Category: Law

A leading legal organisation, Lexstudy has announced plans to hold Law Awards 2023 Nigeria. 

The theme of this year’s edition is focused on: “Legal memory of a colossus Lucius E Nwosu SAN”.

According to the organisers, the event is aimed at commemorating and honoring outstanding achievements, contributions, and excellence within the legal profession.

It also noted that lawyers and aspiring lawyers/law students & undergraduates that are creatives will also be honoured.

Read Also: Israel’s Supreme Court to review new judicial law

A statement signed by the founder Lexstudy and convener of the award ceremony, Ikechukwu Nwosu said: “Its an Award sui generis (of its own class), it has been a difficult path selling a disruptive commemoration of Lawyers who are not considered Practicing Lawyers though making impact to their immediate community through their Talents and Skills not necessarily in Litigation and Corporate Practice.

“The Law Awards 2023 Nigeria is a platform that celebrates the remarkable accomplishments of individuals, law firms, and legal organizations who have demonstrated exceptional commitment, innovation, and expertise in their respective fields. 

“The Law Awards 2023 Nigeria will feature various categories, encompassing a wide range of legal specialties, including but not limited to corporate law, criminal law, humanitarian achievements,Craftsmanship, Activism, Entertainment, Entrepreneurship, Media, Advocacy, Fashion, policy and governance. 

“Nominees will be selected based on their exceptional performance, professionalism, legal knowledge, and positive impact within the legal community and society at large”

The nomination process is open to all eligible candidates. The organisers can be reached via: lawawardsg@gmail.com

In this article, Wahab Shittu (SAN) writes on the extent of the freedom available to an accused person in writing statements at police stations

The right of the Accused to choose to give statement to the police upon arrest is enshrined in the foremost provisions of the apex law of the federation, including the Administration of criminal Justice Act 2015 and the police Act of 2020. Yet, the constant reminder that the Accused is denied these right is most highlighted in our criminal justice today where the extra judicial statement of the Accused upon arrest is a mandatory.

This Article begs the question, whether chapter IV of the Constitution of the Federal Republic of Nigeria vis-à-vis the provisions of the Administration of the Criminal Justice Act and the Police Act is not a shield for an Accused who wishes to abstain from giving statement?.

INTRODUCTION

When individuals find themselves in the intimidating situation of being arrested and detained in a police station, it is crucial for them to understand their rights. One significant right that often causes confusion is the decision to write a statement. It is essential to demystify Nigerian police procedures and clarify that writing statements is a voluntary act, protected by law.

First and foremost, it is important to know that no police officer has the right to force anyone to write a statement when in custody. The act of providing a statement in police custody should always be a matter of free will and not compulsion. This fundamental principle ensures that individuals are not coerced into providing self-incriminating evidence or statements against their own interests. This is in line with the provision of the Administration of Criminal Justice Act (ACJA) 2015.

“Where a suspect is arrested on allegation of having committed an offence, his statement shall be taken, if so wishes to make a statement.”

1 Additionally, every person has the right to remain silent when interacting with the police. If detained, it is within your rights to request that your lawyer be present before saying or writing anything. Even if you do not have a lawyer, you can choose a trusted person to be present during the process. This 1 S. 17(1) ACJA 2015 safeguard ensures that you have adequate legal representation or support before making any statements that could impact your case.

2. To further solidify these rights, the Nigeria Police Act of 2020 and the Administration of Criminal Justice Act (ACJA) of 2015 explicitly affirm the right of suspects to decide whether or not they want to write statements. Section 60 of the Nigeria Police Act and section 17 of the ACJA specifically state that the act of writing statements by a suspect should be voluntary.

