The Nation Newspaper

Category: Law

  • Ogun CJ to  court President:  resist abuse of judicial powers

    Ogun CJ to  court President:  resist abuse of judicial powers

    The Chief Judge of Ogun State, Justice Mosunmola Dipeolu, has sworn-in  new Customary Court President, Legal, Mr. Idowu Folami Sodimu and 32 members, to enhance prompt dispensation of justice in the state.

    Speaking at the swearing-in ceremony held at the Ceremonial Court Hall, Judiciary Complex, Kobape Road, Abeokuta, Justice Dipeolu implored them to resist the temptation of abusing judicial powers in the course of dispensation of justice.

    She said the appointment was based on trust and confidence reposed in them.

    The Chief judge also urged them not to be carried away with the enormous powers which various laws have conferred on them and in the discharge of their duties.

    She stated that the appointees had special roles to play towards ensuring that justice was delivered at all times to further improve the standard of the Judiciary, pointing out that government would not tolerate misconduct or indiscipline of any form.

    “As members of Customary Court that have been administered under oath, you have to be good ambassadors of each jurisdiction you represent because you are closer to the grassroots. Do not collect bribes and fair God in all your dealings’’, she said.

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    In her remarks, the Acting President, Customary Court of Appeal, Justice Adebisi Femi-Segun, said the appointees had been screened and appointed, in line with laid down procedure which was in accordance with the provisions of section 197(1)(c), 202 and 204 of the constitution of Federal Republic of Nigeria (1999), the Customary Courts Law of Ogun State 2006 (as amended), as well as Ogun State Judicial Service Commission Guidelines.

    Justice Femi-Segun, who charged them to bring their experiences to bear in the discharge of duties, stressing, “ethics, decorum and comportment should be observed in your new office. You must be faithful to your oath of office and be impartial in the delivery of justice in their jurisdictions.

    “Indeed, you are expected to observe the ethics, decorum and comportment of your new office. It is also expected that you will be faithful to your Oath of Office and dispense justice without fear or favour, as you adjudicate cases assigned to you, please same will not be tolerated in any form or guise.

    Responding, on behalf  of the appointees, Mrs. Aderonke Jacobs appreciated the state government for allowing them to serve the state, promising that they would all discharge their duties in accordance with the rule of law and dispense justice without fear or favour. 

  • NBA didn’t abandon slain Igwes, Olanipekun replies Odinkalu

    NBA didn’t abandon slain Igwes, Olanipekun replies Odinkalu

    • By Wole Olanipekun

    Just as the world was bidding the year 2023 farewell and gearing up to the uncertainties of the new year, my attention was drawn to a piece circulating on social media titled: “Juliana and Vincent Igwe: POTY 2023, by Chidi Anselm Odinkalu”, which was later published by various media, including ThisDay, Vanguard News, TheCable and Premium Times Nigeria.

    While a peek through the piece gave a clue that Prof. Odinkalu’s acronymization: “POTY” implied “Persons of the Year”, it took an even briefer glance to decipher that the content of the commentary is largely belied by its title.

    Ex facie, it took the appearance of a belated tribute to our late colleagues, Barnabas and Abigail Igwe, who, as a couple, were gruesomely murdered on 1st September, 2002, in the most callous manner, and an extolment of the virtues of Mr. and Mrs. Vincent and Juliana Igwe (the late Mr. Igwe’s elder brother and wife, respectively) who, according to Chidi, assumed parental responsibilities over the children of the deceased Igwes.

    Had Prof. Odinkalu terminated his brief at that or made do with accurate facts available to him, his narration might, perhaps, have turned out as a bona fide intellectual contribution to the course of humanity.

    However, the account was embellished with subtle suggestions of abandonment of the Igwes and an assortment of insinuations of a renege on the promises made by myself as the President of the Nigerian Bar Association (NBA) at the material time. The myriad of distortions contained in the article renders it a disservice to the sacred memories of the martyred duo and the fetus in the womb of Abigail.

    SETTING RECORDS STRAIGHT

    MUCH as I would natura lly have let it slide while taking it in my strides as I have done in time past, I am constrained, at this instance, to set the record straight for two principal reasons, amongst others. First, because it touches on my humble stewardship at the NBA – an Association to which I devoted my all as its President between 2002-2004 (22 years ago).

    Second, I consider it a great deal of unfairness, not just to me, but also to the unsuspecting readers who fed on the treatise in the innocent belief that it is the truth and nothing but the truth. If the propaganda cliché often attributed to the Nazi Joseph Goebbels (“repeat a lie often enough and it becomes the truth”) is anything to go by, then, leaving Odinkalu’s skewed story again unattended, would cause the claims to be repeated, both by the innocent and mischievous consumers, such that it would one day usurp the status of the truth.

    It is no longer news that the murder of the Igwes was the first major crisis that greeted my tenure as the President of the NBA, having been sworn in just two days before the unfortunate incident. However, beyond this, I also inherited the controversy surrounding the equally gruesome murder of past Attorney-General of the Federation, Chief Bola Ige, SAN, who was murdered at his Bodija residence, Ibadan, about eight months before my assumption of office. Immediately the news of the dastardly murder of the Igwes was brought to my attention on Sunday, 1st September, 2022, I summoned an Emergency Officers’ Meeting at the NBA Secretariat in Lagos and, at the same time, reached out to the Onitsha branch to obtain a first-hand briefing on the gory incident.

    The report I got from Onitsha pointed accusing fingers at certain powerful characters at the helm of affairs in Anambra State. The officers clinically examined all the facts presented and resolved that a World Press Conference was expedient, pursuant to which I addressed one at the premises of the NBA Secretariat, with all the National Officers present. The Press Conference, not only did I point accusing fingers at the powerful elements in Anambra State Government, I also urged the Federal Government to declare a State of Emergency in the State.

    If Odinkalu had gotten his facts right or even bothered to ask the right questions, he would not have sought to minify the countless statements that the NBA issued in reaction to the incident as “the obligatory and practised statement”.

    HOW NBA MATCHED WORDS WITH ACTION

    CONTRARY to this very unkind phraseology, not only was I vociferous in my condemnation of the killings, but members of my Executive Council and I matched the same with commensurate actions which we considered strategic and logical wards bringing the killers and their sponsors to book.

    These actions include my visit to the then Inspector-General of Police, Mr. Tafa Balogun, on 11th September 2002, where I made the unequivocal demand for an investigation into the heinous crime. I reiterated this demand to the IGP in my letter to him on 20th September 2002, where I also intimated him of the NBA’s readiness and willingness to cooperate with and give the required support to the Nigeria Police for the investigation.

    I seized the opportunity to inform the IGP that the NBA would be setting up its own private investigation committee to expose the killers of our worthy colleagues and that our report would be submitted to the government. I announced 18th September 2002 as a day of mourning to be observed by all branches of the NBA and directed members of the Bar to take to the streets in protest of their heinous murder by suspected agents of the State in Anambra.

    Unprecedentedly, all branches of the NBA heeded my directive and observed 18th September 2002 as a day of mourning. In my address to President Olusegun Obasanjo during our meeting with him on 11th November 2002, I apprised him of how Barnabas and Abigail were brutally murdered, and I connected their killings to Barnabas’ consistent call for responsive, responsible, just and fair governance in Anambra State, which even led to his issuance of an ultimatum to the State Government to pay the huge arrears of workers’ salaries.

