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  • Anti-arbitral injunctions: implications of Section 64 of Arbitration & Mediation Act

    Anti-arbitral injunctions: implications of Section 64 of Arbitration & Mediation Act

    Does Section 64 of the Arbitration & Mediation Act strip courts of their power to grant anti-arbitration injunctions, or injunctions generally in arbitral matters? Is this consistent with the Constitution? Adetokunbo Davies examines the issue.

    In recent times, arbitration has enjoyed increased patronage in Nigerian commercial disputes. Indeed, parties to arbitration agreements, the arbitrators and the Court are becoming more cooperative and confident, and less circumspect.  Thus, including arbitration clauses in commercial agreements afford parties the opportunity to refer their disputes to a “seemingly” simple, quick, convenient and cost-effective process which is geared at saving them from the tedious and complicated procedures of a court. Consequently, arbitration agreements or clauses confer jurisdiction on the arbitral tribunal to constitute and decide the disputes between the parties. However, there may be instances where a party seeks the intervention of a Court by way of an injunction, to restrain the other party from commencing or continuing arbitral proceedings. This category of injunctions has now been termed ‘anti-arbitration injunctions’. Although the Nigerian Courts generally have the power to grant injunctions in all cases in which it appears to the court to be ‘just and convenient’, however, the grant of anti-arbitration injunctions seems to have been ousted from the Nigerian legal jurisprudence by the decisions of our Court relying solely on the provisions of Section 34 of the Arbitration and Conciliation Act (the ACA) (now Section 64 of the Arbitration and Mediation Act 2023 (AMA))which regulates the intervention of the Courts in arbitration.

    This article will examine the provisions of Section 34 of the ACA now 64 of AMA, the provisions of the Constitution, the High Courts Act (both Federal and Lagos State) and the decisions of the Court of Appeal in Stabilini Visinoni Ltd. v Mallinson & Partners Ltd. , Statoil (Nig) Ltd v NNPC , and S.P.D.C.N. Ltd v. C.I.N.R. Ltd , in understanding the implications of Section 34 of the ACA now 64 of the AMA.

    Nature of injunctions

    An injunction may be seen as an equitable remedy in the form of a Court order that either prohibits or compels (“enjoins” or “restrains”) a party from continuing a particular activity. A party who fails to adhere to the injunction faces civil or criminal contempt and may have to pay damages or sanctions for failing to follow the order.   It is important to note that at the very core of injunctive reliefs, is the recognition that monetary compensation may not suffice in all instances. An injunction may be permanent or temporary. The power of the Court to grant an injunction is in equity. The Court will instinctively reserve its equitable powers for situations when there is no adequate remedy at law. This leaves the party seeking an injunction with the heavy burden of demonstrating facts and circumstances warranting the grant of an injunction, especially since the court is well aware of how drastic and serious injunction are and as such applies its discretion with caution. In deciding whether to grant an injunction, the Court must balance the benefit of an injunction to the plaintiff against the inconvenience and damage to the defendant and grant an injunction which seems consistent with justice and equity under the circumstances of the case. In other words, once the Court is satisfied that the underlying claim or request for an injunction should be taken seriously, the court will exercise its discretion according to “the balance of convenience”.

    The power of Nigerian courts to grant injunctions is inherent and conferred by the provisions of the Constitution. 

    This power has been judiciously espoused in a plethora of cases. In the case of Azuh v UBN Plc, it was held that by virtue of the powers conferred on the High Court by section 6 (6) (a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) the High Court has the power to grant an ex parte order of interim injunction upon the fulfilment of certain conditions . The High Court Law of Lagos State also confers on the High Court, the power to grant injunctions  . Similar provisions exist in the High Court Laws of other States.Furthermore, this power also exists under Section 13 of the Federal High Court Act, which gives the court powers to “grant an injunction or appoint a receiver by an interlocutory order in all cases in which it appears to the court to be just or convenient so to do”. This power has also been tested in plethora of authorities including the case of Akingbola v Chairman, EFCC .

    Anti-arbitration injunctions in Nigeria

    Anti-arbitration injunction is one of the many forms in which injunctions can be granted by the Court. Anti-arbitration injunctions are injunctions which seek to prevent the initiation or continuation of an arbitration proceedings, invalidate the arbitral process, suspending enforcement, and in some cases, it may take the form of retrospective refusal to recognise the jurisdiction of the tribunal. They could be sought for various reasons such as:

    • where there is no agreement to arbitrate;• where arbitral proceedings have been initiated at the wrong seat;

    • where arbitral proceedings have been initiated before the wrong institution;

    • where the arbitral proceedings are outside the scope of the arbitration agreement;

    • where an arbitration of a certain issue is res judicata;

    • where an exclusive court jurisdiction clause has been breached; and

    • where an arbitration has been commenced against a third party who was not a party to the agreement.

    In Nigeria, over the years, case law has suggested that the powers of a Court to intervene in arbitration are as defined under Section 34 of the ACA, now 64 of the AMA which provides that; “A court shall not intervene in any matter governed by this Act except where so provided in this Act.’” This provision has been interpreted, in a few decisions of our Appellate Courts, to mean that the Courts are not empowered to grant arbitral injunctions because, such power is not provided for under the Act.

    The Court of Appeal in the case of STATOIL (NIG) LTD V NNPC adopted this approach.  In that case, the Appellants and the 1st Respondent were parties to a production sharing contract dated the 18th of May 1993 in respect of an oil mining lease, which provided for reference of any difference or dispute between the parties concerning the interpretation or performance of the contract to arbitration.

    Read Also: ‘Arbitration/Mediation law will entrench its practice in judiciary’

    Despite this agreement, the 1st Respondent commenced a suit at the Federal High Court against the appellants and the 2nd -4th Respondents, seeking an exparte order of interim injunction, restraining them from continuing with the arbitral proceedings due to the fact that the claims were related to matters of taxation, which the 1st Respondent contended were matters that ought to be determined by either the Tax Appeal Tribunal or the Federal High Court.

