An Ikeja High Court, Lagos has adjourned further hearing till December 6, 2023 in a $47 million loan suit between an investment firm, Nichole Integrated Investments Limited, and oil magnate, Alhaji Sayyu Dantata.
Other defendants in the suit are his three companies, MRS Holdings Company Limited, MRS Oil Nigeria PLC, and Bestaf Trading Company Ltd.
Justice Yetunde Pinheiro on the adjourned date will hear two applications, including one for a mareva injunction from the claimants seeking the following:
An order of mareva injunction restraining all the four defendants jointly and severally from paying out any money standing to the credit or for the benefit of the respondents from the under-listed accounts pending the determination of the suit.
An order of mareva injunction restraining the defendants, particularly the 4th defendant from disposing, alienating, and or transfering the large expanse of land measuring 400,000 square meters situate at Lekki Free Trade Zone Phase 2, Ibeju-Lekki pending the hearing and determination of the suit.
Alternatively, the claimants seek an order directing the defendants jointly and severally to pay the sum of $23,359,626.00 being the amount claimed as the balance outstanding from the total loan sum of $44,516,000 facility given by the claimants to the defendants under contract on August 5, 2009, or the naira equivalent at the current bank rate.
The sum of N50 million being the cost of litigation, and N25 million cost for damages for breach of contract.
The claimants want the sums to be paid into an interest yielding account to be opened in the name of the Chief Registrar, High Court of Lagos State, to await the judgment of the court.
The banks listed on the mareva application are GTBank, Coronation Merchant Bank, Access Bank Plc, WEMA Bank Plc, First Bank, Zenith Bank Plc, Stanbic IBTC, and Sterling Bank.
The other application is the one filed by the Defendants seeking the court to stay proceedings pending the determination of an appeal they filed at the Court of Appeal, Lagos to determine whether the lower court has jurisdiction to hear the suit since according to them, the claimant’s suit is statute barred. There application on this issue had earlier been over-ruled by the ADR Judge. Hon Justice Folami.
When the matter came up for hearing at the last sitting of the court on November 17, the claimant’s counsel, Dele Adesina (SAN) informed the court that he was ready to move his application for Mareva injunction and that the application is not opposed as the defendants/respondents have failed to file counter affidavit to the application.
Responding, counsel to the respondents, Norrison Quakers (SAN) informed the court that they filed a counter affidavit on November 1 and that the claimants counsel refused service of same.
He drew the attention of the court to an affidavit of refusal of service filed before the court.
Responding, Adesina said: “My lord, I am speaking from the Bar. I’m telling this court that we were not served the counter affvit”, adding that his office did not refuse service.
At this point, Justice Pinheiro took a look at the said affidavit and refusal of service and noticed that the address in the affidavit was different from the address of the law office of Mr Adesina. She said she could not agree with Quakers as the address pointed out that service was made, was a different and wrong address.
Consequently, Quakers apologised to both Adesina and to the court, saying “I take full responsibility and apologise to my brother silk whom I hold in high esteem”.
He asked for a short adjournment to enable him effect the service properly.
However, Adesina accepted service right in court.
The court, therefore, adjourned the suit till December 6, 2023 for arguments of both applications.
The Executive Secretary, Lagos State Domestic and Sexual Violence Agency (DSVA), Mrs. Titilola Vivour-Adeniyi, has said the newly-trained Lagos State University of Education (LASUED) Campus Ambassadors would act as first responders of sexual and gender based (SGBV) on the campus.
She said this was to further leverage on education as a tool for prevention of all forms of abuse within the institution.
Mrs Vivour-Adeniyi stated this during the just concluded two-day training for the LASUED Campus Ambassadors which held at the institution’s library, with 30 persons in attendance.
The DSVA Executive Secretary pointed out the importance of addressing the SGBV menace which she said was to emphasise the State Government’s unwavering commitment to eradicating SGBV on campuses and how crucial their roles are in the process.
She expressed hope that the initiative would spur peer learning and peer accountability, and it would also encourage the bystander culture of students being responsive in precarious situations, especially on campus.
The Dean of Students Affairs, Dr. Rilwa Dawodu, who represented the Vice Chancellor, appreciated the DSVA team for bringing the initiative to LASUED and said it would stem the tide of the menace to the barest minimum.
He urged the DSVA team to also extend the initiative to their other campus located at Epe.
Before the first discourse, a pre-test was conducted to ascertain the knowledge of participants on issues of SGBV.
Damilare Adewusi, Head, Community Engagement Lagos DSVA, explained the existing State Laws and policies of SGBV and took participants on the dos and don’ts while interfacing with survivors.
Ms. Kafayat Salami Community Engagement Officer DSVA explained psychological first aid where she emphasised that the use of empathic words, emotional intelligence and educating survivors on the various support services accessible at the agency was sacrosanct.
Mr. Tobi Ikudayisi enlightened the participants on the overview of SGBV where he listed the various forms of abuse, the myths about rape and sexual harassment as well as the psychological effects of SGBV.
Dr. Bola Elegbede, the Director of, SGBV LASUED Response Team appreciated the DSVA team for bringing the initiative to LASUED and gave assurance that the training would be beneficial to all.
Certificates of participation were subsequently presented to the participants by the DSVA team.
