The Nation Newspaper

Category: Law

  • ‘I studied law to become voice off the voiceless’

    ‘I studied law to become voice off the voiceless’

    My name is Akponome Faith Oghenetejiri, I am a lawyer and a certified arbitrator. I hail from Ethiope West Local Government Area (LGA) of Delta State. I am a graduate of Delta State University (DELSU), where I got my LL.B and thereafter proceeded to the Nigerian Law School (Kano campus) where I obtained my B.L.

    After Law School, I relocated to Abuja for my National Youth Service (NYSC) where I worked in the legal department of the Universal Basic Education Commission (UBEC), a government parastatal in charge of basic education in Nigeria. With the knowledge and experience acquired, I ventured into private practice rendering legal services to sole proprietors, startups, and incorporations.

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    I currently work as a Police Duty Solicitor for The Centre for Penal and Justice Development (CPJD). My job as a Police Duty Solicitor is to offer legal aid to suspects in custody, ensure observation of the rule of law at the station, esure compliance with the Administration of Criminal Justice Act (ACJA) 2015, and secure every other constitutional right of suspects or detainees in the station assigned. I have been practising for three years.

    I am calm and hardworking, I always want to solve problems when they arise be it mine or that of other people, whether spiritual or physical. I believe I am a born leader.

    Other things apart from Law

    During my school days, I traded but for now no, I do not. I love reading, cafe hopping, and visiting art galleries.

    Family

    I come from a polygamous family. I’m the seventh child of 12 children from my dad and the first of five children from my mum. My mum is a civil servant and currently heads a school. She has a degree in Economics. My dad was a prominent chief in my town; I’ll call him a jack of all trades. He was a strong politician, contractor, and farmer. Before his demise in 2016, he was the Community Liaison Officer (CLO) of Prudent Energy Services (Oghara branch). He was a very hardworking man. I am the first and only lawyer in my family both extended and nuclear.

    Law journey, memorable experience

    I would say bar finals, what with the COVID-19 pandemic and the online classes, was really difficult. I cried several times trying to understand Corporate Law during the lockdown. On the exam week, my friends and I had just two or three hours of sleep daily and it wasn’t on our beds.

    Studying Law didn’t come easy for me. In 2011, I gained admission for a Diploma in Law programme at DELSU. The six months strike extended my programme but I was able to graduate after the strike. After I completed my diploma, I gained admission to study Philosophy and spent a year studying it. However, I was determined to become a lawyer, so I took the exams again and finally gained admission to study Law in 2015.

    Reason for choice of law

    I have always had a passion for human rights since I was little, most especially the protection of women and children due to the environment I grew up in, an environment with little protection for women and children on issues of violence. I had always known I wanted to be the voice for the voiceless.

    High, low moments studying Law

    My lowest moment was in 2015 when I lost my dad to a car crash two days after my matriculation. My joy of matriculation was short-lived and a few months later I lost my aunt with whom I had spent the just concluded holidays. My father’s death resulted in the financial challenges I had. My high moments were the days I graduated from the university, the preparations for the call to bar, and the call to bar day; those feelings were immeasurable.

    Overcoming challenges

    I had financial challenges during my undergraduate days and I overcame them by selling thrift clothes to students. I also had the challenge of time; I barely had time for myself. I attended lots of meetings, organised lots of programmes, solved challenges students faced, and sometimes visited sick or new students just to make sure they were okay. I was able to manage this challenge by delegating tasks.

    Combining business with studies

    Business was very profitable, I did my business during the holidays and, on resumption, I bought a lot to take to school so I wouldn’t have to travel till the end of the semester. Within the first two weeks, I would have sold about 80-90 per cent of the clothes I brought because I accept payment by installment.

    Formula for Law School success

    My formula for scaling through Law School was setting tasks and trying my best to meet up. I also encouraged myself always.

    Impact of extracurricular activities in school

    I engaged in community services such as cleaning and providing different items to students and members of the community. In my third year, I was made the head of my campus fellowship, which made me a representative of the Christian Campus Fellowship (CCF) – the body in charge of all campus fellowships in the university. This placed me in a position of working with the school management for the welfare of the students and in my fourth year, I was made the Vice President of CCF, placing more responsibilities on me. I worked closely with the Dean of Students on several issues, one of which was ensuring all new students were well prepared for their screening process and providing them with temporary accommodation until they were able to get permanent accommodation. I also hosted the school’s quarterly prayers where the provost, Dean of faculty, lecturers, non-teaching staff, and students were all in attendance.

    I was also a member of the 2017 Law Students’ Association of Nigeria (LAWSAN) dinner committee, working closely with the LAWSAN vice president to ensure the success of the annual dinner.

    Perception that law students or lawyers are boring

    Lawyers or law students are not boring.

    Call to bar

    I and my family were elated on my call to the bar . I cried that day because it had been a long journey and I saw it through. Although not all my family members could make it due to the distance, we held a little party with my uncle and his family, thereafter I went for a buffet dinner hosted by the wife of the past Governor of Delta State, Mrs Roli Uduaghan for my best friend Ziem and her friends, it was a euphoric atmosphere.

    Law school grading system

    I think the grading system is flawed, it’s not a true test of knowledge. Please they should use the university grading system. It’s not fair to grade someone with the lowest score after all the stress the student has gone through. As I said earlier, it’s not a true test of knowledge.

    Calls for scrapping wig/gown

    I think it should be scrapped; there’s no need for that in this day and age. Under this Nigerian hot sun where some courts don’t even have working fans let alone air conditioners, you’ll see lawyers sweating profusely. Lots of countries with hot climates have stopped using it, so why can’t Nigeria stop?

    Marrying a lawyer?

    It’s not my first choice but I can marry a lawyer.

    SAN, Professor, or Judge?

    I don’t think I want to be either of those.

    Thoughts on exodus of lawyers from the profession/country

    Well, I can’t blame them, it’s a pity though but I believe they want a society where their skills will be valued, where they will get the value for their skills. It’s not easy to be a lawyer; it takes years of sacrifice and it’s sad when those sacrifices yield nothing. I don’t want to relocate permanently, I want to be shuffling Nigeria and whatever other country I find myself in.

    Law practice experience

    My first experience was during my youth service since I had to trade on holidays during my undergraduate days and scrap externship due to Covid. It was very difficult at first, as expected, I made lots of mistakes but my boss was a very calm woman so she always corrected me and with time, I caught up.

    Low pay

    The salary of young lawyers is appalling, and this is done under the guise of your gaining experience. I wasn’t paid well from the beginning which was why I started my private practice in corporate and property law ( which I still do). Employers should stop devaluing young lawyers and pay them more; this issue should be tabled at the Annual Conference. I know some private firms pay as low as 30-50k (monthly salary). For that of the public sector, as a lawyer, you may most probably start from level 8 or 10 and your salary may be 100k and above.

    First salary compared to effort in law school

    I’m sorry I can’t disclose the amount. My first salary was when I was serving; it wasn’t much. I felt indifferent when I received it. I was indifferent about it, so I didn’t have that thought. I also already knew the amount they paid and there were other monetary benefits.