    The Appellants were aggrieved with the ruling of the Federal High Court granting the order of interim injunction. Subsequently, they appealed to the Court of Appeal, asserting that by Section 34 of the Arbitration and Conciliation Act, the Federal High Court did not have the power to intervene in the arbitral proceedings between the appellants and the 1st Respondent. The Court held per Honourable Justice Akinbami J.C.A; ‘’ In this instant case, the issuance of ex-parte interim injunction does not fall under the exceptions to section 34 of the Arbitration Act.

    The learned trial Judge of the lower Court acted outside the jurisdiction conferred on him by granting the ex-parte interim order…the interim order granted by the lower court ex-parte is hereby discharged’’  In the same vein, the Court of Appeal in STABILINI VISINONI LTD. V MALLINSON & PARTNERS LTD.  delivered a similar decision. 

    In that case, the respondent was a dealer in the importation and sales of building materials, while the appellant was a civil works and construction company.

    The Local Purchase Orders (LPOs) between the two parties contained an arbitral clause.

    However, when a dispute arose, the respondent commenced proceedings via the court, for breach of contract and cost of action.

    The appellant brought an application praying the court to stay proceedings until the parties complied with the arbitral clause contained in the LPOs which stipulated referral to arbitration prior to commencement of court action.

    The respondent conceded to the application. Consequently, an arbitrator was appointed and the date for the preliminary meeting was fixed, which the appellant did not honour as the counsel apprised of the matter had a prior engagement.

    The appellants proceeded to propose settlement on the condition that the respondent withdrew/discontinued all claims, suits and arbitral proceedings against them.

    The respondents made a counter offer which the appellants failed/refused to respond to. Seeing that the appellant was not forthcoming in the matter, the arbitrator moved to render an award.

     The appellant then went back to the court, praying for an interim order to restrain the arbitrator from ‘taking steps in the dispute between the parties until the motion on notice for similar reliefs is heard or determined.’

    The arbitrator subsequently rendered the award, and the respondent went to the court to enforce it, while the respondent applied to set it aside, inter alia. The trial court, in its judgment, dismissed the appellant’s application to set aside the award, but granted the respondent’s application to enforce the arbitral award.

    The appellant was dissatisfied and appealed to the Court of Appeal.  The Court held that the appellant, by submitting to arbitration, had surrendered its right to have disputes between them resolved by the other means of conflict resolution such as the court.

    The Court also held that the appellant, having chosen to take the respondent down the path of arbitration, could not then turn around to demand that the legal principles that obtain in a court of law must be complied with at the Arbitral Tribunal.

    In a more recent decision in the case of S.P.D.C.N. Ltd v. C.I.N.R. Ltd (supra) the Court of Appeal, in the determination of the matter (International Arbitration), considered Section 13 of the Federal High Court Act, and Section 15 of the Court of Appeal Act, the provisions of which respectively state that the Courts have the power to grant injunctions as bestowed upon them by the Constitution.

    The Court of Appeal in this matter also held that; “By virtue of section 13 of the Federal High Court Act, the court may grant an injunction or appoint a receiver by an interlocutory order in all cases in which it appears to the court to be just or convenient so to do. Any such order may be made either conditionally or on such terms and conditions as the court thinks just.

    The implication of the foregoing is that pursuant to the provision of section 15 of the Court of Appeal Act, the Court of Appeal can exercise the powers conferred upon the Federal High Court to grant an injunction, such as an anti-arbitration injunction, under section 13 of the Federal High Court Act. Thus, the Court of Appeal and the Federal High Court can grant an order of injunction enjoining a foreign arbitration proceeding.

    To this extent, the respondents’ preliminary objection failed and was accordingly struck out.” However, the Court was of the view that the power to grant anti-arbitration injunction was limited to international arbitration and not domestic arbitration. The Court held that under domestic arbitration, by virtue of Section 34 of the ACA, a Nigerian court shall not intervene by granting any injunction enjoining any arbitral proceedings brought pursuant to the provisions of the Arbitration and Conciliation Act.  As brilliant as this principle may seem, it is pertinent to note, that in the opinion of this writer this provision has been misconstrued, as there is a seeming assumption that the provision of the former Section 34 of the ACA was to curtail the powers of the Courts to grant injunctions, which may likely not be the intendment of the provision. This is because there is nothing expressly stated in that provision or any other provision of the ACA that a Court may not grant an anti – arbitration injunction.

    If the Court of Appeal was willing to grant an anti-arbitration injunction in respect of an international arbitration, the write sees no reason why our Courts should interpret Section 34 to divest our Courts of jurisdiction to grant anti-arbitration injunctions. Assuming Section 34 or any other provision of the ACA indeed ousts the jurisdiction of the Court to grant anti -arbitration injunctions then that said provision is inconsistent with the Constitution which gives the Courts jurisdiction to grant injunctions and to that extent same must be invalid, null and void because the Constitution is the highest law of the land and therefore all other laws owe their legitimacy to it.

    Accordingly, any law which is inconsistent with it cannot survive. In other words, all laws made by the National and State Assemblies owe their survival to it, and therefore any law that conflicts with any of its provisions will be a nullity. That being so, the jurisdiction of the High Court conferred or vested by the constitution cannot be taken away or in any way interfered with by any legislation or other statutory provision. If it is desired to divest, tamper or interfere with the jurisdiction granted by the constitution, it is only the constitution itself, through a constitutional amendment that can do so .In the case of AMCON v. Shittu (Unreported CA/L/1266/2019) the Court of Appeal considered a provision of the Assets and Management Corporation of Nigeria (Amendment No. 2.) Act 2019 , which restrains the Court from granting an order of injunction against the Corporation.

    In declaring that provision null and void, It was held per Dongban-Mensem (JCA) delivering the lead judgment that; ‘’The provision of Section 34(6) of the AMCON Act seeks to curtail the discretion of the court and also seeks to curtail the rights of citizens to seek redress or help from the Court. This is inconsistent with the provisions of the Constitution and is therefore declared null and void to the extent of its inconsistencies.’’

