Kenya’s Salaries and Remuneration Commission.
The Deputy Chief Justice, on the other hand, is entitled to a monthly consolidated pay of KSh 1.23 million
Other Supreme Court judges earn a monthly consolidated salary of KSh 1.218 million (about N12 million). They also earn KSh 250,000 as a special responsibility allowance per month, in addition to a sitting allowance of Sh40,000 for every special court sitting.
They are entitled to a maximum of eight sittings bringing the amount to KSh 320,000 in a month.
Lawyers: proposal a good start
Wahab Shittu (SAN), Dr. Fassy Yusuf, former Chairman of the Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), Dr Monday Ubani, Dr Adewale Kupoluyi and a former Commissioner of Ogun State Judiciary Service Commission, Abayomi Omoyinmi welcomed the new bill.
Shittu described the development as salutary.
He said: “Our judges remain stellar in the sub-region, Africa, commonwealth and the rest of the world. Regrettably, the salaries paid in return for these sacrifices are peanuts and not commensurate.
“Enhanced salary/welfare packages for our Judicial officers, including an increased budgetary allocation to the justice sector will deliver access to justice and enhanced performance in the critical areas of infrastructure, justice delivery, respect for constitutionalism, rule of law, due process, rights protection, zero tolerance for corruption and good Governance. We neglect the judiciary to our collective peril.”
Yusuf said any salary increase should be holistic.
“We need to look into the welfare of other people who are assisting our judicial officers in the dispensation of justice. I am talking about the registrars, the research assistants and other people in the judiciary,” he said.
“Being a federation, the states should be able to fashion out their own. Lagos State has been doing this for long. The remuneration of judicial officers in Lagos is not the same as others. So, I would expect other states to follow suit.”
Yusuf also called for more support beyond salary increases.
“We are talking about technolog. Most of our courts are not technology-driven. They have archaic and anachronistic methods of operation. When you get to the Supreme Court, they are still using a manual system of writing.
“We should operate the way others operate in developed countries like Britain, United States, Canada. Other jurisdictions have gone beyond this manual way of writing. They have developed a system of dispensing justice using technology.
“The power supply should be improved upon. The environment generally should be improved upon and the security of our judicial officers should be guaranteed. As I said, an idealistic welfare package and improved environment should be embarked upon,” Yusuf said.
‘Higher salaries will insulate judges’
Ubani hopes the new proposal, when passed to law, will enhance judicial independence.
He said: “Higher salaries will help insulate judges from financial pressures, potentially reducing susceptibility to corruption and ensuring decisions are based solely on the law and fact.”
He also believes it will attract highly qualified practitioners to the bench.
“Competitive compensation is essential for attracting and retaining highly qualified legal practitioners to the judiciary.
“This is crucial for maintaining high standards of justice in the country and so must be pursued vigorously from now onwards,” he said.
Ubani noted that increasing judges’salaries and allowances reflects the huge responsibility they perform in the judicial sector.
According to him, the responsibilities borne by judges, including making decisions that can deeply affect individuals’ lives, communities, and the interpretation of laws, justify reasonable salary and allowance commensurate with these significant responsibilities.
Ubani said: “We all know how judges in Nigeria write in long hands and their daily cause list is something that is suffocating.
“They are certainly overworking themselves and therefore deserve adequate remuneration commensurate to their volumes of output.
“An increase for judges’ salaries to say the least is a necessity.”
He said the adjustments will reflect inflation or the cost of living, ensuring that judges’ real income which has decreased for several years due to stagnation in salary increase does not remain the same.
“Ultimately, the decision to leave the present increase or add more to it should be made to promote an efficient, independent, and fair judiciary, balanced against the need for fiscal responsibility and public accountability,” Ubani added.
‘Strengthen institutions to make corruption impossible’
Kupoluyi said judges deserve to be paid well given the enormous work that they do.
“The economic situation also makes it imperative for judges and workers to get an upward review of their remunerations.
“Naturally, it is expected that when the bill is passed into law, it would address the issue of corruption often ascribed to the judiciary because our judges would be more comfortable to do their work without fear or favour,” he said.
Kupoluyi noted that as desirable as the plan is, allegations of corrupt practices against judges may not go overnight because corruption is not caused by poor wages and salaries alone.
“As human beings, it is possible that some judicial officers live flamboyant lifestyles that cannot be changed even with the new payment regime.
“We should not also forget that when we say that judges are corrupt, some people are guilty of this, who serve as conduits. Hence, both the giver and receiver of the bribe are culpable.