Read Also; After darkness comes the glorious dawn

3 According to the ACJA, suspects have the right to remain silent and cannot be compelled to give any statement that may incriminate them. The legislation emphasizes that suspects must be informed of this right prior to any questioning. Furthermore, if a suspect chooses to provide a statement, they have the right to consult with a legal practitioner of their choice before doing so. These rights are foremost enshrined under chapter IV of the Constitution of the Federal Republic of Nigeria as Amended 2011 as regards the Accused person’s right to remain silent. This position has been credence to, in the case of Omirinde v. F.R.N

“… failure to comply with the provisions will render the statement impotent and incapable of being relied upon by the court to sustain a conviction. This is mandatory and cannot be waived in any circumstances.”

4 The ACJA ensures that the principle of voluntariness is respected throughout the entire criminal justice process. It requires that the police or any law enforcement agency obtain a voluntary statement from the suspect. Coercion, intimidation, or any form of force to extract a statement is strictly prohibited.

Understanding these legal provisions empowers individuals with the knowledge and confidence to assert their rights when facing police procedures. It is crucial to remember that you have the right to protect 2 S. 17(2) ACJA, 2015 3 See S.60 of the Nigerian Police Act 2020 4 (2017)LPELR – 44971 (CA), see also Olalekan v. State (2001)18 NWLR (pt 746)793 @ 819H – 820B.yourself, exercise your free will, and ensure that any statements made are voluntary and in your best interest.

CONCLUSION

In conclusion, demystifying Nigerian police procedures regarding writing statements is vital to protect the rights of individuals. Understanding that writing statements is a voluntary act, individuals can assert their rights, remain silent when necessary, and seek legal representation to navigate through the complexities of the justice system.

By upholding these rights, we can foster a fair and just society that respects the principles of individual freedom and protection under the law. The Nigeria Police Act and the ACJA serve as important legal frameworks that ensure the voluntariness of writing statements and safeguard the rights of suspects throughout the criminal justice process.

Aviation Handling Services International Limited is seeking to revive its joint venture with its Nigerian partners in AHS Aviation Handling Services Nigeria Limited, formerly known as Precision Aviation Handling Company of Nigeria (PAHCOL).

It launched an appeal against the judgment of the Federal High Court in Abuja that terminated the joint venture over alleged illegality and abandonment of contract.

The firm asked the Court of Appeal for an order setting aside the judgment and the order of award of cost of the court below delivered on May 3.

The first to fourth respondents in the suit marked FHC/ABJ/CS/566/2021 are Precision Support Services Limited, Merit Oil Ltd, Precision Aviation Handling Company of Nigeria (Now AHS Aviation Handling Services Nig. Ltd) and Menzies Aviation (Africa) (Pty) Ltd.

The lower court had in a judgment by Justice Obiora Egwuatu, held, among others, that the proposed joint venture was in gross violation of the 1999 Constitution and the Civil Aviation Act 2006. It awarded damages of N2million to the plaintiffs in the suit.

Read Also; After darkness comes the glorious dawn

But, dissatisfied, Aviation Handling Services International Ltd filed a motion on notice dated July 14, 2023, at the Federal High Court seeking an injunction pending appeal against the respondents.

It seeks “An order of Injunction restraining the Plaintiffs/Respondents, their servants, agents, privies or otherwise howsoever called from taking any steps towards or acting under or pursuant to the Judgment of this court delivered on the thirrd of May 2023 pending the hearing and determination of the appeal.

“The company, in its notice of appeal of the same date, appealed the whole decision of the Federal High Court dated May 3, 2023, except the part of the judgment which granted the preliminary objection of the second Defendant, Menzies Aviation (Africa) (Pty) Limited, and struck out the name of the 2nd Defendant from the suit.

It made out eight grounds of appeal including that the trial judge “erred in law” when he held in the judgment that the clauses making English law the governing law and English court exclusive jurisdiction in the resolution of disputes between the parties were capricious and unreasonable because the company is in Nigeria, the joint venture business or services to be rendered is in Nigeria pursuant to Nigerian laws and to be regulated by Nigerian laws; and therefore held the MoU, the Shareholders Agreement, and Share Acquisition Agreement were in gross violation of the Constitution of the Federal Republic of Nigeria (as amended) and the Civil Aviation Act.

