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Category: Law

Court orders payment of repatriation allowance to ambassador

The National Industrial Court of Nigeria (NICN) has ordered the Federal Ministry of Industry Trade and Investment to pay repatriation allowance to Ambassador David Ademola Adejuwon to enable him move his family and personal effect from World Trade Organisation Geneva, Switzerland back to Nigeria.

Justice Ayodele Obaseki-Osaghae gave the order while delivering judgment on Tuesday, March 12, 2024 in suit number NICN/ABJ/301/2017 filed by Amb. Adejuwon. The Federal Ministry of Industry Trade and Investment was the defendant in the matter.

The claimant filed before the court his complaints against the defendant on October 23, 2017 together with accompanying processes.

The claimant, by a further amended statement of facts filed before the court, sought for an order directing the defendant to renew his diplomatic passport and that of his wife which expired in December 2018 and to obtain one year Schengen multiple entry Visas on the renewed passports to enable him travel to Geneva to enable him hand over to new ambassador and to bring back his families and personal effects immediately after the payment of the outstanding allowance and repatriation allowance.

Justice Obaseki-Osaghae granted all other reliefs sought by the claimant in his statement of facts and amended statement of facts filed before the court.

The court dismissed the counter-claims of the defendant as frivolous and lacking in merit having noted that as at the day of judgment of the court, “the claimant’s repatriation allowance remains unpaid; that there is no evidence of any estimate for renovation, or loss of any rental revenue by the defendant.”

Justice Obaseki-Osaghae awarded N400,000 in favour of the claimant on the counter-claim by the defendant.

The judge said all payments ordered by the court must be made to the claimant within 30 days of the judgment stressing, “thereafter, any sum outstanding will attract interest at the rate of 15 per cent per annum.”

Justice Obaseki-Osaghae, citing several authorities, held that the claimant was treated differently and disadvantaged on the same set of facts and circumstances by the Federal Ministry of Industry Trade and Investment, stressing that the tenure policy of the Federal Government denied by the defendant is common knowledge for which this court has taken judicial notice of in several decisions.

The court held that the claimant’s evidence in the entirety of the case is not controverted, emphasising that by the defendant’s failure to cross-examine the claimant on his claims, the defendant’s pleadings in paragraphs 11 (L) (i), (ii), (iii), (iv), (v), and (vi), and paragraph 25 (a), (b), (c), (d), and (e) of the statement on oath of DW, the Defendant has admitted the claims of the claimant.

Citing several decided cases, the judge held that the law is settled that parties are bound by their pleadings and facts pleaded by one party and admitted by another needs no further proof.

The court held that the claimant is therefore entitled to the orders hereinafter made having succeeded in his claims.

The judge ordered the defendant to pay the claimant his statutory repatriation entitlements.

On the claim for unpaid Foreign Service Allowance, Justice Obaseki-Osaghae held that ”the claimant is yet to be recalled and repatriated. I agree that he still remains technically Nigerian Ambassador to the World Trade Organisation; and this is unchallenged by the defendant. Furthermore, I find from the uncontroverted evidence that the claimant’s predecessor Ambassador Y.F. Agah who was retired in January 2010 continued to be paid Foreign Service Allowance till October 2013 (which is 45 months); and the allowance ceased after his repatriation entitlements were paid.

“The defendant has not shown this court any reason why the claimant should be treated differently from his predecessor on the same set of facts and circumstances, and why different executive or administrative actions have been applied. This is wrong, and ought not to be.”

The trial judge held that on the whole, the claimant’s case succeeds.

The court berated the defendant over the treatment the claimant has been subjected to by the defendant.

The judge noted: “the claimant served and represented Nigeria as Ambassador/Resident Representative to the World Trade Organisation Geneva, Switzerland. He ought not to be treated in this degrading manner having served his country meritoriously. No Nigerian Ambassador/Envoy should be subjected to this type of embarrassment.

“The claimant gave the required notice to the defendant and so the process of recall ought to have commenced timeously and payment of repatriation allowances to enable the claimant return home with his family, personal effects and prevent hardship. There can be no excuse since September 2016 for this situation that is clearly an embarrassment to Nigeria, particularly in view of its high profile leadership role in the World Trade Organization, Geneva, Switzerland.”

“The defendant Ministry as part of the Executive Arm of Government must abide by the Foreign Service Rules; and there must be equality in the treatment of Ambassadors to the World Trade Organization. The Defendant Ministry can do better than this for the image of Nigeria”, the judge said.

The claimant, in his pleadings stated that at the material time to this suit, he was the Nigerian Ambassador to the World Trade Organization and other Trade Related International Organizations in Geneva, Switzerland.

He averred that by the approval of Mr. President on 29 June 2013 conveyed through a letter from the Federal Ministry of Industry. Trade and Investment dated 24 July 2013 he was appointed as the Nigerian new Ambassador to the World Trade Organization in Geneva Switzerland, and

he assumed duty in Geneva on 3rd March 2014 after his predecessor Amb Yonuy Fredrick

Agah who was retired from the Federal Civil Service in January 2010 vacated the office.

He averred that though Ambassador Y. F. Agah was retired by the Federal Government with effect from January 2010 based on the tenure policy, his foreign service allowance and other entitlements were never stopped by the Ministry from January 2010 to October 2013 until after his repatriation entitlements were paid, a new Ambassador appointed by the Federal Government and the World Trade Organization duly notified by the Federal Ministry, Trade and Investment. He stated that other officers posted by the Federal Ministry of Commerce to the Nigeria Trade Office, Geneva in 2004 for a tenure of four years to work with Ambassador Agah included Ms. Z. Abdullahi, Mr. S. Muazu and Mr. S. A. Audu; and they were recalled in May 2016, and 12 of January 2017, and returned to the headquarters Geneva in February 2019 without the Ministry stopping their Foreign Service Allowance after collecting their repatriation entitlements.