“Therefore, our democratic institutions should be strengthened to make it extremely difficult to engage in graft.”
He called for the introduction of stiffer penalties for those found guilty, and tightening of loose ends in the apparatus of justice administration that makes it possible for the legal system to be manipulated, as it were.
‘Full autonomy needed’
Omoyinmi, while commending the proposed salary structure, said it was long overdue, considering the enormous work that judicial officers do.
He ascribed this to the number of cases in their dockets and the lack of adequate tools to enhance the quick dispensation of justice.
Omoyinmi lamented that for long, judges have been made to operate under very harsh unreliable conditions.
He said: “It is essential that the remuneration of our judges is proportional by way of salary and other emoluments to the enormous work being put into the administration of justice to reflect what Judges earn in the most advanced legal system country.
“The full autonomy of the judiciary will also go a long way in improving the remuneration for our judicial officers in the justice system like ours.”
Omoyinmi was of the view that the emoluments should be structured within the Judiciary’s budget instead of relying on the executive.
“I believe that what President Tinubu has proposed as salary and allowances will significantly go a long way in improving the administration of justice.’’
Young lawyers of Urhobo nationality have been implored to join hands with the Urhobo Progress Union (UPU) Youth Wing Worldwide to develop the Urhobo nation and foster unity among its people.
The legal adviser, UPU Ighele r’Urhobo (Youth Wing), Princess Omeyoma Eshemitan, spoke while unveiling plans by the group’s legal department to host “Urhobo new wigs”.
She emphasised the determination of the body led by Comrade Blessed Ughere, to change the narrative of a divisive ethnic nation.
Princess Eshemitan, the daughter of the Ovie of Oghara kingdom in Ethiope West Local Government Area of Delta State, urged lawyers newly called to the Nigerian Bar to partake in the event by joining the link – https://chat.whatsapp.com/D8HB1f7ttb7K1hcVp4ksLp.
The activist lawyer expressed optimism that various societal challenges affecting the Urhobo nation would be tackled via the platform which would be sustained.
“The essence of this meeting is to provide a platform for young lawyers within the Urhobo nation to come together, network, share insights and collaborate on various legal and societal issues affecting our communities.
“Through this gathering, we aim to foster professional development, promote unity among young Urhobo legal practitioners (solidarity and support among Urhobo Ighelle legal practitioners), and empower them to contribute meaningfully to the progress and development of the Urhobo nation worldwide,” Princess Eshemitan said.
She added: “One crucial societal challenge is the conception of lack of unity within the Urhobo nation.
“Upon joining the UPU and further learning about the UPU, its essence is to foster unity, develop peace and progress within the Urhobo nation worldwide and this sums up the societal issue we have come to recognise, of which we hope to address within this administration.
“We pray our forefathers and ancestors and the Lord God Almighty help us in this quest for unity, peace and progress within the Urhobo nation.
“We look forward to the preservation and respect of our core identity as Urhobos and as progressive united and loving people worldwide.”
Okezi Okah-Avae is an energy law expert. He has practised as a general legal and regulatory compliance adviser in the oil & gas and energy sectors for over a decade. He obtained a Law degree from the University of Lagos and a Master’s in Oil & Gas Law from the University of Aberdeen, United Kingdom. The General Counsel at Tetracore Energy Group Limited was previously Senior Legal Counsel with NNPC Gas Infrastructure Company Limited (NGIC) and NNPC Gas Marketing Limited (NGML). He was a legal consultant/specialist on the World Bank-funded Power Sector Recovery Programme (PSRP). Okah-Avae, formerly a Senior Associate in the law firm of Bloomfield Law Practice (BLP) where he was a core member of its energy and natural resources team, was named one of the top 40 under 40 lawyers in Nigeria. In this interview with Deputy News Editor JOSEPH JIBUEZE, he offers solutions to Nigeria’s power challenges.
Despite billions spent on the power sector, electricity remains epileptic in Nigeria. Can a permanent solution ever be found and how?
It is well understood that so far in Nigeria the two major sources of power generation are thermal (natural gas) and hydro (water). The issues existing in the power sector go beyond having the aforementioned sources of power generation. Indeed, right from the enactment of the 2005 Electric Power Sector Reform Act, leading to the unbundling of the national power electric utility company into 18 successor companies, comprising 12 distribution companies, six power generation companies, and one national power transmission, the Nigerian power sector has witnessed investments in billions of naira, along with the focus of the World Bank through the Power Sector Recovery Programme. Taking notes from other progressive jurisdictions, there should be measures put in place to encourage investment in embedded clean energy sources like solar farms as a major solution to the epileptic power supply in Nigeria.