It further argued that the learned trial Judge misdirected himself when he held that the reasonable and inferable conclusion arising from the abandonment of the daily management role and funding of the third plaintiff in accordance with the laws of Nigeria is that they have abandoned and totally lost interest in the proposed joint venture; and thereby misconceived issues resulting in miscarriage of justice. No date has been fixed for hearing.

In the Court of Appeal

In the Benin Judicial Division

Holden at Benin

ON THURSDAY, 16TH MARCH, 2023

Suit No: CA/B/524/2018

Before Their Lordships:

​

THERESA NGOLIKA ORJI-ABADUA Justice, Court of Appeal

TUNDE OYEBANJI AWOTOYE                        Justice, Court of Appeal

SYBIL ONYEJI NWAKA GBAGI                       Justice, Court of Appeal

Between

REGISTERED TRUSTEE OF UNEMPLOYED YOUTHS INITIATIVE         Appellant(s)

And

1. CODE OF CONDUCT BUREAU                                                                  Respondent(s)

2. SABA M. SABA                                                                                                              –             

LEADING JUDGMENT DELIVERED BY TUNDE OYEBANJI AWOTOYE, J.C.A.

Facts

This appeal was in respect of the cross-appeal filed by the Plaintiff against the ruling of the Federal High Court, Benin Judicial Division, Holding at Benin City delivered on 4/11/2016.

The Appellant by way of Originating Summons sought the determination of the following questions:

1. Whether by Sections 6(6)(a) and (b), 251(1) (p)(q) and (r) paragraph 3 (a)(b)(c) and (d) of the Code of Conduct Bureau and Tribunal Act 2004 and Section 7 (1)(p)(q)(r) of the Federal High Court Act of 2009, the Federal High Court has jurisdiction over the administration, control and management of records of public officers in the custody of the defendants.

2. Whether having regard to the provisions of Section 9(2) of Freedom of Information Act 2011 and Section 3 (a)(b)(c) and (d) of the Code of Conduct Bureau and Tribunal Act 2004, Defendants is under any legal obligation to make public the assets declared by a public officer.

3. Whether the Plaintiff has locus standi in this suit.

 The Appellant thereafter sought the following reliefs:

1. DECLARATION that by the provisions of Section 251 (1) (p)(q) and (r) of the 1999 Constitution and Section 7(1) (p)(q) and (r) of the Federal High Court Act of 2009, the Federal High Court has the power to adjudicate on issues connected with the administration, control and management of records of public officers in the custody of the defendants.

2. DECLARATION that then 1st Defendant’s register of officials’ declarations must be made public on request by any person or group of persons immediately after a public official take oath of office.

3. DECLARATION that third party can access private information of public officers in public custody.

4. AN ORDER OF PERPETUAL INJUNCTION restraining the Defendants from barring access to assets declaration of public officers in Nigeria forthwith.

 In spite of having been served all necessary processes, the Defendants at the trial Court filed no process in response.

Read Also: Customs can rejuvenate economy, says Adeniyi

In his ruling, the learned trial Judge struck out the case for lack of jurisdiction on the ground of lack of locus standi of the Plaintiff to institute the action. Dissatisfied, the Plaintiff appealed to the Court of Appeal.

Issues for determination

The Court determined the appeal on the following issues, viz:

1. Whether in the circumstance of this case the locus standi of the appellant has been established.

2. Whether by combined interpretation of Section 2(4) of Freedom of Information Act 2011 and Section 3 (a) & (c) of Code of Conduct Bureau and Tribunal Act 2004 assets declaration of public officers should be publicly available.

3. Whether the appropriate thing to do in the circumstance of this case is to hear the case as whole or order a rehearing.