    Advice for new wigs

    Well, lawyers can work anywhere. We can freelance too so that’s the advantage.

    Do law faculties/schools provide sufficient career guidance for lawyers coming into the legal profession?

    Not during my undergraduate days. I think that’s the purpose of the three-month externship. The externship during Law School serves that purpose.

    The future

    I plan to have an NGO that focuses on domestic and gender-based violence in Nigeria and hopefully collaborate with the United Nations someday.

  • Justice Somolu dies at 85

    Justice Somolu dies at 85

    A retired judge of the Court of Appeal, Justice Olukayode Olumuyiwa Somolu is dead.

    He died on Saturday, August 26, at the age of 85. A source in Ogun State judiciary said he died in Akure

    His death was confirmed by the National President, Ijebu Ode Grammar School, Old Boys Association (JOGSOBA), Otunba Kunle Bolujoko on the platform of the old boys of the school. Otunba Bolujoko wrote: “The Hon. Mr Justice Olukayode Olumuyiwa Somolu, KJW, passes on at 85years this day,  August 26, 2023. May he rest in peace. Amen.  I just received the above news..,”

    Justice Somolu joined Ogun State Judiciary as a judge of the State High Court January 1, 1979. While on the bench, he served as acting  Chief Judge between  June 2 , 2000 and November 13, 2001. Following his retirement from Ogun State Judiciary, he was appointed a Justice of the Court of Appeal until his retirement from the judiciary in 2003 on attainment of the mandatory 65 years.

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    Until his death, Justice Somolu  was a member of JOGS 53/57 Set and  member of JOGSOBA Board of Trustees. The late justice Somolu was born on  July 6, 1938 at Abeokuta, Ogun State.

    He attended  Central School, Onitsha, 1942-45; Ago-Ijaiye Methodist School, Ebute-Metta, 1946-52; Ijebu-Ode Grammar School, 1953-57; City of West Minister College, London, 1958-60; Holborn College of Laws, London, 1960-62; London School of Economics, University of London, 1962-64; Grays Inn, London, 1961-64.

    He obtained  GCE ‘O’ Level  in 7 subjects; GCE ‘A’ Levels in 3 subjects – Bar finals – Inns of Court; LL.B. Part 1 finals.

    He was called to the English Bar, 1965 and admitted to practice in Nigeria in January 1965 with Careen Practice Lawn Ademole Olatawura, – 1965-70; Olatawura & Shomolu, 1970-71; Somolu & Ajakaye, 1971-78.

    He was former legal adviser to West African College of Surgeon – A constituent College of the West African Post Graduate Medical College, since 1973; National Institute for Medical Research Nigeria, 1977;Total Nigeria Limited, 1971; University of Ibadan, 1971-73; University Teaching Hospital, Ibadan, 1970-73; Zabadine & Company, 1971.

  • Strengthening the judiciary: Independence, bias and administration

    Strengthening the judiciary: Independence, bias and administration

    The importance of our judicial system goes beyond justice administration simpliciter and touches on political institutions and policies which help to shape society. Citizens frequently turn to the judiciary to protect and enforce their rights. The workload of judges has increased because of the changing times and development of technology and has become far more complex. It has also become evident that the qualifications required for the proper exercise of the judicial role now go beyond the basic legal knowledge and skills of legal interpretation that was once sufficient (UNODC).

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    The evolution of the judicial role has led to its increased importance in political, social, and economic spheres. It has induced reforms in many countries intended to meet these new challenges through innovations in the judicial system that are crucial for the quality and efficiency of its performance. To strengthen the judiciary, there must be a proper balance between the independence of the Judiciary, security of judicial officers, judicial management, and judicial accountability, as all these factors are crucial for the proper working of the judicial system in Africa.

    An independent, protected, strong, and respected judiciary is indispensable for an impartial administration of justice in a democratic State. Judicial officers should actively participate in establishing, enforcing, maintaining, and observing a high standard of conduct to preserve the integrity and respect for the independence of the Judiciary.

    Bearing in mind the need for judicial management to enhance an impartial, independent, and respectable judiciary, the Nigerian Judicial Council established its Code of Conduct for Judicial Officers to provide a minimum standard to be observed by judicial officers to ensure sound ethical and professional standards in the discharge of their duties. The Code of Conduct is not restricted to Judges but also provide minimum standard to guide the conduct of staff of the Judiciary and court officials in the discharge of their duties.

    Judicial Bias: To Do Justice Without Fear or Favour

    The impartiality of judges, expressed in the Latin maxim nemo judex in propria causa interpreted to mean that ‘no man should be a judge in his own cause’, and the right to fair hearing are the tenets of natural justice (E S Nwauche, 2004). The principle of Natural Justice is recognised by provisions of the Constitution across African countries and the world.

    Article 6 (1) of the European Convention of Human Rights and Fundamental Freedoms 1950 as incorporated in the Human Rights Act 1988, applicable in England since 2000 provides that, “… everyone is entitled to a fair hearing… by an independent and impartial tribunal established by law” (E S Nwauche, 2004) in the determination of their civil rights and obligations.

    Judicial independence and the impartiality of judges are closely knitted in that they operate to sustain public confidence in the administration of justice. Wherever public confidence in the Judiciary lags, the popular perception is that judges are biased in their decision-making. Such bias has been attributed to various factors, including socioeconomic inequality, the rural-urban divide, ethnicity, and gender discrimination. Significant reform efforts have thus been targeted toward tackling the root causes of discrimination in the courtroom, including domestic and international programs designed to enhance access to justice for marginalised groups and reduce delays in judicial workloads (F. Shen-Bayh, 2022).

    Bias can be either actual, or apparent bias. Actual bias is not tough to prove in practice, this is a situation where the judge has pecuniary or other interest in the outcome of the litigation whereas apparent bias, deals with the perception of a reasonable man in relation to how the judge has conducted proceedings in a matter i.e the judge’s conduct or behaviour, their interests, affiliations or their allegiances. Generally, there are two tests to be applied in determining apparent bias: the “reasonable suspicion of bias” test and the “real likelihood of bias” test. However, jurists believe that the differences between these two tests are mainly semantic as they operate similarly.

    The right to a fair hearing entails that individuals should not be penalised by decisions affecting their rights unless they have been given a fair opportunity to present a response to the case against them. The mere fact that a decision affects rights or interests of an individual is sufficient to subject the decision to the procedures required to the natural justice test.

    The judicial system must remain impartial and unbiased in the administration of justice. Oliver Wendell Holmes defines the law as the prophecies of what the courts will do in fact and nothing more pretentious, this definition is represented in the doctrine of Stare Decisis and judicial precedence. Hence Judges should be more concerned with doing justice and should be guided by the principles of natural justice; fair hearing, equity and good conscience, repugnancy to natural justice, and that no man should be a judge in his case. In doing justice, we should be guided by the fact that our decisions will influence generations to come; hence a good legacy should be left behind.

    It is immutable that the problem with the human being is that nothing is perfect, yet Justice Oputa and Justice Karibi-Whyte (Justices of the Supreme Court of Nigeria) held to the belief “that the object of rewarding judicial demeanour is not just the pursuit of some form of sinlessness, but to become somewhat angelic”. (Amb. G. Igali, Ph.D 2020).