    I pleaded with President Olusegun Obasanjo to set up a Commission of Inquiry to unravel the several murders in the country (including the killing of Chief Bola Ige, SAN and the Igwes), while also stating that there was a frightening atmosphere of violence enveloping the country, as lives and properties were no longer held sacred.

    For the burial of the Igwes, the NBA, under my humble leadership, took charge, working together with the Onitsha branch. The burial ceremonies, including the Valedictory Court Session, held on 4th and 5th October 2002, were attended by over 2000 lawyers from across the country, led by me. We were all clad in black-customized T-shirts provided by the NBA, bearing the photographs of the deceased couple.

    I recall the emotion-laden speech which I delivered at the funeral – It was a blend of eulogy and a frontal challenge to the sitting governments, both in Anambra State and the Federation. The Speech was contemporaneously rendered by all NBA branches in the country.

    During our preparation for the funeral, the Governor of Anambra State expressed his willingness to attend the events, but we turned down his request, stating categorically that we could not guarantee his safety, as his presence could provoke lawyers. This was despite the fact that he was the Chief Executive and Chief Security Officer of the State. I also remember, with mixed feelings, the remarks of Chief Chike Ofodile, SAN, (a former Attorney-General of the Federation) at the burial, to the effect that he had not witnessed any lawyer or set of lawyers accorded such a grand burial.

    Despite our heavy hearts and the various and spontaneous activities we undertook in the pursuit of justice, we maintained the presence of mind to appreciate the fact that the Igwes were a young couple whose untimely demise had left behind, vulnerable children who needed support to face life without their loving parents.

    FUNDRAISING COMMITTEE

    THIS sensitivity informed our setting up of a Committee to raise funds for the welfare of the orphaned children and open an Endowment Fund Account for that purpose. Without being immodest, I made my humble contribution to the Fund, and a handful of lawyers across the country followed suit. The N25 million Endowment Fund alluded to by Odinkalu was an ambitious projection, which, unfortunately, proved a tall order. 

    I recall that members of the Onitsha branch levied themselves N1,000 each, towards the Fund. Without any fear of contradiction and contrary to Odinkalu’s unfair innuendos, for the two years that I held sway as the President of the NBA, we were responsible for the welfare and education of the children of the Igwes. Successive disbursements were made from the meagre contributions to the Fund to the children, through Mr. Vincent Igwe, as occasions demanded and after proper scrutiny by the NBA.

    Records do not lie. For example, in the Minutes of the NBA-NEC Meeting held on 12th & 13th February, 2004, at the Confluence Beach Hotel, Lokoja, Kogi State, it was/is recorded that: “The General Secretary briefed the House on the recent payment by the Association of the sum of N480,980.00 to Mr. Vincent Igwe, the younger brother of late Barnabas Igwe, Esq. and the guardian of the deceased three children, through the Chairman of Onitsha Branch”.

    At the said meeting, the General Secretary and Treasurer informed NEC that the total amount outstanding to the credit of the NBA/Igwe Endowment Fund Account (before the disbursement of the sum of N480,980.00) was N2,646,400.00 (Two Million Six Hundred and Forty-Six Thousand, Four Hundred Naira Only). In paragraph 3.1 of my Valedictory Speech as NBA President on 23rd August 2004, during the Annual Conference, I again reported the establishment of the Endowment Fund Scheme for the children of the Igwes, and posited thus: “For now, the NBA has been responsible for the upkeep and education of the children of the deceased.”

    The point must be made clear that accounts of all monies received were usually presented at every National Executive Council (NEC) meeting, including the mode and manner of disbursement to the family through Mr. Vincent Igwe. I also recollect a particular incident whereby the late Abigail’s sister residing in the United Kingdom pleaded to take the children along with her.

    The NBA encouraged the move, Senator N.N Anah, SAN volunteered to procure their air tickets, while I opted to personally make some funds available for their logistics. However, Mr. Vincent Igwe, in his wisdom, objected to the move, citing some Igbo customary inhibitions.

    At the same NBA-NEC meeting in Lokoja earlier referenced, NEC mandated the third National Vice-President, Blessing Ukiri Esq., to broker a truce between the duo of Vincent and Abigail’s sister. In the disbursement of funds to the children, prominent members of the NBA within the locality were always consulted and carried along.

    To the best of my recollection, one of such notable members is now a Justice of the Court of Appeal, another, a serving Judge of the Anambra State High Court, and one other, a Professor of Law at the Nnamdi Azikiwe University, Awka, Anambra State.

    COMMENDATIONS FOR NBA

    I must mention that these benevolent deeds and acts of responsibility were not lost on good-spirited, well-informed and active players at the time, as I/we received encouragement and commendations from various quarters.

    One of such was a letter of appreciation from very respectable figures and leading lights of Onitsha extraction in the legal profession, including the Vice-Chairman and Secretary at the time, Chuka Obele-Chuka, Pete Chudi Obiorah, P.O. Balonwu, SAN, former Attorney-General of the Federation, Chike Ofodile, SAN, G.R.I. Egonu, SAN, P.G.E. Umeadi, SAN, Senator N.N. Anah, SAN, H.R.H. Eze Dr. Ejike Ume, SAN, G. E. Ezeuko, SAN, Chief Chidube Ezebilo, SAN, Nnamdi Ibeagu, SAN and Dr. Onyechi Ikpeazu, SAN. For the records, the letter read in part: “Your initiative coupled with your admirable courageous and intelligent handling of the matter will remain indelible in our hearts. Your indefatigable resolve to see that the perpetrators of this heinous crime are brought to justice has given our struggle a national focus, for which we remain eternally grateful.”

    It is only a fibber whose witnesses are all domiciled in the empyrean domain. As for me, it is gratifying that some of these actors and personae are still alive to corroborate every point. If Prof. Odinkalu had considered it worth the while to mine for empirical facts, he could have reached out to any of them, or even to my humble self, who is only but a phone call away.

    It is unfortunate that mudslinging has become the order of the day in the same profession into which I was initiated about five decades ago. In the good old days, we were marinated in the virtues and values of camaraderie and natural justice, such that, before suing or calling out a colleague, you had the obligation of first sounding him out to get an insight into his own side of the story.

    I must confess that I have taken this creed as a sacred catechism throughout my career, till date. If this precept was obligatory for us in the days of yore, when there were no mobile phones, no internet and no social media, one would have thought that it would be more compelling now with the availability of and easy access to these modern and high-tech facilities.

    While I have restrained myself, as much as possible, from being personal in this rejoinder, which has been forced on me by Chidi, my thinking had always been that I had a chummy relationship with him, which, ordinarily, should have warranted him to, at least, put a call across to me to crosscheck, verify, ascertain or authenticate the veracity of his information or outcome of his conceived claim before reducing it to a winter fiction, saturated with very unfortunate insinuations. That is not the practice nowadays, as in the words of Chief J.S. Okutepa, SAN – “Internet terrorism by lawyers against lawyers has become the order of the day”. I hope our profession will not witness a dawn whereby some of our members, however learned they assume they are, will cling to the erroneous belief that what they do not know does not exist.

    The latin maxim, audi alteram partem, literally meaning let the other side be heard, is a doctrine of fair hearing, instituted by God Himself in the Garden of Eden; and Fortescue, J. emphasized this much in the old case of R. v. Chancellor of University of Cambridge (1723) 1 Str 557 p.567; ditto for Oputa JSC in the celebrated case of Olatunbosun v. NISER Council (1988) 3 NWLR [Part 80] 25 p.49 par. C – F. Much harm and damage is done to individuals and the society at large when this sacred principle is threatened, and how much more when it is mangled.