The claimant averred that technically, he is still the Nigerian Ambassador to the World Trade Organization Geneva as the Federal Ministry of Industry, Trade and Investment has up till now not issued him his letter of recall from Geneva to Nigeria as required; not appointed a new Ambassador to take over from him; has not officially notified the World Trade Organization that he has been recalled and a successor appointed by Mr. President; not returned the statutory budgetary provision for his foreign Service Allowance and entitlements from September 2016 to date to the treasury; and not paid his repatriation entitlements and travelling expenses as an Ambassador to enable him return to Nigeria in line with provisions of the Foreign Service Rules.

The Claimant further stated that under the Public Service Rules and Nigeria Foreign Service Regulations, following the acceptance of his retirement notice, he Ministry is to issue a letter of recall and arrange for air passage for himself, wife, four children and two servants if it did not want him to continue to serve as an Ambassador.

He averred that his Foreign Service Allowance and other entitlements were unlawfully stopped by one Mr. Sulaiman A. Audu, Minister (NTO) and Mr. Shehu N. Muazu {Finance Attache (NTO), both of whom were signatories to the NTO account, from September 2016 without recourse to the extant rules.

The claimant averred that that in line with the FSR and extant circulars he is entitled to a maximum of 40-foot container plus shipment of personal car at government expense.

He further averred that by his letters dated 2nd February 2017; 6th March 2017 and his solicitors letter dated 8th May 2017, he demanded for his repatriation allowance from the defendant to no avail.

He stated that he was invited by the defendant to meetings for amicable settlement in the defendant’s office on 20th February 2019, and 23rd June 2021 consequent upon which the defendant made an unfair, unrealistic and unreasonable ridiculous offer to him vide its letters dated 16th May 2019, and 23rd June 2021 which he rejected.

The claimant stated that at the meeting held on 20th February 2019, the Defendant collected and offered to renew his diplomatic passport and that of his spouse which expired in December 2018 and to obtained one year Schengen multiple entry visas on the renewed passports to enable them travel to Geneva to hand over to the new Ambassador and to bring back his family and personal effects.

The claimant stated that by his Solicitors’ letter dated 27th May 2019, he rejected the offer and restated his claims submitted to the defendant for settlement, and by his letters to the Defendant dated 4th July and 1st September 2019 he demanded for full settlement of his outstanding claims in the spirit of out of court settlement.

The claimant averred that the defendant Ministry has violated the provisions of the Public Service/Foreign Service Rules.

The Claimant averred that the failure of the Defendant to pay his repatriation allowance has exposed him and his family to serious hardship, embarrassment and ridicule. And that as a result of the Defendant’s stoppage of his foreign service allowance and failure to repatriate him from Geneva, Switzerland to Nigeria, he incurs average of $600 USD for the upkeep of his wife and four children daily since 8th September, 2016.

In his reply to the defense counterclaim, the claimant averred that he locked up his official residence in Geneva, Switzerland with his personal effects in May 2017 when he travelled to Nigeria to follow up on his series of requests to the defendant for his letter of recall having stopped payment of his Foreign Service Allowance and entitlements, appoint a successor to whom he will hand over and pay his outstanding statutory entitlements.

The defendant’s case on the pleadings is that by effluxion of time the claimant ceased to be an envoy of the Federal Republic of Nigeria, and has ceased to be a Federal Civil Servant upon attaining retirement age on the 7th September 2016, as provided in the Federal Civil Service Rules.

The defendant stated that it has a high respect for the claimant and that in demonstration of this, the Permanent Secretary of the defendant Ministry constituted a committee to advise on the payment of repatriation allowance of the claimant and other related matters with a view to out of court settlement of this suit, payment of repatriation allowance of the claimant, opening the Federal Government Property in Geneva where the claimant lived before his retirement in 2016 which the claimant put under lock and key till date.

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The defendant further stated that the claimant and his counsel attended the committee meeting on the 20th February 2019 where compromises on the side of the parties and far-reaching agreements were made but that a few days later, the claimant through his counsel wrote a letter to the Ministry repudiating all the agreements.

The defendant stated that it was due to this unexpected reaction from the claimant that informed the delay in payment of the agreed sum to the claimant; and that the parties were at this position when the Federal Executive Council was dissolved.

The defendant stated that it took a while before a new cabinet was put in place and as a result of that, it became impossible to have further discussions regarding out of court settlement with the claimant.

The defendant averred that another committee was set up by the defendant Ministry and that resolutions were reached in the presence of the claimant’s counsels: Mr. Kayode Abodunrin and Mr. Adebayo Eniwaye who requested for the copy of the resolutions and same was availed them.

The defendant stated that a few days later the claimant by a letter dated 28th June 2021, rejected almost all the terms of offer making it the second time that the offer made by the defendant would be rejected by the claimant.

The defendant stated that the entitlements due to the claimant are as computed by the relevant Federal Ministry and Departments of the defendant Ministry as provided for in the Federal Government Public Service Rules.

In respect of the counter claim, the defendant admitted that the claimant gave notice of his retirement and this was accepted.

The witness of the defendant’ counterclaimant is Mr. Edet lyam Egbe (DW) Senior Executive Officer stated that there was no Tenure Policy in the defendant Ministry.

He informed the court that he wasn’t aware if the claimant had been recalled as an Ambassador from the foreign service and the World Trade Organization.

The witness stated that he was aware the claimant’s personal properties in the Avileiny have not been repatriated.

March 26, 2024
Anxiety in private varsities over Law School admission

Anxiety has gripped law graduates of Lead City University, Ibadan as the Council of Legal Education (CLE) is set to clear another batch of law graduates to various campuses of Nigerian Law School.

This is because law graduates of most private universities, which have a backlog of law graduates waiting to be called to Nigerian Law School are not certain whether they would get clearance from their institutions to attend.

The management of Lead City University has, however, assured that there is no cause for any anxiety by its law graduates as it is already working to address the situation.

Indications are, however, strong that like it was during the last session, hundreds of law graduates from private universities, may not partake in the Nigerian Law School programme for the 2024/2025 academic calendar scheduled to commence around November this years.

The development has put many students, who have completed law programme in these private institutions and waiting to be called into Nigerian Law Schools into a state of apprehension and despair.

Asked how the university intends to clear the backlog of its law graduates. the Vice Chancellor, Lead City University, Ibadan, Prof. Kabiru Adeyemo, said the COVID pandemic which affected activities in all universities in Nigeria also affected the university.