Applelant’s Submission

On issue one, Counsel to the Appellant submitted that there is a presumption of locus standi where the parties seek to enhance respect for the law and promote the good public administration practices. He cited KENYA BANKERS ASSOCIATION V. MINISTER FOR FINANCE & ANOR (2002) 1 KLR 61. Counsel submitted that the quest for open government is a matter of public interest and locus standi on open government and public participation is available to any person whether corporate or incorporate acting individually or as a group. He cited SHELL PETROLEUM DEVELOPMENT COMPANY LIMITED & 5 ORS V. E.N. NWANKWA & ANOR (2001) 10 NWLR (PT. 720) 64 @ 82. Concluding the issue, Counsel argued that by virtue of Section 14 of the 1999 Constitution, the Appellant being an organisation of unemployed youths has legal right to sue and be sued.

  On issue two, Counsel to the Appellant submitted that 1st Respondent is under a duty to enforce the provisions of the Freedom of Information Act particularly as it relates to storage and disclosure of information in soft, hard and retrievable copies, and the Respondents are under an obligation to facilitate access to declaration in its custody. He relied on Section 9(2) of Freedom of Information Act 2011.

  On issue three, Counsel submitted that this Court hearing this case as whole as Court of first instance is encouraged by the mode of commencing the action. He cited Section 15 of Court of Appeal Act 2004, EKASA V. ALSCON PLC (2014) 16 NWLR (PT. 1434) CA 542 a 562-563 PARAS G- D. Counsel submitted that it will lead to injustice and unnecessary hardships to remit the case back to the lower Court for consideration.

Respondent’s Submission

In response, Counsel to the Respondents contended that while considering the issue of jurisdiction, right of parties does not exists at this stage. He submitted that the lower Court was accurate in holding that the plaintiff has no locus standi to institute the action. He cited the case of ARARUME VS. B IBEZIM (2021) ALL FWLR (PT. 1101) in support.

Counsel further argued that it is immaterial if assets declaration qualifies as a public document, the Respondents’ refusal to give out assets declaration to Plaintiff/Appellant stems from the provision Section 37 of the 1999 Constitution which guarantee individual Fundamental Right to Privacy as well as Section 5 (1) of the 1999 Constitution.

Resolutions of issues

In resolving the appeal, the Court adopted the issues raised by the Appellant. On issue one, the Court stated that the burden of proving locus standi rest on the Appellant. As to how that burden is to be discharged in an action commenced by originating summons where the averments in the affidavit were uncontroverted, the Court cited the case of A.P.C. & ANOR VS. ENGINEER SULEIMAN ALIYU LERE & ORS (2021) 16 EPR 389 to hold that where an opposing party fails to file counter-affidavit to contest the deposition in the plaintiff’s affidavit, the content of the plaintiff’s affidavit would be deemed unchallenged and therefore true. The Court then held that in view of the plaintiff’s unchallenged affidavit, the plaintiff had sufficiently established locus standi to institute the action.

  On issue two, the Court interpreted the provisions of Sections 2 and 3 of the Freedom of Information Act, 2011 and the provisions of paragraph 11 of the Fifth Schedule to the 1999 Constitution to determine whether the declaration of assets of public officers should be made public? The Court held that by the provision of Sections 2 and 3 of the Freedom of Information Act, 2011, the Code of Conduct Bureau is the only body with the functions and powers to verify the declaration of assets of a public officer. The public has no such powers except as approved or authorized by the Code of Conduct Bureau for such purpose as required by the provision of Paragraph 11 of The Fifth Schedule to the 1999 Constitution. As such, the Appellant cannot have access to the Assets Declaration Forms of public officers for the purpose of verification. The Court cited the case of CODE OF CONDUCT BUREAU & ORS VS. NWANKWO (2018) LPELR 44762 (CA) in support.

  On issue three, the Court stated that in the absence of any authorization by the Code of Conduct Bureau, the general public cannot verify declaration of assets by public officers. Therefore, the claim of the Appellant at the trial Court cannot stand. The Court therefore dismissed the case of the Appellant at the trial Court for lacking in merit.