    Fair-minded chroniclers of NBA history would never assert, even in their wildest imagination, that the NBA, under my leadership, abandoned any lawyer or cause. The ebullient Minister of Aviation, Festus Keyamo Esq., SAN would attest to the truism that, as a leader, I stood with and by all lawyers, including him, through thick and thin.

    The fiery Senator Adams Oshiomhole would corroborate my claim that the NBA, under my watch, did not abandon either him or the Nigerian Labour Congress (NLC), which he headed at the time, as I even went to court, leading the likes of J-K Gadzama, SAN and Femi Falana, SAN for the NLC against the Federal Government, to the consternation of the then ‘powers-that-be’, who, for the two years that I led the NBA, declared me a persona non grata.

    For the Igwes, we did all that we could, to the extent of obtaining fiats to prosecute the cases against the suspected perpetrators of their murder. A number of reputable legal practitioners were drafted into the private prosecution teams of the NBA, including (in no particular order) Dr. Onyechi Ikpeazu, SAN, Rob Iweka, SAN, G. E. Ezeuko, SAN, Dr. Ejike Umeh, SAN, Chike Ofodile, SAN, E.D Chukwuma, Osuigwe Oseloka, Chidi Obioha, Peter A. Afuba (now, SAN) and Obi R. Ulasi. I wonder if my dearly beloved Chidi is aware of all these! If he is not aware, I urge him to revisit the archives, including inquiring from Vincent Igwe about who prompted the withdrawal of the cases from court. He should also dig into the archives, perhaps, with the assistance of Mr. Vincent Igwe to clarify further issues surrounding the purported sum of N400,000.00 given to the Igwe family by the then Governor of Imo State, the payee of the cheque, how it was endorsed to the NBA account, which of the NBA accounts, etc.

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    Credible research work demands no less. While not holding brief for successive NBA regimes after mine, I can fairly posit that, like mine, they did not abandon the Igwes. In this wise, my dear Chidi still has a lot of work to do, such as asking questions, from the relevant sources, as to how much the Bayo Ojo/Odogiyan Executive presented to the Igwes and who received the money on behalf of the young lads. Ditto for the Olisa Agbakoba Executive.

    He may also wish to conduct an investigation on the roles played by the late Rotimi Akeredolu, SAN, as President of the NBA, and in continuation of the NBA’s commitment to the welfare of the children of the Igwes, particularly, in respect to the educational advancement of the children. Lastly, my dear brother, Chidi, should deploy his tentacles to unearth the very unpalatable and sometimes threatening letters written to me by powerful and influential figures in the Anambra polity at the time, on this Igwe’s saga.

    My stewardship to the NBA remains untainted, just as it is in the few public offices I have held in time past, whether as Pro-Chancellor and Chairman of Council of the University of Ibadan, Pro-Chancellor of the Ajayi Crowther University, Oyo and Chancellor of the Bamidele Olumilua University of Education, Science and Technology, Ikere.

    It is on record that, in all of these offices, I did not only decline the statutory emoluments legitimately accruing to me, but I also deployed my God-given resources to the course of humanity and the advancement of the institutions.

    While I must not be misunderstood as suggesting that the Igwes got the justice that we all anticipated and assiduously worked towards, the point must be made that all of us, borrowing the words of John Pepper Clark, are “casualties” of the systemic inefficiencies that characterize every facet of our national polity – a polity to which Prof. Odinkalu, beyond mere rhetoric, is not a stranger.

    After all, he sat atop the National Human Rights Commission as its Chairman, between 8th December 2011 and 8th December 2015. In that position, he had the mandate of investigating all cases of human rights violations (including those of the Igwes) and assisting victims of such violations. With all respect to him, I am not aware of any effort that he made, while he held sway, to address this grievous violation to the most sacred of all rights meted on the Igwes.

    Interestingly, on 6th May, 2022, he was appointed by the current Government of Anambra State to head the Truth, Justice and Peace Committee, whose charge includes, seeking a restorative justice approach for truth-telling or real facts for the healing of the victims of the violence in the State right from 1999.

    Beyond coronating Juliana and Vincent Igwe as his ‘Persons of the Year’, I consider this a unique opportunity for Prof. Odinkalu to demonstrate his loyalty to the slain couple and their family, as well as to the course of justice, by stoically facing his present assignment, and ensuring, amongst others, a restorative justice for the Igwe family.

    If we, as lawyers, cannot organise a requiem for the continuous repose of the souls of the deceased hero and heroine of the Bar, we should not, under any pretext, batter their tombstones. May time and history expose and vilify the murderers of this heroic couple, and bring to the open, everyone who played ‘Brutus’.

    May the Almighty God continue to repose the elegant souls of Barnabas and Abigail Igwe.

    *Chief Olanipekun, CFR, SAN, is a former President of the Nigeria Bar Association (2002-2004).

  • Couple demands N22m compensation from property firm

    Couple demands N22m compensation from property firm

    A Nigerian couple living in the United States is demanding compensation of N22 million from Landwey Investment Ltd over a failed property transaction.

    But the property firm has denied any wrongdoing.

    Oluyomibo Olaniyan and Olubukola Akande wrote the Lagos State Government in a complaint titled, “Petition Against Landwey Investment Ltd on Flagrant Breach of Agreement on Purchase of Three Bedroom Terrace Duplex: Fraudulent Property Transaction”.

    However, upon receipt of the last tranche of refund from Landwey Investment Ltd, the couple insisted that the money the Developer paid was not the true value of their money as the principal paid years back was calculated at N400 to a dollar as against N1250 to a dollar as at today.

    They had paid for the construction of a three-bedroom Townhouse with one living room and a boys’ quarter in 2022 in Ogombo area of Lagos in the failed transaction.

    Olaniyan said they backed out of the project because the firm did not meet its obligations to build within six months.

    Olaniyan said after two years of failed promises, they requested for a full refund on July 7, 2023, but the firm breached its promise to return the complete money within 90 days.

    He said a 50 per cent payment of 26,450,000 was completed on March 19, 2022.

    The couple expressed dissatisfaction with the depreciation caused by the refund after over 18 months.

    They insisted that the “waiting period for the refund had detrimentally devalued the money by well over 50 per cent of its original value”.

    They said a legal firm as well as a reputable property valuer were working to establish their case and would be demanding adequate devaluation compensations for abuse of trust.

    “Landwey needs to pay us the difference in inflation rate which is $18,021 or 22 million Naira,” the couple said.

    They noted that the amount they paid to the firm in dollar terms in 2022 was $44,084.

    According to them, inflation had affected the refund made in two tranches because the Naira had depreciated from N1,250 to a Dollar in 2024.

    They explained that they paid $44,084 which amounted to N26,450,000 when the exchange rate was N600 to a Dollar on March 19, 2022.

    They said Landwey Investment Ltd in April 2023 refunded N10,000,000 when the exchange rate was N775.

    They added that by January 2024 when the firm made a complete refund of N16,450,000 the exchange rate had gone higher to N1,250 to a Dollar representing additional loss.

    “Total value in dollar today = 26,063 $44,084-26,063 = 18,021

    “Landwey needs to pay us the difference in inflation rate which is $18,021 or N22 million,” they said.