It is quite evident that Nigeria’s electricity challenges require a multifaceted approach.
What are some of them?
Infrastructure investment: The government should be focused on upgrading and maintaining the existing power infrastructure. The government should also encourage investment by private sector players by ensuring that adequate incentives are available and a conducive business environment as well. The government should consider the introduction of smart grids which have been utilised to great effect in other jurisdictions.
Generation diversification: Due to high costs, the government can encourage private players to invest in renewables and decentralised mini-grids. The Rural Electrification Agency (REA) has taken certain steps to achieve this and their efforts should be lauded. However, the government needs to appreciate these efforts by focusing a bit more on energy source diversification.
Financial viability: The government has to ensure that those providing the funding for these projects should be able to recover their financial costs. This may be in the form of approving more cost-reflective tariffs and ensuring that mechanisms are put in place across the entire energy value chain that will allow the financiers to reduce any possible losses.
Energy efficiency: By this, the government needs to promote conservation and reduce wastage across the country.
Community engagement: Indeed, some Nigerians view that energy should be supplied to them without any charge. In addressing this, the government and the entire energy players need to ensure that proper education is given to these citizens on the need to provide payments for energy supply. Possibly these sensitisation programmes should concentrate on local communities while at the same time giving these Nigerians assurances of stable power supply.
Political will and transparency: The government should continue to prioritise the power sector and also ensure that data and information relating to our power industry are published for public consumption and engagement.
Collaboration and partnerships: The government is encouraged to continually seek international cooperation and private sector participation in these power projects. Companies such as mine – Tetracore Energy Group Limited – have been able to partner with the government on a couple of projects that intend to increase the supply of power to the populace and also boost economic growth.
Commitment, collaboration, and a long-term vision are essential for lasting change.
Given frequent grid collapses, would you advise the government to privatise the Transmission Company of Nigeria (TCN) as was done with GenCos and DisCos?
The frequent collapse of Nigeria’s national power grid is indeed a pressing issue. This shows that no matter the amount of effort and funds spent in fixing the generation and distribution ends of the power sector value chain, we need a working transmission system to fully benefit from such upgrades. And while the Transmission Company of Nigeria (TCN) has achieved significant milestones in the past years, recent grid failures impact the economy, citizens and security. Privatisation of TCN would be an attractive opportunity for the power sector and it could enhance efficiency.
However, any privatisation must be balanced with regulatory oversight to ensure equitable access and reliability. Our transmission network system is just as important as the generation and distribution systems (I am of the opinion that is much more important), and as such special attention should be given to upholding and maintaining energy security even as the government may consider privatizing TCN. It will be important for the government to completely avoid the pitfalls and trappings experienced during the privatisation of the Gencos and Discos. In addition, the failed attempts by Manitoba Hydro International to properly manage TCN might become a great hindrance in encouraging the government to consider any type of privatisation of TCN. However, the government is urged to investigate thoroughly and prioritise lasting solutions for the most efficient system to optimise TCN.
For five years, Nigeria has been unable to meet its OPEC+ production quota. What can be done to drive up output?
Nigeria’s declining oil production has been alarming. OPEC+ cut Nigeria’s production output for 2024 from 1.74 million barrels per day to 1.38 Million barrels per day back in June 2023. It is noted however, that OPEC+ has permitted Nigeria to have a quota of 1.58 million barrels per day for this year 2024; with the provision that Nigeria shows the capacity to produce these volumes. I am of the opinion that for Nigeria to increase its oil output and meet its OPEC+ production quota, several strategies may be implemented based on the recent information:
Firstly, there is the immediate need to resurrect those dormant Oilfields. This will allow Nigeria to boost production to meet OPEC+’s condition and therefore significantly contribute to increasing output levels. Certain private sector players within the oil and gas sector such as Tetracore Energy Group Limited have been able to align themselves with the government’s drive to resurrect dormant oilfields through the acquisition of such assets.
Secondly, the government should take measures to enhance Onshore Production. By pushing for more production onshore, Nigeria can tap into additional resources and increase its overall oil output.
What more can the government do?
Another critical step by the government would be to address and eliminate security threats to the production of oilfields. Implementing robust and effective security measures to combat vandalism and crude theft in the Niger Delta region can help stabilise and possibly improve production while ensuring the prevention of disruptions and damages.