Held

The Court allowed the appeal in part. The Court set aside the judgment of the trial Court wherein the suit was dismissed for lack of locus standi. In its place, the Court held that the claim of the Appellant was lacking in merit and thus dismissed same.

Appearances:

President Aigbokhan

– For Appellant(s)

Eke Felicia Ngozi, holding brief of Ehinon Okoh                                – For Respondent(s)

• Compiled by LawPavilion

By Bode Monogbe

Justice Adeniyi Pokanu of the Lagos High Court sitting in Ikorodu has adjourned till September 29, a suit seeking to recognise Chief Matthew Adetayo Shodipo and Nurudeen Oseni of the Lambo Lusunwon Royal Family as the authentic Olotu and Baale of  Orija-Okegbegun community in Ikorodu, Lagos.

The Lasunwon Royal Family prayed the court to declare Chief Matthew Shodipo as their Olotu and Nurudeen Oseni as the only recognised Baale. They warned some youths to stop contending against them as the rightful candidates installed through due process by the family.

They prayed the court to recognise the Olotu as the authentic leader that has the right to select the Baale of Orija-Okegbegun community as it was done in the past.

The family wants the court to declare the installation of Alhaji Akeen Shodipo and Idris Adeowo as Olotu and Baale as unconstitutional.

They added that Shodipo has been performing the duties of Olotu since 2004 before the youth hijacked the affairs of the family and installed Alhaji Akeem Shodipo as Olotu and Idris Adeowo as Baale same day, contrary to the tradition.

Akeem Adekunle Shodipo, Idris Adeowo, Pa Jimo Mabogaje, Nurudeen Adenuga and Oba Kabir Shotobi are respondents in the suit marked 8043GCMW/2021.

Read Also: Customs can rejuvenate economy, says Adeniyi

The Lambo Lasunwon Royal Family said there was conflict within the royal house over the rotation of kingship which the family said was still a matter in court.

They said Chief Matthew Shodipo, the Oloto, took over the mantle of leadership in 2004 after the death of Chief Ezekiel Owoyemi Aina who was installed in 1984.

They said the claimant and the defendant are from the Lupebi Branch of the family.

However, counsel to parties adopted the final address of their case which adjourned by Justice Pokanu till September 29, for judgment.

The Lambo Lasunwon Royal Family said there was a conflict within the royal house over the rotation of kingship.

The issue is still being contested in court, same for the confirmation of Olotu and Baaleship of Orija Okegbegun community.

The family said Chief Matthew Shodipo, the Olotu, took over the mantle of leadership in 2004 after the death of chief Ezekiel Owoyemi Aina who was installed in 1984.The claimant and the defendant are from the same Lupebi branch of the family.

However, counsel to parties adopted the final address of their case upon which the matter was adjourned by Justice Pokanu until September 29 for judgment.

The O. B. Lulu-Briggs Foundation has awarded 63 Rivers State students in the Nigerian Law School (NLS) a grant of N120,000 and a brand-new laptop each at its 14th Law School Students Scholarship award ceremony in Port Harcourt,  the Rivers State capital.

The 63 recipients were this year’s beneficiaries of the Foundation’s Law School Students Scholarships, from which 868 have benefited since its inception in 2009.

Chairman of the Foundation, Dr.  Seinye O. B. Lulu-Briggs affirmed its belief in the transformational capacity of quality education.

She said: “The O. B. Lulu-Briggs Foundation firmly believes in the power of education and its ability to transform lives. Our Education and Scholarships Programme improves access and attainment through initiatives supporting students who would otherwise be shut out due to financial constraints.”

Read Also; After darkness comes the glorious dawn

“We understand that pursuing a career in law is a challenging task. It demands an indomitable spirit, tireless effort and an unwavering commitment to upholding justice and to defending the rights of others.

“We recognise the tremendous trials that law students face, both academically and financially. That is why we established this scholarships programme to provide a helping hand and support brilliant young minds on their journey towards becoming future leaders in the legal field.”