    The husband, Oluyomibo Olaniyan had earlier at the press conference narrated how hard his life had been working in a dangerous prison abroad and his desire to return home after 35 years.

    “A lot of Nigerians abroad want to return home to invest but we are afraid of things like this,” he said.

    Olaniyan, an accountant said they observed due diligence before embarking on the project by hiring an agent and a lawyer who both gave a clean bill to go ahead with the property transaction.

    He said the agent that gave the link to the firm collected a consultancy fee of N2 million while the lawyer was paid a million Naira.

    “We took a second mortgage in the United States to pay this guy (Landwey Investment Ltd) hoping that we will get something. Now, we are paying a loan abroad for something we didn’t get. It is not fair.

    “When we changed the money, we changed one dollar to N400. It was $65,000. Now, the money has lost value fourfold,” he said.

    He called for government intervention to encourage a large population of diasporan Nigerians willing to return home to invest to have confidence in Nigeria.

    He said there were pictures of the firm’s owner with Governor Babajide Sanwo-Olu of Lagos, Alhaji Aliko Dangote and the Oni of Ife giving credence for people to trust in the company.

    “It’s not easy where we work. I work in the most dangerous prison in America. Sometimes I get beaten up, spat on, cursed at, and people dying everyday.

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    “We gather that money and say oh I want to do something in my country and get swindled?,” he queried.

    The wife, Olubukola Akande who joined the Press Conference on the phone lamented their inability to bring their children home on vacation because of the inability to secure the house.

    Responding on behalf of Landwey Investment Ltd, a senior official, Chinonye Agwuncha, said the firm did not breach any agreement.

    She insisted on a phone call that the firm honoured all its obligations and would carry out the last payment.

    She declined to comment when contacted a second time on the issue of payment of compensation due to the depreciation of the currency, insisting the client should write through a lawyer for proper documentation.

    “He should ask his lawyer to write to us. I wouldn’t speak on that topic unless he gives us a complaint because the communication between him and the company is effectively documented from point start till the point he was paid.

    “And at all times he was in the know of how much he was getting. So if after he has received his money, he decides to carry out any action, we can’t stop a client from doing that.

    “So we will wait to get formal communication from his attorney, while we respond,” she added.

  • Ikorodu kingship tussle: Appeal  Court fixes April 9 for hearing

    Ikorodu kingship tussle: Appeal  Court fixes April 9 for hearing

    • By Bode Monogbe

    The Court of Appeal, Lagos Division has  adjourned the Ikorodu Kingship tussle till April 9, 2024, for hearing of pending applications.

    The suit is challenging the judgment of a Lagos Court, delivered by Justice Akintunde Savage, which ratified Kabiru Adewale Shotobi as the Oba Ayangburen of Ikorodu, Lagos State.

    The three-member panel presided over by Justice Muhammed Mustapha adjourned the suit to enable the appellants regularize their pending applications.

    Other members of the panel are Justice Folashade Ojo and Justice Abdullahi Bayero.

    The appellants (Lambo branch of Lasunwon ruling house) are challenging the installation of Kabiru Adewale Shotobi as the Oba Ayangburen of Ikorodu, Lagos State.

    They are  praying the Court of Appeal to set aside the judgment of the lower court.

    The appellants are  Mathew Shodipo, Omobo Sokelu, Shakiru Shodipo,  Nurudeen Fakomaya and  Albert Ania.

    The family is praying the court to allow the appeal and set aside the judgment of the lower court.

    They urged the court to hold that the third to sixth respondents are kingmakers of Ikorodu and privies to Mr Z.O. Aro in Exhibit A who was sued as and on behalf of the kingmakers.

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    Besides, appellants stated that the trial judge erred in law in holding that clause 2 of the consent judgment in suit No. IKD57/2007 did not preclude the Adegorushe branch form presenting a candidate nor preclude the second respondent from being nominated as candidate for the vacant Ayangburen title of Ikorodu.

    “The interpretation by the honourable court took away cause of action and as brought by the applicants and extended it beyond the reliefs sought by the applicants in the response sought by the respondents.

    “The learned trial judge misdirected himself in holding that suit No IKD/57/2007, is subsisting having not been appealed against yet, that the 3rd to 6th respondents are not bound by it but bound only by his judgement.

    “The learned trial judge having extensively dealt with the issue of waiver raised by the respondents, refused and neglected to ascribe nor articulated on the issue of estoppel in pairs, raised by appellants nor pronounce on same.’’

  • ‘Probe mob attack on party youth leader’

    ‘Probe mob attack on party youth leader’

    A Group, the Ukanafun Professionals’ Association (UK-PRO), has called for a thorough investigation into the mob attack of a party leader, Ubokobong Udoworen and his whereabouts.

    Udoworen, Youth Leader of All Progressives Congress (APC) in Akwa Ibom Northwest (Ikot Ekpene) Senatorial District, was attacked by a group of youths on January 18 at Ati Annang Ground in Ikot Ekpene.

    The group said the whereabouts and state of Udoworen have not been known for more than a week.

    Udoworen, a loyalist of Senate President Godswill Akpabio, was attacked following his public condemnation through social media of the alleged diversion of money and food items meant for APC youths in Ikot Ekpene district.

    UK-PRO, in a statement by its General Secretary, Nsikak Ekanem, condemned what it called the inhumane behaviour of the assailants.

    The statement reads: “We are calling on governmental authorities to give attention of urgent necessity in unravelling the crime and make the culprits to face the full wrath of the law.

    “The state of life and whereabouts of Ubokobong Udoworen should be made known to the public.

    “Given that the crime occurred in broad daylight, where many who can give eye-witnesses accounts are not far-fetched, and the video clips of the incidents abound in the public, it is believed that the process of arriving at the successful investigation of the criminal act is just a matter of willingness and sincerity to do the rightful on the part of authorities saddled with such responsibilities.

    “UK-Pro calls on President Bola Tinubu to cause the Inspector-General of Police and other heads of security apparatus in the country to do the needful with regards to this heart-wrenching situation.

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    “We also call on Governor Umo Eno, who also doubles as the chief security officer of Akwa Ibom State, where the crime took place, to synergise with President Tinubu and the security agencies in facilitating justice to have a field day on the injustice meted to Ubokobong Udoworen.

    “Also, even though, no fair-minded person can accuse him of any wrong in the inglorious act, we do not think Senator Akpabio needs to be told that the action of the hoodlums and their sponsors is capable of disparaging his high reputation.

    “Hence, irrespective of whatever action he might have privately taken, he has a duty to raise his senatorial voice openly on the matter.

    “Given the fact that the victim is one indigene of Ukanafun local government area whose character of candour and probity the UK-Pro is so proud of, we are mounting a watch on the situation surrounding Ubokobong Udoworen.

    “We urge other concerned individuals and groups of persons to join in embarking on this noble search for justice.”

  • Olanipekun for Convocation lecture

    Olanipekun for Convocation lecture

    Former Chairman, Body of Benchers, Chief Wole Olanipekun (SAN) will tomorrow deliver the 40th Convocation Lecture of Olabisi Onabanjo University (OOU), Ago-Iwoye, Ogun State.

    The legal luminary who is also the  Pro-Chancellor of the Bamidele Olumilua University of Education, Science and Technology, Ikere, will speak on the topic: “Mass Exodus Of Human Capital In Nigeria: An Anatomical Analysis Of Causes and Effects.”

