Category: Law

Last Tuesday’s brawl between the Department of State Security (DSS) and Nigerian Correctional Services (NCoS) over suspended Central Bank of Nigeria (CBN) Governor Mr. Godwin Emefiele casts the spotlight on why a security agency’s ‘power’ to detain should not trump another agency’s right to detain a defendant that has been granted bail. ROBERT EGBE reports

When a court grants an order remanding a defendant, what follows? In a democracy, the next step should not be contentious. Or should it? The events of last Tuesday on the hallowed grounds of the Federal High Court in Lagos between the Department of State Security (DSS) and the Nigerian Correctional Services (NCoS) seem to suggest that the matter, for sometimes reasons beyond law, is not as simple as it would seem.

Hooded, machine gun-toting DSS operatives went physical with NCoS officials and assaulted an unarmed NCoS Commander in public glare. The secret agency exercised its superior coercive power against pistol and rifle-bearing NCos officials, who had just received the lawful right to take custody of the suspended Central Bank of Nigeria (CBN) Governor Mr. Godwin Emefiele following the bail granted him by the court. Having won the muscle-flexing battle, the DSS whisked Emefiele away.

The incident, which occurred 47 days after the DSS arrested the banker in Lagos on 10 June, left many shocked Nigerians scratching their heads.

Genesis

It was not the first time the DSS would attempt to arrest the embattled top banker, but it was his first and only arraignment yet.

Last year, the agency applied for a court order to detain Emefiele, for an alleged criminal investigation.

But the banker obtained a restraining order from an Federal Capital Territory (FCT) High Court, keeping the service at bay until the end of the tenure of former president Muhammadu Buhari.

Following his arrest on June 10 and the secret police’s failure to prosecute or release him, Emefiele approached the High Court, Abuja seeking enforcement of his fundamental rights to freedom of movement and dignity.

He demanded compensation of N5 million as exemplary damages for his alleged unlawful detention.

On July 13, Justice Hamza Muazu issued a one-week ultimatum to the DSS to either charge the detained suspended Emefiele to court or set him free.

Forced to act, the DSS issued a statement, saying it had charged the banker to court.

“The service assures the public of professionalism, justice and fairness in handling this matter, and indeed the discharge of its duties within the confines of the law,” spokesman for the secret police, Dr. Peter Afunanya, said.

Arraignment

Last Tuesday, the DSS, through the Federal Ministry of Justice, arraigned Emefiele on a two-count charge before Justice Nicholas Oweibo of the Federal High Court, Ikoyi, Lagos.

The first count was on possessing a single-barrel shotgun (JOJEFF MAGNUM 8371) without a licence, while the second count was having in his possession 123 rounds of live ammunition (Cartridges) without a licence.

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Both charges were said to be in contravention of sections 4 and 8 of the Firearms Act Cap F28 Laws of the Federation, 2004, punishable under section 27 (1)(b)(i) of the Act.

Emefiele denied the charge.

“My Lord, I am not guilty,” he said.

His team of counsel, led by a former President of the Nigerian Bar Association (NBA) Chief Joseph Daudu (SAN), applied for his bail.

Justice Oweibo held: “I find and hold that the prosecution has failed to establish why the defendant should not be granted bail.

“Consequently the defendant is admitted to bail in the sum of N20 million with one surety in the like sum.”

He adjourned till November 14 for trial.”

The judge remanded Emefiele in the custody of the Ikoyi Correctional Centre, Lagos, pending the fulfilment of his bail terms.

The prosecution had prayed the judge to remand the defendant in the DSS’ custody for further investigation on another matter that may soon be filed in court.

Drama

Shortly after the ruling, DSS operatives strategically positioned their Hilux Pick Up van used in bringing Emefiele to court, in a manner suggesting that they wanted to take him back to their detention centre.

This prompted Daudu and other lawyers to raise the alarm that Emefiele was about to be re-arrested by the secret police.

A reinforcement of armed NCoS officials soon arrived intent on enforcing the court’s bail ruling and, following a tense standoff, things took a dramatic turn.

An NCoS Squadron Commander accompanied by his officers entered the courtroom where Emefiele was holed up with his lawyers.

Responding, DSS operatives, strategically positioned around the premises in their numbers, blocked the court gates with their vehicles, preventing anyone from driving out.