     In England, the Courts are clothe with jurisdiction to grant anti-arbitration injunctions restraining persons from commencing or participating in arbitration proceedings. The jurisdiction of the Court in this regard is founded on its inherent powers under section 37 of the Senior Courts Act 1981 (SCA 1981).

    The Court is also empowered under sections 44 and 72 of the Arbitration Act 1996. This power is however used in exceptional circumstances, in that the pro-arbitration stance adopted by the courts require them to step back where the arbitrators are seized of an issue relating to their own jurisdiction.  Claxton Engineering Services Ltd v TXM Olaj-és Gázkutató Kft  is an example of an exceptional circumstance in which an anti-arbitration injunction was held to be appropriate .

    In that case, the Court was emphatic in holding that:In order to establish exceptional circumstances, it will usually be necessary, as a minimum, to establish that the applicant’s legal or equitable rights have been infringed or threatened by a continuation of the arbitration, or that its continuation will be vexatious, oppressive or unconscionable… In the present case the claimant can establish that the continuation of the arbitration will be a breach of its legal rights… This is also a case in which the claimant can establish that it would be vexatious and oppressive to allow the arbitration to continue since this court has already held that there is no arbitration agreement.

    Allowing the arbitration to continue will therefore not only involve the claimant in duplication of work and needless expense, but it will do so on a jurisdictional basis which this court has already held does not exist.

    In conclusion, I am satisfied this is one of those rare and exceptional cases in which it is appropriate to grant an anti-arbitration injunction.

    Conclusion

    It is the opinion of the writer that the provisions of the new Section 64 AMA that prohibits the intervention of the courts except where so provided by the Act do not expressly strip the courts of their power to grant anti-arbitration injunctions, or injunctions generally even in arbitral matters.

    Even if it did, the provision would be inconsistent with the Constitution and a clear violation of the powers granted to the Courts – thereby rendering them null and void to the extent of its inconsistency.

    I believe a better approach will be for our courts to accept that they possess the jurisdiction to grant such injunctions, however the exercise of that jurisdiction should only be in exceptional cases as noted by the Court of Appeal in S.P.D.C.N. Ltd v. C.I.N.R. Ltd, where it was held that, “Anti-arbitration injunction will generally only be granted in exceptional circumstances.

    In order to establish exceptional circumstances, it will usually be necessary, as a minimum, to establish that the applicant’s legal or equitable rights have been infringed or threatened by a continuation of the arbitration, or that its continuation will be vexatious, oppressive or unconscionable, these being the principles which govern the grant of injunctions to restrain proceedings in a foreign court.”

    • Adetokunbo Davies is an Associate Partner in the dispute resolution practice of Pinheiro LP.
  • ‘I studied Law to speak for the oppressed’

    ‘I studied Law to speak for the oppressed’

    Emmanuel Chukwuebuka Ezeh studied Law at the Enugu State University of Science and Technology (ESUTH). He tells Elizabeth Eze what inspired his career choice.

    Growing up

    I am from Nsukka Local Government in Enugu State. My parents are into business (maybe that’s where I got my business ideas). My parents have five children – four boys and a girl. I’m the second child. I’m glad I came from a family where parents still place high regard on morals.

    Education

    I attended Mercy Nursery and Primary School. I had my secondary school education at Marist Comprehensive Academy, Uturu, Abia State. My secondary school days were pleasant. I can say that was where I picked up academically.

    I attended Enugu State University of Science and Technology, graduating in 2022.

    Scaling Law School

    Law School was demanding. It’s a world on its own. The books to read were enormous. I barely had time for myself. I didn’t engage in any recreational activity. I had to plan myself in a way that I read twice a day – afternoon and midnight.

    Choice of law 

    My study of law was inspired by real-life experiences and inhuman acts in our society. From my childhood, I had wanted to be in a position where I could speak for people who are victims of oppression.

    Read Also: Court dismisses Nnamdi Kanu’s appeal on unlawful arrest, detention

    Love for football

    None of my family members is a lawyer. I’m the first lawyer. 

    Aside from c.hoosing law as my profession, I wanted to be a footballer. Football is a game I have  passion for. The dream of being a professional footballer is still in me.

    During my university days, I was the SUG Treasurer and I received an award.

    Call to Bar

    We celebrated it in our own way and capacity, not necessarily a party.

    Guiding principles

    Good ought to be done and evil is to be avoided. However, wherever there is a wrong, there must be a remedy.

    Most interesting aspect of profession

    Research. I love research.

    Five-year dream

    I believe God will place me in a position of high regard.

  • Court worker: how kidnappers emptied my account in Abuja

    Court worker: how kidnappers emptied my account in Abuja

    A staff member of the Federal High Court in Abuja has shared her ordeal in the hands of kidnappers. She pleaded to remain anonymous.

    It was about 8 pm. I stood at Banex Roundabout where taxis going towards GLO, Diamond, Nitel, Finance Bridge & Secretariat pick up passengers. I saw the first silver-coloured cab. A mature lady sat in front. Two guys sat in the back. One was fiddling with his phone. I did not suspect anything.

    As we were approaching GLO Junction, the one beside me grabbed me by the neck and shouted: ‘Go down, go down’. He said I had been kidnapped so I should cooperate or they would kill me and throw my body out of the car.

    They rolled up the windows, which were tinted. They collected my bag and gave it to the woman in front to search.

    The driver, who they called Alhaji, asked me how much was in it. I told them to take whatever they wanted from the bag and let me go. That was when I received the first slap.

    They forced me to sit on the car floor while they smoked. Afterwards, they asked for my ATM card. I had none with me. They asked me to unlock my phone. They asked how many accounts I operate. I said one. They asked for N1.5 million to let me go, or it would be N3 million if they took me to their camp. They reminded me that there were others in the camp.