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    The lecture will hold at the institution’s  lecture hall, in the main campus. 

  • What the prosecution must prove in a charge of mischief by fire

    What the prosecution must prove in a charge of mischief by fire

    FACTS

    This is an appeal arising from the judgment of the High Court of Kaduna State sitting in Kaduna in Charge Number: KDH/KAD/92C/ 2014.

    The Appellant was arraigned before the trial Court on a two-count charge for the offences of causing mischief by fire under Section 337 of the Penal Code Law of Kaduna State, and the offence of culpable homicide punishable with death under Section 221 of the Penal Code Law of Kaduna State. The Appellant pleaded not guilty to the charge.

    It was the Respondent’s case that on the 11th day of December 2010, the Appellant set the room of one Binta Muhammad, who they claimed was his girlfriend, on fire which led to her death. The Appellant testified in his own defence and denied ever committing the said offence.

    While delivering its judgment, the trial Court convicted the Appellant on both counts. On count one, the Appellant was sentenced to 10 years imprisonment and a fine of N10,000, while on count two, he was sentenced to death by hanging.

    Dissatisfied with the judgment of the trial Court, the Appellant appealed to the Court of Appeal.

    ISSUES FOR DETERMINATION

    The Court determined the appeal on a sole issue, viz:

    Whether the Court below was right in holding that the prosecution had proved its case for the offence of mischief by fire and culpable homicide against the Appellant beyond reasonable doubt.

    APPELLANT’S SUBMISSION

    Arguing the issue, the learned Counsel for the Appellant argued that the prosecution must prove the case against an accused person beyond a reasonable doubt, citing the case of STATE V. JOHN (2013) 12 NWLR (PT. 1368) PAGE 337 PAGE 355 and Section 138 of the Evidence Act.

    Counsel submitted that there was no evidence of a woman called Binta Mohammed by anyone who knew her and that the Appellant denied that he set the house of the deceased ablaze because he met her with another man.

    Counsel further submitted that it is trite that since the Appellant’s statement was recorded in the Hausa language, the recorder and interpreter of the statement must be called upon to testify, otherwise, the statement remains hearsay evidence and therefore inadmissible.

    He cited the case of BELLO VS. COP (2018) 2 NWLR (PT. 1603) PAGE 267 @ PAGE 320 PARAS D. Also, the statement was recorded in English but the Appellant does not speak English and he made his statement in Hausa.

    The essence of producing the Hausa version of the statement of the Appellant before it was translated into the English language is to determine the veracity of the English version as produced vis-a-vis the purported confessional statement made by the Appellant. The case of NWALI VS. THE STATE (1991) 3 NWLR (PT. 182) PAGE 663 was cited.

    Counsel argued that Respondent was unable to prove that the Appellant burnt a house, that the house was a dwelling house, or that the deceased was in the house and died in the house, or that the person who died is Binta Mohammed, or that it was the Appellant that was responsible.

    Also, the prosecution failed to call the landlady of the alleged burnt building, the neighbour of the deceased and the district head who qualify as vital witnesses in this case.

    On the offence of culpable homicide, counsel submitted that the Respondent, though saddled by law with the responsibility to prove all the ingredients of the offence, was unable to do that from the totality of the testimonies of the prosecution’s witnesses. The ingredients of the offence were not proved, as none of the witnesses linked the Appellant to the death of the deceased.

    On exhibits 2A – 2D, photographs of the crime scene and the body of the deceased, counsel submitted that it was not the maker of the photographs who tendered them in evidence. As such, they should be regarded as documentary hearsay.

    Finally, counsel urged the Court that the multiple doubts and shortcomings in the case of the prosecution should be resolved in favour of the Appellant. The case of AUDU VS. STATE (2016) 1 NWLR (PT. 1494) PAGE 557 was cited and relied on.

    RESPONDENT’S SUBMISSION

    Arguing the issue, counsel for the respondent submitted that the totality of the evidence adduced by the Respondent was sufficient evidence for the trial Court to convict and sentence the Appellant and that a trial Court can convict an accused person on a confessional statement once it is satisfied of the truth. The case of MAHMUD VS. STATE (2016) LPELR – 41372 PAGE 25 – 26 PARAS A – B was cited in support.

    Counsel argued that the recording and interpretation of Exhibits 1 and 1A are direct, positive, and unequivocal and were given without any force or intimidation and undue influence from the police.

    It was argued that it would be prejudicial to the case of the Respondent for the Court not to admit evidence of an interpretation done by a member of the police force since it can be tendered by any other member in whose presence the recording was made.

    Counsel submitted that a retracted confessional statement does not affect the admissibility of the statement but rather it affects the probative value to be attached to the statement. The case of MOHAMMED VS. THE STATE (2019) LPELR – 46420 was cited in support.

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    It was submitted that the testimonies of PW1 and PW2 of visiting the crime scene and seeing the razed house and the burnt body of the deceased is enough independent evidence to corroborate the admitted confessional statements of the Respondent, therefore the conviction of the Appellant was right in law

    On the count of committing mischief by fire, counsel submitted that the count was established by proving that the accused committed the mischief, the mischief was committed by fire or an explosive substance and the mischief destroyed and damaged a property.

    It was argued that the Respondent proved the offence of culpable homicide punishable with death against the Appellant by showing and proving that the Appellant burnt down the room of the deceased, causing her death.

    Concluding, counsel submitted that the totality of evidence adduced by the Respondent was sufficient evidence for the trial Court to convict and sentence the Appellant for the offences he was charged with. Counsel urged the Court to disallow the appeal.

    RESOLUTION OF THE SOLE ISSUE

    Resolving the sole issue, the Court, relying on the case of SALAU VS. STATE (2019) LPELR – 48114 (SC) (PP. 4 PARAS. C), per Abba-Aji, J.S.C. and Section 337 of the Penal Code, established the ingredients of the offence of causing mischief by fire viz:

    (1)The accused committed a mischief.

    (2)The mischief was committed by fire or explosive substance.

    (3) It resulted in the destruction of a building/property.

    (4) The place destroyed must have been a place of worship, human dwelling or custody or property.

    Applying the above to the instant case, the Court held that the Respondent was able to prove the last three ingredients of the offence, to wit, that the mischief was committed by fire or explosive substance; it resulted in the destruction of a building/property; and the place destroyed was a place of worship, human dwelling or custody or property.

    The Court, however, noted that the Respondent did not successfully establish through its witnesses, the first ingredient, which is that the Appellant was the actual person who committed the offence.

    None of the prosecution witnesses had any background knowledge as to who actually committed the offence of mischief by fire. None of the prosecution witnesses stated what the Appellant used to start the fire and neither were they able to solidly establish their assertion that the deceased was the girlfriend of the Appellant.

    Also, the PW1 and PW2, police officer who visited the scene of crime, never started how the Appellant was linked to the crime, who apprehended him and if he was found at the crime scene.

    The PW1 and PW2 even failed to establish the identity of the deceased through credible evidence. The Court therefore held that the Respondent failed woefully to prove the guilt of the Appellant through the testimony of their witnesses and the evidence tendered.

    Having held that the Respondent failed to prove the guilt of the Appellant, the Court stated that all that was left was to consider the confessional statement of the Appellant in establishing his guilt, which confessional statement was relied solely upon by the trial Court in convicting the Appellant.

    On this, the Court stated that before an accused can be said to be convicted based on his confessional statement, the prosecution must have proved the ingredients of the offence for which he was charged.