Shortly after, DSS operatives bundled the Armed Squad Commander of the NCoS, Williams Udom, out of the courtroom.

It was gathered that he attempted to take Emefiele into custody as ordered by the court.

They roughed him up, pushing and dragging him by his shirt and singlet down the staircase until they cut the buttons off his uniform. 

Other angry NCoS officials maintained restraint as their boss was manhandled. One of them brought out his pistol but did not use it.

It took the intervention of a senior female DSS official, who arrived at the scene hours after the standoff and had a brief chat with NCoS officials and her operatives to douse the tension.

Shortly before 3pm, the NCoS officials withdrew from the court.

The hours-long standoff came to an end  about 3:04pm when the DSS officials seized Emefiele as he stepped out of the courtroom, and sped off with him in a waiting Hilux pickup truck.

NCoS’ right to custody vs DSS’ power to detain

Who was to blame for the embarrassing incident? Should the DSS have left Emefiele in the NCoS’ custody? Or should the NCoS have handed him over to the secret police? How should the dispute have been handled? These and more were the questions on the lips of many Nigerians. Many observers described the incident as a classic example of the DSS’ might over the NCoS’ right. Were they correct?

In his column, ‘All the drama around Emefiele’, Simon Kolawole, referencing comments by some lawyers, queried both agencies’ conduct.

About the NCoS’, he said: “Prison warders started tussling with DSS operatives over Emefiele’s custody. Is there no formalised process of handing over a suspect from one agency to the other, with the help of paperwork?

“As some lawyers have pointed out, if the DSS refused to obey the court order, it was not in the place of the warders to seek to enforce it. It is Emefiele’s lawyers that would have to apply to the court for contempt proceedings against the secret police. The way the prison officials were hustling to take Emefiele away suggested that they had hit a jackpot. It was like a hunter catching a big game. The prison officials felt someone was trying to deny them their monumental catch.”

But other lawyers and activists noted that Emefiele had been granted bail and remanded in the NCoS’ custody, thus, in their view, the DSS acted unlawfully and denied Emefiele his constitutional right to perfect his bail

DSS acting like it is above the law, says Okutepa

But Senior Advocate of Nigeria (SAN) Jibrin Samuel Okutepa’s view was different.

Sharing his thoughts on Twitter, Okutepa said the DSS exhibited might over right.

He said: “Nigeria is sliding into dictatorship. Rule of law no more in practice. While we operate the rule of law in theory we operate in practice despotism and totalitarian regime under the colour of democracy. The show of shame today between DSS and Correctional officers supports my position.

“I have always said that those in power operate political vendetta and no rule of law. Why is DSS now all over the place? Is DSS above the law of the land? In a country where rule of law holds sway, the judiciary is respected and nobody is allowed to subvert judicial orders.”

The Silk laid the blame at the judiciary’s feet.

Okutepa said: “But in Nigeria, the judiciary is held in contempt by those who ought to be in prison. The judiciary itself has refused to assert its supremacy. When it is treated with disrespect it does nothing. When I read Law I was told you should report contempt of court to the court.”

Ogunye: DSS had no right to intervene

Activist-lawyer Jiti Ogunye also expressed disgust at the incident, blaming it on the DSS.

“As a Nigerian, not just as a lawyer, I found what happened in court very outrageous and indefensible,” Ogunye stated during a live appearance on Channels Television’s Politics Today.

“That act affronts our sense of decency. It affronts our sense of what is basic and what is acceptable in a court of law and its prescience. It’s unacceptable.”

“Ordinarily, what should have followed is that the Correctional Service would take custody of him because there would have been a remand or detention warrant issued by the court directed to the deputy controller of Ikoyi Prisons to take custody of the person of Emefiele and not the DSS.”

“There shouldn’t have been any reason therefore for the DSS to intervene at that point to effect his arrest,” Ogunye said.

The legal expert argued that in the event that the DSS had a reasonable ground or pretext for re-arresting him in connection with other offences that the public might not know of and to which effect no disclosure had been made, the lawyers of the security agency should have informed the court while that bail was being considered.

Effiong: Court’s bail order for Emefiele was binding on DSS

The views of another activist-lawyer, Inibehe Effiong, was similar.