Subscribers of Renaissance Estate in Port Harcourt, Rivers State, have demanded their reinstatement to the property or payment of N4 billion compensation by the First Trust Mortgage Bank Plc for rendering them homeless.
The Renaissance Homeowners and Residents Association made the demand through their counsel, Efe Ize-Iyamu of Adeniji Kazeem & Company in a letter to the Managing Director of First Trust Mortgage Bank.
The property owners bought 16 units of four-bedroom terrace houses located on Plot 96 Bimkol Close, GRA Phase 3, Port Harcourt, Rivers State.
They paid N50 million per apartment through FBN Mortgages Limited (now First Trust Mortgage Bank) in February 2010.
The lawyer wrote: “Sometime in February 2010, several units of four-bedroom flats at Plot 96, GRA Phase 3, Port Harcourt were sold to the homeowners, who subscribed to the Renaissance Homes housing scheme, an initiative of FBN Mortgage Bank Plc now known as First Trust Mortgage Bank Plc.
“They have exercised undisturbed proprietary and possessory rights over their several units until March 1, 2022, when men of the Nigeria Police Force invaded the premises in a bid to execute a Supreme Court judgment delivered sometime in January 2003 and ever since then the residents and homeowners have been homeless, dispossessed of their various belongings and have been living at the mercies of whoever may show empathy.”
The law firm accused the bank of gross negligence by not properly investigating the title it acquired from Vestor, ignoring the potential encumbrance and foisting a defective title on the Renaissance Subscribers.
It argued that a diligent follow-up search would have revealed the existence of the Supreme Court judgment even though not registered at the Lands Registry at the time.
Ize-Iyamu wrote: “As of January 31, 2003, the decision of the Court of Appeal was already reversed by the Supreme Court and then in June 2003 Vestor bought the land from Ex-Squadron Leader Obiosa. First Trust Mortgage Bank Plc thereafter bought the land from Vestor in 2008.
“In the light of all these facts, modest due diligence, going by a reasonable man’s test would have revealed that at the time your bank was about to purchase the property from Vestor in 2008, there was a court-martial judgment registered on the property.
“There was also a Court of Appeal judgment in furtherance of which Vestor then registered its interest, which would ordinarily arouse the curiosity in anyone, especially your bank, to conduct due diligence on the status of the appeal to the Supreme Court.”
The association rejected the bank’s offer to negotiate.
The lawyer added: “Our client is not interested in your negotiation with Adekanola, the claimed beneficiary of our seized property from the Nigeria Air Force, who eventually evicted our clients and as regards restoring our client back to the same property. We rather advised it would be to the interest of your client to explore a room of settlement.”
The estate’s association Chairman, Dr. Doyle Edeni, whose firm is into oil and gas services, claim to have remodelled and converted three four-bedroom facilities into a 13-bedroom facility with five sitting rooms, four kitchens, a gym, game room, a 24-seater conference/training room and three offices, all furnished to international standards to accommodate and cater to the needs of international and local Nigerian teams.
Another subscriber, Dr. George Uzonwanne, said the subscribers paid N50 million each. He said: “I bought into the estate thinking that it was a genuine property from a remarkable company.
“l have not received any apology or compensation from First Trust Mortgage Bank Plc. Security men came in the middle of the night to throw us out. I was billed to bring my family down, but l have not been able to do so.”
In response, the bank’s lawyers – Onyeke, Ideho & Ighomuaye LP – said their client sympathises with victims “over the sad and traumatic incident”.
They find the development “extremely strange, as it (the bank) had no reason to doubt the credibility and validity of the title of its predecessors-in-titles, over the land”.
First Trust Mortgage Bank’s lawyers added: “Our clients have commenced an in-depth investigation into the incident to understand how a property over which it had valid titles spanning three different predecessors-in-title could have been the subject matter of a court action it was not aware of and/ or brought to its attention up and until the delivery of judgment and execution of same.”
In another letter, the bank’s lawyers traced the history of the landed property and ownership, saying they intended to pursue some course of action that would lead to the recovery of the estate.
They stated: “First, in conjunction with Vestor Properties Limited, to engage Chief Olusola Adekanola, the purchaser of the land from the Nigeria Airforce on an amicable resolution of the matter, towards a possible restoration of the possessory rights of the subscribers of the Renaissance Apartments.
“Secondly, to commence interpleader proceedings at the Rivers State High Court, Port Harcourt, before the same court that granted the warrant of possession, and contend before the court that Supreme Court judgment executed at the property, that the execution of the judgment by the Air Force on the order of restitution, can only be executed on the known and established property or properties of the judgment debtor.”
Quick resolution of commercial disputes is essential to economic development as it boosts investor confidence.
This is why states need to strengthen their alternative dispute resolution (ADR) mechanisms in support of regular courts.
This is the view of a Senior Advocate of Nigeria (SAN), Dr Anthony Idigbe, who urged the Delta State Government to set up an arbitration commission for quick resolution of commercial disputes.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute.
In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.
Among others, an arbitration commission will provide service to parties who request conciliation or arbitration in accordance with the rules, among other roles.
He spoke when ASACCIMA hosted the Fourth Quarter Council Meeting of the Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA) in Asaba, the Delta capital.
Idigbe, who is also the President of the Delta Association of Chambers of Commerce Industry Mines and Agriculture (DACCIMA), called for support by the state to set up an arbitration commission by donating land and a building for ASACCIMA to manage.