He was, however, optimistic that the backlog of the university’s law graduates will be called to the Nigerian Law School.

Prof Adeyemo said that the university has reached out to the Nigerian Law School to sort out the backlog of law graduates waiting to be called to Nigerian Law School.

“I think early this year and last month, myself, the Dean and the Chairman of Council visited the school. In fact, the Attorney-General of the Federation has been really helpful to make sure that at least all the backlog will be absorbed by law school.”

According to him, “there was a meeting the A.G called with the D.G. The D.G was also in attendance and it was agreed that within April and May all the backlog will be treated by the Law School.

“Already we have sent all the backlogs list to Law School and even the Dean of the Faculty will also be in Abuja on Monday (yesterday) to clarify things and to see that our students are mobilised”, he assured.

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He praised the intervention of the Attorney-General of the Federation in the matter, saying, “I really salute the efforts of the Attorney- General of the federation, I think he has really assisted in midwifing the meeting. I believe that very soon, everything will be okay. But at our own end, we have forwarded the list to the Law School for necessary action from there.”

The university Vice Chancellor also disclosed that the university intends to convince the CLE to increase the quota for the school.

“The quota given to the university was 50. We sent a letter to Law School and they promised that they would come for accreditation. We are expecting them for their accreditation so that at least our quota will be increased .

“The university is now 19years old and we have all the facilities needed in the university for our law programme.

“Lead City Faculty of Law is one of the best so far in terms of infrastructure, in terms of number of lecturers we have it and in terms of all social facilities available for students. It is a very serene faculty and conducive for learning,” he stressed.

March 26, 2024
Intellectual disability: stereotypes and rights
- By Ijeoma Fynecontry
The major challenges faced by persons with intellectual disability generally is the problem of stereotyping. Disability Stereotyping bears when the society make assumptions, often times wrongly, about persons with disability based on their physical or intellectual disability.

Most persons with Down syndrome and other intellectual disabilities can in actual fact, be and achieve more than the societal perceived limitations. A fact which many people and particularly Nigerians are yet to embrace, whether for lack of information or baseless close mindedness is the many abilities in the group of people generally tagged disabled in Nigeria. It may seem that this social division stems from a social reactionary tendency to out-group people who do not belong to the social group we psychologically identify with, thus having the mindset of limitation regarding such persons.

While there has been a huge advancement in the global push for inclusion and recognition of the rights of persons with disability, negative attitude and stereotyping has been a major setback in achieving major success particularly in Nigeria despite the absence of any definite legal barrier. Persons with intellectual disability in Nigeria tend to be pitied rather than being actively encouraged and supported socially, legally and politically to contribute and make valuable impact in their society. This attitude have greatly jeopardised their chances of success as valuable members of their communities.

The 1999 Constitution of the Federal Republic of Nigeria(As amended) and other legal frameworks both local, regional and international relating to citizens’ rights and obligations of government to its citizens defines those rights as rights accruing to citizens equally and which they are entitled to by virtue of being human. Some of these laws include Discrimination against Persons with Disabilities (Prohibition) Act, 2019, National Policy on Disability in Nigeria, United Nations Convention on the Rights of Persons with Disability (which has been domesticated in Nigeria), African Charter on Human and Peoples’ Right etc.

The sad reality of the challenges faced by Persons with disability in Nigeria today is that the situation still subsist not for lack of targeted legislations but majorly due to lack of political will to ensure effective implementation. It is, therefore, not surprising that while there exists the necessary laws, in practice, Nigeria has fallen short of expectations with regard to current global best practices as it concerns inclusion and right support for the growth, wellbeing and advancement of persons with disability particularly intellectual disability.

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As the world celebrates the 2024 World Down syndrome day on March 21 with the theme: “End the Stereotypes”, the message is to recognise that persons with Down syndrome can achieve and be valuable members of their communities with the right support and equal opportunity as is availed every other citizen. The right support is given when there are intentional governmental policies encouraging the applicability of all legal rights as well as conscious efforts by all agencies, stakeholders and general corporate/civil society to ensure such rights are protected or asserted when need be.

This year, the demand is for total end to any form of stereotype against persons with Down syndrome and other intellectual disabilities as a legally guaranteed rights. Persons with Down syndrome are entitled to the provision and protection accorded under chapters II and IV of the Constitution and other relevant laws. The responsibility of ensuring this goal is achieved should not just be on the government alone but every sector of the society. Ending the stereotypes against persons with Down syndrome and other intellectual disabilities should be seen in promoting adequate and fit for purpose basic rights like equity in specialized education, Health and medical care, employment opportunities, specialized and accessible social amenities.

No human right is more important over the other notwithstanding their physical or intellectual ability. No person is legally more person than the other, the quotient of their ability notwithstanding.

End the stereotypes by intentional promotion, protection and upholding of the rights of persons with intellectual disability, not out of pity but as a recognized legally guaranteed rights.

Ijeoma Blessing Fynecontry is a Lagos based legal practitioner and the legal resource person for Down Syndrome Foundation Nigeria.
March 26, 2024
BOSAN hails CLE chair Ngige on BoB life membership

The Body of Senior Advocates of Nigeria (BOSAN) has congratulated Chairman of the Council of Legal Education (CLE) Chief Emeka Ngige (SAN) on his conferment with the Body of Benchers life membership.

Ngige was appointed a Life Bencher along with Justice Chidiebere Uwa of the Supreme Court and Chief Judge of Sokoto State Justice Saidu Sifawa.

Prof Mamman Lawan Yusufari, Mohammed Abubakar (SAN) and Paul Usoro (SAN) were appointed Benchers.

BOSAN, in a March 22 letter to Ngige signed by its secretary Olumide Sofowora (SAN), said the conferment was “a worthy recognition” of his “distinctive legal career and excellence in the legal profession in Nigeria.”

The letter reads: “All our members rejoice with you on your appointment.

“We note with admiration that you have made remarkable contributions to our legal jurisprudence and that you have always provided invaluable leadership in the affairs of the legal profession.