She added that the awardees, “have demonstrated unwavering dedication, immense talent and a passion for the pursuit of justice throughout their studies. Therefore, assisting such extraordinary young minds with a scholarship that includes N120,000 and a brand-new laptop is an honour”.

Mrs Lulu-Briggs charged the awardees to use the resources wisely and remember the values that led them to pursue a career in law.

“As future legal professionals, you have a unique opportunity to uphold the universal and timeless principles of justice and fairness. After completing Law School, I implore you also to use your legal knowledge and skills to champion the cause of justice, advocate for those who cannot speak for themselves and defend the marginalised,” she said.

In her lecture entitled: ‘Technology and the Legal Profession: Transforming the Legal Landscape,’ retired Chief Judge of Bayelsa State and the guest speaker, Justice Kate Abiri, said integrating technology in the legal landscape has enhanced efficiency, accuracy and accessibility.

Justice Abiri highlighted how Artificial Intelligence, blockchain technology, Online Dispute Resolution and E-discovery have transformed the legal profession.

She said Artificial Intelligence had emerged as a game changer in the legal field, transforming how lawyers perform research, analyse data and provide legal advice.

“Traditionally, lawyers had to review and analyse mountains of electronic data during litigation manually. AI algorithms, equipped with machine learning capabilities, can quickly identify and flag relevant documents, saving time and reducing costs. These advancements streamline the legal workflow and minimise human error, ensuring accuracy and consistency,” she said.

Justice Abiri further stressed that lawyers needed to adapt to the technological advancements, noting that failure to do so “can result in reduced efficiency, decreased competitiveness and a diminished ability to serve clients effectively. As technology evolves, lawyers must develop technological literacy and embrace digital tools to enhance their practice.”

She, however, warned that lawyers must pay attention to data security and privacy when adopting technology.

“The increased reliance on technology exposes law firms and their clients to potential cyber threats and data breaches. Implementing robust cybersecurity measures, training staff on best practices, and staying informed about evolving threats are essential for safeguarding sensitive client information and maintaining trust.”

Deputy Director-General and Head of Campus, Nigerian Law School, Port Harcourt and the Chairman of the event, Mr Chinonso Mmuozoba, spoke in the same vein, adding that the students will benefit from adopting technology.

Senior Advocate of Nigeria, O.C.J. Okocha and other speakers, including the representative of the Rivers State Attorney-General, all commended the O.B. Lulu-Briggs Foundation’s uncommon philanthropy for boosting legal education in the country through its Law School Students Scholarship to grow young legal minds.

Okocha said, “I congratulate the O.B. Lulu-Briggs Foundation for sustaining this scholarship scheme over the years. I also congratulate the recipients and advise you not to take this for granted. You are a select few from the many that applied. I know that financial resources are not so readily available to your parents and those supporting your education, so use what you have been given well. Also, remember that honesty and dedication are hallmarks of this profession.”

Beneficiaries of the scholarship also applauded and thanked the Foundation, promising to use the resources well.

Eminent jurists, lawyers and monarchs including the Chief Judge of Rivers State, Justice Simeon Amadi, former Rivers State Attorney General and Commissioner for Justice Worgu Boms, King (Dr.) Dandeson Douglas Jaja, JP, Jeki V, Amanyanabo and Natural Ruler of Opobo Kingdom of Rivers State, His Majesty, Eze Amb. Kelvin Ngozi Anugom DSSRS JP, Eze Ekpeye Logbo III, and Sir Hon Allwell Ihunda, the Port Harcourt Mayor who was represented by Chile Owuru, Secretary of the Port Harcourt City Local Government, attended the ceremony.

A civil society group, Prisons Rehabilitation and Welfare Action (PRAWA), has urged federal and state legislatures to hasten the amendment of criminal laws and decriminalisation and declassification of minor and petty offences   to decongest the prisons.