The SAN also called for a review of multiple taxation, which he said has become a burden on businesses and adversely affects the ease of doing business.
Noting that Asaba and its environs had historically played prominent roles in the nation’s political and commercial life, he urged the state to partner with ASACCIMA in the execution of proposed projects that will help tackle the challenges of youth employment, insecurity and poor power supply.
He believes that including ASACCIMA and DACCIMA members in state business delegations will allow businessmen and women to interact with foreign counterparts to boost the sub-regional entity’s economy.
According to Idigbe, an integral part of the private sector is the Chamber of Commerce, which has worked with successive governments in fostering development through Organised Private Sector (OPS) initiatives and is poised to do more.
Idigbe, who is NACCIMA Legal Adviser, urged the government to support efforts towards developing the trade fair complex at Osubi to international standards and to develop similar facilities in Asaba.
The SAN commended the state government for creating an enabling environment for businesses to thrive, especially through infrastructural development.
He said: “I want to commend the state government for creating the enabling environment for business to thrive. Our successive governments have done a lot to foster commerce in the state.
“There has been massive infrastructural development, including the Asaba International Airport, ultra-modern Ogbeogonogo Market, Mechanic Village, amongst others.”
NACCIMA National President, Otunba Dele Oye, said ASACCIMA, established in 1983, has been a tower of strength and a responsible member of NACCIMA.
He said the national body jumped at the opportunity offered to be hosted in Asaba by ASACCIMA.
He said NACCIMA has over 70 cities and state chambers of commerce, 439 corporate members, 13 bilateral chambers and 14 professional business associations.
Oye restated the importance of a functional trade fair complex and urged the state government to partner with DACCIMA in developing the one in Osubi and an exhibition centre in Asaba.
Delta Commissioner of Trade and Investment, Mr Samuel Oligida, represented by Felix Oseji, said a private developer has indicated an interest in remodelling the Osubi complex, adding that it will be delivered soon.
He urged the OPS to invest in Delta, adding that the state was safe and investor-friendly.
He described Asaba as the fastest-growing state capital in Nigeria.
The two-day event, which began on November 19 with a golf kitty and a welcome dinner at Chief Idigbe’s residence in Asaba, was followed by a youth empowerment summit, an EXCO meeting and a welcome dinner the next day.
Last Tuesday, there were visits to the Delta State Governor Sheriff Oborevwori and the Asagba of Asaba, His Royal Majesty, Prof Chike Edozien.
The event ended with the NACCIMA Council meeting and dinner.
The 58 newly sworn-in Senior Advocates of Nigeria (SANs) have been told to take extra caution in their conduct, character display, and spoken words in court, public and private places.
Justice Mojeed Adekunle Owoade JCA (rtd) gave the admonition while delivering a paper at the annual induction of the new SANs at the Idera Hall, Radisson Blu Anchorage Hotel Victoria Island in Lagos.
The topic was ”Understanding the Culture and Demands of Continuous Excellence at the Inner Bar; Court of Appeal Perspective”.
Justice Owoade charged the new SAN to always speak the truth regardless of the situation, stressing “it is only the truth that will guarantee them the trust of their client, court and the general public.”
The administrative Judge of the Federal High Court Lagos Division, Justice Ayokunle Olayinka Faji, while congratulating the newly appointed SANs, remarked that over 90 per cent of lawyers elevated to the new position of Senior Advocat deserve their elevation and there should be no dissenting voices.
Justice Faji further urged the senior lawyers to always be there for their colleagues, as this will go a long way to ensure that the culture of excellence associated with their new status is maintained
Mr Ademola Akinrele SAN, on his part, urged the new SANs to read widely and to prepare well for their matter in court, so that they are not found wanting in court.
He further admonish them to always be humble, respecting other lawyers and the court by not insisting that the court should listen to them first because they are SANs.
The host of this year’s induction programme and the Dean, Faculty of Law at Ajayi Crowther University, Prof. Olanrewaju Onadeko said that the theme for this year’s induction ”Legal Ethics and Professionalism in the Practice of Law” was carefully selected to deal with the present day realities facing the legal community in Nigeria.
He stated that the induction is aimed at reminding the new SANs of the challenges and responsibilities attached to their new office.
Justice Nicholas Oweibo of a Federal High Court, Lagos has issued a bench warrant against alleged two petroleum products marketers over their persistence failure to be in court.
The allegd petroleum products marketers whose bail were revoked and ordered to be arrested by the court are John Kwane Amissah and Jonathan Kumah Tetteh, who are Ghanaians.
The two men are being tried by the EFCC alongside a vessel, MT Queen Of Peace, a company, Mackter Fender Limited, alongside two Nigerians, Atolagbe Hakeem and Daniel Noan Oluwatunbi.
They are facing a three-count-charge of conspiracy, illegal dealing and unlawful storage of 130 Metric Tonnes of Low Pour Fuel Oil (LPFO) and 120 Metric Tonnes of Automotive Gas Oil (AGO).
At the resumed trial of the defendants, which was slated for the cross-examination of the prosecution witness, Mr. Ibrahim Muhammed Illo, an official of Nigerian Upstream Petroleum Regulatory Commission (NUPRC), recalled from annual vacation for the matter, but the two defendants and their lawyer were not in court.