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“Your memberships of key positions in the legal profession, which attest to this fact, include that of Chairman, Council of Legal Education since 2019, vibrant membership of BOSAN, membership of the Body of Benchers, membership of the Legal Practitioners Privileges Committee from 2020 till date.

“Aside from these laudable achievements within the legal profession, we also acknowledge and salute you for your indomitable passion for public service in other aspects of our national life, one of which is your appointment as an Independent Director of Air Peace Airline Ltd between 2019 and 2022.

“Furthermore, you have always been exceptional in your philanthropic interventions which has manifested in the donations to the Nigerian Law School.

“We urge you to continue your good works and pray that the Almighty God will grant you many more years of invaluable service to our profession and the nation.”

March 26, 2024
35 women SANs out of 720 unacceptable, says Alli
- NBA Women Forum holds conference
It is unacceptable to have less than 35 women out of the 720 Senior Advocates of Nigeria (SANs), Mrs. Folashade Alli (SAN) has said.

This, she said, underscores the need to bridge the gap through empowerment.

Alli is the chairperson of the Nigerian Bar Association Women Forum (NBA WF) Conference Planning Committee.

She spoke at a briefing on the forum’s annual conference to be held in Lagos on Thursday and Friday.

The theme is: “Beyond the balance sheet: Redefining success for women in law.”

Alli noted that the conference was one way the NBA WF builds the capacity of women lawyers to achieve more.

She said: “The 2024 International Women’s Day, with the theme: ‘Invest in women, accelerate progress’ was a call to action. There is a need for more.

“If you look at the legal profession, there are about 720 SANs, and less than 35 are women, which is 4.2 per cent.

“That’s the gender disparity we’re talking about, and that’s why we’re clamouring for gender equality. We’re not there at all.

“In governance, we have never had a female president or female vice president.

“In terms of population, about 49 per cent are women, but where are we?

“The Gender Bill that was rejected would have been an affirmative action had it been passed. We are clamouring for gender equality.

“That’s what the NBA WF is all about. We’re the voice for the women and the voice of the voiceless.

“We want a change and women to be more involved, even at the Nigerian Bar, where we have only had one female president (Priscilla Kuye), which is not acceptable.”

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According to Alli, about 30 speakers have been lined up for the conference.

She said: “Success for women is not about money. We are multi-talented, and success for us is about personal fulfilment. We’ll discuss this in detail at the conference.

“There will be six plenary sessions. We expect a lot of delegates from all over the federation.

“We have put in a lot of work and have lined up about 30 excellent speakers. We’re looking forward to a great conference.

“There will be a pre-conference cocktail at the Boat Club on Awolowo Road in Ikoyi. There will also be health checks during the conference.”

NBA WF Chairperson, Chinyere Okorocha, said the theme was carefully chosen to redefine the meaning of success for the female lawyer.

“Success means different things. It could be in leadership, mentorship or finance. We want to explore those different areas in great detail.

“We have so many distinguished members of the society, both lawyers and non-lawyers who will grace the occasion as speakers and panelists.

“Our keynote speaker will be Mrs Bolanle Austen-Peters, founder of BAP Productions and Terra Kulture, who is also a lawyer.

“We’ll have a dinner and a gala night, which will be chaired by Mrs Funke Adekoya (SAN).

“The guest speaker at the dinner will be the Chief Executive Officer of the Bank of Industry, Dr Olasupo Olusi.

“We urge those who have not registered for this special event billed to be held at the Oriental Hotel to do so,” she said.

Okorocha said the forum was created to cater to the needs of female lawyers through empowerment programmes such as seminars, workshops and mentorship initiatives.

The NBA WF, she said, collaborates with sister bodies, both locally and internationally, to empower the Nigerian female lawyer for success.

“Sometimes female lawyers’ careers are truncated in some way by family obligations, stereotypical biases and cultural nuances.

“So, we empower ourselves such as through the annual conference that speaks to issues that are important to us,” she said.

On how the Forum’s activities are organised, Okorocha said: “The NBA WF has a governing council and is structured around 11 committees through which we carry out our activities.

“These include mentorship, advocacy, external relations, membership, young lawyers, in-house counsel, and public sector, among others.

“The WF has 125 branch facilitators across the country in each NBA branch.

“We also have a State Lead in each of the 36 states of the federation and Abuja.

“This way, we’re able to reach the grassroots in our bid to empower the Nigerian female lawyer.”

Head of Hospitality, Logistics and Protocol Committee, Kemi Afesojaye, said discussions have been held with the management of major hotels on the Island.

“We have secured discounted rates for delegates. We’ll also be arranging for shuttles for our speakers,” she said.

The head of the Finance and Fundraising Committee, Ifeoma Ben, said registration was ongoing.

“We hope to conclude the registration process a day before the conference.

“To register, simply visit the NBA WF website – nbawomenforum.org.ng and click on the registration link,” she said.

Also at the briefing were a member of the Content and Programme Committee, Blessing Udo and Deputy Head of Media and Publicity Committee, Gloria Ireka.
March 19, 2024
Abuja environment board barred from collecting refuse, sewage levies
- Court voids N19m demand notice on NIPCO
A High Court of the Federal Capital Territory (FCT), Abuja has restrained the Abuja Environmental Protection Board (AEPB) from imposing, levying and or collecting sewage and refuse disposal levies from NIPCO Plc or from any person or corporate body within Abuja Municipal Area Council.

Justice Olukayode Adeniyi issued the order of perpetual injunction restraining Abuja Environmental Protection Board while delivering judgment in suit No: CV/ 3493 /2022 filed by NIPCO Plc through its lawyers, Chief Paul Obi (with Ify Ikeatuegwu), against the environmental board of the FCT, including its officers, agents, employees, preview or through anybody whatsoever.

Other reliefs granted the claimant by the court included an order declaring Section 30(4) and Section 6 (1)(a) and (b) of the Abuja Environmental Protection Board Act 1997 purporting to authorise or confer powers on the defendant to impose and collect levy for sewage and refuse disposable from the claimant oil company or any other persons or corporate bodies within Abuja Municipal Area Council is unconstitutional, null and void and of no effect whatsoever.