Effiong said: “Section 287 (3) of the Constitution is clear. The order of the Federal High Court has binding force on all authorities and persons throughout the Federal Republic of Nigeria. Once a court has made a positive pronouncement, it takes immediate effect.

“The order of Justice Oweibo remanding Godwin Emefiele cannot be subjected to any administrative review or process. It is actually sad that I have to tweet this. The law and practice are so basic on the issue. The SSS had no justification in law for their irresponsible action.

“Assuming without conceding that the SSS has a fresh charge or case against Emefiele, they should have first obeyed the order of Justice Oweibo. Emefiele has been in their custody for a long time. Whatever case(s) they have against him should have been investigated and concluded by now.

“If they wanted to arraign him afresh, all that they needed to do was to file the fresh charge, apply for a production warrant from the court and cause it to be served on the Correctional Service who will then produce Emefiele in court to answer to the fresh charges.”

He described the DSS’ action as “Gestapo conduct” saying it was consistent with their “shameful history of lawlessness.”

NBA: incident shameful

NBA President, Yakubu Maikyau (SAN) described the incident as “despicable”, “shameful and disgraceful”, saying it was “evidence of the lack of discipline and absence of professionalism that continues to plague key security institutions in Nigeria.”

Maikyau warned in a statement: “A situation where officers of Federal Government agencies engage in a fight as witnessed by the public, for whatever reason, is antithetical to our security as a nation and creates a recipe for anarchy and chaos.

“The NBA further condemns the brazen disrespect for the sanctity of the court premises. The courts and judicial processes remain the barometer by which the conduct of persons or agencies of government are gauged in assessing the rule of law.”

Ubani to Fed Govt: call DSS to order

A former NBA Vice President, Mr. Monday Ubani, also accused the DSS of disobedience to court orders and urged President Bola Tinubu to enforce the rule of law.

Ubani, in a statement, said: “Their (DSS) penchant and impunity in disobeying court orders need the bold condemnation of the Nigerian Bar Association to nip their contempt for the rule of law in the bud.

“We do not need to patronise them at all as they are hell-bent on destroying the rule of law and by extension our hard-won democracy.”

Court rejects SSS’ request to elongate Emefiele’s detention

Last Thursday, an Abuja High Court declined an application by the secret police seeking to detain Emefiele for another 14 days.

The DSS quietly filed the application following its disobedience to the Federal High Court in Lagos order granting bail to him.

According to media reports, that the DSS told the court in the application that it had uncovered fresh evidence that warranted the request for the order.

• Suspect declines comment

Security agencies have launched a probe over an alleged N125billion fraud affecting a 24-year concession agreement with the Nigerian Army Shopping Complex – The Arena – at the Ikeja Cantonment, Lagos.

The Nation learnt that investigators from the Police, Economic and Financial Crimes Commission (EFCC) are  examining allegations linking a businessman Mr. Whoba Ogo, a lawyer, senior army officers, bankers and a security firm, among others, to the crimes.

Mr. Ogo did not respond to our correspondent’s enquiries about the matter.

He received The Nation’s questions at 8:42pm on Sunday, read it at 10:16pm same night but did not respond. He also read but did not reply to a copy of the petition sent to him same time on WhatsApp.

Ogo also neither replied to a text message and another message to his Facebook page from our correspondent.

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Investigators, it was learnt, have also linked the alleged crime to a major foreign exchange racketeering involving some commercial banks in violation of CBN FOREX regulations.

Several sources close to the investigation told our correspondent that the security agencies are discovering evidence for money laundering, advance fee fraud, forgery, stealing and criminal conspiracy and conversion of over N125billion against Ogo and the other suspects.

Our investigation shows that Mr. Ogo is believed by investigators to have fled the country with his family to the United States.

It was also learnt that the N125b, and counting, is the property of a firm, Woobs Resources Limited whose Managing Director/Chief Executive Officer, James Onyemenam, has petitioned the Inspector-General of Police (IGP) and the EFCC

Onyemenam, it was gathered, has also filed and won suits against Ogo at the Lagos Court of Arbitration and the Federal High Court of Nigeria while another suit is pending at the Court of Appeal.

EFCC and NPF sources, on oath of anonymity, said they were also investigating why it had taken almost 12 years to resolve the matter, despite court judgments.

In two of the petitions that prompted the investigation, seen by our correspondents, Onyemenam urged security agencies to get to the root of the matter.