Due to the absence of the two defendants, the prosecutor, Mrs. Buhari-Bala, urged the court to revoke their bail and issue a bench warrant against them.
“My Lord, the matter is adjourned for the cross-examination of the second prosecution witness (PW 2). The witness was outside the country but have to be recalled because of this matter.
“We apply that the case be foreclosed on them, that his evidence should be tendered. And that they have to pay for his ticket, as he is on leave and equally no longer working with the DPR.
“We apply for bench warrant against the defendants that are not in court. The vessel’s bail should also be revoked.”
Justice Oweibo after listening to the prosecution’s submissions held that: “I will take drastic decision on their bail by cancelling their bail.
“The bail of the vessel and the defendants who are not in court is hereby revoked. The matter is hereby adjourned to February 13, 2024.
The vessel, MT Queen of Peace and other defendants, said the EFCC, were alleged to have on November 9, 2017, conspired among themselves to illegally deal and store 130 metric tonnes of Low Pour Fuel Oil (LPFO) and 120 metric tonnes of Automotive Gas Oil (AGO) popularly called diesel.
The offences, according to the EFCC, are contrary to Section 3(6), 1(17) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria 2004 and punishable under Section 1(17) of the same Act. And Section 4 of the Petroleum Act, Cap P10, Laws of the Federation of Nigeria 2004.
A commercial and dispute resolution law firm, AELEX, has won the Law Firm of the Year – Nigeria at the 2023 Who’s Who Legal (WWL) Awards.
It is the only law firm in West Africa to win a WWL Firm of the Year Award this year.
The accolade adds to the firm’s record, making it the eighth time that AELEX has been honoured as the foremost legal entity in Nigeria by WWL in the 14 years of the award.
The initial recognition was bestowed upon the firm in 2009 during the award’s inaugural year.
The winners were announced on November 9 at a black-tie awards ceremony held at the Honourable Artillery Company in London.
The event brought together legal professionals and representatives from some of the world’s premier law firms and consulting establishments.
The awards ceremony, spanning 40 practice areas and encompassing over 75 countries, celebrate the accomplishments of law firms, legal practitioners, consulting firms, and consulting experts on a global scale over the past year.
Who’s Who Legal, hosted by Lexology, is renowned for spotlighting only the foremost practitioners in each field.
This distinction is based exclusively on an impartial and comprehensive research process, which includes feedback from private practitioners, clients, and sector experts.
Winners were selected based on various criteria, such as client and peer feedback, demonstrated excellence in their work, the breadth and depth of their practice areas, geographical reach, and the number of individuals recognised as WWL Thought Leaders.
Head of Research at WWL, Rupert Wilson, said: “This evening’s winners can take pride in the knowledge that it is endorsements by their peers and clients, who have seen their skills and capabilities first-hand, that was a major factor in their award wins.
“Over 300,000 individual recommendations were received by WWL in the past 12 months, from legal practitioners worldwide, with winners routinely receiving dozens of separate nominations from across the market.”
Maintaining its status as one of the preeminent law firms in West Africa, AELEX, with offices in Nigeria and Ghana, stands as a recognised leader in delivering legal services across various practice areas.
The firm is steadfast in its commitment to establishing a practice devoted to developing both local and international expertise, acquiring pertinent skills, and fostering competencies.
AELEX continues to exemplify excellence in the legal realm, securing its position as a trailblazer in the industry.
The Federal Judicial Service Commission (FJSC), in a race to fill gaping vacancies, last week nominated 11 Justices of the Court of Appeal for elevation to the Supreme Court. Again, the academia and the Bar were ignored. ROBERT EGBE profiles them.
The revelation last Thursday that the Federal Judicial Service Commission (FJSC) had nominated 22 justices of the Court of Appeal to the National Judicial Council (NJC) for elevation to the Supreme Court could not have come soon enough.
For two years, stakeholders had been raising the alarm about the dangers of a depleted apex court Bench.
At the commencement of the presidential election petition proceedings in March, the Supreme Court comprised just 13 justices, a number it had retained since August 2022. Following the retirement of Justice Amina Augie on September 3 this year and the death two months earlier of Justice Chima Nweze, this number dropped to 11 justices out of a possible constitutional ceiling of 21.
That number further dipped to an all-time low of 10 justices when the court’s second senior-most member, Justice Musa Dattijo Muhammad retired on October 27.
The 10 Justices are Chief Justice of Nigeria (CJN) Olukayode Ariwoola), Justices Kudirat Kekere-Ekun, Uwani Musa Abba Aji, John Inyang Okoro, Lawal Garba, Helen Ogunwumiju, Ibrahim Saulawa, Adamu Jauro, Tijjani Abubakar and Justice Emmanuel Agim.
The situation has puzzled many, because CJN Ariwoola, who heads both the FJSC and the NJC that are both responsible for the recommendation of suitably qualified persons to be appointed to the Supreme Court, often lamented the increasing workload caused by the shortage of hands-on the Bench.
“A single drop in the number of justices here brings about a sudden increase in our workload,” Justice Ariwoola said in Abuja, on September 22, at a valedictory ceremony of a retired Justice of the Supreme Court, Abdu Aboki.
Aborted process
There were 14 Justices on the roll of the Supreme Court in June 2022, when CJN Ariwoola was appointed. By the time he was confirmed byEx- President Mohammadu Buhari in September 2022, the number had decreased to 13 with the retirement of Justice Aboki.