Justice Adeniyi declared that the defendant had no legal or constitutional powers to impose any levy or fine for sewage and refuse disposal on the plaintiff or any corporate body within Abuja Municipal Area Council.

The court declared that the demand notices for the total sum of N19,400,553.36 imposed on the plaintiff by the defendant as sewage and refuse disposal levies on fines for the period 2015 to 2021 or for any period whatsoever are ultra vires, the powers of the defendants are therefore unconstitutional, null and void.

The court held that Abuja Municipal Area Council (AMAC) is the only body constitutionally empowered and authorised to impose or levy sewage and refuse disposal levies or fines on any person or corporate body in Abuja Municipal Area Council of the FCT.

Justice Adeniyi, in the judgment delivered February 21, 2024 held that the defendant as a body created by section 1 of the Abuja Environmental Protection Board Act, 1997, an Act of the National Assembly, to perform the exact functions and to exercise the powers conferred on AMAC by the constitution, cannot validly and legally impose levies or fines on the plaintiff for sewage and refuse disposal.

The court declared that the provisions of s. 30(4) and s. 6(1)(a), (b)-and (c)(iv) of the Abuja Environmental Protection Board Act 1997, which are held to be in clear conflict or inconsistent with the provisions of paragraph (1)(h) of the Fourth Schedule to the Constitution, as unconstitutional, null, void and of no effect whatsoever.

The court in addition held that the purported good sought to be done by the enactment of the AEPB Act, to the extent of its conflict with the constitution, cannot, simply for reasons of its good motives, be recognised or enforced, adding “the good sought in unconstitutional legislation is an insidious feature.”

Justice Adeniyi, citing necessary authorities and related judgments, held that the totality of the arguments canvassed by the defendant’s learned counsel with regards to the motive or the laudable idea behind the passage of the AEPB Act, must pale into insignificance in view of its conflict with nation’s grundnorm, adding, “let me also add this that I have used the constitution as the barometer to measure the AEPB Act, I reached the conclusion that it falls below the required legislative standards.”

Citing more authorities, Justice Adeniyi dismissed arguments by the defense that it was as a result of the nullification of the Taxes and Levies (Approved List of Collection) Act, that stripped AMAC of powers to collect levies and dues for waste management that compelled the defendant to assume the functions of AMAC.

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The court held that no law or judicial pronouncement can controvert or contradict a clear provision of the constitution.

“The provision of paragraph I(h) of the Fourth Schedule to the Constitution, without equivocation, preserves the powers and responsibilities of all Local Government Councils in the federation, including, in the instant case, AMAC, to provide and maintain public conveniences, sewage and refuse disposal.

“That provision, without doubt further implies that Local Councils have the constitutional responsibility to so fix levies and dues for carrying out such waste management responsibilities.

“It is therefore in furtherance of its constitutional responsibility that the AMAC Environmental Sanitation and Prohibition of Indiscriminate Dumping of Refuse Silts and other Environmental Health Offences Bye Laws No. 4 of 2012 was made.

“It cannot be said that AMAC lacked in capacity to perform its constitutionally preserved functions; and as such it is unlawful for the defendant to hijack such functions, hiding under the void provisions of the AEPB Act and the decision of the Court of Appeal nullifying the Taxes and Levies (Approved List of Collection) Act, 2004”, he held.

Justice Adeniyi declared that where the legislature enacts a law which is in conflict with any provisions of the constitution; or undermines its supremacy, the court is empowered to intervene and strike down such legislation, stressing that this is why the claimant had invoked the jurisdiction of the court to do in the circumstances of the case.

In the Originating Summon, Chief Obot for the claimant, had formulated two issues for determination of the court, including:

“Whether in the circumstances of this case and having regard to the clear provisions of the Section 1(3) for the 1999 Constitution of the Federal Republic of Nigeria, as amended (The Constitution), which guarantees constitutional supremacy over all other laws or legislations made in Nigeria, the Defendant as a body created by an Act of the National Assembly, can validly perform the exact functions and exercise the powers conferred on the Abuja Municipal Area Council (AMAC) by Section ( 7) of the 1999 Constitution; and

Whether in the circumstances of this case and considering the clear provisions of the 1999 Constitution (as amended), and Ss. 30(4) and 6 (1) (a) and (b) of the Abuja Municipal Protection Act 1997, which sections purport to confer powers and jurisdiction on the Defendant to impose and collect sewage and refuse disposal levies on the Plaintiff or any other person or corporate bodies whatsoever in Abuja Municipal Area Council, FCT is unconstitutional, null and void and of no effect.

Arguing the two issues together, the claimant’s learned counsel had asserted the supremacy of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); which he referred to rightly as the grundnorm, over and above every other law in the land, and citied the provision of s. 1 (3) of the same Constitution to underscore the point.

Chief Obot had contended that the provision of Ss. 7(1) of the Constitution established all the Local Government Councils in Nigeria and that they derived their main functions from the provision of paragraph 1(h), Fourth Schedule to the Constitution, which are “provision and maintenance of public conveniences, sewage and refuse disposal.”

He had argued further that it is pursuant to its constitutionally guaranteed functions that the “Abuja Municipal Area Council” (otherwise called AMAC), enacted its own bye-law known as the Abuja Municipal Area Council Environmental Sanitation and Prohibition of Indiscriminate Dumping of Refuse Silts and other Environmental Health Offences Bye-laws No. (4) 2012, which is to empower it collect payments on disposal/sanitation levy on all persons within the precincts of the Abuja Municipal.

Summing up his arguments, the claimant’s counsel submitted: “Abuja Municipal Area Council” is the bona fide body empowered by the Constitution for the collection of refuse and waste disposal levies, within the Abuja Municipal Area Council and not the Defendant; and as such, all the “demand notices” issued by the defendant to the claimant were invalid since the defendant lacked the legal competence to issue them ab initio.

The defense counsel, C. O. Okaro, leading A. I. Balogun formulated one issue for determination of the court.