PRAWA recommended that the laws need to be amended to reduce the kind of offenses that necessitate pretrial detention;

It also affirmed the need for a nationwide screening and assessment of all children and young persons in pre-trial detentions for the purpose of their possible release or diversion.

The recommendation was contained in a communique after a two-day conference on corrections and decongestions administration in Nigeria held at Ladi Kwali Hall Abuja Continental Hotel, and organised by the Ministry of Interior, in collaboration with PRAWA and the Nigerian Correctional Service with the support of Open Society Initiative for West Africa (OSIWA) and United Nations International Children Emergency Fund (UNICEF).

 The participants were drawn from institutions and agencies of the criminal justice sector , development partners and Civil Society Organisations focused on Decongestion of Correctional Centres and Corrections Administration in Nigeria.   

They discussed issues bordering on sustainable strategies for reducing high number of pre-trial detainees in custodial centers; strategies to promote effective implementation of non-custodial measures; strategies to promote effective reformation, rehabilitation and reintegration of inmates and ex-inmates; performance review, monitoring and oversight mechanisms; corrections management and the concurrent role of federal and state governments.

Read Also: Naira exchanges for N871/$ at parallel market

 Aside suggesting a synergy between the arresting bodies and prosecuting agencies of government, the participants urged full implementation of Section 12 of the Nigerian Correctional Service Act, 2019.

They called for full implementation of Administration of Criminal Justice Act (ACJA) and Administration of Criminal Justice Law (ACJL) for states that have domesticated same and by states that are yet to domesticate it

They urged federal and state governments to build more structures to accommodate more inmates at custodial centres.

The participants identified factors that bring about the high number of  awaiting trial prisoners (ATPs) to include slow dispensation of justice, especially for capital offenders, delay in prosecution of criminal cases, inadequate pro-bono services especially for the  less privileged inmates, frequent transfer of judicial officers and prosecuting police officers leading to stalling of cases, increase in crime rate due to population growth, stringent bail conditions for most offences.

Others are inadequate  security personnel both for  the custodial centers and other law enforcement agencies and logistics for taking inmates to and from courts; corruption by some government officials in the justice system; underdeveloped and underfunded criminal justice system; the system of using physical files result in cases of missing case files and lack of implementation of the existing laws particularly ACJA among others.

As a way out of these problems, the conference recommended increased pro bono services and  improved  access to  pre-trial detainees in the custodial centers by agencies statutorily mandated to provide free legal services and CSOs.

It recommended the implementation of non-custodial sentencing especially the community service sentencing, parole among others.

It advised on the need for  Judges and magistrates to take into consideration the detention periods spent by inmates during sentencing and affirmed the need for transfer of   mentally ill detainees to special facilities.

It suggested that steps should be taken to establish a system for collection of data base of all persons in detentions in Nigeria.

It emphasized  the need to enhance synergy between the Legal Aid Council of Nigeria, National Human Rights Commission (NHRC) and non-governmental organizations.

It advised on the need to situate courts within the custodial centers to take care of pre-trial detainees and to strengthen the use of virtual courts.

The communique emphasized the need to clarify the roles of the state and the federal governments in the area of corrections now that it is on the concurrent list.

The effective implementation of the provision of the Correctional Service Act for the issuance of certificates of good behavior to inmates who have demonstrated good conduct, including those who have acquired training through formal and informal education aimed at facilitating their reintegration.

It urged government to ensure the provision of interim housing for ex-inmates upon their release as well as access to grants and loans to allow them effectively put skills acquired during incarceration to use and to bolster their after-care support.

On the issue of issue of terrorism, it said there is need for extra measures to be taken, emphasizing that the federal government should cover this area due to the fact that the state government might not be equipped to adequately handle it.

The participants made a case for government to provide adequate logistics to enable transportation of inmates to courts and to ensure training and retraining of the police and other law enforcement agents with the mandate to arrest and detain, courts and correctional service personnel.