However, before the CJN came into office, his predecessor Justice Tanko Muhammad had begun a process to appoint more Justices to the Supreme Court. In January 2022, he published notices requesting expressions of interest in Supreme Court vacancies, with the Nigerian Bar Association (NBA) complaining shortly after that its nominees were abandoned in the NJC’s shortlist.
In June 2023, one year after Justice Ariwoola was appointed CJN, the latest call for expression of interest was opened for the appointment of 10 Justices of the Supreme Court, with no reference made to the outcome of the process begun in 2022.
Delay in appointment of justices
The CJN and the apex court came even under more scrutiny when recently-retired and erstwhile NJC vice chairman, Justice Musa Dattijo Muhammad, alleged that the delay in filling the vacancies was deliberate.
“It is not in doubt that there has been sufficient time for suitable replacements to have been appointed,” Justice Muhammad said during his extraordinary valedictory session on October 27, this year.
“It is evident that the decision not to fill the vacancies in the court is deliberate. It is all about the absolute powers vested in the office of the Chief Justice of Nigeria (CJN) and the responsible exercise of same,” he alleged.
He also spoke of the lopsided composition of the Justices of the Supreme Court and the presidential election appeal panel that recently affirmed President Bola Tinubu’s election.
Currently, the Southeast region and Justice Muhammad’s Northcentral region, are not represented on the Supreme Court.
22 justices nominated
During Justice Muhammad’s valedictory session, CJN Ariwoola hinted that the Supreme Court would soon have its full complement of 21 justices, adding that he was desirous of fast-tracking the process of appointing 11 new Justices.
The nomination of 22 justices recommended to the NJC for elevation to the Supreme Court is thus expected to go a long way in assuaging some of the concerns of stakeholders.
According to the FJSC’s list, six of the nominees are from the Southeast geopolitical zone, six from Northcentral, and four from the Northwest while two nominees each are from the Southwest, Southsouth and Northeast respectively.
Their profiles
Justice Uwa
Justice Uwa was born on October 26, 1958. She is from Isiala Ngwa South Local Government Area (LGA) of Abia State.
She was called to the Nigerian Bar in 1983 and appointed a Justice of the Court of Appeal on July 18, 2006.
The young Uwa attended Araromi Primary School, Moloney, Lagos from 1965 to 1966, then Ereko Methodist School, Lagos in 1967. She transferred to St. Michael’s Primary School, Aba in 1968, Amachi Community School, Amachi Nsulu, Isiala Ngwa 1969 to 1970. She then moved abroad and joined Westlands Primary School, Nairobi, Kenya from 1971 to 1972, Alliance Girls High School, Kikuyu, Kenya from 1973 to 1978, the University of Nairobi, Kenya from 1979 to 1980 and the University of Buckingham, England from 1980 to 1982. She returned to Nigeria and enrolled at the Nigerian Law School from 1982 to 1983. 1983.
She was appointed to the Abia State High Court on November 4, 1998 and then to the Court of Appeal on July18, 2006.
Justice Ogbuinya
Justice Ogbuinya was born on June 16, 1965. He is from Ohaukwu LGA of Ebonyi State. He was called to the Nigerian Bar in 1989 and appointed a Justice of the Court of Appeal on November 30 2010.
He attended State Primary School, Oriaja, Ngbo from 1971 to 1976, Uga Boys’ Secondary School, Uga, Aguata L.G.A. Anambra State from 1976 to 1981 and University of Nigeria, Nsukka from 1984 to 1988 before enrolling at the Nigerian Law School, Lagos from 1988 to 1989.
He was appointed to the Ebonyi State High Court on May 21, 2002.
Justice Ogakwu
Justice Ogakwu was born on August 4, 1964. He is from Udi LGA of Enugu State. He was called to the Nigerian Bar in 1985 and appointed to the Appeal Court on March 24, 2014.
He attended W.T.C Practising School, Enugu from 1970 to 1974, Boys High School, Awkunanaw, Enugu (1974-1979), Institute of Management & Technology, Enugu (1979 -1980)
University of Nigeria (1980 -1984), Nigerian Law School, Lagos (1984-1985).
He was appointed to the High Court of the FCT on December17, 2003.
Justice Adumein
Justice Adumein was born on May 6, 1964. He is from Bayelsa State. He was called to the Nigerian Bar in 1985 and appointed to the Court of Appeal on July 16, 2010.
He attended the University of Hong Kong in 2004 for a Post Graduate Certificate in Corruption Studies, the Nigerian Law School (1984 -1985), University Of Lagos (1981 -1984), Federal Government College, Lagos (1978 – 1980), Awori-Ajeromi Grammar (1973 – 1978) and Local Authority School, Aiyetoro, Ajegunle, Apapa, Lagos (1970 -1973).
He was appointed to the Bayelsa State High Court in November 2001.
Justice Abiru
Justice Abiru was born on October 17, 1964. He is from Ikorodu LGA of Lagos State. He was called to the Nigerian Bar in 1985 and appointed to the Court of Appeal on November 5, 2012.