Finally, the government has to put in measures and incentives to attract investment in infrastructure. It is not rocket science to note that increasing investment (both through public and private means) in oil infrastructure can improve efficiency and productivity, therefore leading to higher oil output levels.
Do you think OPEC’s production cut by 2m barrels for members will affect global prices and how if so?
Yes, I do. From recent market occurrences, it is quite evident that OPEC’s decision to cut production by 2.2 million barrels per day for members, is likely to affect global oil prices. Here’s how this is possible:
Reduced supply: By taking 2.2 million barrels out of daily production, the global oil supply becomes tighter thereby putting a considerable strain on satisfying those increasing demands for oil. This basic principle of supply and demand suggests that with less oil available, the price per barrel is likely to increase – which was the case not too long ago.
Market perception: We are quite aware that OPEC’s actions often influence market sentiment – avoidable price hikes, scarcities of oil products etc. The decision to cut production might be perceived as a signal of OPEC’s confidence in future demand, potentially leading to further price hikes due to speculative buying.
However, it’s important to remember that the international oil market is complex and influenced by various factors. For example, the increasing adoption of alternative energy sources like solar and wind power could limit the long-term impact of OPEC’s production cuts on global oil prices.
Are there likely global implications of Angola pulling out of OPEC?
I expect that Angola’s decision to leave OPEC will have somewhat limited global implications, as Angola’s oil production, while significant within Africa, represents only a small percentage of total OPEC output. Angola’s average oil production output in 2023 was 1.098 million barrels per day – leaving it the third-highest oil producer in Africa. Looking at the bigger picture, it is noted that Africa as a whole produced just eight per cent of the entire global output in 2022. Angola pulling out of OPEC will not significantly have a massive global impact. The move raises questions about the unity of the organisation and could lead to increased competition among oil-producing nations as they seek to secure or expand their market shares. Indeed, Angola’s exit from OPEC may also be viewed as a strategic move to adapt to changing market dynamics and focus on its own economic priorities outside the constraints of OPEC agreements.
Despite promises, our refineries are yet to function. Do you think privatising them will do the magic?
The potential impact of privatising Nigeria’s refineries on their functionality is a complex issue with no easy answers. There are various arguments for and against privatisation, and the ultimate decision should be based on a comprehensive analysis of the specific context and needs of Nigeria. In arguing for privatisation of the refineries, if done properly, this should lead to increased efficiency of these assets and subsequently, profitability for the would-be investors and the government as well. Privatisation will also be able to attract investment and expertise. The government will be required to provide an enabling environment for such investment as any investor in the refineries will want to have confidence and comfort in the entire process. Then on the other hand, there are the pitfalls that have haunted the privatisation of the power sector and the government has to be mindful of this. Some may argue that privatising the refineries may be conducted solely to control the market.
A media report says Nigeria’s signature bonuses remain the highest globally. Do you see this as a disincentive to investment?
Yes, I do. Being a part of a consortium that encountered some issues while trying to raise the necessary funds for paying the signature bonus, I have first-hand experience with how discouraging requests for high signature bonuses by the Nigerian government are. We went as far as engaging financiers in Dubai and the United Kingdom to raise the required funding just to pay for the signature bonus. I fully understand the government’s need to raise financing for its numerous projects and how it views the receipt of such signature bonuses as being necessary to raise funding. However, the government should be mindful of discouraging possible investments in the oil and gas industry by setting high signature bonuses. This is important as these potential investors are aware of the fact that they will be required to provide funding (much higher) for the actual oilfield development or expansion activities. The Nigerian Upstream Petroleum Commission (NUPRC) is urged to consider measures that will not scare away interested prospective investors.
In a report issued by the Nigeria Extractive Industries Transparency Initiative, it was noted that out of 106 marginal field awardees, only about five of these companies were able to pay the signature bonus. The government is encouraged to request a more cost-effective signature bonus while requesting a higher margin from the investors once the oil begins to follow and is being monetised.
A big issue was made about whether foreign lawyers can practise in Nigeria. Should they continue to be shut out?
I guess the major issues on this matter are having too many lawyers in an already saturated space and the simple fact that this act is not and may not be reciprocated in other jurisdictions (I believe we are referring to the United Kingdom). However, I hold the view that this might actually be good for our legal industry. Firstly, these foreign law firms will have a wage and compensation package that will be just as attractive as the very big Nigerian firms.
