The Nation Newspaper

Category: Law

  • CAC not empowered to register trade unions, court rules

    CAC not empowered to register trade unions, court rules

    Justice Nelson Ogbuanya of the National Industrial Court, Port-Harcourt Division, has held that the Corporate Affairs Commission (CAC) is not empowered by extant laws to register organisations with the aims and objectives of a trade union.

    He delivered judgment in a suit marked NICN/PHC/48/2022 filed by the Maritime Workers Union of Nigeria against a rival association, the Incorporated Trustees of Freight Forwarders Transport Association along with their trustees and the CAC.

    Justice Ogbuanya clarified that the registration of incorporated trustees falls in the category of organisations reserved for CAC under the Companies & Allied Matters Act.

    Registration of trade unions, he noted, is reserved for the Trade Union Registrar under the Trade Unions Act.

    The court held that neither the CAC nor the Trade Union Registrar can register an organisation that does not fall appropriately under its statutory mandate.

    The judge, therefore, held that the CAC does not have the legal power to accept and register an organisation as an incorporated trustee, which by its disclosed aims and objective, is a disguised trade union designed to carry out related activities, particularly conflicting with an existing trade union, as in the instant suit. 

    The Maritime Workers Union of Nigeria claimed that some of its members broke off to register another association with the CAC, which issued it a Certificate of Incorporation.

    The claimant said the association, whose aims and objectives conflict with the trade union activities of the Maritime Union, was used to carry out trade union activities such as demanding check-off dues and tickets at Onne Port and on the highways, among others.

    The union had earlier petitioned the CAC over the unlawful use of the new association to carry out trade union activities, but the CAC declined to intervene and advised them to go to court.

    The claimant filed the suit to challenge the activities of the Freight Forwarders Association, not being a registered trade union.

    But the defendants insisted that the association having been lawfully registered by the CAC, can carry out its aims and objectives despite the claimant’s complaints.

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    It asked the court to dismiss the suit, arguing that the court lacked the jurisdiction to entertain it.

    Justice Ogbuanya dismissed the objection on jurisdiction as grossly misconceived by counsel for the defendants.

    He distinguished the extant laws regulating the registration of trade unions and those of incorporated trustees, particularly the provisions of Sections 823(1)and 825(1)(b) CAMA 2020 dealing with membership, objectives and registration of incorporated trustees, and Section 45 of the Trade Union Act.

    The section stipulates: “CAMA shall not apply to any trade union, and registration of any such body under that Act shall be void”.

    The court noted that the membership of the defendant, which includes “truck drivers, truck owners or transport agents within Nigeria” and operating at the Nigerian ports, and its principal objectives, which in Article 3(b) of its Constitution is “to ensure at all times the preservation of rights, claims, benefits and obligations of all members of the association” portray it as a trade union.

    The court held the view that the association with such membership and aims & objectives ought not to have been accepted for registration by the CAC. 

    Justice Ogbuanya held: “I find that what has happened is that the CAC has aided the first defendant’s registration.

    “Armed with the Certificate of Incorporation of the first defendant, the second to ninth defendants and their members started operating as a trade union within the domains of the claimant union, which resulted in the clash with the members of the claimant union leading to the fracas at the Onne port, which was only quelled by police intervention, to restore peace and harmony.

    “This is an avoidable conflict if only the legal regime of operations of trade union was noted and complied with by the defendants.

    “Had the 10th defendant (CAC) adverted to this legal regime, it would have queried the said aims and objectives contained in the Constitution of the first defendant association when presented for registration, as such does not properly fall within the expected organisation to be registered under CAMA by the CAC.

    “Thus, it is my considered view that the first defendant association does not ordinarily qualify for registration as an Incorporated Trustee, in view of the combined provisions of Ss.823 (1) and S.825 (1) (b) CAMA 2020 on criteria for membership and scope of operation of Incorporated Trustees, coupled with its evidenced modus operandi indicating its activities conflicting with the operational area of the Claimant, a registered trade union. I so hold.”

    The court granted declaratory and injunctive reliefs for the claimant.

    Justice Ogbuanya added: “Accordingly, the claimant’s Reliefs (1) and (2) are hereby granted to the extent that it is hereby declared that the first – ninth defendants, not being a registered trade union under the Trade Unions Act LFN, cannot in law collect check-off dues or any dues whatsoever from the truck drivers or members of the claimant engaged by clearing and forwarding agencies to convey containerised goods and general cargoes from the ports including Onne Port, Rivers State to designated places within the Federation of Nigeria, or in any manner whatsoever perform the functions of a registered trade union.