He attended the Nigerian Institute of Chartered Arbitrators Fellow (FCArb) in 2016, Chartered Institute of Arbitrators (UK) Member (MCIArb)2006, University of Ife, Ile-Ife, Osun State for his Master of Laws (LL.M) (1986-1987), the Nigerian Law School, Lagos, Nigeria (1984 -1985), University of Ife, Ile-Ife, Osun State, (LL. B) (1980-1984) and Baptist Academy, Obanikoro, Lagos, (1979 -1980).
He was appointed to the Lagos State High Court in May 2001.
Justice Adah
Justice Adah was born on July 30, 1957. He was appointed to the Court of Appeal on November 5, 2012. He hails from De-Kina in Kogi State. He was called to Bar in 1982.
A 1978 graduate of Ahmadu Bello University, Zaria, he was appointed to the Federal High Court on November 12, 1998 and was elevated to the Court of Appeal on November 5, 2012.
Justice Idris
Justice Idris was born on October 25, 1970. He was appointed to the Court of Appeal on June 22, 2018. He hails from Lavun in Niger State and was called to Bar in 1993.
A 1987 graduate of the Usmanu Dan Fodio University, Sokoto, he was appointed to the Federal High Court in January 2008, where he was assigned many high-profile corruption and commercial cases. He also once refused to force a reporter to disclose the source of a story and rejected a lawyer’s prayer to send the journalist to the dock, saying the media should be allowed to do their job.
Justice Sankey
Justice Sankey was born on January 16, 1959, in Jos South, Plateau State. He was called to the Bar in 1980 after graduating from the Ahmadu Bello University, Zaria, in 1976. He was appointed to the High Court of Plateau State on October 8, 1993, and was elevated to the Court of Appeal on June 8, 2006.
Justice Umar
Justice Umar was born on February 22, 1960. He is from Kebbi State. He was called to the Nigerian Bar in 1984 and appointed to the Court of Appeal on June 22, 2018.
He attended Mallam Salihu Primary School, Koko (1966-1968), Central Primary School, Birnin-Kebbi (1968 – 1973), Government Secondary School, Kamba (1973-1977), State College of Arts and Science, Sokoto (1977-1980)Ahmadu Bello University, Zaria (1980 -1983), Nigerian Law School, Lagos (1983 – 1984),
Institute of Advance Legal Studies, Lagos (1987), Royal Institute of Public Admin, London (1989) and University of Johannesburg, South Africa (2005).
He was appointed to the High Court of the FCT in 2003.
Justice Shuaibu
Justice Shuaibu was born on January 29, 1960. He is from Taura LGA of Jigawa State. He was called to the Nigerian Bar in 1985, joined the Federal High Court in 2002 and was appointed to the Court of Appeal on March 24, 2014.
He attended Law Enforcement Academy Roswell, USA (2013), Royal Institute of Administration London (1999), Nigerian Law School (1984- 1985), University of Sokoto (1978 – 1984), Government Secondary School, Gaya Kano State (1973-1978),
Taura Primary School, Jigawa (1966-1972).
Justice Tsammani
Justice Tsammani was born on November 23, 1959. He is from Tafawa Balewa LGA of Bauchi State. He was called to the Bar in 1983. Tsammani joined the High Court of Bauchi State on September 17, 1998 and was appointed to the Court of Appeal on July 16, 2010. He attended LEA. Primary School, Tafawa Balewa (1967-1973), Government Secondary School, Maiduguri (1973-1978), Ahmadu Bello University, Zaria (1978-1982), Nigerian Law School, Lagos (1982-1983), Institute of Advanced Legal Studies, University of Lagos (1991), Abubakar Tafawa Balewa University, Bauchi (1997-1998) and the University of Jos (2001-2003).
NJC overlooks lawyers
In 2017, following an invitation by the then CJN, Justice Walter Onnoghen, some accomplished lawyers were nominated by the NBA for appointment to the Supreme Court bench.
The NBA then led by Abubakar Mahmoud (SAN), forwarded the names of nine lawyers for appointment as Justices of the Supreme Court.
The nominees comprised well-respected advocates and academics in the legal profession.
The NBA’s nominees were former President of the NBA Olisa Agbakoba (SAN), Anthony Ikemefuna Idigbe (SAN), Yunus Ustas Usman (SAN), Babatunde Fagbohunlu (SAN), Miannaya Aja Essien (SAN), Awa Uma Kalu (SAN), Awalu Hamish Yadudu, Tajudeen Oladoja and Ayuba Giwa.
However, the attempt to have lawyers appointed to the Supreme Court bench did not succeed.
Several other attempts by the Bar have also failed.
In June this year, Nigerian Bar Association (NBA) President Yakubu Maikyau (SAN) urged interested and suitably qualified lawyers from the regions with openings on the Supreme Court bench to submit their expressions of interest to the NBA secretariat in Abuja.
Lawyers with at least 15 years of call to the Nigerian bar are eligible to be appointed directly from the bar to the Supreme Court bench.
But the NJC, as has been its practice for years, also ignored the list of nominees from the Bar.
President’s advice ignored
The NBA was not alone in the rejection.
Exercising its constitutional independence, the FJSC ignored an appeal, just four days earlier, by President Bola Tinubu for the appointment of qualified, experienced and diligent private legal practitioners to both the Appeal Court and the Supreme Court bench.
Tinubu, while addressing the opening session of the 2023 All Nigerian Judges Conference of the Superior Courts on November 13, reasoned that selecting qualified lawyers to fill the vacant seats on the bench of the two superior courts, is in the judiciary’s interest.