    One of them collected my wristwatch, necklace, bracelet, and rings and asked me not to tell the others that he collected those things.

    They spoke Hausa fluently and spoke Igbo too but the one they call Alhaji pretended not to understand Igbo.

    When they searched my bag and saw my ID card, they said: ‘Aaaah, you people were the ones that transferred our mandate to Tinubu.’ I said I didn’t know what they were talking about; that I was not a judge.

    They asked me to start calling my contacts to send money to rescue me. If I hesitated, they would slap me.

    They dialled the numbers and told me what to say. They said that I should tell them that I entered into the wrong hands and that they needed N1.5m and they should send what they had; that N500,000 had been raised ant only N1 million was left. By then, they had transferred all the money in my account.

    If a contact said he or she did not have money, I would receive more slaps. If the person said he or she could not transfer due to some issue, they would slap me more and curse the person.

    I called my secondary school classmates, colleagues and friends and they sent money. I called my boss. He negotiated with them for N200,000 and they agreed to let me go once they got the money, but they never released me as people kept transferring money for my release.

    All the while, we never stopped or even met policemen on the way. No checkpoint. They stopped once when the guy who was operating my phone told Alhaji that he was pressed. People transferred money and they kept moving it into an account.

    Aside from the constant slaps, I was suffocating because of the smoking. The woman in front was asked to shift the seat backwards. It pressed against my hips. I could not breathe well. When they noticed I was about to faint, they asked the woman to move the seat forward.

    They transferred all the money my contacts sent from my account to theirs. They kept calling people until they exhausted my contact list and money was no longer coming in.

    People kept asking where I was but I didn’t know because I was on the floor of the car and everywhere was dark. Then they decided to let me go. When they wanted to drop me off, they saw a car coming and kept moving. When the coast was clear, they asked me to alight and handed me my bag. It was empty.

    I left the dark spot and walked to a road that was lit. A kind driver stopped after many attempts to flag down one. He took me to Adetokunbo Ademola. It was past 3 am. The man who offered me the ride said he picked me up at Mabushi area, and that it’s the kidnappers zone. He gave me N1,000 because he saw I had nothing. I am really grateful to him.

    Read Also: Ruling house tackles Adeleke for violating court order

    Even the drink I was sent to give someone for a burial was taken. My perfume in my bag was taken. They only left my ID card, house key, pen and notepad.

    They knew which routes had no police checkpoints and which way to follow. The routes they took were mostly dark.

    Throughout the movement, I was not allowed to sit up or look up. I had severe pains in my waist, hip and back. My legs were swollen. I could not hear well for two weeks. For four days, I could not chew anything because my jaw was so stiff. I had a constant headache for weeks.

    The experience was traumatic, but I am thankful that I was not raped and I came out of it alive. I am still recovering from the shock, losses and bruises.

  • ‘How women judges can thrive’

    ‘How women judges can thrive’

    Governor Babajide Sanwo-Olu of Lagos State has charged women judges to identify obstacles that hinder women’s advancement and fashion strategies to overcome them.

     He urged them to carve out a future where women in the legal profession would stand on equal footing with their male counterparts.

    Sanwo-Olu gave the charge while addressing the 1st South-West Zonal Workshop of the National Association of Women Judges of Nigeria (NAWJN) held at Marriot Hotel, GRA, Ikeja.

    The theme was: “Breaking Leadership Barriers for Women in Legal Profession”.

    The governor, who was represented by the Secretary to the State Government, Mrs Bimbola  Salu-Hundeyin, expressed joy that Nigerian women judges compete favorably and effectively with their counterparts globally in the dispensation of their sacred duties as members of the hallowed inner bar.

    He celebrated the women judges particularly in the South West of Nigeria.

    Governor Sanwo-Olu also commended Justice of the Supreme Court,  Kudirat Kekere-Ekun for sustaining the platform for women judges to confer and  build structure that would sustain the legal instrument of the state and the country.

    “Your dedication and commitment to advancing women leadership in the legal profession are truly commendable and I am confident that this conference will provide robust solutions and forge new and workable  strategies to bring about lasting and tangible change that you have constantly desired and would live forever in our lives”, he said.

    The Chief Judge of Lagos State, Justice Kazeem Alogba, in his remarks, noted that the female gender are becoming more successful and advancing in the legal profession.

     To buttress his position, he stated that during the just concluded ‘Call to Bar’ held March 7 in Abuja, he received into the Nigerian Bar, the Overall Best Student of the Year from the Nigerian Law School (NLS) for this year, one Lawal Aminat Odunayo, a young woman.

    He said shealso emerged as the Best Promising Student of the Year as well as the Best Female Student in Civil Litigation.

    Earlier, Justice Kekere-Ekun, who is the President of NAWJN, in her opening address, remarked that there is still much work to be done notwithstanding that the country has come a long way in terms of women achieving leadership positions in the legal profession.

    Justice Kekere-Ekun noted that there are still many challenges inhibiting women from reaching the zenith of their careers which she listed to include domestic impediments, difficulty in maintaining a work/life balance, lack of support in the home, working conditions that are not favourable to women, such as frequent postings of women with

    young families, gender bias — belief that certain positions are more  suited to the male gender, lack of mentorship programmes, to name a few.

    She pointed out that women have been exceptionally blessed by God with innate skills and the ability to multi-task, which can enhance and support nation building.

    Read Also: Justice for SGBV victims: CSOs, Lagos judges, converge

    “It is therefore imperative to recognize the invaluable need for the participation of women in policy making and to strive to ensure their inclusivity in the promotion of policies that are gender sensitive and which provide greater access to justice.

    She said that the International Association of Women Judges had partnered with Co-Impact, a philanthropic collaborative fund to develop and implement a multi-year programme to enable, support and promote sustainable leadership pathways for women in leadership in the Global South.

    She said the association is also working with affiliate Associations in five countries (Nigeria, Kenya, South Africa, Mexico and the Philippines) to address and work out strategies to overcome the barriers confronting women in leadership in the profession adding that the initiative is called Women In Leadership In Law (WILIL).