    The Court stated that the confessional statement must be corroborated by satisfying the tests laid down in the cases of OZARE UBIERHO VS. STATE (2005) 7 MJSC 168 and ALAO VS. THE STATE (2019) 17 NWLR (PT. 1702) 501 which are:

    1. Is there anything outside the confessional statement to show that it is true?

    2. Is it corroborated?

    3. Are the relevant statements of facts made in it most likely to be true as far as they can be tested?

    4. Is his confession possible?

    5. Is it consistent with other facts which have been proved? This corroboration was lacking in the instant case.

    The Court held that corroboration was lacking in the instant case.

    On the issue of the statement of the Appellant which was recorded in Hausa and later translated to English language, but was not tendered in evidence by the same police officer who recorded it.

    The Court relied on the cases of KALIMBO VS. STATE & ANOR (2020) LPELR – 50540 (CA) (PP. 19 – 23 PARAS. E); NWAEZE V. THE STATE (1996) 2 NWLR PART 428 P.1 AT P.20; and FRN VS. USMAN (2012) 8 NWLR (PT. 1301) P. 141 AT 159 – 151 to hold that the failure of the Prosecution to call the interpreter who translated and recorded the testimony of the Appellant from Hausa language to English language is very fatal to their case. It is a mandatory condition that must be satisfied.

    On the issue of the failure of the Respondent to call vital witnesses which include the neighbour of the deceased, the landlady of the house that was burnt down, the village head of the place and even the Investigating Police Officer who recorded the confessional statement of the accused in Hausa and translated same to English, the Court held that the Respondent’s failure to call the above listed vital witnesses was fatal to their case.

    See the cases of OCHIBA VS. STATE (2011) 17 NWLR (PT. 1277) PAGE 663 AT 696 PARAS A – B; and STATE VS. NNOLIM & ANOR (1994) LPELR – 3222 (SC).

    HELD

    The Court held that the Respondent failed to establish the guilt of the Appellant. The appeal was therefore meritorious and same was allowed.

    Appearances:

    Olalekan Bade-John Esq.  

    For Appellant(s)

    M. P. Danjuma, Esq.                                                              

    For Respondent(s)

    Compiled by LawPavilion.

    SALISU v. STATE

    CITATION: (2023) LPELR-60428(CA)

    In the Court of Appeal

    In the Kaduna Judicial Division

    Holden at Kaduna

    ON FRIDAY, 26TH MAY, 2023

    Suit No: CA/K/250/C/2020

    Before Their Lordships:

    AMINA AUDI WAMBAI

    Justice, Court of Appeal

    MOHAMMED BABA IDRIS

    Justice, Court of Appeal

    MUSLIM SULE HASSAN

    Justice, Court of Appeal

    Between

    IBRAHIM SALISU

     -Appellant(s)

    And

    THE STATE

    – Respondent(s)

     Leading judgment delivered by

    Mohammed Baba Idris, J.C.A.

  • NBA sets up AGC, remuneration committees

    NBA sets up AGC, remuneration committees

    The Nigerian Bar Association (NBA) has set up the Annual General Conference (AGC) 2024 and the National Remuneration Committee(NRC) towards its annual conference holding in Lagos.

    The NBA Renumeration Implementation Committee had made recommendations to the National Executive Council (NEC) meeting of the association held on December 7, 2023  for the establishment of the NBA Renumeration Committee referred to in paragraphs 10, 11 and 12 of the Legal Practitioners Renumeration (for Business, Legal Service and Representation) Order, 2023.

    The notice of the constitution of the two committees was contained in a statement issued by the National Assistant Publicity Secretary, NBA Charles Ajiboye.

    The notice stated that the NBA President, Yakubu  Maikyau (SAN) has appointed Mrs. Oyinkansola Badejo-Okusanya as the Chairperson of the Annual General Conference Planning Committee 2024(AGCPC). She was the alternate chairman for the AGCPC2023.

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    Other members are Amina Sulieman Kaoje as Alternate chairperson, Laura Alakija  as Secretary while Chika Eucharia Okorie was appointed Assistant Secretary.

    The statement said other members will be announced later whilst the committee reserves the power to co-opt members as they deem necessary.

    In the same vein, the statement said the President has also constituted the NBA NRC  and appointed  Mazi Afam Osigwe (SAN) as the Chairman while Aminu Sani Gadanya  was appointed as the alternate chairman.

    Foluke Akinmoladun was appointed Secretary while  Florence Marcus  was the Assistant Secretary.

    Other members of the remuneration committee are: Professor Agbo Johnson Madaki, Adama Mohammed, Cordelia Uwuma Eke, Damian Nosike, Abdulwasiu Alfa, Barbara Omosun and Augustine Nwabueze Eseagwu.

  • Agbakoba: Supreme Court ‘mafia’ must be broken up

    Agbakoba: Supreme Court ‘mafia’ must be broken up

    • ‘Law on judicial appointments, composition of appellate courts needed’

    Dr Olisa Agbakoba (SAN), a former Nigerian Bar Association (NBA) president, is a development law expert. An alumnus of the London School of Economics & Political Science, he founded foremost civil rights organisations such as the Civil Liberties Organisation (CLO), United Action for Democracy and the Human Rights Law Service (HURILAWS). He set legal reform and governance agenda for the President and the National Assembly at a media parley. Deputy News Editor JOSEPH JIBUEZE was there.

    Constitutional governance

    he problem of the constitution is not so much the content. It’s the lack of acceptance and legitimacy. If you allow people to speak and own something, you will be surprised they may arrive at the same answer. They may even adopt the same constitution. If there is a new constitution, it may not necessarily be different. It might be, but the main problem is that the constitution lacks legitimacy. It lacks validity; it is not autochthonous; it has been imposed. The owners of Nigeria want to be at the forefront of the discussion for a new constitution. Whatever they arrive at, they can say: ‘This is our document’. There might be variations. I know that one key variation might be to adopt the 1963 model. But if you look at the provisions of the 1963 Constitution and the 1999 Constitution on fiscal federalism, they’re exactly the same. The Federal Government controls most of the money. But why was that one accepted? Because it was their constitution. Why is the current one not accepted? Because it is not the people’s constitution. So, I want to emphasise that the problem is with the process and not the content. Allow those who own Nigeria to create their document, no matter how imperfect. But if I were to say what should be in the document, I’d say we need to devolve. We need to have a loose federation. The centre is too strong. Let the states be the economic drivers. All the constitutions we’ve had have been imposed.

    Sovereign national conference no longer relevant

    I personally accept that there can be no sovereign national conference (SNC). There is a moment for everything. There was a time when the SNC was relevant. Right now, by virtue of Section 4 (1) of the Constitution, the National Assembly is the sovereign parliament of Nigeria, however imperfect it is. So, it is best to start building from that process and to ask them why they cannot replace the constitution. Why can’t they bring in the owners of Nigeria to assist in the resolution of the crisis of insecurity? Military solution will not work, so why not hand the problem over to the owners of Nigeria? You have to agree to be married to someone. I don’t know why that point is not understood. We must agree.

    Parties to the agreement

    They are those who lost their independence in 1914. Call them and say: ‘We know your independence was taken from you. Now, we recognise the importance of your role. Please go and discuss. Tell us what you want to do.’ I can assume that the answer will be: ‘We want to be in Nigeria.’ But they want to be consulted. They want to own that process. Good leaders listen to the people and hear their complaints because that may be what they wish to resolve. Good leaders are not a hindrance. But successive governments have failed to understand the logic of listening. So, we need great leaders who are like great structural engineers. Leadership is what takes us backwards, and that is why I pray for Tinubu to reach cruising heights.