“I seize this opportunity to make one sentence on the appointment of private legal practitioners into our appellate courts.
“Considering the constitutional provisions in practice in other jurisdictions, I am of the strong view that to further strengthen our appellate court, qualified, experienced and diligent private legal practitioners should be considered for appointment to both the Appeal and Supreme Court, as the nation will benefit from this,” Tinubu argued.
‘Geographical spread is not enough’
One of the groups advocating the appointment of apex court justices from outside its traditional pool of judges is the Body of Senior Advocates of Nigeria (BOSAN)
Last June, BOSAN faulted CJN Ariwoola’s comments on the appointment process of judges to the appellate courts.
A SAN, who spoke on behalf of the group, Mr. Onomigbo Okpoko, said the “appointment process appears to have been designed and operated to exclude good and competent lawyers” from being appointed Justices of appellate courts.
In his view, the policy of geographical spread in public service appointments is “the foundation for mediocrity and incompetence.”
The body queried the rejection of the nominations of the NBA for appointment to the Supreme Court by former CJN Tanko Muhammad.
He said: “The appointment of appellate judges is not a promotional exercise” that excludes lawyers, adding that “the National Judicial Council ignores” the pool of lawyers from the Bar and academia but “prefers to appoint candidates (to the appellate courts) on the basis that they have served…as judges.”
Crisis of confidence
Criticism of the NJC’s appointment criteria comes against the backdrop of the loss of confidence in the judiciary, including the Supreme Court.
For instance, activist-lawyer and former NBA President, Dr. Olisa Agbakoba pulled no punches in his thoughts on the matter during a television programme in April monitored by The Nation.
Agbakoba said: “I have lost a bit of confidence in what the courts have been doing lately. There was a time when you could say oh, on the facts and the law, this is the likely outcome; today you cannot because there have been all kinds of silly decisions. The silliest was that concerning the (former) President of the Senate (Ahmed Lawan), who in order to become Nigeria’s president rushed off to buy the presidential ticket of the All Progressives Congress (APC) and that meant he did not take part in the senatorial.
“Lo and behold he lost; he now ran back after the horse had bolted. Clearly to anybody who has any brain which the Supreme Court justices might have had and they say no, the man actually should be the senatorial candidate. That is the most ridiculous decision that I have ever heard that the Supreme Court has delivered”.
“They (judgments) ought to be predictable, which is why people are beginning to question; there is a new school of thinking coming up to say ‘should the Supreme Court really be final?’ ‘You see what they are causing now? Should they be final or should their decisions be subject to parliamentary review?’ It is an argument that is now growing in judicial circles.”
The immediate past NBA President, Olumide Akpata also tackled the issue of problematic judicial appointments at the recently concluded International Bar Association (IBA) conference in Paris, France.
Akpata called for reform
Addressing the gathering, the former NBA president noted that Nigeria remains the largest black nation on earth, adding that the country is confronted with a major problem he termed, “judiciary capture.”
Drawing on his experience in office, Mr Akpata described the judiciary’s recruitment process as flawed.
“For a good judge to emerge out of that process is by fluke only; sheer luck with judicial appointments in Nigeria. It is ridiculous,” he said.
NBA presidents are statutory members of the NJC, which recruits and disciplines erring judges in Nigeria.
Without giving further details of his observations while being on the recruitment panel for judges, Akpata further described his findings as “bizarre.”
“Because the kind of people who show up as judges have no business being there.”
Akpata likened the situation to the judiciary being captured and urged the IBA to intervene.
“IBA being the global body of the legal profession has a role to play in dealing with what I call ‘the judiciary capture,’” he added.
Akpata’s reference to capture echoed a former chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu.
Odinkalu has often criticised heads of courts for appointing their children or spouses as judges.
He also described the situation as “judicial capture.”
Lagos State Government through the Joint Task Force on Implementation of the Executive Order on Safeguarding and Child Protection has commenced monitoring and assessment across the six Education Districts in the state.
The members of the Joint Task Force comprised top level representatives of the Office of Education Quality Assurance (OEQA), Ministry of Education, Ministry of Youth and Social Development, Lagos State Safety Commission, State Universal Basic Education Board, Child Protection Network and Lagos State Domestic and Sexual Violence Agency (DSVA).
According to the Executive Secretary of the Lagos State Domestic and Sexual Violence Agency, Mrs. Titilola Vivour-Adeniyi, the monitoring exercise which began on October 31 at the Lagos City College, Sabo-Yaba has so far engaged over 200 schools in Education Districts 4 and 5, whilst over 90 schools have been visited to ascertain and measure compliance in these districts.
On the spot assessments were conducted at the schools to confirm the practical implementation of the policy and identify strengths and areas for improvement.
While speaking at the engagement, representative of the Office of Education Quality Assurance, Mr. Kamaldeen Akodu elaborated on the need for schools to put precautionary measures in place to ensure a safe learning environment.
Similarly, representative of the Ministry of Youth and Social Development, Mr. Jubril Yakub informed school administrators of the essence of the exercise, highlighting the fact that it is not punitive in nature rather corrective. He further explained the reporting procedures to be adopted in schools.
Representative of the Lagos State Safety Commission, Mrs. Ajoke Oshokoya emphasised on the importance of having safety measures in schools.