    “It is hereby further declared that given the legal regime for registration and operation of organisation registerable under CAMA and the Trade Union Act, as stipulated under Sections 823 (1) and 825 (1) (b) CAMA and Section 45 of the Trade Union Act, the Certificate of Incorporation dated 17th January 2019 issued by the CAC for registration of the first defendant as an Incorporated Trustee does not in any manner whatsoever entitle the first defendant and its members to perform the duties and activities of the claimant trade union or any other trade union whatsoever. I so hold and declare.”

    The court awarded N10 million as general damages against the defendant for its members’ unlawful invasion of the claimant’s office, and N1 million cost in favour of the claimant.

  • ‘Why we support process in finding cause of Mohbad’s death’

    ‘Why we support process in finding cause of Mohbad’s death’

    • By Adebisi Onanuga and Araba Enifunnilanfe

    The legal team for TNkay Music Worldwide has said it will support the fact-finding process and provide legal expertise, where necessary, in determining the cause of death of the late Oladimeji Ilerioluwa a.k.a. Mohbad.

    The TNKay Music Worldwide is the organisation representing the entertainment community in the ongoing inquest on the death of Mohbad.

    The head of the legal team, David Nawoola, told a press conference in Ikorodu last week that their goal is to assist in bringing closure to the tragic chapter and ensure that Mohbad’s legacy is honoured in a respectful manner.

    The team, therefore, urged the public to have faith in the legal process and to allow the law to take its full course, adding: “we assure Nigerians that we are representing their interest adequately and share in the quest for justice.”

    Nawoola said the corona inquest, still on-going, is a crucial process aimed at uncovering the truth behind the circumstances leading to Mohbad’s demise.

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    “We recognise the significance of this investigation, not only for the entertainment industry but also for the entire Nigerian youth.

    “Our commitment is to ensure that justice is served and that all parties involved receive a fair and transparent evaluation”, he said

    The legal team noted that Nigerian youths played a significant role in shaping the nation’s entertainment industry and their concerns and feelings are of paramount importance to them.

    The media briefing had in attendance rights activist and  3rd Vice President of the Nigerian Bar Association (NBA), Mandy Damechi-Asagba and Abiodun Kolawole of African Women Lawyers Association (AWLA).

  • Court extends settlement time in Whitesand market case

    Court extends settlement time in Whitesand market case

    Lagos High Court sitting in Ikeja has extended the time for the Lagos Mainland Local Government to hold a reconciliation meeting and reach a settlement with the aggrieved traders from Whitesand Market, Otto, Oyingbo area of the state before the next adjourned date.

    Justice Akinkunmi Idowu, last Wednesday directed the parties to meet with each other and reach a settlement on the issues of demolition and reconstruction of the White Sand Market, Otto, or proceed with a trial of the matter.

    The respondents are the Lagos Mainland Local Government and the Attorney General and Lagos State Commissioner for Justice.

    During resumed sitting of the court,  counsel to the respondents, Tope Kolawole  told the court that they are yet to get feedback after they sent over their proposal of settlement to the claimants.

    Kolawole told the court that they gave their proposal of settlement “five or six weeks ago,” and after the last court date, they wrote the claimants through their counsel and also copied the court.

    He said, “The impression being given by the claimants is that they are not ready to settle.”

    He asked the court to permit them to move their motion of preliminary objection in light of the delay.

    However, the counsel representing the claimants, M. G. Quadri, told the court that the claimants were “very desirous of settling the matter.”

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    Quadri said the claimants are still consulting among themselves before they send a reply to the proposal of settlement by the defendants.

    He pleaded with the court to give the claimants “more time;” and called the attention of the court to the large number of the claimants.

    Responding, Kolawole told the court that the defendants cannot wait for the claimants to reach a consensus as the case has been stuck at the stage of “settling for more than two months.”

    In his decision on the matter, Justice Idowu said the court will not ascribe any special status to the claimants.

    The trial judge said that the court will give more time to the parties to reach a settlement or kick-off hearing on the matter.

    He asked Quadri to file his Case Management Conference forms at the registry before the next adjourned date.

    Justice Idowu adjourned the matter to November 20, 2023, for further proceedings.

    The claimants, represented by Serifat Abeke Thanni, Alhaji Garba Malami and Orji Uke Onuoha, approached the court over allegations that the Lagos Mainland Local Government is moving to take over the White Sand market and demolishing its structures under the guise of reconstructing the market.

    The claimants filed the suit marked LD/70789CM/2022 against the Lagos Mainland Local Government and the Attorney General and Lagos State Commissioner for Justice as first and second respondents.

  • Case for ditching 1999 Constitution

    Case for ditching 1999 Constitution

    The call for a “people’s” constitution to replace the one produced by the military in 1999 is not new.

    There have been demands for a constitution that will be a genuine product of “we the people”.