    She said it was for this reason that the executives of NAWJN decided to hold workshops in the six geo-political zones of the country to beam a spotlight on these challenges and to also proffer solutions that are uniquely suited to our own environment.

    She hoped that the series of workshops will provide a roadmap that will lead to the enhancement of women in leadership in the Judiciary and other fields of endeavour, which is expected to positively impact high level decision making and overall best practices within the profession.

  • Journalist’s N1.4m alleged theft case against lawyer holds today

    Journalist’s N1.4m alleged theft case against lawyer holds today

    • By Joshua Uche

    Hearing will continue today at a Yaba Magistrate Court in the alleged N1.4 million theft case between a veteran journalist, Segun Adenuga and a lawyer, Moses John Jackson.

    Hearing in the case which was before Magistrate Yeside Balogun stopped midway  on February 17 due to sudden failure in power supply to the court room.

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

    Read Also: Centre hails Ogalla for breakthrough in campaign against oil theft, arrests of criminals

    Adenuga is accusing the lawyer of not remitting rent collected on his mother 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 to settle personal indebtedness on his rented apartment.

    Jackson however denied the charges.

  • ‘Compensate victims of rice stampede or be sued’

    ‘Compensate victims of rice stampede or be sued’

    Activist lawyer, Femi Falana (SAN),  has urged the Nigerian Customs Service (NCS) to pay compensation to the families of seven indigent persons that died in a stampede that occurred while buying rice at the Zonal Headquarters , Yaba, Lagos.

    He threatened  to approach the Federal High Court to enforce the fundamental right of each of the deceased persons to life as guaranteed by section 33 of the Nigerian Constitution and article 4 of the African Charter on Human and Peoples Rights if his advice is ignored by the authorities.

    Falana, who is also the Chair, Alliance on Surviving COVID-19 and Beyond (ASCAB), stated this in a statement issued on Sunday in Lagos.

    He recalled that on February 23, 2024, the Nigeria Customs Service embarked on the distribution of 25kg bags of rice to indigent Nigerian citizens in the Lagos Area at its Zonal Headquarters in Yaba, Lagos State and that the exercise was marred by a stampede which claimed the lives of seven persons. 

    He noted that the tragic incident led to the immediate suspension of the food disposal initiative by the Nigeria Customs Service.

    According to  the spokesperson for the Customs, Mr. Abdullahi Maiwada: “At a point, they decided to be impatient. When we saw the crowd, we even suspended the collection of forms and said, ‘Let’s give them free’.

    “We did that, we exhausted everything. After exhausting everything and we told them everything had finished, and that they could go, that we didn’t have any more, they persisted.Some of them broke the fence of that place. We had to put some barricades to cover the area. Some of them went and entered the container.”

    Read Also: Customs suspends sale of seized food items over stampede

    But Falana contended that it is sad  that the authorities of the Nigeria Customs Service have not deemed it fit to identify the bereaved families of the deceased and commiserate with them. He also noted that the deceased persons have been blamed for their “impatience”.

    Falana argued: “since it is common knowledge that similar distribution of food items to poor people had recorded stampede in the recent past, the authorities of the Nigeria Customs Service must accept full responsibility for the blatant negligence that led to the avoidable death of the seven citizens.

    “since a bag of rice was selling for N77,000 at the material time, it ought to have occurred to the Nigeria Customs Service that its Zonal Headquarters in Yaba would not be able to contain the crowd that had been invited to purchase a 25kg bag of rice at N10,000.”

    Falana advised the  authorities of the Nigeria Customs Service to take urgent steps to identify the bereaved families of the seven deceased citizens with a view to paying them adequate monetary compensation.

    He said the Nigeria Customs Service should lift the suspension of the distribution of the remaining bags of rice without any further delay.

     To avoid another stampede, he advised that  the distribution should be carried out through the appropriate local government councils and local government development areas in Lagos State and other states of the federation.

  • ‘Electricity Bill will create opportunities for lawyers’

    ‘Electricity Bill will create opportunities for lawyers’

    Dr Jude Ezegwui is the chairman of the Nigerian Bar Association Section on Business Law (NBA-SBL) Eastern Zonal Conference committee. In this interview with ADEBISI ONANUGA, he speaks on the opportunities offered lawyers by the electricity bill and the forthcoming NBA-SBL zonal conference billed for March 20 in Enugu State.

    How are preparations for the special NBA conference?

    Preparations are going on well. We are concluding on all areas. It is not easy to organise a conference at this time because of economic challenges, but we are on top. That was one of the reasons we opened up opportunities for sponsorship, to give an avenue for senior lawyers to sponsor young lawyers and help in developing business law practice in the zone, thereby promoting the rule of law. Companies will equally have opportunities to market their products and seek lawyers’ services at the interface.

    What informed the theme of this conference?

    The ‘theme’ was carefully chosen by the planning committee to open up discussions and allow for proper exposition of latent areas of law in the selected topics, which will broaden the scope of knowledge for lawyers and participants. It will guide young lawyers in developing interest in different areas of business law. It will equally guide lawyers in making decisions on where to concentrate in their further research and wet their appetite for business law practice in the Eastern Zone of Nigeria. Enugu City in Enugu State was chosen as one of the cities in the zone where the governor is interested in opening up new business opportunities and is very serious in attracting both local and foreign investors for business. It is clear that where there are new business opportunities there will be legal opportunities. The state governor, Dr. Peter Ndubuisi Mbah, has signed into law, the Enugu Electricity Bill since last year, which has opened opportunities for business law practitioners in the power sector in the zone. More business investment contracts have been signed and many are on the way in the state, which is a huge market for business law practitioners, as it will involve incorporation, regulatory compliance, taxation, patent rights, legal representations in disputes in all areas of law around the new businesses. It will provide opportunities where the stakeholders and investors can interact physically with participants and exchange ideas, services and utilise the networking opportunities.