He identified Ogo as his former business partner and minority shareholder, who allegedly connived with several accomplices to unlawfully remove him from the firm, to clear the way to defraud the company.

Onyemenam, an architect, said the fraud was committed in the course of the company’s execution of the 24 years concession to design, finance, construct and operate a modern market (the Nigerian Army Shopping Complex – The Arena) at the Ikeja Cantonment, Lagos.

In his petition, he told the IGP and the EFCC Chairman that Ogo in connivance with several accomplices, including bank officials, converted the money belonging to the company and had been using same to acquire properties in Nigeria and abroad.

According to him, Ogo absconded with his family to Texas, the U.S. over 23 months ago immediately the EFCC commenced its investigation in May 2021, from where he has continued to carry out his illegal activities.

The Nation reports that the Federal High Court in Lagos has upheld the EFCC’s right to probe the allegations, after dismissing Ogo’s suit seeking to restrain the agency.

Ogo did not respond to The Nation’s question on whether he had indeed fled.

The firm’s CEO appealed to the IGP to direct investigation into the case to arrest and prosecute the suspects, if the investigation finds them culpable.

Onyemenam, a majority shareholder in the firm, made the allegations in a May 18, 2023 letter to the IGP titled “Complaint of criminal conspiracy to wit: money laundering, advance fee fraud, forgery, stealing and criminal conversion of N125billion and counting, property of Woobs Resources Limited against one Whoba Ogo and others.’

He said: “Mr. Whoba Ogo (a director and minority shareholder of the company) and I entered into a Joint Venture Agreement (JVA) by which we agreed to use the company as the joint venture vehicle to bid for and execute The Arena project for the Nigerian Army;

“I am aware that as from 2009 to date the suspect Whoba Ogo and others have conspired amongst themselves together and with the company’s banks to criminally convert the sum of N125 billion and still counting using the same to acquire properties all over Nigeria and abroad.

“As the majority shareholder and Managing Director/Chief Executive Officer of the company, I hold 275,000 shares out of the company’s issued share capital of 500,000 shares.”

He explained that the Nigerian Army granted the company a 24 years concession to design, finance, construct and operate a modern market (the Nigerian Army Shopping Complex – The Arena) located at the Ikeja Cantonment, Lagos on a Build, Operate and Transfer basis.

The Arena, with all its infrastructure, is expected to be transferred back to the Nigerian Army at the expiration of the 24 years and 2 two years construction moratorium.

It was also noted that the financing of the project was carried out with borrowed funds from his banker, Messrs. Oceanic Bank International Plc (now Ecobank Plc) and other creditors (ie. contractors and consultants).

He added: “I got a final award dated 6 March, 2015 from an arbitration tribunal.”

The tribunal Award was seen by our correspondent.

The petitioner noted that furthermore, the Federal High court in Lagos in a judgment delivered by Justice Faji on 27th April, 2020, dismissed Ogo’s application to set aside the arbitral award and granted his application for the enforcement of the said Award as well as perpetual injunction restraining Whoba Ogo from obstructing his contractual rights.”

He alleged that it is from the proceeds of illegal transactions that Mr. Whoba Ogo acquired several following properties listed in the petition.

The Punuka Foundation Childcare Centre will be opened on Sunday, as part of the year-long events to mark the centenary of the late Supreme Court Justice, Chukwunweike Idigbe.

The late Justice Idigbe founded the law firm of Punuka Attorneys and Solicitors.

The centre will be blessed by the Archbishop of the Metropolitan See of Lagos, Most Rev Alfred Adewale Martins.

Former Lagos State Deputy Governor, Princess Adejoke Orelope-Adefulire, would inaugurate the centre.

A Kano State-based medical professional and public health specialist, Dr. Amina Abdullahi Umar, will deliver the keynote address.

The foundation was founded by the senior partner of Punuka Attorneys & Solicitors, Dr. Anthony Idigbe (SAN) and the Managing Partner, Mrs Elizabeth Idigbe in 2004 to help the needy, particularly challenged children.

It focuses on children and young adults with developmental needs such as autism, down syndrome, cerebral palsy, Attention Deficient Hyperactivity Disorder (ADHD) and related conditions.

Mrs Idigbe said in a statement: “In line with its vision, the Foundation commenced the conception, design and construction of the Childcare Centre in 2007 and completed it in 2023.