    Associated with such calls is the need for restructuring and devolution of powers.

    Recent constitutional amendments have addressed some of the power devolution demands, but the call for a new constitution persists.

    A former Commonwealth Secretary General, Chief Emeka Anyaoku, re-ignited it while delivering the 2023 Convocation Lecture of Afe Babalola University.

    He believes the only way to address Nigeria’s many challenges is through a new Constitution.

    Anyaoku said: “I call on the Presidency in consultation with the National Assembly, instead of continuing to tinker with the 1999 Constitution, to acknowledge the urgent necessity of a new Constitution to be made by the people of Nigeria.”

    He called for a constituent assembly to work out a new Constitution.

    Chief Afe Babalola (SAN) agreed with Anyaoku, saying: “Until we change the Constitution, there is no way we can achieve what we ought to achieve.”

    Does Nigeria need a new Constitution to address its challenges, and are the calls realistic, especially given the complicated nature of producing a new constitution?

    Anyaoku explained what the new constitution should entail.

    He said: “The essence of the new Constitution should, in recognition of the crucial principle of subsidiarity in every successful federation, involve devolution of powers from the central government to fewer and more viable federating units with strong provisions for inclusive governance at the centre and in the regions as was agreed by Nigeria’s founding fathers…

    “I believe that Nigeria is still salvageable. The country can still be restored to greater peace, greater security, a renewed sense of national unity, greater political stability, and a more assured pace of economic development.

    “To arrest the ongoing deterioration of the situation in the country and to achieve the desired transformation for the better, we need a system of government that not only addresses our diversity but is also based on a Constitution that can correctly be described as a Nigerian people’s Constitution.”

    He advised the Federal Government to “first, convene a national Constituent Assembly of directly elected people on a non-party basis representatives whose task would be to discuss and agree on a new Constitution, taking into account the 1963 and the 1999 Constitutions, as well as the recommendations of the 2014 national conference.”

    He added: “The management of the work of the Constituent Assembly should be entrusted to a six-member Steering Committee of equal individual powers (possibly the two co-chairmen, two vice-co-chairmen, two joint-secretaries) elected from each of the six geopolitical zones by members of the Assembly themselves.

    “The agreed draft Constitution should be put to a national referendum for adoption by a majority of the voters, after which it should be signed by the President.

    “In my view, the essence of the new Constitution should, in recognition of the crucial principle of subsidiarity in every successful federation, involve devolution of powers from the Central government to fewer and more viable federating units with strong provisions for inclusive governance at the Centre and in the Regions as was agreed by Nigeria’s founding fathers.”

    Chief Babalola, who condemned the state of affairs in Nigeria, noted that in the last 30 years, he had been calling for a new constitution that would address many problems inhibiting development.

    He urged President Bola Ahmed Tinubu to listen to the voice of wisdom and begin the process of a new constitution without further delay.

    He said the perception of politics as a lucrative business rather than a service is among the things the new constitution would address.

    “Until we change the constitution, there is no way we can achieve what we ought to achieve,” Aare Babalola said.

    Senior lawyers back call

    Eminent lawyers, including a former President of the Nigerian Bar Association (NBA), Dr Olisa Agbakoba (SAN); Chief Wale Taiwo (SAN), Godwin Omoaka (SAN), Wahab Shittu (SAN), George M. Oguntade (SAN), Chief Babatunde Fashanu (SAN) and Dr Fassy Yusuf weighed in on the issue.

    Dr Agbakoba aligned with the submission of Chief Anyaoku.

    He said: “Ayaoku is absolutely correct. Nigeria needs a new political arrangement in order to move forward and I trust President Tinubu is clear on this.”

    Omoaka agreed with the calls for a brand new constitution.

    He stressed that the 1999 Constitution was crafted by the military, not the Nigerian people.

    “Hence, it is fundamentally defective in many areas, leading to the perpetuation of injustice and inequality in the country,” he said.

    According to him, a new constitution, which will be the product of negotiation and consensus by the people, will address many of the ills threatening the existence of Nigeria as a corporate entity today.

    “I must hasten to add that such a constitution will not be the complete panacea to our many problems,” he said.

    Shittu believes that the current constitutional framework is inadequate for the complexities of Nigeria.

    One reason, he said, is that the country cannot claim to operate federalism when our Constitution is essentially unitary in orientation

    He noted that the options proposed by many include either a regig of the present constitution or a brand new constitution altogether.

    Shittu said: “My take is a return to a plebiscite or a referendum of the Nigerian people to answer two basic questions.

    “First, do we really want to live together as one united and indivisible people? If yes, under what terms?

    “The answer to these two questions will determine the nature of constitutional framework that will be suitable for Nigeria.”

    He said until this reality is faced, the polarisation of the polity will continue.