    Independence of the Judiciary

    In administering justice, the independence of the Judiciary is an essential element. It is a sacrosanct because it goes hand in hand with the doctrine of separation of powers. However, the doctrine of separation of powers is difficult to realise as several impediments stand in the path of Judicial Independence.

    For example, in Nigeria, the budgetary allocation to the Judiciary is determined by the Executive at the Federal or State level, respectively. Another example is the amendment of laws by a few state governments to exert influence over the Judiciary. For example, in Rivers State, the power to assign cases now lies in the hands of the Chief Registrar instead of the Chief Judge of the state.

    These instances of issues that hamper judicial independence have led to clamours by stakeholders in the judiciary to reform the judicial system. The 21-day strike embarked on by the Judiciary Staff Union of Workers (JUSUN) demanding judicial independence of the Judiciary and financial autonomy of the state judiciary is notable (F. Iwuchukwu, 2014). This occurred because of an awareness of the fact that to uphold the rule of law and ensure that the functions of the judicial officers are carried out like well-oiled machinery, judicial independence must be guaranteed.

    From the process of nomination, selection, appointment, remuneration, discipline, promotion, dismissal, and retirement of all judicial officers, there must be no room for bias, preferential treatment, or subjective opinion. Another way of ensuring judicial independence is by granting life tenure to Judges, which frees them to exercise their judicial discretion justly. The twin pillars of judicial independence, i.e., security of tenure and conditions of service must be deeply rooted in the foundation of society.

    The need for the independence of the Judiciary was reiterated by Gani Adetola-Kazeen, SAN where he remarked that the executive arm of government should have less power in the appointment of judges and advocated that the Judiciary should be in control of its own resources to avoid any form of influence or interference in the course of justice (I. Uwaleke, Y. Ayobami-Ojo, 2014).

    Administration of Justice in the Face of Terrorism

    There are numerous causes of violence and insurgency in Africa. The continent is vast with tremendous cultural and language differences, and the only truly shared experience is a history of European colonialism. The most notorious terrorist activity in West Africa during the 21st century has been in Nigeria due to the activities of the terrorist group Boko Haram, especially in the Northern region (Dr A. Obe, 2021).

    The incessant massacre, bombings, and mass kidnappings in African Countries have hampered the administration of justice. Court proceedings have been put on hold for fear of loss of life and destruction of buildings. This is, therefore, a crucial topic for discussion because a failure to address this lingering issue will pose a clog in the efficiency of the administration of justice.

    Conclusion

    The administration of justice by the judiciary, which is not only faced with issues caused by the Covid-19 pandemic, racial justice, polity issues, election issues, and economic challenges, has placed a heavy burden on the judiciary as the court is an institution that relies on reason, not emotion.

    The burden placed on the Judiciary in the administration of justice supersedes the basic legal knowledge and skill of legal interpretation required to discharge its duties; cooperation is required from the other arms of government (the Executive and the Legislative) to ensure the independence, impartiality, integrity, and security of the judiciary.

    • Prof. Ajogwu is the Founder, Kenna Partners.

  • Proposed amendments: is NBA scheming its collapse?

    Proposed amendments: is NBA scheming its collapse?

    The Nigerian Bar Association (NBA) has released the new proposed amendments to its 2015 Constitution. When the Committee was set up again to amend the NBA Constitution and called for memoranda from lawyers, I deliberately chose not to send any, unlike in the previous amendment of 2020.

    Why must an association derive pleasure from the ritual of amending its constitution virtually under every regime? Is such constant amendment not questionable? Upon going through the latest proposed amendments, my reaction was that: “Reading through some of these amendments, it is like asking the children of Israel to go back to Egypt after crossing the Red Sea. Why must the NBA make amending its Constitution an incessant ritual? When you say the Presidency should now be by succession after 2024 rather than by election, does this not question the motto of the NBA that says ‘Promoting the Rule of Law’? To me, some of these amendments are worse than the military coups in the African continent, now being condemned by many people.”

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    While civilised institutions and associations are embracing democracy, why must a professional association such as the NBA (an association of learned individuals) be contemplating a different route? There are certain things I cannot keep silent on, and I will continue to write, talk, and make suggestions. It is the choice of those concerned to either heed or ignore, as Chinua Achebe had said: “A fly that has no one to advise it follows the corpse to the grave.”

    Proposed amendments

    Now, let us examine some of these new proposed amendments to see whether, if the NBA eventually approves them in its forthcoming Annual General Conference (AGC), it can lay claim to being truly democratic.

    Under Part II Section 7, which deals with the General Council of the Bar, the composition of the Representatives of the Association in the council is 20 members, 9 of whom must be senior members of the Association of not less than 25 years post-call, and another 9 members of the Association of not less than 10 years post-call, all spread across the 3 geographical zones. The incumbent President and his predecessor in that office are to fill the remaining 2 slots to make 20. The initial 18 members are to be elected in the National election and must have the following qualifications according to the new proposal:

    “Any member of the Association seeking election into the General Council of the Bar shall be qualified for such election if he /she:

    (a) Is a full member of the Association and has paid, as of the date of his/her nomination, his/her Bar Practicing Fees and Branch Dues for the three (3) consecutive years immediately preceding the year of the election, inclusive of the year of election.

    (b) Is in private practice.

    (c) Has at any time not less than two (2) years prior to his/her nomination been a member of the National Executive Council or served as a National Officer in the National Executive Committee or served as Chairman of a Branch or Chairman of a Section or Chairman of a Forum in the Association.”

    Although one may not find any quarrel with sub-paragraphs (a) and (b) above, the problem lies in sub-paragraph (c), which has to some extent been taken care of by the previous amendment done in 2020 to the NBA Constitution. This particular sub-paragraph (c) as contained in the new proposed amendment is like bringing back the discriminatory provision that had already been done away with in 2020. Why must some people continue to insist that for a qualified lawyer to contest for an election in NBA, such a lawyer must have been a member of the National Executive Council or served as a National Officer in the National Executive Committee or served as Chairman of a Branch or Chairman of a Section or Chairman of a Forum in the Association, at any time not less than two (2) years prior to his/her nomination?

    By the purport of this discriminatory provision, it means a lawyer who has qualified as such for over 10 years or 25 years, as well as having fulfilled sub-paragraphs (a) and (b), are not enough to qualify him/her to contest the election as a Representative of the Association to the General Council of the Bar unless he/she fulfills the requirement in sub-paragraph (c). I submit that this provision is not only very unjust and discriminatory to the majority of lawyers who are members of the NBA, but also very undemocratic. Sometimes I keep wondering what is so much special in the NBA’s position that the qualification required by a lawyer to hold an elective position in the NBA is more than what he requires to aspire to become the President of his/her country or the Governor of his/her home State, as provided for under the Constitution of the Federal Republic of Nigeria?