“The facility is planned to have the right facilities and specialist staff to provide the needed therapy sessions, learning sessions and other intervention programmes.”

Read Also: Idigbe: In celebration of a jurist with deep legal knowledge

Mrs. Idigbe said the inauguration will coincide with her husband’s birthday.

“Dr. Idigbe has requested that all gifts intended for him on his day should be monetised and donated to the Punuka Foundation to assist it with its numerous intervention projects,” the statement states.

Chairman of the Centenary Organising Committee and a partner at Punuka, Mr. Nnamdi Oragwu, said the year-long events would continue on August 12, with the inauguration of the Justice Chukwunweike Idigbe Museum and Youth Centre in Asaba, the Delta State capital.

This will be chaired by Chief Thompson Okpoko (SAN), with Delta State Governor Sheriff Oborevwori as the special guest.

On August 11, a public lecture with the theme: “The Impact of Justice Idigbe on Nigerian Commercial Jurisprudence through his judgements” will be held at the NBA Bar Centre in Asaba.

Professor Poonam Puri from Osgoode Hall Law School in Canada will be the guest lecturer.

On the same day, the “Justice Idigbe E-Library and Resource Centre” will be donated to the NBA Asaba branch.

Associated Property Development Company Ltd yesterday recovered possession of Foreshore Towers in Ikoyi, Lagos following last Thursday’s order of the Federal High Court sitting in Lagos.

The firm, as plaintiff/respondent in Suit FHC/L/CS/4767/2008 executed the order made by Justice Daniel Osiagor against six defendants/respondents who were in alleged unlawful occupation.

The Foreshore Towers premises comprised, among others, the high-rise and Pee Galleria Shopping Mall buildings.

The first to sixth defendants/respondents are the Federal Ministry of Communications and Technology, Otunba Olusola Adekanola, Nigeria Telecommunications Limited, Federal Ministry of Lands, Housing and Urban Development, Implementation Committee on Alienation of Federal Government Property and the Attorney-General of the Federation. 

The judge made the order after hearing Abubakar Shamsudeen for the plaintiff/applicant, Dr. Roland Otaru (SAN) for the second and third Defendants with J. A. Oladapo, and I. Eigbe for the 4th and 5th defendants.

The plaintiff/applicant informed the court that the property had been unlawfully taken over by policemen, contrary to the court’s order.

Justice Osiagor held: “The court having heard the submission of all counsel with respect to the flagrant disobedience of its order to maintain status quo given on the 23rd of May, 2023.

“It is hereby ordered as follows: That the Inspector-General of Police and his subordinates should hereby vacate the premises immediately and revert possession to the earlier possessee – the Plaintiff.

The judge adjourned till October 30, 2023 “for defence of the first and sixth defendants.”

Associated Property Development Company Limited’s Human Resources/Admin Manager, Mrs. Joyce Ogala, who executed the order alongside court officials, noted that some of the property had been vandalised allegedly during the respondents’ occupation.

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Ogala said: “This morning (yesterday) we had an execution of the court order following what happened on Friday. We have now repossessed the property from the illegal persons that occupied it, claiming they were from the BPE, the Federal Government, and all sorts of places. So, we’ve taken possession back based on the court order.

“A lot of things have been damaged. Our automated sliding door was damaged, the spring is badly damaged that it cannot close on its own, it’s not working properly. A lot of water pipes have been broken, the generator house was tampered with, the lift house was tampered with, and our diesel tank as well.

“A lot of places that were padlocked, we’ve been able to open them and then the cameras that were sealed we’ve been able to unbind them, everything is fine.”

But the three policemen who occupied the premises refused to leave saying they were under orders not to vacate the premises until their commander confirmed that Justice Osiagor’s order was genuine.

They were later joined by seven other policemen.

The forceful take-over of the prime property by a detachment of police operatives came against the backdrop of a ruling by the Federal High Court refusing an application by the BPE to join in the ownership tussle over the property.

The police operatives invaded the property penultimate Sunday and forced out all tenants before sealing it, saying they were acting on “order from The Presidency (Bureau of Public Enterprises).”

The Federal High Court in Lagos has summoned top officials of the National Drug Law Enforcement Agency (NDLEA) in Lagos following a N3.7 million bribery allegation by a convict, Mrs. Fatima Hassan.