    “Current constitution can’t take us to the Promised Land,” Shittu added.

    Dr Yusuf said every patriot must subscribe to the fact that Nigeria needs a new constitution, a new structure and a new direction.

    He believes the current constitution foisted on Nigerians by the Abdusalam Abubakar junta is not capable of taking the country to the promised land.

    Yusuf said: “With the peculiarity of the Nigerian situation by now, we must realise that the Presidential system of government is not only wasteful, it is irrelevant to our society.

    “So, it is in our own interest to go back to the structure we were operating before the military intervention in January 1966.

    “We must in trying to do that, embark on developing a zero-based constitution that will take into consideration the peculiarities of our situation, the lessons we have learnt over the years 60 years so that every part of this country can develop at its own pace.

    “Power should not be concentrated at the centre. There must be devolution of power and at the end of the day, let us have a constitution that we can all be proud of and that will satisfy the yearnings of Nigerians, we deserve a new constitution.”

    ‘Faulty constitution must be changed’

    Chief Fashanu also agreed that the 1999 Constitution is faulty and must be changed.

    According to him, the 1999 Constitution is, on the face of it, a fake document because it has as its introduction: “We the people…do hereby make, enact and give to ourselves the following Constitution” when the constitution was not made by the people of Nigeria but by a few people in a military regime.

    According to him, this is the main reason the Fourth Republic is the worst by any measure in the annals of Nigerian history because something built on nothing cannot stand but crash.

    Fashanu said: “It is obvious that this fake contraption called the 1999 Constitution must be discarded for Nigeria to make progress.

    “But the recipe being prescribed by these two very honourable men presupposes the authentication of a National Assembly that evolved under this selfsame fake constitution to midwife a Constituent Assembly and a new constitution. Is the foundation of that new constitution not also faulty?

    “A Yoruba saying goes thus: ‘Amukun eru e wo, o ni oke le nwo…e o wo isale’. Literal translation: A shout out to a K-legged person carrying a load on his head that the load is bent, he replies back by saying you are focusing on the top alone and neglect the below meaning contextually that a faulty foundation brings about a faulty structure built on it.

    “What is then the answer to obtaining a new constitution? A revolution is the answer and it doesn’t have to be bloody.

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    “The 1999 Constitution and those who evolved officially under it must be swept aside and the several nations within Nigeria must get together under the watch and guidance of their notable leaders (maybe with the assistance of external bodies like ECOWAS, AU and the UN) and organise an election into a Constituent Assembly from which a new Constitution made by the Nigerian people themselves can evolve and a new Nigeria will be born.”

    For Oguntade, it is not debatable whether Nigeria needs a new constitution.

    He said: “It is indubitable that the current Constitution has now become an anachronistic relic that is creating more problems for the country daily. It is no longer fit for purpose if it ever was.

    “The Constituton requires an urgent review and wholesome replacement such that it will reflect the realities of today.

    “I am not talking about intermittent alterations of sections as is the current style and practice, but a fundamental replacement.

    “The making of a new and fresh Constitution reflective of the wishes of the majority of Nigerians is beyond the work of the current National Assembly.

    “It must be the product of a representative constitutional conference where all the entities that currently make up the country can frankly and honestly discuss very salient issues affecting them.

    “It is only after such a crucial and indispensable exercise has taken place that the National Assembly can commence the process of complete replacement. “

    Oguntade said the biggest problem with the current Constitution, which he said is universally acknowledged, is that it is not reflective of the true federalism that Nigeria claims to practice.

    The SAN added: “There is simply too much power concentrated in the centre thus rendering the constituting units impotent and ineffective.

    “There can be no true federalism without fiscal federalism as generally understood. It is an aberration.

    “A look at the matters contained on the Exclusive, Concurrent and Residual Lists of the current Constitution will provide testimony to the fact of over-concentration of power in the centre.

    “Many states today are not viable and would have been declared bankrupt and liquidated if they were trading concerns.

    “On the other hand, because the centre is so powerful, particularly financially, the fight to control it is now tearing the country apart. It has created an existential threat that worsens daily.

    “The President and Commander in Chief who has sworn an Oath to protect and defend the country needs to take the bull by the horns, put politics and personal threats aside, and without delay, set in motion the process of convening a National Constitutional Conference.

    “Failure to act will in my humble view constitute an abdication of leadership responsibilities and may be tantamount to a brazen breach of the Presidential Oath.

    “I am sure our President understands these challenges more than anyone else, given the role he has played to date in the development of this country. I am hopeful and expectant that he will act in due course.”

    Agabi: nothing wrong with 1999 Constitution

    Some believe a new Constitution is not necessary.

    One of them is former Attorney-General and Minister of Justice, Kanu Agabi (SAN).