They also urged the government to take steps to ensure funding and budget allocation to stakeholders in the administration of criminal justice especially the Legal Aid Council of Nigeria.

Two Senior Advocate of Nigeria (SAN),  Chief Joe-Kyari Gadzama and Chief Bolaji Ayorinde, have advocated multiple bar associations.

Gadzama, who is the President, Box Populi Foundation for Leadership, made the suggestion in his goodwill message to the first Annual Conference of the Nigerian Law Society, which held virtually yesterday.

The theme of this conference was “Justice for All” while the Keynote address was entitled: “Freedom of Association of Legal Practitioners: Navigating the Web of Statutory Professional Regulations”.

Gadzama said in other climes, lawyers were not confined to one law society, adding that they have the freedom to belong to multiple law-related associations, thereby strengthening professional networks and fostering diverse perspectives.

The learned silk, who is also a member of the English Bar,  argued that there is a lot of  benefits that come from being a part of multiple legal associations

He said this would allow lawyers  to tap into a diverse pool of expertise, access international networks, and enrich our understanding of global legal trends.

These associations serve as essential platforms for advocacy, professional development, uphold the cause of justice, rule of law and the protection of human rights.

Read Also: Naira exchanges for N871/$ at parallel market

He cited countries where lawyers belong to multiple bar associations to include South Africa, which he said has various law-related associations, including the Law Society of South Africa, South African Bar Association, the KwaZulu-Natal Law Society, the National Bar Council of South Africa, and the General Council of the Bar of South Africa.

“In Namibia, lawyers have the opportunity to be part of multiple law-related associations such as the Society of Advocates of Namibia and the Law Society of Namibia.

“Ukraine, too, boasts more than one umbrella body devoted to protecting the interests and welfare of legal practitioners.The Ukrainian National Bar Association and the 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 the Pan African Lawyers Union (PALU)”.

He also cited other professions in Nigeria with multiple professional bodies.

He said: “In the realm of accounting, Nigeria is home to two prominent associations – the Institute of Chartered Accountants of Nigeria (ICAN) and the Association of National Accountants of Nigeria (ANAN). Both ICAN and ANAN are dedicated to promoting excellence in the accounting profession, setting professional standards, and ensuring the highest level of integrity among their members.

“Similarly, in the labor movement, Nigeria has both the Trade Union Congress (TUC) and the Nigeria Labour Congress (NLC)”, noting that both organisations serve as strong advocates for the rights and welfare of workers in the country and play essential roles in negotiating with employers, addressing labour-related issues, and championing workers’ interests.

“In the field of alternative dispute resolution, we find the Chartered Institute of Arbitrators (CIArb) from the United Kingdom and the Nigerian Institute of Chartered Arbitrators (NICArb) in Nigeria. Both CIArb and NICArb provide specialised training and certification for arbitrators and mediators, promoting the use of alternative dispute resolution mechanisms to ensure efficient and fair resolution of disputes.”

He argued that like in the legal profession, the multiple associations within these fields allowed professionals to access various resources, engage in specialised training, and participate in various advocacy efforts.

“This diversity of associations also fosters healthy competition, encourages innovation, and offers professionals a range of opportunities to contribute to their respective callings’ growth and development” he further stated.

He urged the gathering to reflect on the freedom of association and its significance in strengthening the legal community.

Chief Ayorinde, who delivered the keynote paper with the topic: “Freedom of Association of Legal Practitioners: NavigatingThe Web Of Statutory Professional Regulations”, also said “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 learned silk likened the law establishing NBA to that of the Medical and Dental Practitioners Act, which empowers their council to regulate the affairs of the profession but does not restrict it to some association or presume that everyone must belong to an association to practice their profession.

Chief Ayorinde also cited many countries with multiple bar associations.

According to him, “The NBA is mentioned not just in Section 1 of the Legal Practitioners Act (LPA) but indeed, the NBA enjoys quite a great number of mentions in the LPA and Bar Council’s Rules 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 to 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”, he argued.