Justice Akintayo Aluko invited the Lagos State Commander of the Agency, Umar Isa Adoro; the Officer-in-Charge (O/C) of Squad A (Chief Superintendent of Narcotics, CSN) Quatu Mohammed and one ‘Officer Sanni’ to respond to the claim.

Mrs. Hassan, a mother of three, alleged that Sanni, who she described as the IPO (Investigative Officer) for her case, extorted N3.7 million from her family.

She alleged that she was in the NDLEA’s custody for allegedly unlawfully dealing in Cannabis Sativa, otherwise known as Indian Hemp.

She said Sanni asked for the money under the guise of using same to facilitate her bail for a drug-related offence, but that she was neither granted bail nor was the sum returned to her family.

She told the court that the NDLEA declared N2.5 million of the sum as proceed of crime, while it kept back N1.2 million.

The allegations arose in the course of Mrs. Hassan’s prosecution by the NDLEA on a charge marked FHC/L/CS/290C/2022 before Justice Aluko.

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She was arraigned on a one-count charge of dealing in 33.5 kg of Cannabis Sativa without lawful authority, contrary to and punishable under Section 11(c) of the NDLEA Act.

She pleaded guilty and was convicted.

In the course of reviewing the facts of the case, prosecution counsel Lambert Nor sought to tender eight exhibits, including a monetary sum of N2.5 million in N1000 notes, described as a proceed of crime.

He was opposed by defence counsel Oke Ojakovo, who sought the return of N3.7million to the convict’s family.

Ojakovo said: “The monetary exhibit was not recovered from the defendant. It was the officer of the agency that told the relations of the defendant to raise money N2.5 million for the defendant to be released on bail.

“The family members of the defendant went to borrow the money and are still servicing the loan to date. The money is actually N3.7 million given to the officer and not N2.5 million.

“The officer said it is only N2.5 million he has with him and we said it is ok. The officer is known as Mr. Sanni. It will be unfair, unjust, and inhuman to classify the sum as proceed of crime.

“We will make the necessary application for the return of the money to the family of the defendant.”

But Nor insisted that the money was a crime proceed.

He said: “The said sum of N2.5 million is a proceed of dealing in drugs which PW1 9Prosecution witness 1) mentioned in his evidence. By Sections 31, 32, 33, 34 NDLEA Act, the money is subject to seizure. The money was brought to the office of the Agency as part of the proceeds of crime. The money was brought to obstruct the cause of justice which is an offence by section 39 of the NDLEA Act. The money i.e. N2.5 million is a relevant fact to the charge of drug dealing. We urge the Court to admit same in evidence.”

He was supported by PW1, who, upon questioning by the court, said: “On the 6/6/23, the O/C Squad A in the person of Quatu Mohammed (CSN) handed over the money to me as a proceed of crime in connection with the case of the defendant. That is all I know about the money.”

Justice Aluko also questioned Mrs. Hassan about the money.

“The money is actually N3.7 million. The officer said my family should bring N3.7 million for bail. My family brought N3.7 million and they did not release me. My family members are in court,” Mrs. Hassan answered.

She repeated her claim under cross-examination by the prosecution.

Prosecution counsel: “Defendant, you directed your mother to bring money from where you kept it to bribe the officers?

Defendant: “No, it was the officer named Sanni who asked my family to bring the money for my bail.

Prosecuting counsel: Did you or your family report to any superior officer or the Police?

Defendant: “Yes, I made a report to Officer Hamza Ibrahim at  Ikeja where we were kept at the time.”

Hassan’s husband Bamidele Ogunkoya corroborated her claim under oath.

He added: “Officer Sanni told the other three officers that the money was N2.5 million. Sanni gave only N2.5 million to the Commander. The Commander said they should go and bring the defendant from Ikeja to Gbagada. When we got to the Commander, the Commander said he had no power to release the defendant when he read the charge. The name of the Commander is Umar Adoro. He said we should go and that we will meet in court. Since that day if I call Officer Sanni, he would not pick up my call.”

Justice Aluko upheld the prosecution’s argument that the money ought to be admitted as an exhibit.

He added: “Further proceedings shall be conducted on the circumstances surrounding the money and how it got to the custody of the agency. For now, the money is admissible in evidence.”