He asked the court to determine “Whether the provisions of the Abuja Environmental Protection Board Act, 1997, with regards to waste management services in the FCT is in compliance with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”

Okaro had contended that by virtue of paragraph 7, Part Ill of the Schedule to the Taxes and Levies (Approved List of ‘Collection) Act, Laws of the Federation of Nigeria, 2004, Area Councils in Federal Capital Territory (FCT) were statutorily imbued with the right to the collection of sewage and refuse disposal fees.

He contended that the Court of Appeal, Division, in the case of Uyo Local Government vs Government of Akwa Ibom State, had nullified paragraph 7, Part Ill of the Schedule to the Taxes and Levies (Approved List of Collection) Act, Laws of the Federation of Nigeria, 2004, thereby, abrogating the rights of the Area Councils to collect sewage and refuse

disposal fees.

He argued that the “sewage and refuse disposal fee” are not taxes per se, instead, the Area Councils ought to have rendered such services and the beneficiary of the services would be obligated to the payment of fees for the services so rendered.

Okaro had further contended that the AEPB Act was enacted for the proper administration and management of waste and sewage disposal, and collection of fees, within the FCT and that the defendant is the only body empowered by law to collect payment of waste disposal fees from the beneficiaries of such services in the FCT; and thus urged on the Court to dismiss the claimant’s action.

But the claimant’s counsel submitted that the provisions of the AEPB Act which empowers the defendant to take over the main constitutionally stipulated functions of the Area Councils in the FCT is incongruous with the Constitution and is to the extent of its inconsistency, null and void and cited the cases of Saraki_vs FRN;4 and A. G. Abia vs A.G, Federation to prove its point.
March 19, 2024
Court refuses Anchorage’s application to amend claim against Ecobank

The Federal High Court sitting in Lagos on Monday refused an application seeking to amend the pleadings and claims by Anchorage Leisure Ltd and its sister companies against Ecobank Nigeria Ltd.

Justice Yelim Bogoro upheld the argument of Ecobank’s counsel Kunle Ogunba (SAN) in the suit marked FHC/L/CS/352/2023.

The parties in the case are Anchorage, Siloam Global Limited and Honeywell Flour Mills Plc as Plaintiffs/Respondents, while Ecobank is the Defendant/Counterclaimant.

Anchorage is owned by or linked to businessman Oba Otudeko (who is also sued in the matter as a defendant to the counterclaim filed by Ecobank).

At the resumption of proceedings, Benjamin Nwosu appeared for the Plaintiffs/1-3rd Defendants to Counterclaim, while Ogunba appeared for the Defendant/Counterclaimant.

Elijah Akefe appeared for the 4th Defendant to the counterclaim, C. I. Umeche for the 5th Defendant to the counterclaim, while O. Akinduro represented the 6th Defendant to the counterclaim.

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The Plaintiffs/Applicants had filed an application dated October 23, 2023, seeking to amend their Writ of Summons and all other originating processes in the suit.

But, refusing the application, Justice Bogoro held that it was overreaching as it was filed to change the Plaintiffs’ case.

The court observed that the Plaintiffs had through the proposed amendment deleted the admission contained in the processes and that the application was filed to overreach Ecobank’s application for summary judgment, noting that Ecobank’s application for summary judgment was filed due to the Plaintiffs’ admission.

It consequently struck out the application for lacking merit.

Following arguments by the parties on the priority of pending applications, the court ruled that it would hear all pending applications (ripe for hearing) on the next adjourned date, including Ecobank’s application for summary judgment.

Justice Bogoro adjourned till April 17, 2024.

March 19, 2024
Journalist’s N1.4m theft case against lawyer adjourned

Magistrate Yeside Balogun of a Yaba Magistrate Court has adjourned till April 15, the hearing in the alleged N1.4 million theft charge brought by a journalist, Segun Adenuga, against a lawyer, Moses John Jackson.

Although hearing in the matter was fixed for March 12, the court failed to sit on the matter owing to incessant blackout of the courtroom.

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The court registrar informed the applicant that the matter has been fixed for hearing on April 17.

It would be recalled that hearing in the case stopped midway on February 17 due to sudden power cut to the court room.

The Octogenerian had accused Jackson of breaching the agreement over the sale of his mother’s house located at 19 Ramonu Street, Ikate, Surulere, Lagos.

Adenuga is accusing the lawyer of not remitting rent collected on his mother’s house and refusing to refund money paid to him to obtain letter of administration on their mother’s estate.

He denied using over N600,000 collected as rent on his mother’s house by the lawyer to settle personal indebtedness on his rented apartment.

Jackson however denied the charges.

March 19, 2024
Agency enlists youths in battle against domestic, gender violence

Lagos State Domestic and Sexual Violence Agency (DSVA) has inducted 201 students drawn from 20 schools in Education District Six into the Kings and Queens Club.

At the induction, Commissioner for Youth and Social Development Mr. Mobolaji Ogunlende said the intitaive was to ensure that boys and girls serve as peer educators in the fight against Sexual and Gender- Based Violence (SGBV) in schools and communities.

While urging them to speak out and report any case of domestic or sexual violence in their communities, Ogunlende said the initiative was in line with the T.H.E.M.E.S-Plus Agenda of Governor Babajide Sanwo-Olu, particularly youth engagement and social inclusion.

Similarly, the lawmaker representing Lagos Island Constituency 1, in the House of Assembly, Princess OmoLara Olumegbon, said the programme was aimed at reiterating the state government’s zero tolerance for all forms of sexual and gender-based violence, and to address the grappling issues of violence that individuals and communities are faced with.

Olumegbon urged the students to continue to strive for excellence and champion a world free of all forms of Sexual and Gender-Based Violence and to see themselves as ambassadors and change agents in the society.

DSVA Executive Secretary, Mrs. Titilola Vivour-Adeniyi, said the initiative was aimed at creating a sustainable social structure in educational institutions that would help debunk socio-cultural misconceptions and promote empowered femininity to bring about behavioural and attitudinal change in the minds of young girls in Lagos State

Vivour-Adeniyi said the initiative would also help to constitute an alliance of trained young girls and boys in schools who would serve as peer educators and advocates of positive femininity and masculinity.

She said the club which has exposed the girls and boys to increased knowledge on Gender-Based Violence would enable them question dominant norms which promote gender inequities as well as challenge myths and misconceptions about violence.