    To him, there is nothing wrong with the 1999 Constitution.                                          

     Speaking at an event by the Forum of Former Deputy Governors of Nigeria (FFDGN), he called for a national integration commission.

    Agabi argued: “There are some of us who feel that the Constitution is an invalid document, it is illegitimate, and that it is a product of the military. That is a wrong position. We have a constitution and must observe it.

    “However good the constitution is, it is not a self-enforcing document; it requires good people to enforce it.

    “It is not intended to be a perfect document. The nation must begin to respect the constitution.We should have a National Integration Commission. Once a nation adopts a presidential system of government, unity is no longer optional.

    “I appeal to the Federal Government to come to terms with people who dissent this administration. We have hope; we shall get there”.

    Chief Taiwo noted that the call for a new constitution has become a sort of ritual for restructuring and comes up with a change of government or transition.

    He asked: “What are the challenges we have identified and attributable to the extant Constitution? What are the causes of those challenges? Do they truly stem from the Constitution?

    “Can the Constitution be amended to correct and set right those challenges? If an amendment will not be a solution, how can we bring about a new Constitution?”

    To him, a Constitution is only as good and effective as its operators.

    Taking the argument further, he added: “Chapter II reinforces the generally held belief that sovereignty belongs to the people of Nigeria (section 14(2)(a)). Will a new constitution espouse different fundamental objectives and directive principles of state policy?

    “The answer is definitely in the negative. As I alluded to above, the constitution is only as good as its operators.

    “To give you an insight, take a look at the current set-up of the Supreme Court of Nigeria, the apex of the third organ of government.

    “The constitution, section 230, fixes the number of Justices of the Supreme Court at 21, but we have just 10 justices presently. Is that the fault of the constitution itself or its operators?

    “Did the number of justices reduce to the current unacceptable number by accident? Isn’t there a laid down process for filling vacancies? Why have we failed to abide?

    “We may go through the constitution and probe inadequacies especially as to the governance structure like the current underutilisation of the local government administration system, but the problems are not worth ditching the current constitution for another.”

    Taiwo believes the current constitution should be retained even though further amendments or alterations may help invigorate the ideals which we seek for our country.

  • Lessons from Justice Idigbe’s legacies, by Fashola

    Lessons from Justice Idigbe’s legacies, by Fashola

    Nigerians can learn from the legacies of the late Supreme Court Justice, Justice Chukwuweike Idigbe, immediate-past Minister of Works and Housing, Babatunde Raji Fashola (SAN), has said.

    He believes the late Idigbe is still revered due to his service and sense of duty to Nigeria and his fellow citizens.

    The former Lagos State Governor delivered the 19th Justice Idigbe Memorial Lecture at the University of Benin (UNIBEN) Auditorium. Its theme was: “Duty and citizenship – the social contract.”

    Fashola said he chose the topic because the late jurist was a dutiful citizen and a worthy patriot.

    There has been a flurry of events throughout the year to mark the centenary of the late Justice Idigbe.

    Justice Idigbe was a distinguished jurist who practised law all over West Africa from Warri from 1947 to 1961 and served as a judge in the then Eastern Region of Nigeria High Court and Chief Justice of the Midwest Region of Nigeria.

    The former Supreme Court Justice passed away on July 31, 1883, a few days short of his 60th birthday, but left a legacy of outstanding contributions to law and jurisprudence.

    Highlighting some of Idigbe’s decisions, Fashola noted that his judgments, like those of his contemporaries – the Oputas, the Esos and others – were scholarly and full of meaning.

    According to him, Nigerians, like the late Idigbe, can give their best to the country in different ways in fulfilment of social contract.

    These include defending the country, rendering such national service as may be required, respecting the dignity, rights and legitimate interests of others, and living in unity and harmony, in the spirit of common brotherhood.

    Others are making useful contributions to the advancement, progress and well-being of the community where one resides; assisting lawful agencies in the maintenance of law and order; declaring one’s income honestly and paying one’s tax promptly.

    According to Fashola, some citizens demarket the country through cynical remarks.

    The SAN explained: “The point I make is that we can be angry with our government and with representatives of government.

    “We can condemn them in the strongest words. After all, that is a right to expression subject to the limits of the law of defamation.

    “However, our disagreements, discontent or displeasure with the government is no reason to scandalise Nigeria.

    “Nigeria has not offended us; let me accept that our governments and officeholders may have more to do to make us happy. But no person who seeks greatness throws stones at their home.

    “Some of the grievances have been expressed in words so the effect that Nigeria is not a nation. While I respect the rights of those who hold that view, I hold a different view.

    “My view is that perhaps we conflate nationhood with the idea of a country. Nigeria has many nations that perhaps need to be forged into a country.