According to her, certain security measures such as having security personnel, safety equipments, conducting safety training, well maintained facilities for a hazard free environment, are expected to be put in place to ensure the general well-being and security of students, staff and visitors.
It would be recalled that the State Government in December, 2016 ratified the Executive Order (NO.E0/AA08 of 2016) establishing the Safeguarding and Child Protection Policy. The policy is to be mandatorily adopted by all child centred institutions to ensure that the rights of children in their care are safeguarded and adequately protected even as clear cut protocols for handling reports and disclosures of abuse are clearly defined.
The ultimate aim of the monitoring exercise is to ascertain the level of adoption and implementation of the Executive Order across all Six Education Districts in Lagos State.
An engineer, Olufemi Fasehun, has petitioned the Inspector General of Police (IGP) over land grabbing involving the police and Egunaye family of Oregun, Ikeja, Lagos.
The petition sent to the IGP, through his lawyer, Otunba Remi Adeoye, accused some police officers who the petitioner claimed were being used by people wanting to take his land from him and thereby threatening his life.
Fasehun said he was appointed as the administrator of his father’s estate in 2003, and that he never imagined that some 15 to 20 years later, he would find himself in a position where he would be fighting against conspiring parties, not just for his land inheritance, but also for his life.
He said on January 10, 1961, his late father, Mr. Ebenezer Olawanle Fasehun, purchased a piece of land located at 10, Kudirat Abiola Way, Oregun, Ikeja, Lagos, from Egunaye family of Oregun with the sum of 100 pounds sterling.
Afterwards, he proceeded to register the title documents of the land, and a survey lodged with respect to the same land, was also registered alongside the doecument that same year.
Upon carrying out these due registration processes to legally lay claim to ownership of the land, Mr. Fasehun senior proceeded to build a house on his land, fenced it round, and lived there with his family from 1961 till his death in 2004.
“Before his death, however, he gave a power of attorney to his only male child, Engr. Femi Fasehun, to administer his estate-including the entire property located at 10, Kudirat Abiola Way, Oregun, Ikeja, Lagos.
“After the man’s death, a family case involving Engr. Olufemi Fasehun Late father’s concubine and her children arose from the management of the estate where the High Court of Lagos State partitioned his father’s estate amongst the beneficiaries and following the judgment of Hon. Justice Onyeabo delivered on 10th January, 2019, the ownership of the property was given to him.
“However, Since December 2021, a period during which he was outside the country, Engr. Olufemi Fasehun alleged that some people connived witth some baales (names withheld) and a leader of the All Progressive Congress in the state (names withheld) to forcefully and forcibly entered into the same property capitalising on the fact he was residing abroad at the time.
“Based on this occurrence, he engaged the services of private security men to protect his property from trespassers and also built security house for the convenience of the security men engaged to protect the property.
“Upon the completion of the security house and after having invested over N5 million to build the security house, the same parties listed above alongside others and with the help of armed thugs, went into his property in the same location and destroyed the gates, vandalised the fence, demolished buildings on the property, including the security house he had erected on the land.”
Following these disheartening developments, Engr. Fasehun was prompted to write petition to the Assistant Inspector General of Police at Zone 2, Cominand, Onikan, Lagos State in January 2022, through his Solicitor, Otunba Remi Adeoye complaining about the alleged criminal activities of these persons, but they failed and refused to honour all the invitations sent to them.
He said on February 11, 2023, the same faulting parties listed above in the company of several thugs, miscreants and hoodlums numbering close to 50 in number, allegedly forcefully broke into the same property again, demolished part of the fence on the building, removed the security wires on the fence, damaged the gate at the back of the building, and broke into the residential building inside the premises.
He said that the defendants, aided and abetted by three senior police from Alagbon Police command, locked up Mr. Fasehun’s property, which his family has held in occupation with buildings there on since 1961.
On the civil litigation, in a letter addressed to the Inspector General of Police, they submitted that the invitation by the police at the instance of the accused persons into this matter was sub-judice and amounted to collateral attack on the jurisdiction of the Court.
They also stated that a court order restraining the accused from trespassing on Mr. Fasehun’s property had been published in several newspapers, but the accused hoodwinked the innocent police officers to join them to disobey court order.
Some of Mr. Fasehun’s opponents have also laid claim to the land in the same location arguing that it belongs to their family by inheritance and that contrary to Mr. Fasehun’s claims, he has been caught up by limitation of time and his rights, real or imagined, have been extinguished.
According to them, some persons attempted to trespass on the land sometime in 2011, and acting as representatives of the family, they instituted an action against the trespassers in court.
The Court, according to them, ordered that the status quo be maintained , meaning that no development was to take place on the land until the Court decided otherwise.
They further added that before this attempted trespass, they had already fenced the land to demarcate it from the earlier sold part, but that Mr. Olufemi Fasehun broke into the land, and with the aid of weapons wielding military officers, he demolished their fence, removed their gate, built another fence with a new gate, and commenced other buildings within the land.
However, Otunba Remi Adeoye, the Solicitor to Engr. Olufemi Fasehun said that he already have the instructions of his client to commence an action against the policemen at Alagbon for assisting and encouraging the Land grabbers to enter into his land at No. 10, Kudirat Abiola way, Oregun, Ikeja, Lagos.