Vivour-Adeniyi, said empowering and inaugurating the students into the King’s Club and Queen’s Club Initiative was expedient as children are amongst the statistics of victims, prey to peodophiles and forms of abuse.

The Managing Director, Lagos Bus Service Limited (LBSL), Mr Idowu Ogunlana and the GM Lagos State Parking Authority ( LASPA), Mrs Adebisi Adelabu who both served as mentors presented certificates and identity cards to the students.

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A mentor, Mr. Olaonipekun Kazeem, gave the charge to the students at the event to carry out the mission of the Kings Club without fear or favour.

On his part, the Chief Executive Officer (CEO), UAC Foods Limited, Oluyemi Oloyede, praised efforts of the DSVA in ensuring attitudinal change in the society.

Oloyede said the efforts would tackle the menace of Gender Based Violence and the prevention of Child Domestic and Sexual abuse in Lagos

A student of Euba Senior Secondary School, Babayomi Abraham, whilst recounting what he had learnt during the six weeks program, urged his peers to remember to demonstrate grit, tenacity and resilience as these are critical attributes for them as they sojourn into adulthood.

Meanwhile, after taking the pledge of allegiance, the students from the Education District 6, were subsequently inducted into the club and awarded certificates and identity cards to validate their induction into the Kings and Queens club.

March 19, 2024
Lawyers: foreign military aid no threat to sovereignty

On October 31, 2020, United States Special Forces stormed Nigeria and rescued an American citizen, Philip Walton, 27, in an operation in the Sambisa forest in Borno State.

The special forces, including the US Navy Seals, from the Naval Special Warfare Development Group (DEVGRU), in a daring nighttime operation, rescued Walton, who was abducted on October 27, from his home in the southern part of Niger Republic.

The operation resulted in the killing of six of the seven abductors.

Walton, a farmer who kept camels, sheep and poultry and grew mangoes near the border of Nigeria, was kidnapped by six men armed with assault rifles who arrived on motorcycles at his home in Massalata village.

His wife, young daughter and brother were left behind.

Walton’s abductors demanded money and searched his home before leaving with him.

His rescue underscores how advanced military technology can be deployed.

The kidnapping menace

Incidences of kidnapping, especially in the North, have spiked in the last few weeks.

On March 7, at least 287 pupils were abducted from the Local Education Authority (LEA) Primary School in Kuriga, Chikun Local Government Area of Kaduna.

No fewer than 61 people were abducted by suspected terrorists who attacked the Buda Community in Kajuru Local Government Area of Kaduna on Monday.

Also, bandits in Sokoto kidnapped 16 Qur’anic students.

In Borno, some women were reportedly kidnapped from their Internally Displaced Peoples (IDP) camp.

On the evening of January 7, a band of kidnappers dressed in full military uniform invaded the home of a lawyer, Oladosu Folorunso Ariyo, located at Sagwari Layout Estate in Dutse, Abuja.

Ariyo’s wife, also a lawyer, and four children were kidnapped. The kidnappers demanded N60 million.

Ariyo raised N7 million but the kidnappers rejected the money as they insisted on N60 million.

His firstborn, Michelle Ariyo, aged 13, was killed and her body was dumped on Kaduna Road.

A bewildered Ariyo said the bandits threatened to kill his remaining three children, who are minors and his wife if he failed to provide the N60 million ransom.

Six sisters of the Al-Kadriyar family were kidnapped by bandits in the Bwari area of Abuja on January 2.

They regained freedom after the payment of ransom, according to one of the sisters.

The gunmen killed their eldest – Nabeeha Al-Kadriyar, a 400-level student of Biological Science at Ahmadu Bello University (ABU).

Nabeeha was abducted along with her father and sisters from their home.

Many Nigerians have been calling on the government to seek external support, if necessary, to end the rising insecurity, especially the mass abduction of pupils.

Foreign govts offer assistance

Minister of Information and National Orientation, Mohammed Idris, said the Federal Government was reviewing the offer of foreign assistance in the battle against kidnapping and other high-profile crimes.

He said the United States and other countries, which he did not name, have offered to assist Nigeria.

He spoke with reporters last Wednesday at the State House, Abuja, after the Federal Executive Council (FEC) meeting, which was presided over by President Bola Ahmed Tinubu.

Idris said: “We’re aware that it is not just the U.S. that has offered to help.

“Other countries have also offered to support Nigeria.

“But what we can tell you is that the government is still reviewing these offers and the position of government will be made known.”

Ongoing security partnership

For more than 50 years, the United States and Nigeria have enjoyed a strong security partnership and friendship.

The U.S.-Nigeria relationship is among the most important in sub-Saharan Africa, given Nigeria’s status as Africa’s most populous country and largest economy, according to the Bureau of Political-Military Affairs of the U.S. Department of State.

The United States works closely with Nigeria, both bilaterally and through regional and multilateral fora like the Economic Community of West African States (ECOWAS), the Multinational Joint Task Force (MNJTF), and the Global Coalition to Defeat Daesh/ISIS and the African Union.

The joint efforts are focused on increasing cooperation on maritime and border security, military professionalisation, counterterrorism efforts against Boko Haram and ISIS-West Africa, defence trade, and strengthening governance of the security sector.

The Department of State provides Nigeria with one of the highest International Military Education and Training (IMET) allocations in sub-Saharan Africa, with approximately $5 million obligated from 2019 –2023.

Nigeria is also a partner in the Africa Military Education Programme (AMEP) and has benefited from approximately $500,000 since 2016 to support instructor and curriculum development at Nigerian military schools.

From 2016 to 2020, $1.8 million was obligated for Nigeria in Foreign Military Financing to support maritime security, military professionalisation, and counterterrorism efforts.

Nigeria is an active member of the Trans-Sahara Counterterrorism Partnership (TSCTP) and has benefitted over $8 million worth of training, equipment, and advisory support for counterterrorism efforts between the financial years 2019 and 2023.

The United States has $590 million in active government-to-government sales cases with Nigeria under the Foreign Military Sales (FMS) system.