    “Those nationalities are ethnic as they are tribal or religious as we have in other countries we usually site as examples.

    “They are matters of identity rather than idea or dream.”

    To him, unless Nigerians begin to own and amplify their stories instead of those of other countries that are even smaller than some of the states in the country, “we will be failing in our duties to enhance the power, prestige and good name of Nigeria.”

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    He said the constitution demands of citizens to usefully contribute to the well-being of their community.

    “The same way that poverty, disease and squalor can be propagated from within a community, so can prosperity, wellness and cleanliness can be created from communities,” Fashola said.

    UNIBEN Vice-chancellor, Prof. Lilian Salami, commended the law faculty for organising the memorial lecture, which she said was insightful.

    Represented by the Deputy Vice-Chancellor (DVC), Ekheuan Campus, Prof. Buniyamin Ayinde, the VC said the late Justice Idigbe contributed immensely to society and the legal profession.

    He said: “I appreciate the contributions of Justice Idigbe to the law profession which we are celebrating today.

    “He deserved to be celebrated because he was a man of honour who stands tall irrespective that he was no more with us today.”

    Prof Salami appreciated Fasola for being a good ambassador of the institution.

    Speaking on behalf of the Idigbe family, the immediate past Minister of State for Budget and Planning, Mr. Clem Agba, thanked the organisers for keeping the lecture series alive.

    He said the late Justice Idigbe was not just a quintessential jurist but a fearless advocate of the rule of law who gave the best interpretation in various human endeavours.

    “Just Idigbe had the unique opportunity of traversing the legal profession like a colossus.

    “He was not just a jurist per excellence but an advocate for equity, justice and fair application of the rule of law.

    “He was renowned for his first-class landmark judgement which has continued to shape the legal landscape of Nigeria to this day.

    “I, therefore, commend the organisers of the lecture which we are celebrating today because Justice Idigbe left a legacy which the people admire,” Agba said.

    The former minister of state said by striving to do good and make a positive impact in the lives of others, citizens can also leave a legacy that would be cherished as Idigbe did.

    He stressed that even a small act of kindness rendered to one’s community can have a significant and lasting impact.

  • Court grants order of mandamus over electricity tariff reversal

    Court grants order of mandamus over electricity tariff reversal

    Justice Peter Lifu of the Federal High Court in Lagos has granted the prayers of the Incorporated Trustees of Socio-Economic Rights and Accountability Project (SERAP) against the President Bola Ahmed Tinubu.

    President Tinubu is the first respondent in the suit numbered FHC/L/CS/99/2023.

    The second, third and fourth respondents are the Attorney- General of the Federation; Nigerian Electricity Regulatory Commission and Nigeria Bulk Electricity Trading Plc respectively.

    In a motion ex-parte dated and filed on March 8, the applicant sought leave to enable it seek an order of mandamus compelling the President of the Federal Republic of Nigeria (1st Respondent) to act on the prayers sought.

    The judge after hearing A.Y. Aremo Esq., counsel to the applicant move the terms of the motion and having carefully considered the application and submission of counsel, ordered as follows:

    “Upon reading through the said motion, its supporting affidavit of 29 paragraphs and seven paragraphs verifying affidavit, deposed to by Adewale Akinyemi, a Nigerian, male, Christian and litigation assistant of 2B Oyetola Street, off Ajanaku Street, off Salvation Bus Stop, Opebi, Ikeja Lagos, with exhibits marked A1 – A9 attached thereto and written address signed by Adelanke Aremo, Esq., counsel to the applicant all filled at the Federal High Court Registry, Ikoyi Lagos on March 8,2023.

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    “That leave is hereby granted to the applicant to enable the applicant seek an order of mandamus compelling the 1st Respondent to do the following:

    To direct the Minister of Power and the Chairman/CEO, Nigerian Electricity Regulatory Commission to immediately reverse the unlawful, unjust and unreasonable increase in electricity tariff which reportedly occurred in December 2022.

    To direct the Attorney-General of the Federation and Minister of Justice and appropriate anti-corruption agencies to promptly and thoroughly investigate the spending of public funds as investments and bailouts by successive governments to electricity distribution companies (DisCos) and generating companies (GenCos) since 2005.

    To ensure the prosecution, as appropriate of anyone suspected to be responsible for misappropriation of investments and bailouts in the power sector, if there is sufficient admissible evidence, and any missing public funds should be traced and fully recovered.

    ” That leave is hereby granted to the applicant to enable the applicant seek an order of mandamus compelling the third Respondent to immediately reverse the unlawful, unjust and unreasonable increase in electricity tariff, which reportedly occurred in December 2022.