    How to produce a new constitution

    I found the late Prof. Ben Nwabueze’s theory on a new constitution very interesting. He says the National Assembly may not be aware of the nature of their powers. The National Assembly has three legislative powers: sitting as the House of Assembly of the Federal Government; sitting as the House of Assembly of the FCT, and as the House of Assembly of the Federal Republic of Nigeria. The last is the power they’ve never used. Nwabueze suggests that they could use that to just establish a new constitution. All they need to do is to consult people. The constitution is not as sacrosanct as it sounds. It’s an Act that attaches the schedule. Nwabueze suggests: deleting the schedule of the current constitution and adding a new one. Write up something agreeable. Send it around. Once it’s accepted, invoke the powers of Section 4(1) and exchange it. This happened when the Republican Constitution was exchanged. The parliament replaced the Independence Constitution by a deletion in one day. Our National Assembly has spent 23 years amending the constitution. Our constitutional and political foundation is weak.

     Get ethnic giants involved

    What we need is to identify the owners of Nigeria before 1914. In previous national conferences, professional associations, such as the NBA, were invited. We (lawyers) have no ethnic stake per se. Invite those who were owners of Nigeria – Benin Kingdom; the emirs, the Obi of Onitsha. Excluding them from the development process is a huge error. We need to bring in Ohanaeze, PANDEF, Arewa, and Afenifere. These are the people that will shape Nigeria and give us political peace for development. The government needs to resolve critical national questions. Are we a country, state, or nation? Do we intend to live together as one country and how? Once these questions are answered, it will set the stage for a new political arrangement that can be articulated in a new constitution. Sub-national ethnic leaders (Ohaneze, Arewa, and Afenifere) have national appeal and can provide alternatives. The current National Assembly has powers to facilitate this process under the constitution. 

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    Need for a strong governance structure

    One of the things that is ignored in development discussions is law. Little attention is paid to the law. My background is development law, and a sub-speciality of it is governance, which is like a foundation. A country that has been struggling with the foundation for 23 years cannot be considered a serious country. So, there is a need for speed. The 10th Assembly must address the issue. The late Bola Ige once said, in a political arrangement like Nigeria’s, the first question is, just like having a wife: do I want to be married? In Nigeria, do we want to be one? It’s an assumption that we want to be. It’s a terribly big and wrong assumption. Croatia was one of the six countries that formed Yugoslavia. But they’re doing very well. Macedonia is doing very well. Slovenia is doing very well. It’s not sacrosanct that we must be one country if in being one country, you have all the killings. In looking at President Tinubu’s governance programme, I will remind him of a structural engineer who says: ‘I can’t build Nigeria based on a weak governance structure.’ It is a fundamental process if you want a country to grow. Nigeria’s governance structure is very weak.

    The peace fundamental

    If a man is always fighting with his wife, he cannot have peace or think about how to develop. We can learn from history. When the Catholics lost out in Europe, and the protestants came on, there were 80 years of war. Maximilian sat down and created a conference that brought peace. So, the first thing we have to do in Nigeria is to organise peace. Without peace and security, we cannot have good governance. To continue to do the same thing with the same result is a mistake. We cannot resolve our problem with a military solution. It will not happen. If we continue on this path of deploying the military, we cannot win. You cannot use military solutions for irregular warfare. While I was a student at the University of London, I elected to do counter-insurgency. Why Mao Tse-tung won was because he fought an irregular warfare against mainland China. America got involved, but the most powerful country was beaten by a rag-tag Vietcong army, which fought an irregular war. Where do you find IPOB people or the bandits? Military options will not give Nigeria peace. So, the first thing we must do is to find a way to resolve our crises. In Abuja, people are afraid. In Jos, people are afraid. In Kaduna, people are afraid. In the Southeast, my brother was kidnapped. The whole place is terrorised. So, we need to have a process around which the government will create peace.

     Strong judiciary needed

    The Judiciary in my 45 years in the profession has never been as low as this. Even the Supreme Court – Justice John Okoro – castigated the Court of Appeal for the terrible judgment where they removed virtually everybody in the Plateau political system. We can’t grow if we have a weak judiciary. Therefore, the only way to grow is to break up this mafia in the Supreme Court. You have to break it up. It’s like saying no woman in Nigeria is entitled to political office. That’s what they’ve done to us in the judiciary. No lawyer is entitled to be appointed to the Supreme Court. It’s only them. They create a mafia, block us out, and appoint themselves – like an incestuous relationship. They cannot be at their best. So, the National Assembly should understand the difference between the administration of justice and judicial administration. In respect of judicial administration, the National Assembly can intervene. The Federal High Court, Court of Appeal Act and Supreme Act already have provisions relating to qualification for appointment and composition of courts. The only thing the constitution says is that you must have practised for 15 years, nothing else. We need a law, a Supreme Court Appointment Act, to regulate the appointment and composition of courts. The Court of Appeal Act for instance, provides that appeals from the Customary Court shall be heard by not less than three Justices of the Court of Appeal learned in customary law. Nothing stops the National Assembly from including in the Act that the Supreme Court shall be composed of Justices from the bench Bar and academia. To keep excluding the Bar and the academics will only result in a weak judicature. The National Judicial Council (NJC) is too strong an institution. 

    Tough decision necessary

    I think all the tough decisions President Tinubu took were correct, painful as they are. What needs to happen is major legislation and major legislative action to cushion the hardship Nigerians face. The removal of the petrol subsidy was the right thing because it was a very corrupt policy. But where is the money? I don’t like these personal palliatives. I prefer institutional palliatives because they’re more transparent and the people will feel it more. For instance, if you say: that for all Nigerians under the age of 12, there will be no school fees. You will find the impact immediately. But where are the people being given N5,000 each? The President has got off to a good start on the runway, but the most difficult time for a pilot is when he’s climbing. An air return is a possibility.

    The President has set a very ambitious goal to grow Nigeria’s GDP to $1 trillion in seven years. This is a huge task. Achieving these goals requires massive legislation and executive action. Two countries that achieved major turnaround by the enactment of major legislation and executive are the U.S. (Franklin D. Roosevelt’s New Deal) and the UK (Margret Thatcher’s Big Bang). The primary tool Tinubu needs is governance. Governance is a critical tool in development planning. It is the equivalent of a building plan. Nigeria’s Governance structures are weak and so what is required is to strengthen them through critical laws and policies.

    Regulatory, administrative governance

    Former ministers Babatunde Fashola and Rotimi were running around. There is no way both could have resolved our infrastructure needs. Governance entails understanding the structures of government. A minister is not an implementer but creates policy. So all that running around was unnecessary. There is an institution set by the Constitution to deliver what the executive decides, and that is the fourth branch of government, known as the administrative state, which is critical for development. The fourth branch is responsible for regulatory oversight in Nigeria. However, currently, it seems to be weak in delivering good governance due to its ineffective mechanisms. Regulatory agencies are often viewed as financing conduits for ministers instead of independent bodies. Reviewing legislation and strengthening the oversight functions are crucial to making the fourth branch perform optimally. The role of the fourth branch as an inspector and enforcer of government policies should be redefined by new legislation and oversight. Presently, there is an overlap of functions as ministers perform regulatory and inspection functions, such as overseeing airports, bridges, roads, etc. These are properly the functions of the administrative state, which is the fourth branch of government. The minister of Health cannot be the Chief Medical Officer of the federation and handle policy work simultaneously. This creates a situation where ministers set policies and then inspect their policies, which is not desirable. The UK model demonstrates the appropriate separation of policymaking and administration.