The judge sentenced Mrs. Hassan to four years imprisonment on the one- count charge with an option of payment a fine in the sum of N1 million.

He said the sentence “shall run from the date of the arrest and detention of the convict. If the convict elects to pay a fine, in addition, the convict is sentenced to perform community service by picking up refuse, sweeping and clearing drainages under Eti-Osa LGA Lagos for a period of one month.

She shall perform community service for 1 hour daily for 2 days of each week for 4 weeks. The convict shall produce a guarantor who shall undertake to produce her if she absconds from such service.”

About the money, he added: “In the main time, I order that the monetary exhibit shall be deposited in the Bank by the DCR in an interest-yielding account until further directives.

“I order that the persons mentioned in the course of the proceedings as Quatu Mohammed (CSM) officer Sanni the (IPO) and Umar Isa, Lagos State Commander of the NDLEA ACGN, in charge of Lagos State ‘Command of the Agency shall appear in court at the next date, to explain what they know about the circumstances sum of N2.Sm in this case.

“Case is adjourned to 11/10/2023 for further proceedings on the issue surrounding the alleged monetary exhibit.”

The Socio-Economic Rights and Accountability Project (SERAP) has reiterated that Chapter Two of the 1999 Constitution which contains provisions for  social and economic rights is justiciable and enforceable.

A lecturer at the Faculty of Law, University of Lagos, Dr. Olubunmi Afinowi, argued that what should be done is to use provisions of Chapter Four to uphold provisions of the said Chapter Two.

He spoke at a town hall meeting in Ikeja hosted by SERAP last Thursday.

Its theme was: “Promoting Citizen’s Participation in Governance and Protection of Dissent”.

Participants included artisans, market women, students, and community leaders.

According to her, the Chapter Two of the 1999 Nigerian Constitution (as amended), contains provisions that are beneficial to citizens but did not state anybody or agency to be held  accountable for violations of the provisions.

She said the way out of the problem of non-accountability in the Constitution was to hold government accountable under international laws and agreements signed by government of Nigeria to uphold the fundamental human rights enshrined in the Constitution.

“Nigeria has signed various international agreements that enforce the provisions of Chapter Two under which we can hold the government accountable.

“Also, Chapter Four of the Cnstitution contains fundamental human rights that nobody can take  away from you or me.

“In other words, we can use the provisions of Chapter Four to uphold the provisions of Chapter Two,” she stated.

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The university don urged Nigerians to engage in active and equal participation in governance.

 She urged people to ask questions and hold people in power accountable to improve governance.

Afinowi said local governance gave room for people at the grassroots to participate and the Constitution, regardless of its flaws, served as an important tool in the hands of citizens.

She said, according to the global governance index, Nigeria scored less than 20 out of 100 in the global good governance while it scored 150 out of 180 in the 2021 corruption index.

“These are enough reasons for citizens to properly participate in improving the indices of governance in Nigeria,” Afinowi said.

She argued that challenging government’s actions that were not linked with the rule of law was one of the ways of participation.

“It is essential to hold the government at the grassroots accountable.

“The local level government should give room for market traders, NURTW, landlord association, artisans and the likes to have equal rights in governance.

“The constitution may not be what we want or may not be the best but it is what we have and we have a constitutional guaranteed right to say something about governance and it should not in any way  cause violence.

“When you ask questions, they will label you a troublemaker but it is okay because next time when they see you they will not want that trouble,”

Afinowi also admonished Nigerians to embrace a modal system of governance where small groups of people were instrumental to the governance of a society.

She said market associations were a useful small group that could impact governance by paying courtesy visits and registering their existence with the chairpersons of local governments.

Afinowi berated “godfatherism” in Nigerian politics and stressed  the need for a community effort in improving governance in Nigeria.

• Council chair, others laud initiatve

The Lagos State Ministry of Justice has provided free legal consultation to residents of Epe community and its environs.

In her opening remarks at the event held last Wednesday, the Solicitor-General and Permanent Secretary, Ministry of Justice, Mrs. Titilayo Shitta-Bey-Jeje, represented by the Director of Citizens’ Mediation Centre, Mrs. Abiola Oseni, said the free legal clinic was organised to ensure residents of Epe got acquainted with the agencies and directorates of the ministry .