    “That the name Mr Abubakar Malami (SAN) is hereby deleted from prayer 1(b), line 2 as prayed.”

     Justice Lifu adjourned  the matter to November 8, 2023 for further proceedings.

  • Capital market solicitors get new executive committee members

    Capital market solicitors get new executive committee members

    The Capital Market Solicitors Association (CMSA) has elected new executive committee members to run its affairs.

    The election was held during its 22nd Annual General Meeting in Lagos. 

    The AGM brought together the trustees, executive committee and member firms of the CMSA.

    The outgoing Chairman, Mr. Chike Obianwu, gave his report on the activities of CMSA within the year.

    He said the association continued to look after the interest of lawyers in the capital market space, promoting awareness as regards rules and regulations.

    It engaged in continuous legal education activities through various training sessions and organised a successful business summit.

    Mr Odiaka Iweze, a partner at Pentagon Partners Legal Practitioners, emerged unopposed as the ninth Chairman.

    A former Secretary and Immediate past Vice Chairman, Iweze took over from Mr. Obianwu of Templars.

    Other elected members are Simisola Eyisanmi of Duale, Ovie & Alex-Adedipe (Vice-Chairperson), Mabel Okereke of Babalakin & Co. (Secretary) and Comfort Agboola of Olaniwun Ajayi LP (Assistant Secretary).

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    Others are Temidayo Ajayi Bello of Detail Commercial Solicitors (Financial Secretary); Ekundayo Onajobi of Udo Udoma & Bello Osagie (Treasurer), Victoria Ezekiel Anuri of Templars (Publicity Secretary) and Isioma Idigbe of Punuka Attorneys and Solicitors as Social (Welfare Secretary).

    Aside from the positions of the Vice Chairman and Secretary, which were keenly contested at the AGM, other positions were unopposed.

    Iweze, in his acceptance speech, promised to serve with integrity, passion and relentless pursuit of excellence.

    He assured CMSA members that he was ready to take on the challenges, embrace the opportunities, and lead the association with integrity, passion, and a relentless pursuit of excellence.

    Iweze was excited about the calibre of people who make up the Board of Trustees (BoT) ably led by Chief Anthony Idigbe (SAN) and comprising industry veterans.

    He said the new executive committee would not shy away from seeking their guidance and advice.

    The election was conducted by CMSA trustees led by Mr. Zik C. Obi III.

  • ‘How to achieve effective police reforms’

    ‘How to achieve effective police reforms’

    A group, Crime Victims Foundation of Nigeria (CRIVIFON), has said that police reform in Nigeria will require sustained effort, collaboration, and a comprehensive approach.

     The Executive Director of the foundation, Mrs Gloria Egbuji, stated this in a statement issued in Lagos following last Thursday’s setting up of a special committee on Police Reform within the framework of the 1999 Constitution, as amended.

    The foundation which has been at the forefront of Police training and reformation, noted that achieving police reform in Nigeria, where corruption is widespread and the police are influenced by the executive branch, is a complex issue.

    She, therefore, suggested a 10-prong approach to achieving effective reform within the police force.

    The activist advised on the use of technology to enhance transparency and accountability, such as body-worn cameras and public reporting mechanisms for police actions.

    The constitutional committee was urged to implement measures to hold police officers accountable for their actions, including establishing an independent oversight body to investigate misconduct.

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    She stressed the need to engage members of the civil society organisations and the public in the reform process to ensure it is driven by the needs and concerns of the people.

    The group emphasised the need to review and amend existing laws and regulations to align with international human rights standards, ensuring that police powers are clearly defined and limited.

    It also emphasised the implementation of anti-corruption strategies within the police force, including improved salaries and benefits to reduce the incentive for corrupt practices.

    The group also pushed for the promotion of community policing initiatives to build trust and cooperation between the police and the communities they serve.

    It urged for investment in proper training and education for police officers to promote professionalism, ethical conduct, and respect for human rights.

    CRIVIFON advocated for political will and commitment at the highest levels of government to support and sustain reform efforts.

    It also emphasised the need to seek assistance and guidance from international organisations and partners with experience in police reform and institution building.

    It also stated that deliberate efforts must be made to raise public awareness about the need for police reform and mobilise public support for change.

  • Don seeks protection of rights

    Don seeks protection of rights

    A Senior Lecturer in the Faculty of Law, University of Lagos (UNILAG), Dr Olubunmi Afinowi, has said Nigerians’ right to privacy as guaranteed by the 1999 Constitution must be enforced.

    She spoke at a workshop and interactive session organised by the  Socio-Economic Rights and Accountability Project (SERAP) on promoting citizens’ access to information, data, and digital rights in Nigeria.

    Dr Afinowi argued that lawyers and journalists have a role to play in ensuring that the privacy and the protection of the rights of Nigerians are protected.