    This discriminatory provision was part of the NBA Constitution for a very long time, but the NBA Committee that reviewed the Constitution in 2020, in their wisdom, saw reasons that the provision was truly discriminatory. The practice used to be that for any lawyer to contest for election as a National Officer (except for the position of Assistant), such a candidate must comply with the similarity of the sub-paragraph (c) stated above. However, the 2020 Review Committee then came up with a fantastic amendment that for a lawyer to be eligible to contest for an election as a National Officer, such a lawyer must not necessarily be or must have served as an (NEC) member, except if such a lawyer is contesting for the position of the President, 1st Vice President, and General Secretary. This discriminatory provision having earlier been expunged in 2020, why bring it back now as a condition precedent for a lawyer to be eligible to contest as a Representative of the Association at the Council of the General Bar in the new proposal? When the composition of the National Officers is being proposed to be drastically reduced to five (5), why then reintroduce the discriminatory provision to disenfranchise lawyers from contesting for a seat at the General Council of the Bar?

    Again, in the new proposal under review, it is stated as follows: “The National Executive Committee shall consist of the National Officers of the Association who, except for the President, shall be elected as provided under the Constitution for a single term of two years.” According to the proposal, (a) The President, (b) The Vice President, (c) The General Secretary, (d) The Assistant General Secretary, and (e) The Publicity Secretary are now the proposed composition of the National Executive Committee of the NBA. It may not be a bad idea to try to reduce the composition of the National Officers, but proposing that from after the 2024 election, the Presidency of the NBA will be by succession rather than by election is a terrible and very bad idea. From where did the idea come from? According to the new proposal:

    “With respect to the office of the President, the immediate past Vice President of the Association, FOR AVOIDANCE OF DOUBT, ascension to the office of the President of the Association shall be by succession, save for the circumstances listed in paragraph 4, part III of the second schedule to this Constitution.”

     Provided that where the office of the Vice President is vacant at the time of succession, an election may be held for the office of the President. This provision shall become operative after the 2024 elections of the Association.”

    When I read this provision, the question I asked was whether the NBA Presidency is now to be turned into a Chieftaincy Stool to be ascended to by succession, and how democratic is this continues to baffle me? It seems that what is now being suggested is that if this amendment scales through by the end of August this year (2023), whoever wins the 2024 election is going to be succeeded by his Vice President automatically without such a Vice President going through a fresh election to be the NBA President. This amendment being introduced is very strange. The proposal doing away with the 3 geographical Vice Presidency Structures is defeating the purpose for which it was brought in the first place, probably to have the 3 geographical zones to have a sense of belonging in the NBA political system. The final approval of these amendments will be left to the NBA Annual General Meeting to decide.

    If one may ask at this stage, is the NBA scheming its own collapse? I dare say that if these amendments are approved by the AGM of the NBA, that may mark the beginning of the collapse of the NBA, which is the utmost desire of those trying to checkmate its monopoly. I have said it somewhere that when things are not done properly and transparently in the NBA, the Association is bound to lose its potency and dynamism. Many lawyers, particularly the senior ones, have long been clamouring for the springing up of other Bar Associations, as being done in other countries, as lawyers are at liberty to form and join any Bar Association of their choice, as the 1999 Constitution of the Federal Republic of Nigeria, as amended, guarantees the Freedom of Association to every Nigerian citizen, including lawyers. The monopoly of the NBA has continued to be questioned. A very senior member of the bar and a Life Bencher once told me that having multiple bar associations in Nigeria is just a question of time. This issue even featured prominently in the just-concluded first Annual Conference of the Nigerian Law Society. In advocating for Multiple Bar Associations in Nigeria, Chief Joe-Kyari Gadzama, SAN, observed in his address:

    “In Nambia, lawyers have the opportunity to be part of multiple law-related associations such as Society of Advocates of Namibia and the Law Society of Namibia. Ukraine, too, boasts more than one umbrella body devoted to protecting the interest and welfare of legal practitioners. The Ukrainian National Bar Association and Ukrainian Bar Association, both non-governmental and non-profit organisations, unite lawyers across the country, striving to uphold the principles of the legal profession. Even in the United Kingdom, lawyers have the privilege of belonging to various law-related professional associations such as the Law Society of England and Wales and Bar Society of England and Wales. Indeed, on a continental level, Africa is home to two prominent legal associations: the African Bar Association (AFBA) and Pan African Law Union (PALU)…”

    Chief Bolaji Ayorinde (SAN) in his own paper titled “Freedom of Association of Legal Professional – Navigating the Web of Statutory Professional Regulations”:

    “Lawyers can have freedom of association to create and join associations such as Nigerian Bar Association and any other association that will foster legal reforms and development and aid justice delivery…The NBA is mentioned not just in Section 1 of the Legal Practitioner Act (LPA), but indeed, the NBA enjoys quite a great number of mentions in the LPA and Bar Council’s Rule of Professional Conduct (RPC). But can these mentions serve as the basis for overriding the lawyer’s fundamental right to freedom of association? I think not. The only exceptions to the fundamental right of freedom of association must be traceable to the Constitution. If the 1999 Constitution intended to regulate professional occupations through mandatory associations, it would have stated so under item 49 of the Exclusive Legislative List. Such intention would, however, have had to be reconciled with Section 45. A fundamental right such as the right to freedom of association simply cannot be derogated from in the manner attempted by Section 1 of the LPA. In consequence of the foregoing, since the NBA is neither a body made pursuant to Section 45 of the 1999 Constitution, nor is it even a body established under the LPA, Section 1 of the LPA is in breach of Section 40 of the Constitution and must be considered void.”

    With this kind of powerful submission, the NBA needs to be very cautious in its way of doing things. I have advised in the past that it will not be in the interest of the NBA to retain unnecessarily discriminatory provisions in its Constitution. If interested members of the Association are unnecessarily being disallowed or disenfranchised from taking part in the NBA politics, some may ask what is the essence of discharging their obligations, whether financial or otherwise, to the NBA. The Association must continue to be democratic rather than being despotic in its electoral system. With these new proposed amendments awaiting the decision of the AGM of the NBA, I doubt if many lawyers will be comfortable continuing to stay or remain in the professional association that is planning to go the way of ascension or succession to the throne, choosing its President as if we live in a Royal Kingdom. Is there any rational alternative to being democratic?

    Note: Anyone is at liberty to disagree with my above submissions, as I will surely appreciate a balanced, fair, and objective rebuttal. Contact: 08055476823, 08164683735, Email: abdulrasheedibrahim362@gmail.com.

    • Mr. Ibrahim is a Lagos-based lawyer.

  • Families demand proceeds from land sales

    Families demand proceeds from land sales

    Four representatives of the Osunba families of Akinyemi house, Ojuale compound, Ijegun waterside, Imore in Oriade Local Government Area of Lagos State have petitioned their traditional ruler, the Alahun of Imore, Oba Taofeek Akeju for details of money received from buyers of their family land.

    They threatened legal action if he failed to comply.

    Those who made the request via a June 6, 2023 petition, were Mukaila Akinyemi, Mukaila Yusuff, Toyin Badmus and Yisa Buraimo.

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    They alleged that the traditional ruler had failed to respond to the petition addressed to him and his secretary in council, more than two months after receipt of the letter.