    Why is Enugu chosen as venue?

    The state is safe with good road networks for easy access, both in and out. It has international and local flights with many direct routes to various states in Nigeria. It has historic sites/facts, as former capital of the Eastern Region of Nigeria, which many participants would like to visit, see or hear about from the original custodians of the history. The scenery is irresistible with good environment. Shopping malls abound with nice local products at  very good prices. Enugu inhabitants are very hospitable and accommodating. It is a city where you will find almost all tribes in Nigeria living together and socialising with one another. You will get all kinds of traditional foods of many tribes in Nigeria and beyond such as Calabar Kitchen, Akwa Ibom restaurant, Rivers native foods/soups, Ofe Owerri, Ofe Onugbu Anambra, Yoruba, and Hausa foods, among others. All continental foods including Chinese foods, and French fries abound. Night life is safe and enjoyable. When you come to Enugu, you will see more reasons why the city was chosen.

    What should participants expect at the conference?

    Participants should expect a conference that is rich in content with exceptional and brilliant panelists. Participants will have an opportunity to gain insight into new areas of law, network, share good knowledge and ideas. Participants will also have the opportunity to interact socially with other participants, enjoy native foods/traditional dance, and visit historic sites. A pre-conference cocktail and conference dinner have also been packaged for this event, among others.

    What makes the conference special and unique?

    The conference is special and unique because it is coming to Enugu State and the Eastern Zone of NBA-SBL for the first time since the inception of the Nigerian Bar Association. That is a brazing vision of our NBA-SBL, Chairman, Dr. Adeoye Adefulu, to carry all regions along in the development of business law practice in Nigeria.

    What challenges did you experience in planning your activities, and how have you been able to address them?

    We have challenges just like any other conference planning committee. We have overcome most of them. We are still working very hard and are firm that the few remaining challenges, we will overcome.

    In your view, what has been the major contributions of the Bar profession to both zonal, and national development?

    The Bar profession ha been in the front and defender of the rule of law in Nigeria, but the major contributions to my mind is that the Bar has created awareness for the citizens about the rule of law, speaking against injustice and taking on the government of the day to obey court judgments/orders. The Nigerian Bar Association has equally encouraged and supported regional programmes and activities like this conference.

    What happens after the conference in terms of zonal programmes?

    I am sure the Chairman of NBA-SBL, Dr. Adeoye Adefulu’s vision will not die with him. NBA-SBL will continue to maintain and organise zonal conferences with rich programmes to encourage the rule of law and development of business law practice in the various regions.

    Would you like to mention some of the speakers and supporters?

    I will mention very few and encourage all to attend to meet and hear all the speakers. In corporate governance, we have Ikechukwu A. Ogu, Head, Enugu Zonal Office of Investment and Securities Tribunal; and Ini Irene Pepple, Head of Practice, Peacemakers Legal Consultancy. In oil and gas, we have Sonia Ebiki, Head of Legal, MG Vowgas Group; and Olusegun Ilori, Director of its Legal and Corporate Services. In intellectual property, we have Smart Okpara, Associate ALN Nigeria/Aluko & Oyebode; and Rita Anwiri Chindah, Rivers State University. In taxation, we have Dr. Jude Odinkonigbo, University of Nigeria, Nsukka, Enugu Campus; and Hon. Chukwuemeka Eze, Chairman, Tax Appeal Tribunal, Enugu Zone. In electricity and power, we have  Desmond Ogba, Partner Templars; Emeka D. A. Ojoko, Founding Partner, Ojoko & Ojoko, Executive Coordinator of NEPA Wahala Ng; and many other brilliant speakers including Chukwuka Ikwuazom (SAN); Tobenna Erojikwe; Mazi Afam Osigwe (SAN); and Joyce Odua.

  • Activist seeks transfer of defamation trial to new judge

    Activist seeks transfer of defamation trial to new judge

    An activist, Boniface Okonkwo, has pleaded with the Chief Judge of Anambra State to reassign the defamation case against him from Justice Vincent Agbata to a new judge.

    Okonkwo said he no longer has confidence in Justice Agbata of the High Court sitting in Nnewi, Anambra State, after being denied bail.

    The activist was arrested on January 3 and has been in detention since then.

    Okonkwo’s arrest and detention followed a complaint by businessman Sir Emeka Offor.

    Offor alleged he was defamed by the defendant on their Oraifite town’s WhatsApp platform.

    The activist was said to have described Offor’s meter manufacturing factory in Anambra as a “decorated warehouse”.

    The police denied Offor an administrative bail before charging him.

    Although a bailable offence, being a misdemeanour, Justice Agbata denied Okonkwo bail and ordered the commencement of trial.

    The defendant said he had reasons to believe that Justice Agbata would not do justice in the case.

    In the case transfer application, a copy of which our reporter obtained through court sources, Okonkwo said the judge ordered the commencement of trial in the absence of his lead counsel.

    According to him, the case was adjourned for a ruling on his bail application.

    “On February 14, my lawyer was not in court. He sent a young lawyer to take the ruling.

    “To everybody’s amazement, Justice Agbata said he was suspending the ruling.

    “He asked the prosecution to call their witness even when the counsel who stood in for my lawyer said she did not come with the case file,” the defendant wrote.

    Okonkwo said on a subsequent date, the judge surprisingly denied him bail.

    According to him, the judge’s reason was that he lived in South Africa and as such posed a flight risk.

    The activist said the judge ignored his lawyer’s offer to deposit his international passport with the court.

    Okonkwo wondered why he would be denied bail for merely criticising Offor’s company, an offence which punishment includes an option of a fine.

    Read Also: Defamation: Iyabo Ojo reacts as Lizzy Anjorin fails to appear in court

    He fears there is a plot to ensure he remains behind bars for as long as the trial lasts.

    However, this claim could not be independently verified.

    “It is only a drunken man who would see a truck approaching and not run for his dear life.