She said the initiative was to educate and sensitise members of the public about their fundamental human rights and the appropriate agencies to consult whenever there’s an infringement on their rights as citizens of Lagos State.

Mrs. Shitta-Bey-Jeje further said the state government was keen about fundamental rights of residents, reiterating the commitment of Governor Babajide Sanwo-Olu-led administration to ensuring members of the public enjoyed free and quick access to justice.

She said: “The Joint Free Legal Clinic team which is made up of all legal service-oriented departments and agencies in the Ministry, includes the Office of Public Defender (OPD), Citizens’ Mediation Centre (CMC), Public Advice Centre (PAC), Community Service Unit (CSU), Office of the Administrator-General & Public Trustee (AG&PT), Directorate of Citizens Rights (DCR), and the Domestic and Sexual Violence Agency (DSVA) amongst others, are all here to render their services free of charge”.

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Mrs. Shitta-Bey-Jeje, however, urged the residents to disassociate from self-help and take advantage of free legal services put in place by the State Government.

She urged the public to support the state government’s dream of building a crime-free state with respect for the rule of law and fundamental human rights.

On her part, the Chairperson of Epe Local Government, Princess Surah Olayemi Animashaun, appreciated the laudable free legal clinic initiative.

She extended her appreciation to the state government, Ministry of Justice and its agencies for not only conceptualising and initiating the exercise but also for taking the legal clinic to the nooks and crannies of the state.

She urged residents of Epe to take full advantage of the legal services provided by the Ministry to ensure seamless alternative dispute resolution, easy dispensation of justice, and a peaceful co-existence among the people of Epe.

Thanking the Lagos State Government for the free legal consultation, the Oloja of Epe, Oba Kamorudeen Animashaun, represented by the Olowa of Epe land, High Chief Adaramaja Oluomo, urged the residents of the community to embrace the services provided by directorates and agencies of the ministry, noting that not all matters should be taken to court.

The Oloja advised that ignorance of the law was not an excuse. They are not to take laws into their hands, they should act accordingly and seek legal ways to solve matters.

Attendees at the event included directors, lawyers and staff of the Ministry, representative of Alara of Ilara Kingdom, High Chief Talabi Olatunji Oyebola, Baale of Igboku-nla, Chief Ogundipe Rasheed, and other notable traditional rulers and residents of Epe community.

The exercise is scheduled to hold at Ikorodu, Iba, Alimosho and Ibeju Lekki.

Experts have called for a framework for managing potential commercial and regulatory disputes in clean and renewable energy projects.

They made the call at a forum on Africa’s Energy Transition: Business, Regulation and Dispute Management, in Lagos.

There were discussion sessions on funding clean and renewable energy projects, financing, opportunities, as well as climate change and energy transition.

Lagos Branch Chairman, Nigerian Bar Association (NBA), Mr.  Chukwuka Ikwuazom (SAN), urged the Federal Government to grant tax incentives to investors in the renewable energy sector.

This, he said, will help the country address the power supply challenge.

Ikwuazom, who was one of the panellists, believes the tax regime for renewable energy is not sufficient to encourage investors.

Founding Partner, Aluko & Oyebode, Mr. Gbenga Oyebode, in a keynote address, said the future of renewables is already here.

He stressed the need for Nigeria to key into renewable energy, noting that by 2030, 50 per cent of cars sold in the country will be electric-powered, hence the need to think fast.

A commercial law expert, Mr Babatunde Fagbohunlu (SAN), maintained that Nigeria has what it takes to deploy renewable energy.

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He underscored the benefits of clean energy, which does not damage the ozone layer.

The SAN added that gas, which Nigeria has in abundance, can be combined with solar to not only meet the country’s energy needs but also the net zero emission dateline of 2060.

President of Lagos Chamber of Commerce and Industry, Dr. Michael Olawale-Cole, represented by the Deputy Chairman Mr. G. Idahosa, said Africa is feeling the effect of climate change and that renewable energy has become important.

He emphasised the need for African businessmen to invest in renewable energy so as to benefit from the huge potential.

A panellist, Abel Nsa, of the Nigerian Upstream Petroleum Regulatory Commission (NUPRC), said Nigeria was blessed with abundant natural resources and should take advantage of them.

Members of the panel agreed that LPG is a clean energy that the nation can leverage as it enters the transition period in the decade of gas.