    In the petition written by their counsel, Mr Abdul Wahab Olawale, the representatives argued that equity demanded that the traditional ruler be accountable to the people.

    They maintained that the sold land had been in the possession of the families for several years and that it comprised the dry and swampy areas of Imore town, where their forefathers, children and grandchildren had been farming and carrying out other activities.

    They argued that as the bonafide owners of the land, they should have been contacted first, moreso when the authority of the traditional ruler over lands in the area is a subject of litigation in the appellate court in suit no. CA/L/122/17.

    They maintained that although different members of the families who are customary owners of the land were given various sums of money, they were entitled to know the detailed record of sales and disbursement of the money from the buyers of the land to the families.

  • Advocaat’s 15th anniversary celebrations begin with chess tournament for pupils

    Advocaat’s 15th anniversary celebrations begin with chess tournament for pupils

    As part of activities to mark its 15th anniversary, a full service commercial law firm, Advocaat Law Practice, has organised a mini chess tournament for school children.

    Pupils of Whanyinna School in the floating community of Makoko participated in the “Chess in Communities Mini Tournament” held on Saturday.

    The winners who got scholarship support are Kisegbeji Benjamin (overall winner), Avlessi Thank God (best junior player) and Kpago Mary (best female player).

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    The ‘Chess in Communities Mini Tournament’, which held on the sand-filled ground of the school, featured no fewer than 48 players from primary and junior secondary classes.

    They competed for a trophy and scholarship prizes.

    Makoko, sometimes described as the “Largest floating slum in the world” is a unique low-income community, a third of which is built on stilts in a lagoon off the Lagos mainland.

    Advocaat Law Practice Founding Partner, Ola Alokolaro, said the mini tournament was one of many events to celebrate the firm’s 15th anniversary.

    He said that it was organised through Strictly Law Business (SLB) in partnership with a non-profit organisation, Chess in Slums Africa.

    Alokolaro said: “It’s our way of giving back to our community. We started off the practice in Yaba, very close to this place, which is why we decided to choose this particular community to give back to.”

    On the choice of chess, he said: “Chess is a very strategic game and it helps to build the mind and it’s important that the minds of these kids are engaged from an early age.

    “It is our intention to sponsor the children from first to third place and ensure that their education for the year is taken care of.

    “We’re definitely going to continue to partner with Chess in Slums, with some of their initiatives, both in the near and the future terms.”

    He urged other law firms to consider similar charitable causes to lift the society.

    “It’s very important to uplift each other and that’s the only way we can build the nation,” Alokolaro said.

    Founder, Strictly Law Business, Olubosola Ajala, said her organisation empowers lawyers and law firms on growing profitable practices.

    “Being one of our clients, we had to work together with Advocaat Law Practice on its 15th anniversary, to conceptualise the idea of giving back to society.

    “We worked with them to organise this chess tournament. It’s their way of giving back.

    “As a service provider to them, we had to ensure that everything that had to do with the success of the chess tournament was well-executed.”

  • Stakeholders seek review of Victims of Gunshot, Accidents Act 2017

    Stakeholders seek review of Victims of Gunshot, Accidents Act 2017

    The Compulsory Treatment and Care of Victims of Gunshot and Accidents Act 2017 is to be reviewed to accommodate areas not covered before now.

    This is coming on the heels of the continued refusal of doctors and hospitals to treat gunshot victims without police report, and  because families don’t usually pick up the bills of such victims.

    The Executive Director, Crime Victims Foundation of Nigeria      (CRIVIFON), Mrs. Gloria Egbuji, made this known in her address at the 25th anniversary of the foundation held last Thursday at the Police Officers Mess, Sobo Arobiodu Street, GRA, Ikeja.

    Read Also: Curbing rivalry among law enforcement agencies

    Mrs. Egbuji said she would be getting in contact with the First Lady, Senator Oluremi Tinubu, who pushed the bill in 2017 in the Senate, for fresh push for the amendments before the 10th Senate to accommodate the observed inadequacies.

    She said the 9th Senate in October, 2021, commenced the move to end the flagrant disregard for human lives by medical doctors. It considered and passed the bill for second reading.

    She said  the bill is seeking to amend the “Compulsory Treatment and Care of Victims of Gunshot and Accidents Act 2017” to enforce treatment for gunshot injury without police report.

    She said the bill which was sponsored by Senator Oluremi Tinubu seeks, among others, to establish the Medical Emergency Assistance Fund to cover the treatment of victims of gunshot, knife wounds and other life-threatening emergencies.

    She regretted that the exercise could not be completed by the 9th Senate before it wound up.

    Mrs. Egbuji expressed joy that former Governor of Rivers State, Nyesom Wike, was the first to key into the law and domesticated the Gun Shot Victims Act through the state’s legislative organ.

    She said Lagos State followed suit on September 22, 2022  with its “The Lagos Victims Witness Protection Law” which includes provision of assistance and protection to victims and witnesses who face intimidation because  they have vital information that help protect cases.

    The CRIVIFON executive director gave historical account of how the campaign to protect gunshot victims started in 1998, named all the stakeholders, including the Nigerian Bar Association (NBA) that keyed into it until it was tabled before the Senate by Sen. Oluremi Tinubu and subsequent assent to the bill by former President Muhammadu Buhari.

    She said CRIVIFON and its strategic partners in the days ahead, would engage the police personnel in more awareness creation since their personnel form major part of the violators of the law.

    A participant, Ola Ayeni, narrated how his elder brother Ebenezer, a promising gospel singer, died of gunshot injury as they took him from one hospital to another to save his life, after being shot by armed burglars who invaded their Ibadan residence.

    Chairman of the event, Senator Ifeanyi Ubah, promised to surport all efforts of the group to amend the Act to protect lives of gunshot victims.

    Ubah, who was represented by his Senior Special Assistant (SSA), Hon. Ifeanyi Nwankwo, described the proposed amendment to the Act as a life saving project.

    He described the story of Ayeni as pathetic and an incident that could happen to anybody.

    “I have seen it happen on Lagos highways, Benin highways and other places. People lose their lives when they are not supposed to when we have all the resources to save lives around them.”

    He lamented that the system has become awkward and obsolete and lost touch with modernity and such things should not be allowed to happen again by our medical personnel.

    “Even when armed robbers are brought in with gunshot wounds, it is better he is alive to tell his story, charged to court and serve his terms of imprisonment,” he said.

    Lagos State Director of Public Prosecution (DPP), Dr. Jide Martins, in his remarks said it was appalling to see people taking pictures and recordings when they should be assisting victims of gunshot and accidents.

    Pointing out that saving lives is more important to the state than getting police reports, he urged doctors and private hospitals to treat victims first and after get across to the police to file reports.

    Dr Martins said since the primary responsibility of medical personnel is to save life first , he urged stakeholders to take up the task of educating them of the provisions of the state’s law as it relates to gunshot and accidents’ victims.

    Both Dr. Martins and Dr. Adegbenga Ademolu disclosed that in Lagos State owned hospitals, gunshot and accident victims have access to free medical treatment under the law.