    “If this matter is not removed before Justice Agbata, I am already convicted,” Okonkwo wrote.

    “I pray that you (Chief  Judge) will look into this matter and do justice to it.”

    The activist had earlier told reporters who approached him in court that it was not the first time he would be involved in a similar case with Offor.

    He said: “This is not the first time I would have issues with the complainant over the same defamation of character.

    “I won the previous case he initiated against me. I didn’t jump bail then.

    “Aside from being a human rights activist, I’ve positively affected many lives in my community through my NGO, as well as a youth organisation through which many were empowered.

    “As a result of these, I was honoured by my community last December. I never lobbied for it.

    “This is pure intimidation and trampling on my rights.

    “So many people criticise the President daily. How many of them has he sent to jail?”

    Okonkwo, who remains in detention, urged the human rights community to come to his aid.

  • Hotelier sues NDLEA for N100m over destruction of property

    Hotelier sues NDLEA for N100m over destruction of property

    A hotelier, Ayobami Idowu, has sued the National Drug Law Enforcement Agency (NDLEA) for N100 million over alleged invasion and destruction of his home and place of business.

    Idowu is the Managing Director and Chief Executive Officer of D&G Motor Dealer Enterprises Limited and D&G Hotel, Event and Suites, Ijaiye, Ojokoro, Lagos.

    He filed the suit at Lagos High Court in the Epe Judicial Division.

    The respondents are the Chairman/Chief Executive of the NDLEA, Brigadier-General Buba Marwa (rtd); the Commander, NDLEA, Lagos Command; and Adekunle Oduola of the Lagos Command.

    Through his legal team led by Chief M. Aliu Complete Solicitors and Advocate, Idowu alleged endless invasion of his home and place of business and threat of arrest and detention by the respondents.

    The invasion, he said, was “without any legal justification” and is therefore “unlawful, illegal, barbaric and unconstitutional”.

    Read Also: NDLEA uncovers illicit drug consignment in bus engine, arrests two grandfathers

    He said it violated his right to personal liberty, the dignity of the human person, freedom of movement, freedom of association, and right to own movable and immovable property anywhere in Nigeria as enshrined under Sections 34, 35, 40 and 41 of the 1999 Constitution and other extant laws.

    The applicant claimed that the molestation, harassment, humiliation, degrading and inhuman treatment of him, his wife, children, relatives and staff members for no justifiable reason by the team led by the third respondent, acting under the instruction of the first and second respondents, violated his rights.

    Idowu prayed for a declaration that the unlawful and illegal routine invasion, unlawful search and ransacking of his home and place of business by men of the NDLEA and his being extorted N1million is utterly barbaric, archaic, unspeakable and preposterous.

    He sought an order restraining all the respondents from unlawfully invading and ransacking, arresting and detaining, subjecting him to any form of humiliation, molestation, harassment, and laying siege at his home and place of business.

    He asked for N100 million in damages and a public apology in two national newspapers for putting him through psychological, mental and emotional trauma.

  • Mapping reform plans for Justice sector

    Mapping reform plans for Justice sector

    The Federal Ministry of Justice has unveiled its plans for the justice sector. At a management retreat in Lagos, the Justice Sector Plan (2023-2027) and the ministry’s Strategic Plan (2023- 2027) were validated. Directors, zonal and unit heads signed a performance bond on their implementation. Deputy News Editor JOSEPH JIBUEZE reports.

    There is no doubt that the justice sector is in dire need of a new direction.

    With delays hobbling justice administration, and cases dragging interminably in courts, drastic measures are needed to change the situation.

    A bank chief once lamented that chronic debtors now view courts as havens: they dare creditors to sue knowing an end will not be in sight anytime soon.

    Experts have repeatedly warned that the much-needed investments to spur economic transformation will remain illusory if the justice sector is not revamped.

    Corruption and criminality also worsen when perpetrators know there will be no consequences for their actions.

    Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN) is taking steps to address the issues.

    At a management retreat of the Federal Ministry of Justice in Lagos last week, he unveiled his and the ministry’s plans for the sector.

    He also got his key directors, and zonal and unit heads to sign a performance bond on their implementation.

    “I will hold every head of department, and head of zonal office and unit of the ministry to the highest standard of performance in line with the declarations contained in their respective performance bonds,” the AGF said.

    The plans

    Fagbemi said following his appointment and assumption of office on August 21, 2023, he interacted with the leadership of various justice sector actors across national and subnational entities.

    He analysed the National Policy on Justice 2017-2021, the draft Strategic Plan of the Ministry 2023–2027, critical legislations, policies, regulations and guidelines relevant to the implementation of the ministry’s vision, mission and mandate as well as that of its agencies/parastatals.

    The outcome, he said, informed his decision to focus on priority programmes, which are in tandem with the Renewed Hope Agenda of the Tinubu Administration.

    Justice Sector Plan (2023 – 2027)

    Fagbemi said following the signing of a performance bond with ministers and permanent secretaries, he committed to ensuring the performance of the ministerial deliverables assigned to the Federal Ministry of Justice and its agencies.

    The sector plan contains 15 ministerial deliverables, 48 Key performance indicators (KPIs), baselines and targets.

    The ministerial deliverables are encapsulated into the Strategic Plan of the Ministry, which was validated at the retreat.

    “The entire top management will be held accountable for delivering on these assurances made to the President,” Fagbemi stressed.

    Strategic Plan (2023- 2027)

    The draft strategic plan contains six goals, 17 objectives, 54 strategies, and 160 initiatives.

    The strategic plan provides the basis for these activities:

    • Review of laws and development of legislations that will support economic recovery and growth;

    • Prosecution of terrorism and terrorism financing cases to improve security, as well as the provision of legal advisory services on security-related matters;

    • Undertaking measures to strengthen the enforcement of human rights through adoption of relevant legislative frameworks, and implementation of United Nations recommendations on protection of human rights, particularly prevention of torture and sexual and gender-based violence;

    • Access to justice for victims of human rights abuses;

    • Developing measures to reduce government exposure to legal risks and judgment debts through enhanced judgment appeal mechanism;

    • Providing legal intervention and mediation services to enhance access to justice, uphold the rule of law and prevent the breakdown of law and order;

    • Providing support to the Judiciary to enhance justice delivery process; and

    • Review of legal frameworks aimed at improving anti-corruption measures.