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Recent and significant sales include the 2017 sale of 12 A-29 Super Tucano aircraft worth $497 million to support Nigerian military operations against Boko Haram and ISIS West Africa.

In August of last year, Nigeria delivered the first payment for 12 AH-1Z Attack Helicopters worth a total of $997 million.

Between 2018 and 2022, the United States also authorised the permanent export of over $53 million in defence articles to Nigeria via the Direct Commercial Sales (DCS) process.

The top three categories of defence exports to Nigeria were fire control, laser, imaging, and guidance equipment; firearms and related articles; and guns and armament.

In 2011 and 2015 Nigeria received $15 million in defence articles granted under the Excess Defense Articles programme, including 24 Mine-Resistant Ambush Protected (MRAP) vehicles and two Hamilton-class U.S. Coast Guard high endurance cutters – the USCGC Chase and USCGC Gallatin – which entered service in the Nigerian Navy as Thunder and Okpabana in 2011 and 2014, respectively.

In 2016, the United States and Nigeria signed an Acquisition and Cross-Servicing Agreement to exchange common types of support, including food, fuel, transportation, ammunition, and equipment.

Since 2000, the United States has had a Status of Forces Agreement with Nigeria establishing the legal framework under which U.S. military personnel may operate when present in Nigeria.

Since 1993, the United States has provided $2.14 million to support conventional weapons destruction and humanitarian mine action programs in Nigeria.

In March 2017, the Department of Defense donated demining and Explosive Ordnance Disposal (EOD) equipment to Nigeria and provides mine action training for Nigeria’s EOD teams at the Nigerian School of Military Engineering.

Lawyers: more support welcome

Legal experts, including Chief Louis Alozie (SAN), Chief Fassy Yusuf, former Chairman of Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL), Dr Monday Ubani and Dr Adewale Kupoluyi shared their views on the matter.

Weighing the risks

Alozie noted concerns that the involvement of foreign nations can undermine Nigeria’s sovereignty as an independent nation.

He, however, said the merits outweigh the concerns, especially in this era of technology where not much can be hidden from military experts.

“Nations do hire mercenaries from foreign countries to assist them fight wars or insurgents.

“There is not much difference between that arrangement and the one which the Federal Government intends to go into.

“The present security challenges appear to be beyond what our internal security can handle,” the SAN said.

Noting the war with insurgents is now a matter of life and death, he added: “Our citizens are being wasted at an alarming rate; the agro-economy is in taters as our farmers can no longer go to farms, which is a contributory factor to the present food scarcity and insecurity.

“So, it has become expedient that foreign assistance is sought.”

‘No nation is an island ‘

According to Yusuf, no country can do it alone in battling major cases of insecurity.

He said: “In the current world we live in, we have inter-dependence on nations. No nation is an island.

“Nigeria accepting or being offered assistance in the area of security to combat insurgency, kidnapping and banditry is a welcome development.

“Some of these countries, especially USA, Israel, Canada, Italy, France and indeed China, have better technology and are in a position to assist us in the area of surveillance, equipment such as drones and others.

“Don’t forget that as mighty as Israel is in the area of security and technology, they still look up to the USA in particular and other friendly countries to supply them with technology.

“When you look at what is happening between Russia and Ukraine, you can see that Ukraine is getting a lot of assistance from NATO countries.

“So, we should be no exception.”

Sovereignty not threatened

Yusuf believes Nigeria’s sovereignty will not be jeopardised unless it is handled recklessly.

He said: “We should look forward to a situation where, with equipment to be handed over to us, we would be able to tackle insurgency.

“I believe that at the end of the day, Nigeria would be better for it.”

‘Why Nigeria should accept offers’

Dr Kupoluyi said that one of the advantages of bilateral relations is to increase and strengthen ties for the benefit of countries.

He noted that Nigeria and the United States already have strong ties that could be further explored.

“Sovereignty is not threatened under such a deal. Both parties are certainly guided by rules and clauses, as provided for under military cooperation.

“Given insecurity pervading our country, the administration of former President Muhammadu Buhari had called on the United States to consider relocating US Africa Command from Stuttgart, Germany, to Africa, nearer the Theatre of Operations to protect the country from violent kidnappings.

“This did not work out as desired,” he recalled.

Kupoluyi said a more permanent arrangement would be to get more youths and young people into the military to defend the nation’s territorial integrity.

“Our security apparatus should be revamped while the problem of corruption that has not spared any sector of our national life from thriving,” he said.

Kupoluyi stressed that one of the major challenges Nigeria is faced with is insecurity.

According to him, foreign investors are driven away while farmers are prevented from producing food, thus aggravating the level of hunger and poverty in the land.

Ubani: military aid legal

Ubani said whether foreign security assistance compromises sovereignty depends on several factors, which he highlighted.

“Nature of the assistance: If the assistance is provided in a way that respects Nigeria’s autonomy and is based on a collaborative approach, it is less likely to be seen as compromising sovereignty.

“For example, programmes designed in partnership with Nigerian authorities that strengthen local capacities can be viewed positively.

“Terms and conditions: The specifics of the agreement between the countries can also influence perceptions of sovereignty.

“If the assistance allows for significant control or decision-making power by the assisting country over Nigeria’s internal affairs, it could be seen as infringing on Nigeria’s sovereignty.

“Public perception and governmental transparency: How the assistance is perceived by the Nigerian public and the level of transparency around the agreements can also play a critical role.

“If the public feels that the assistance is beneficial and is kept well-informed about the terms and implementation, there may be less concern about sovereignty.

“Effectiveness and respect for human rights: The effectiveness of the assistance in addressing the issues at hand, and whether the efforts respect human rights and local customs, can influence whether the assistance is viewed as supportive or intrusive.”

According to Ubani, assistance from foreign countries, especially in sensitive areas like security, needs to be managed carefully to ensure it does not undermine the principle of sovereignty.

He said such assistance should be designed to empower the recipient country, allowing it to take the lead in addressing its challenges while benefiting from external expertise and resources.

“Nigeria is under no legal disability to receive any support from any foreign country, especially in areas the country is deficient.

“But on no condition should the country’s sovereignty be compromised by the government,” Ubani said.

March 19, 2024