    Ademolu, who represented the Chief Medical Director (CMD), Lagos State University Teaching Hospital (LASUTH), Prof. Fabanwo, cited how the hospital treated about 102 victims of the March 9, 2023 BRT bus that collided with a train at PWD rail crossing to support his views.

    “LASUTH, in the spirit of treating accident victims first, was able to handle all of them. Though we do not have enough surgical staff and beds, we created temporary emergency place for them on helipad, annexed medical staff from other departments, did the x-rays and prevented avoidable deaths.”

    He stressed that all the treatment of the victims were done free, adding that the CMD ordered all prescriptions to be given to the victims free.

  • Chukkol, setting new records for dynamic EFCC

    Chukkol, setting new records for dynamic EFCC

    By Gerald Nlebem

    At the various Commands of the EFCC, fresh leaves are sprouting from its towering tree. Operational and administrative activities are revving up admirably. A combination of unmistakable competence and leadership strength of the Acting Chairman are at work, in the little and great engagements in the EFCC and this is really commendable, considering the diversity and enormity of cases being handled by the Commission. .

    One bold hint of the signature of work of Chukkol is zero tolerance for corruption.

    Read Also: Curbing rivalry among law enforcement agencies

    At the Graduation Ceremony of fresh cadets of the EFCC on July 21, 2023, the anti- graft czar cautioned them against corrupt practices and questionable conducts. His words: “The Commission has zero tolerance for corruption, indiscipline and unprofessional conducts. You have all been sworn to oaths of allegiance and secrecy, loyalty to the nation, to EFCC as well as keep strict confidence any knowledge that may come your way in carrying out your duty. Every act of corruption, disloyalty, disobedience, insubordination would instantly be dealt with and the defaulters would be shown the exit door”.

    For those who know the Acting EFCC Chairman Chukkol, his warnings against compromises and corruption by fresh officers of the EFCC, are not mere preachments. He meant every word he said. Even, older officers know that corruption cannot grow under Chukkol’s watch. This is so important, given growing public angst against unethical practices by law enforcement agents across the country. The EFCC, as the nation’s most effective anti- corruption agency cannot afford to treat graft with kid gloves. For a leader that is walking his talk and giving no room for suspicions, tackling indiscipline and dark practices in the system cannot be an uphill task.

    Available records at the EFCC show that, right from his days at the Lagos Zonal Command, the soft- spoken Chukkol has never been enmeshed in any shady practice. That President Bola Tinubu gave him the reins of leadership at the Commission, only shows the implicit confidence he has in him and the unimpeachable dynamics of his works over the years. It won’t be suprising if he is allowed to continue in his strides and unobstrusive ways as the substansive head of the EFCC.

    Has there been any radical paradigm shift since Chukkol assumed leadership of the EFCC? The answer is in the affirmative. The break and burst fever of the Bawa’s days seem to be over. The Commission never relent in closing in on internet fraudsters. As a matter of fact, more arrests are being made periodically but without any public hysteria about marauder- like invasion of houses. It is strange to observe that the same operatives hounding and wounding suspected fraudsters have suddenly become urbane, professional and admirable, owing largely to a new- fangled approach initiated by Chukkol. The EFCC is doing its jobs with rising efficiency and professionalism. Chukkol’s leadership is simply telling us that an arrest needs not be an invasion. Greater impact is being made without giving the public a bloody nose.

    Even, progress is rising in the area of convictions. Media reports in this area are becoming impressive. I think the EFCC should offer the public figures of the new advances in its prosecutorial efforts without further delay. As a keen watcher of developments in the EFCC, I find the systematic workings of the Commission under the watch of Chukkol, the quiet administrator equable and promising. I have also noticed significant improvements in enlightenment campaigns of the works of the Commission in recent times. Nigerians are warming up to the changing dynamics in the fight against corruption and this may be the reason civil society organisations are dropping their grievances against the EFCC.

    At this juncture, it is imperative to load the clouds of the Acting Chairman with some challenges he needs to address, in order to continue in its winning ways in the Commission. First, restructuring of roles and responsibilities are vital. New brains and fresh insights should be deployed into key areas such as administration, procurement, public relations and information dissemination, recruitment, training and prosecution.

    A Commission like the EFCC should be dynamic and creative in its workings. The public is getting tired of its stereotypes. Chukkol needs to give the public a new face of the EFCC.

    Second, the existing operational framework that achieves results without hurting the sensibilities of the public should be sustained. Chukkol is putting the right foot forward in this regard and should continue in that direction for positive development.

    The public’s eyes are on the EFCC regarding setting new examples in equitable treatments of its workforce. It is important to note that Bawa’s regime reportedly formed personality cults within the system. This should not continue. Every staff of the Commission deserves fair treatments, irrespective of tribe, religion or other extraneous affliations. Reports showed that Chukkol is already righting many wrongs in the system. This is commendable. A foremost anti- graft agency like the EFCC deserves no less. Posterity is sure to applaud the Acting Chairman for the bold reforms he is already initiating. This is what is desirable for the nation and this is what Abdulkarim Chukkol is working on.

    More important is the need for enhanced synergy with other law enforcement agencies. Corruption is an hydra- headed monster and its tackling should be broad- based. Chukkol needs to embrace collegiate overtures from other agencies and make them feel relevant. The EFCC, legally, is the coordinating agency for the enforecement of laws against several corrupt practices. It should reach out more to sister agencies for seamless operations to tackle corruption. Reports showed that the Acting Chairman is already embracing agencies disposed to working with the EFCC. This is commendable.

    The onus is on the stakeholders and the nation to suppprt the Commission more in this regard. Chukkol is offering us good promises and the EFCC really looks good with him as a skilful driver.

    • Nlebem, a public affairs analyst, writes this piece from Etche in Rivers State.

  • Akpata backs IGP, Lagos Police Command on Complaint Response Unit

    Akpata backs IGP, Lagos Police Command on Complaint Response Unit

    The immediate past President of the Nigerian Bar Association (NBA), Olumide Akpata, has praised the newly commissioned Complaint Response Unit of the Lagos State Police Command.

    He expressed hope that it would promote civil/police accountability and be a robust platform for engagement between the public and the police.

    He also said he hoped the Unit would boost public confidence in the Police as the citizens would feel more secure and protected knowing that the Police are only a phone call away, ready and willing to listen and address issues and complaints.

    Read Also: Curbing rivalry among law enforcement agencies

    Akpata spoke at the commissioning of the Lagos State Police Command Complaint Response Unit in Lagos.

    “As you are aware, the current young generation of Nigerians want their voices heard on relevant national issues. I want to strongly believe that this Unit will breach the communication gap and fill the void which gave rise to the #Endsars struggle,” Akpata said.

    The former NBA President said he hoped the Complaint Response Unit would also serve as a platform for information and data gathering, which are crucial elements of policing especially concerning planning and preparation.

    He further hoped it would enable the Police management to receive complaints directly from members of the Public on erring personnel and take timely action.

    “Recalling, investigating and disciplining any officer found wanting, as well as providing feedback to members of the public on the internal measures taken to address their complaints and grievances”, would go a long way in promoting accountability and transparency, Akpata said.