This would definitely create some kind of competition whereby these top law firms will have to pay their lawyers much better so they don’t lose them to foreign firms. Secondly, this may provide even more job opportunities for our lawyers. By this, a foreign firm that wishes to establish a law firm in Nigeria will have to hire Nigerian lawyers – I believe that such firms will have more Nigerian lawyers than lawyers from their own country. For example, look at multi-nationals setting up in Nigeria, the greater numbers of their staff are Nigerians.
Any foreign firm coming in would have to rely on the local talent while their own lawyers take the time required to study our laws and legal system. Thirdly, Tier 2 and 3 law firms are not really likely going to lose their clients – the reason being that most, if not all, of their clients, will not be too keen to pay the foreign law firms those high fees. In reality, this is an issue for only the big firms. And as we are aware there are few of these firms.
What are your core areas of specialisation and what is your career advice to young lawyers looking to toe that path?
I am an energy lawyer. I am a natural gas lawyer. I am a power lawyer. I have been able to create and blossom a career in energy law and I do consider myself as one of the top energy lawyers in Africa today. This is by the grace of God, and I am indeed grateful for everyone who has supported and assisted me in getting this far. My advice to young lawyers interested in forging a profession as energy lawyers is 1. Develop deep passion and interest in the energy sector. There is so much to do in this sector. You could be focused on natural gas or power or even renewable energy. You could also master all three – that is not impossible. 2. Be ready to put in the work. Never be afraid of hard work. It is a sector that rewards hard work with wonderful benefits. 3. Always be hungry to learn more. The world is evolving with new technology and naturally, the energy industry has not been left behind. A good energy lawyer is always ready to learn about new technologies and solutions to energy problems. 4. Don’t be afraid to seek help or support from those more experienced. I am always available to provide necessary support to young lawyers eager to know about this industry.
Can you take us through your journey to law?
I have practised as a general legal and regulatory compliance adviser in the Oil & Gas and Energy Sectors for more than 12 years. My work experience has also covered infrastructure and project finance, corporate restructuring, investment banking, private equity, mergers & acquisitions. I secured both a Bachelor of Law (LL.B) from the University of Lagos in 2006 and a Master’s Degree in Oil & Gas Law from the University of Aberdeen, United Kingdom in 2010.
I am currently the General Counsel at Tetracore Energy Group Limited, which is a “one-stop shop” integrated energy company driven by the singular goal to deliver clean, cost-effective and sustainable energy solutions for power, commercial and industrial sectors, within the Nigerian clime and the African Continent.
I was a key part of securing the requisite regulatory permits/consents for three gas supply/delivery projects which included (i) a 55MW IPP project in Ologbo, Benin, Edo State, (ii) 25MMSCFD gas supply to a steel production company in Benin, Edo State, and (iii) 10MMSCFD gas supply project to a wood production company in Benin, Edo State. I was also responsible for obtaining the first gas shipper license allowing my former company, QSL Gas and Power to be the first company in Nigeria to operationalise the Gas Transportation Network Code.
Previously, I was a Senior Legal Counsel with both NNPC Gas Infrastructure Company Limited (NGIC) and NNPC Gas Marketing Limited (NGML) (subsidiaries of NNPC Limited) from December 2017 – January 2020. He played a key role in the negotiations and finalisation of the NGIC – NGML – Seplat ANOH gas development project which aimed to deliver 3.4 BSCF/D of gas by 2020. I was also part of the NGIC team that advised NNPC Limited on the construction and installation of the ongoing $2.8 Billion 40” x 614-kilometer Ajaokuta-Kaduna-Kano Gas Pipeline and Stations Project.
From July – November 2017, I was a Legal Consultant/Specialist on the World Bank-funded Power Sector Recovery Program (PSRP). As a Consultant, I was a part of the think-tank team reporting directly to the Office of the Vice President of Nigeria, with the direct mandate to restore the power sector’s financial viability, improve power supply reliability, strengthen the sector’s institutional framework and also increase transparency, implement clear policies that promote and encourage investor confidence in the sector and to establish a contract-based electricity market.
I was awarded the Nigerian Rising Star Award for 2018 by Esq Nigerian Legal Awards and named one of the Top 40 Lawyers in Nigeria Under Age 40.
Before taking up the position with NGIC and NGML, from February 2016 to June 2017 I was a Senior Associate in the prestigious law firm of Bloomfield Law Practice (BLP) where I was a core member of their Energy and Natural Resources team.
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.
“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.