    Electoral governance

    Implement Justice Uwais’s report on electoral reform e.g. Unbundle INEC into three bodies for pre/post-election roles. Make INEC neutral in election disputes. There needs to be a transparent process for appointing the INEC chairman.

    Economic Governance

    Revise Section 16 of the Constitution to clarify Nigeria’s economic ideology.

    Leverage non-tax public revenue sources more effectively as provided under section 162 (10) of the Constitution. Develop a legal framework to activate private capital for development. Most of Nigeria’s private capital is “dead” or inactive due to a lack of infrastructure supporting capital flows in a developing economy. Strengthen the implementation of local content policies by passing the Fly Nigeria Bill. Overhaul the Coastal and Inland Shipping Act, NIMASA Act, and Local Content Act to reduce revenue losses. Reform property titling frameworks to unlock trillions in capital from land assets. Establish a National Credit Guarantee Corporation. This is absent in Nigeria. The function of a National Credit Corporation is to support MSMEs with credit. When viable business proposals are guaranteed, the economy gets stimulated, expanded, and converted to goods and services sold to consumers.

     Unbundle CBN

    Unbundle the Central Bank of Nigeria (CBN) as done in the UK by creating two new institutions styled Prudential Regulatory Authority and Financial Conduct Authority to enhance bank performance. Introduce legislation to establish a one-stop revenue collection agency styled National Revenue Authority (NRA) and move all revenue collection functions of MDAs to the NRA. This could vastly increase tax and non-tax revenue.

    Trade governance

    Legislate national trade policy and office of trade negotiation. Establish Customs and Border Protection Service. Review bilateral investment treaties.

    Maritime governance

    Pass Maritime Zones Bill to extend exclusive economic zone. Reform Cabotage laws to build domestic shipping capacity. Enact critical bills like the Ports and Harbor Bill, Maritime Spatial Planning Bill, and Maritime Zones Bill to increase private sector participation. Introduce legislation to establish a Nigerian Border Protection Agency that would merge immigration and customs functions into a single entity. This would maintain and enforce border security, which is crucial for executing impactful trade policies.

    Aviation governance

    Enact the “Fly Nigeria” Bill to support Nigerian Airlines. Introduce a corporate governance framework to reduce airline failures

     Space governance

    Update current Legislation and policy on Space e.g. The 2006 Space policy and 2010 NASRDA Act. Domesticate major international treaties, the most recent being the Artemis Accord.

    Way forward

    Nigeria’s challenges may seem daunting, but they are not insurmountable.

    If all these governance issues are implemented in the short term, we are likely to continue to feel the pain but in the long term, results will begin to show. The Tinubu Government has a unique opportunity to articulate and drive an uncommon agenda for development. There needs to be a specific, measurable, achievable, relevant, and time-bound implementation plan otherwise it will be all talk and no progress.

  • Torrent of tributes for legal legend Uwechue

    Torrent of tributes for legal legend Uwechue

    The Lagos State Chief Judge, Justice Kazeem Alogba has described former Chairman of the Body of Benchers, Late Chief George Uwechue (SAN),  as an erudite senior lawyer who would be dearly missed by the legal profession.

    Uwechue died on October 29, 2024. He was aged 85 years.

    Justice Alogba spoke during a Special Court Session in honour of the late jurist who also rose to become Speaker pro Tempore of Nigeria’s House of Representatives.

    In a tribute by the Body of Benchers signed by its Chairman,  Justice Mary Odili and delivered on her behalf by  Dele Adesina (SAN), it noted:  “Chief George Uwechue, (SAN) was a quintessential practitioner, a rare gem, a great leader, an epitome of humility, a mentor and a respected elder statesman.

     “He distinguished and made a name for himself within and outside the legal profession. He was one Nigerian that served the legal profession and the nation diligently and meritoriously in various capacities.”

    On its part, the Body of Senior Advocates of Nigeria (BOSAN) noted that “So much has been said about his brilliance as a lawyer and his astuteness as a politician,” adding that Uwechue “appeared as counsel in a large number of important cases and played an active role in the affairs of the Nigerian Bar Association.”

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    BOSAN which was represented  by foremost maritime lawyer, Louis Mbanefo (SAN) stated that Uwechue, also known as the Owelle of Ogwashi Uku, “became a Life Bencher and Chairman of the Body of Benchers.”

    Mbanefo noted: “During my visits to his house shortly before his death, he expressed his delight at the honour bestowed on him by the Body of Benchers by naming a building at their headquarters in Abuja after him.

     “The death of Owelle has left a void in our hearts. He shall sorely be missed.”

     NBA President, Mr. Yakubu Maikyau (SAN),  stated: “The learned silk was an active and committed Bar man. He was a representative of the Nigerian Bar Association in the Body of Benchers for 17 years, before his appointment as a Life Bencher.

    “He also served our nation to the best of his abilities and in varying capacities, having served as Chairman of the Body of Benchers; Member, Rules Advisory Committee that drafted the Supreme Court Rules, 1985 (as Amended) and Member, Federal House of Representatives representing Aniocha Federal Constituency, in the old Bendel State. Truly, he was a statesman to the core.”

    Tributes were also delivered by the Attorney-General of Lagos State, Mr. Lawal Pedro (SAN) and a representative of NBA branches in Lagos State.

    Speaking on behalf of the family, Hon. Sally Uwechue-Mbanefo thanked the Lagos State Judiciary for the honour done to the patriarch of the family.

    Among senior lawyers who attended the event are: former NBA President, Dr. Olisa Agbakoba, (SAN); Chief Emeka Ngige, (SAN);  Dele Adesina, (SAN); Mr. Toyin Pinheiro, (SAN); Chief Val Uche Obi, (SAN) ; Mrs. Titilola Akinlawon, (SAN); Dr. Chuka Agbu, (SAN); Mr. Luke Chidi Ilogu, (SAN); Mr. Chijioke Okoli, ( SAN) and Mr. Lotanna Okoli, (SAN).

    Others are Mr. Chukwuka Ikwuazom, (SAN); Mr. Clement Onwuenwunor, (SAN); Dr. Leslie Nylander, (SAN); Mr. Uzoma Azikiwe, (SAN); Chief Henry Omu, (SAN); Mr. Chibuike Victor Ihekweazu, (SAN); Chief Uche Ihediwa, (SAN); Prof. MacCarthy Mbadugha, (SAN); Prof. Oludayo Amokaye, (SAN); Mr. Ikenna Okoli, (SAN) and Senator Mike Ajegbo, CON.

    Meanwhile, requiem mass and Night of Tributes were held last Friday at the Nigerian Law School, Lagos Campus in honour of the legal luminary.

    Among those who attended the event were Labour Party presidential candidate, Mr. Peter Obi; wife of Nigeria’s former Vice President, Dr. Beatrice Ekwueme;  Senator Daisy Danjuma, and a representative of the Ooni of Ife, Oba Adeyeye Enitan Ogunwusi CFR (Jájá II) among senior members of the bench and Bar.