    “Overall, I hope that the Unit will bring policing closer to the people and boost police/community collaboration in line with 21st-century innovation and global standards of policing,” he added.

    Akpata congratulated the Lagos State Commissioner of Police, the Lagos State Police Command and the entire Police Force for the successful execution of the project, given that many ideas that are good on paper have been conceived but they never materialised due to one factor or the other.

    “Although I am not a police officer, and I am therefore a guest at today’s event, I can state categorically that I know the level of work that was put in to ensure the successful execution of this project.

    “Indeed, I recall that during my term as the President of the Nigerian Bar Association, I was part of those who advocated for the creation of the Police Complaint Response Unit in line with Sections 131-133 of the Police Act 2020. To the best of my knowledge, the Lagos State Police Command has emerged, perhaps unsurprisingly, as the first State Police Command to establish its Complaint Response Unit,” he said.

    Akpata said he was aware that the IGP had issued a circular to all Police Commands in the country to immediately set up their respective Complaints Response Units in line with Sections 131-133 of the Police Act 2020.

    “When the request for assistance towards the set-up of the Police Complaint Response Unit was presented to me, even though I was no longer President of the Bar, I did not hesitate to respond positively to the request as a matter of patriotism and altruism. I am, therefore, delighted to witness the successful implementation of the ideals and agenda behind the creation of the Response Unit,” he said.

    He further commended the IGP for his solemn resolve in giving life to “this all-important Section of the Police Act which is aimed at promoting civil/ police accountability”.

    “I am ever ready and willing to assist the police in any way possible not just in ensuring the successful execution of this project to actualise its objectives but also in respect of similar progressive projects of the Police,” he said.

  • AGF job: Tasks before Fagbemi

    AGF job: Tasks before Fagbemi

    Prince Lateef Fagbemi (SAN) was sworn in yesterday as the Attorney General of the Federation (AGF) and Minister of Justice. Lawyers tell ADEBISI ONAUGA their expections on the rule of law, rights enforcement, anti-graft war and pitfalls that he should avoid.

    Attorney-General of the Federation (AGF) and Minister of Justice Prince Lateef Fagbemi (SAN) was among 45 ministers sworn in yesterday by President Bola Ahmed Tinubu.

    Fagbemi is a respected jurist who has made significant contributions to the development of the legal profession. A lot is, therefore, expected of him.

    Many justice sector stakeholders believe he fits the bill.

    A former Nigerian Bar Association (NBA) President, Dr Olisa Agbakoba (SAN), said: “We have a brilliant AGF in Prince Fagbemi. I am convinced this will be a simple task for him.

    “He is a very good colleague and I have the highest confidence in his abilities.”

    Given his impressive qualifications and other enviable personal attributes, stakeholders believe he can initiate reforms to reshape the legal system.

    Read Also: Ibadan battle of lawyers: Lateef Fagbemi lifts trophy

    NBA President Yakubu Maikyau (SAN), who visited Fagbemi in Abuja on Friday, expressed the excitement of many lawyers about the appointment.

    He pledged the NBA’s support for the minister.

    Fagbemi said he was comforted to know that he had the support of the Bar. He urged Maikyau to present to the AGF’s office the NBA’s official position on law reforms and areas of improvement for the Judiciary.

    The man Fagbemi

    Prince Fagbemi, born in Oyun Local Government Area (LGA) of Kwara State, obtained his Bachelor of Laws (LL.B) from the University of Jos, Plateau State, with a Second Class Upper degree in 1984.

    He was called to the Bar in 1985, marking the beginning of his 38 years of flourishing legal career.

    In 1987, Fagbemi bagged a Master’s degree in Law (LLM) from the Obafemi Awolowo University, Ile-Ife.

    He cut his legal teeth and honed his skills under the tutelage of a renowned lawyer, Afe Babalola, for 11 years.

    Fagbemi was conferred with the rank of the Senior Advocate of Nigeria (SAN) about 11 years into his law practice, making him the youngest member of the Inner Bar at 37.

    During the screening of ministerial nominees by the Senate on August 2, Fagbemi gave an insight into his perception of the anti-graft war and justice sector reform.

    He underscored the importance of thorough investigation before trial.

    He said: “We fight corruption but at the same time, the way it is being fought in Nigeria leaves much to be desired. That is the truth.”

    His response suggests that he understands that he will inherit an inefficient justice system that is grappling with corruption, disobedience to court orders, executive lawlessness and impunity by law enforcement and security agencies, among others.

    Most commended his suggestion on the splitting investigation and prosecution functions of the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

    His view that both agencies should be unbundled for better performance was widely acclaimed.

    Pitfalls to avoid

    Immediate-past AGF, Abubakar Malami (SAN), was often in the public eye for some controversial decisions and comments.

    Some observers accused him, much like his boss former President Muhammadu Buhari, of disregard for the rule of law.

    It was under Malami that security agencies, on October 8, 2016, invaded the homes of judges at night. The allegations did not stand legal tests.

    There were inter-agency rivalries under him, while Malami was criticised for introducing what many considered a ridiculous dimension to the debate over the sustainability of open grazing of cattle.

    He also drew flak for his interventions in high-profile cases and in the Federal Government’s disregard of a Supreme Court order on the naira redesign.

    Stakeholders believe Fagbemi must avoid the pitfalls of his predecessor and chart a new path for himself and the justice sector.

    Some needed reforms, by Agbakoba

    Senior lawyers, including Dr Agbakoba, Chief Wale Taiwo (SAN), Chief Louis Alozie (SAN), Ahmed Raji (SAN), Wahab Shittu (SAN) and Managing Partner, Royal Practice LP, Ige Asemudara, offered tips to the minister.

    Dr Agbakoba said: “Major reforms of the criminal justice system with particular reference to the utter confusion in the duplicated work of our law enforcement agencies in particular EFCC and ICPC is urgently needed.

    “Also, there is a need to unbundle EFCC and restrict them to investigation only while a new national prosecution agency ought to be established.

    “Another key reform would be a completely decentralised police at local state and Federal levels.

    “Major revamp of our outdated laws is urgently needed to follow the Rwanda example that modified 1000 laws.

    “The AGF must work on speed of justice. It’s a crying shame it takes upwards of 15 years to conclude cases from the High Court to the Supreme Court.

    “He must create sector-specific dispute resolution agencies to free up the utterly cluttered dockets of the regular courts.

    “The other very important task before the Attorney-General will be the unnecessary and wholly inefficient matter of over-centralisation of our superior courts.

    “There is no better time than now to hack down the highly centralised court systems in Nigeria.

    “The AGF is invited to consider major constitutional amendments to create a system of Federal and state courts.

    “State courts ought to have exclusive jurisdiction over matters related to them.

    “This is also the case for Federal courts whose jurisdiction must be limited to Federal causes.

    “This will free up the clutter at the Supreme Court and make it the policy court it ought to be in the first place.

    “We have a brilliant AGF in Lateef Fagbemi SAN. Am convinced this will be a simple task for him. He is a very good colleague and I have the highest confidence in his abilities.”