    She said  that there is a need for proper governance and regulation of the digital space.

    According to her, personal  information could only be made available to law enforcement agencies on the clear order of a court of competent record.

    Dr Afinowi: “There is no law under defamation that allows media practitioners or anyone to destroy the reputation of a public figure.”

    She advised  journalists to desist from the spread of fake news, adding that anyone, whose fundamental rights have been violated, is at liberty to approach the court for redress.

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    Dr Afinowi, while further stressing the imperative for participants to know whenever their rights are infringed upon in the digital space, stated that the beauty of the law is that its interpretation could be expanded.

    According to Dr Afinowi, “Section 39 of the 1999 constitution (as amended) gives you the right to opinion, speech, and access to information, among others.

    “Sensitive documents must not be released except if such is in the public interest or the interest of the owner of such documents.

    “At any point that your data is to be released, you must be informed about the purpose for which it is to be made public, and your consent must be obtained before such an action is taken.

    “You have the right to complain to regulatory agencies concerning the mode in which your data is being collected.”

    Dr Afinowi, further told the participants that, “Anything that had to do with violence, abuse against children should not be shared with the public. Information concerning children should be kept confidential.

  • Arbitrators to unlock Africa’s dispute resolution potential

    Arbitrators to unlock Africa’s dispute resolution potential

    Arbitrators will seek to unlock Africa’s latent dispute resolution potential at the 2023 Nigerian Institute of Chartered Arbitrators (NICArb) Annual Arbitrators Conference to be held at the Abuja Continental Hotel (formerly Sheraton Hotel Abuja) from November 15 to 17.

    Some parts of the continent, including Nigeria, are yet to fully sell their arbitration credentials, meaning some firms often parefer to settle their local disputes in arbitration panels abroad, with its attendant negative consequences for the growth of the sector back home.

    NICArb’s Registrar/CEO  Mrs. Shola Oshodi-John said in a statement that these and more will be tackled at the conference with the theme “Repositioning Arbitration and ADR Practice in Africa – Unlocking the Continent’s Dispute Resolution Potential.”

    Oshodi-John said the conference will “meticulously dissect the intricate interplay between mediation, arbitration and their impact on peace, security, and sustainable growth.

    “It will deliberate on how effective alternative dispute resolution can address grievances, defuse tensions, and maintain stability within nations and regions.

    “The event will reveal the nuances of integrating these practices into the African socio-political fabric by providing a platform for experts, scholars, and practitioners to exchange insights.”

    She noted that the event will bring together legal and other professionals, arbitrators, mediators, academics, and industry experts from around Africa.

    The conference will address issues on “Cross-border Practice of Arbitration and ADR within the African Continent and Beyond, Commercial and Investor-State Arbitration in Nigeria, Managing Bias in Arbitral Processes, Emerging Trends in Arbitration and ADR in the USA & UAE.”

    Other issues include “Carving a niche within the Arbitration & ADR Space, Arbitration Clauses, Enforcement and Recognition Challenges, Peace, Security and Sustainable Growth in Africa, Arbitrating Construction Disputes in Nigeria, Technology and Arbitration and the Place of Traditional Arbitration/ADR in the Nigerian Justice Delivery System.”

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    According to the Registrar/CEO, one novel area the conference will explore is the possible deployment of traditional arbitration in the justice delivery system in Africa and Nigeria in particular.

    The list of confirmed speakers, she said, includes Dr. Olisa Agbakoba (SAN); President of Common Court of Justice and Arbitration (OHADA) Justice Esther Moutngui Ikoue; Mary Walker, OAM, Chair of the Law Council of Australia International Law Section, Co-Chair of the International Dispute Resolution Committee and Chair of the Federal Dispute Resolution Section ADR Committee; Justice Sam Rugege, former Chief Justice and President of the Supreme Court of Rwanda; Olowo of Owo Oba Ajibade Ogunoye III; The Amanayabo of Twon-Brass King Alfred Diette-Spiff; Colin Rule, CEO of Mediate.com and Arbitrate.com; and the President, & Chairman of the Governing Council Professor Fabian Ajogwu (SAN), the Chief Host of the event.

    Mrs. Shola Oshodi-John noted that this year, NICArb will be devoting the first day of its conference to hosting sessions with subthemes that are centered around young and upcoming arbitrators to promote and encourage their involvement in the practice of arbitration/ADR, given their pivotal position as the next generation to ensure a smooth transition and broader acceptance of arbitration and ADR practice amongst professionals.

    She further disclosed that the conference is open to both physical and virtual attendees and called on intending participants to visit the Institute’s website: https://www.nicarb.org for more details and to register at https://bit.ly/nicarb2023ac