    National Policy on Justice, 2017

    Fagbemi noted that the National Policy on Justice 2017 was at the heart of the ministry’s reform agenda.

    He said: “The National Policy on Justice identifies the root causes of the failures and inadequacies of the justice system and its adverse impact on the nation.

    Read Also:AGF: four-year justice sector plan set for implementation

    “Its purpose is to achieve a consensus amongst stakeholders for driving holistic development of all processes, or components of the Nigerian justice system.

    “To this end, I have constituted a national committee comprising relevant stakeholders to convene a National Justice Summit in April this year.

    “Part of the purpose of this Summit is to review the National Policy on Justice, 2017 and validate the successor Policy to drive reforms in the Justice Sector.”

    Justice sector reform programmes

    Fagbemi said the reform programmes will involve:

    • Development of the national crime database;

    • Coordination of prosecuting agencies;

    • Improved funding of the criminal justice sector

    • Capacity building of criminal justice actors;

    • Review of international arbitration proceedings.

    The AGF proposed to prioritise the launch and implementation of the National Anti–Corruption Strategy (NACS) 2022-2026 NACS and its Action Plan.

    Human Resource Development

    Fagbemi’s human resource plans include:

    •  Periodic staff engagement;

    • Capacity building of staff through the provision of working tools and a conducive environment

    •  Specialised training of state counsel

    • Trial expertise training with a focus on specific litigation subjects.

    He added: “On the welfare of state counsel, I am engaging with the National Salaries Incomes and Wages Commission for an upward review of the allowances state counsel within the limits of available government resources.

    “In addition, we have included in the 2024 budget increased robe and clothing allowance for all staff of the ministry.

    “Furthermore, in response to calls for procurement of vehicles for staff transportation and for ferrying state counsel to court, we included in the budgets for 2023 and 2024 proposals for purchase of vehicles to meet these demands.

    “Whilst we are taking these steps to enhance welfare, I dare to add that this comes with corresponding responsibilities.”

    ‘We must change narratives’

    Fagbemi believes the implementation of the justice sector programmes and priorities will ensure improved governance and effective service delivery in the sector and the nation as a whole.

    “We must, therefore, do all within our power to change the narratives of how government business is performed and raise a standard for higher efficiency in the justice sector.

    “This will ensure that the realisation of the yearnings and aspiration of Nigerian, as well as that of the international community, are not only met, but surpassed,” he said.

    Essence of retreat

    On the essence of the retreat, the AGF said: “It was important for us to come to Lagos to learn and share experience on challenges and best practices for enhancing systems and structures to support the justice sector. 

    “The Federal Ministry of Justice plays a very critical role in the overall developmental agenda of the country, as it offers services that impact all areas of national development.

    “The role of the ministry is critical to the agenda of the government to build a strong economy and combat corruption and insecurity. Our duties are an amalgamation of law and policy.

    “It is, therefore, critical that we continually review our operational strategies to enable us to meet the yearnings of our people for an effective, effective and people-oriented justice system.”

    Sanwo-Olu seeks resilient legal system

    Lagos State Governor Babajide Sanwo-Olu called for a justice system that fosters a sense of trust and confidence in the citizens.

    Delivering the keynote address, he said the legal structures must not only be resilient but adaptable to the evolving needs of society.

    The governor said: “As we delve into discussions, we should all keep in mind the overreaching goal to build a justice system that not only dispenses justice but fosters a sense of trust and confidence within our citizens.

    “Success of all your efforts will be measured by the positive impacts felt by ordinary Nigerians that are seeking justice.”

    Our targets, by Solicitor-General

    Solicitor-general of the Federation and Permanent Secretary, Federal Ministry of Justice, Mrs. Beatrice Jedy-Agba, said the presidential performance bond reinforced the management’s determination to make a difference.

    “The draft Strategic Plan and Work Plan have been subjected to wider stakeholder discussions and inputs to enrich its provisions and ensure its acceptability by all.

    “Our ultimate objective is to enhance human capacities, systems and structures for effective and efficient service delivery.

    “The positions we occupy entail upholding the public trust and we should therefore always strive for excellence in service delivery.

    “The mission of the ministry aptly captures what our duty to the nation entails and this is: to maintain the highest standard of professionalism, to the ideals of fairness and justice and the sustenance of a healthy relationship between all arms and tiers of government,” she said.

    Jedy-Agba acknowledged the support of IDEA and RoLAC.

    ‘Leave sector better than you met it’

    Head of Programme Nigeria, International Institute for Democracy and Electoral Assistance (International IDEA), Danladi Plang, urged Fagbemi to leave the justice sector better than he met it.

    He reminded the AGF that he may one day return to private practice.

    Plang said: “The retreat is very significant for three things: It is coming at the first year of the Bola Ahmed Tinubu administration which has an eight-point agenda that covers the rule of law and anti-corruption.

    “Justice is now more than ever integrated into every facet of human life. 

    “We now have technology justice, reproductive justice, electoral justice, climate justice, environmental justice, etc.

    “President Bola Tinubu is not afraid or shy of taking bold and decisive decisions. 

    “Many loose ends in the justice sector require some bold decisions. 

    “We must use the opportunity of the Tinubu administration to close these loose ends.

    “The above requires the institution responsible for coordinating the administration of justice to be intentional in fashioning a strategy that helps us address the justice needs of Nigerians. 

    “The development of a strategic plan by the FMoJ is a right step in the right direction for the above to happen.

    “RoLAC is happy to be part of the process of developing the strategic plan which commenced in 2022 with a workshop we supported for the FMoJ in Kano.”