    ‘Avoid abuse of legal process’

    Chief Taiwo noted that the office of the AGF is an ancient one that combines legal administration and the provision of independent legal advice with the political duties of being a member of the government.

    He said: “He is the Chief Law Officer of the Federation. In terms of clout, the AGF is amongst the closest advisers of the President and that is where the complications set in for the holder of the office.

    “This is because under Section 174(3) of the Constitution, in exercising his powers and functions of his office, ‘the Attorney-General of the Federation shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.”’

    Taiwo noted that the fidelity of the AGF is to the Constitution and in exercising his powers and judgments, it must be in the interest of justice and adherence to due process.

    As to Fagbemi’s prospects for the job, he said: “I am particularly elated. I have known him for more than 40 years. We were called to the bar at the same time in 1985. He is a jurist of repute with a sense of justice.

    “His appointment is coming at a very critical moment given the recent history of the holders of that office.

    “I have confidence that the learned SAN will deliver and surpass expectations. It may be lame to attempt to set an agenda for the new Attorney-General but we can assist him by making historical parallels.”

    On how Fagbemi can succeed, Taiwo said: “We need the new AGF to embark on re-tooling the federal law enforcement framework.

    “Gladly, at his Senate screening, Prince Fagbemi alluded to the current untidy setup of agencies like both the EFCC and ICPC having investigatory and prosecutorial powers.

    “If he can succeed on that front, Nigeria will be better for it. It will not only strengthen the anti-graft war, but it will also help prevent abuse of legal processes in which the agencies have become notorious.”

    The SAN also advised the minister to champion law reforms.

    Taiwo said: “Again, I will cite another historical parallel that may help guide the new Attorney-General. The recently deceased Prince Bola Ajibola, SAN was for six years between 1985 and 1991 a moderating influence under the Babangida military regime.

    “Prince Ajibola as AGF embarked upon a law reform project that we still talk about today.

    “Some of the finest federal enactments (even though they were decrees) in the history of Nigeria came to be under his supervision. And he distinguished himself despite the headwinds of the anathema of a military regime.

    “Therefore, Prince Fagbemi could draw inspiration from both late revered jurists and bring about a paradigm shift in the Nigerian justice sector.

    “In fact, given the current state of our national security and myriad of socio-economic crises, I expect the new Attorney-General to champion law reforms to address the challenges to re-orientate our national well-being.

    “I know Prince Fagbemi as a stickler for rules, principles, and processes which have brought him this far. He is a truth-talker. I expect him to navigate the terrain of political gamesmanship in the best interest of the country which he is going to serve with distinction.”

    ‘Obey court orders’

    Chief Alozie noted that the Ministry of Justice represents the legal mind of the government and “has a duty to guide the government in its daily activities, to avoid arbitrariness and illegality”.

    “It is the job of the HAGF to ensure court orders are obeyed,” he added.

    The senior lawyer noted the many controversies that pervaded the judiciary landscape in the last eight years.

    He said: “What we saw in the past eight years is complete lawlessness. Justices of the Supreme Court were harassed, arrested, and arraigned in court without good reason. Some were not even charged. Their residencies were raided by nighttime.

    “DSS officers took over the illegal role of intimidating our Justices because of judgments they delivered. Since then, our superior courts have lost their independence. They operate in an atmosphere of fear of DSS & EFCC.

    “It is expected that arbitrariness and executive lawlessness should be things of the past. The business of government including the anti-graft war must be conducted in accordance with the law.

    “I pray that his tenure should bring a change in a positive direction. I also pray that as he leaves that office in the next four or eight years, he does so with his reputation intact.”

    ‘Act according to law’

    Shittu noted that since the constitution is founded on the rule of law, everything must be done according to law.

    “No one is above the law, and, in particular, that the government must comply with the law and that power is not exercised arbitrarily. It also requires that all persons have access to independent courts,” he said.

    Shittu pointed out that the AGF is responsible for upholding the rule of law. He said that given the enormous constitutional duties bestowed upon him by his office, it is expected that he should be ready to make himself unpopular by telling the executive to its face that it cannot embark on certain policies if incompatible with the law.

    The AGF must also refrain from attempting or the temptation of being politically right to the detriment of the letters of the law.

    He said as the AGF, his office should be able to direct, at all times and whether favourable to the government or not, immediate compliance with all court orders, for that is the first sign of a society governed by the rule of law, adding when court orders are obeyed, enforcement of people’s rights are guaranteed.

    On anti-graft war, Shittu advised that his watchwords should always be: “No one is above the law”. He said impartial application of the law is expected of him and that the law should be evenly handed among the government, its officials, agencies, ministries and citizens.

    “In advising the government as to the legality of its actions or a proposed policy, it is expected that the AGF must not twist the law to suit illegal action(s) of the executive, and in enforcing compliance with the laws of the land, the AGF is expected to be as blind as our lady justice”, Shittu added.

    The learned silk added that he expected the AGF to ensure that the constitutional rights of the citizens are respected and protected.

    He urged Prince Fagbemi to be courageous in sticking to due process, and transparency, and to support rather than undermine democratic institutions.

    Anti-graft war expectations

    Shittu, an EFCC prosecutor and law teacher, said he expects the AGF to “ensure transparency and accountability in the activities of the government; establish various mechanisms for the protection of whistleblowers who report the corruption of the powerful people in the nation; combat corruption nationally and across the border while adhering to international standards, and be at the forefront of combating corruption and bribery in the government, public organisations, and private industry, regardless of the people implicated in such cases”.

    Shittu urged the new AGF to refrain from exhibiting any bias, as hard as it may prove to be.

    “He should not allow political affiliations or pressures to interfere with his duties; and should be transparent in every decision-making process to avoid any form of miscarriage of justice.

    “He should not allow actions that violate the constitution, and should not turn a blind eye in a case of infringement of rights just because someone powerful is involved. He should avoid neglecting due process of law.”

    ‘Let law take its course’

    Asemudara, who is the founder of Mission Against Injustice in Nigeria (MAIN), urged Fagbemi to reactivate the anti-graft battle that appears to have lost steam.

    He said: “Prince Fagbemi is not swimming in strange waters. He understands the various nuances of law and what is required of him as the Chief Law Officer of the Federation.

    “On compliance with the rule of law, I do not have a doubt that he will ensure that what is right is always done.

    “There are pitfalls he needs to avoid. The Office of the AGF in the past was sometimes brought into great disrepute. A former AGF was once stripped of his honour.

    “The immediate-past AGF was also accused of supporting a new NBA and not enforcing the rule of law regarding the likes of Elzakzaky and Dasuki. There are those who believe Malami did not live up to the expected standard of that office.

    “We expect Prince Fagbemi to avoid those pitfalls. He should allow the law to take its course. He should drive the law to take its course.

    “The EFCC is becoming a toothless bulldog. The commission should be reactivated. Other anti-graft and law enforcement agencies should also be activated for optimum performance. We should see him working.

    “He’s not in a strange environment so I expect him to do well. Nigerians are expecting so much from the occupant of that office given the experience with the past.”