Category: Law

The Chief Judge of Lagos State, Justice Kazeem Alogba has expressed concern over the conduct of lawyers coming before the courts.

Justice Alogba also cautioned judges against using unsavory words in describing legal practitioners.

He said the conduct of lawyers that are seen nowadays is worrisome, adding that the situation becomes more worrisome when considered that some of them have children who have equally become lawyers and sees what they are doing.

Justice Alogba stated this while addressing lawyers, judges and other legal practitioners at a cocktail party held at Ikeja High Court complex as part of activities marking the commencement of the  Nigerian Bar Association Section on Public Interest  and Development Law (NBA-SPIDEL) conference.

Justice Alogba agreed with those saying that the legal profession ought to be doing better and also stressed that there was need to bring back the very good old days but with newer things.

“If what we saw that made us to decide to be legal practitioners is now vanishing in our eyes, then there is cause for concern.

“We need to bring the shine back to the legal profession. Whether anybody likes it or not, the legal profession is the primus amongst all professions anywhere in the world. And so with that pride of place , we should earn it, we should maintain it, we should promote it and enrich it so that we would continue to justify the earnings.

” I want to call on all of us including my brother judges, and judges throughout the whole gamut of the judiciary, right from federal to the lowest arm at the local level , we need to sit down and ask ourselves where have we gone wrong!”, he said.

Justice Alogba recalled the year 2020 nationwide protest against police brutality.

He said: “When the incident of the EndSARs happened in Lagos, I told some of my colleagues and friends in different forum, that look, if you sit back and think for a minute, the correctional facilities were attacked, the Police was attacked, the judiciary was attacked, these people are complaining about everybody who is concerned about the administration of justice.

“These are the organs that have a duty statutorily so, to dispense justice in their different roles. And if they chose not to go and burn down those places, not to go and burn down government house, but to burn down courts, burn down police stations and burn down the correctional facility centres, then they are complaining about the administration of justice.

“What we should ask ourselves is , are they justified, do they have any justification for doing so? I think so. The justification might be right, might be wrong, but we do as we did then, we still do today to complain about the administration of justice in the country.

“We are not brave enough and I and you, that is the bench and the bar, must take responsibility for that. We have a duty to let people understand how we work. We have a duty not to mis-represent ourselves to the people.

“When we go about criticising judgment of the courts, we are doing a havoc to ourselves. As a professional, when a judge describes a legal practitioner in unsavory words, you are doing a mis-service to yourselves as being a member of that same profession. We are the ones causing the public to look down on us.

“We need to come back home and pick up ourselves and re-engineer our efforts in the society, particularly with reference to the rule of law and due administration of justice. It is a partnership that can never be dissolved if the legal profession wants to remain relevant in the Nigerian polity and even in the diaspora.

“The bar has never been away from the bench, nor the bench from the bar. Let our disagreement not be on ego basis or on personal issues. Let our disagreement be on finding a way to serve the people better”, he advised.

The NBA President, Yakubu Maikyau (SAN) in his remarks at the occasion, stated that the bar and the bench has a symbiotic relationship, adding that they are agents of the same organism performing justice either on the bench or on the bar,

Maikyau argued that the bench and the bar derive their lives from the organ of justice.

“It is justice that we are accountable to. So what we do on the bench and what we do at the bar, we do to achieve one objective, which is justice.

“Our existence as a people squarely depend on justice. If we find or there is anything that threatens our existence as a nation or as a people, the reason is absence of justice.

“Be it insecurity, economic problems, all of the myriads of issues that we are experiencing in this country, it is a function of the absence of justice. That is our responsibility and our primary call is to do justice, it is so fundamental to the existence of this country”, he said.

Maikyau praised the Chief Judge for rekindling the spirit that binds the bench and the bar together towards providing justice for the people.

Abisola Olowe’s dream was to become an accountant like her dad and sister. But heeding his wise counsel, she switched to Law and coasted through Bowen University with an Upper Second-Class Honours (2.1) degree. However, the Ilesa in Osun State native tells ANNE AGBI that she faced many challenges that shook and remodelled her perception of legal practice.

Who is Abisola Olowe

My name is Abisola Oluwaseun Olowe. I am from Ilesa West Local Government Area (LGA) of Osun state. I’m a legal practitioner at Brickmans Law. I graduated with a Second Class Upper Degree (2.1) from Bowen University, Osun State. I then proceeded to Nigerian Law School (NLS), Yenagoa Campus, Bayelsa State. I am an extrovert that has always been passionate about communication and fairness. I love reading and writing, I have a book coming up very soon and I have written a couple of articles on trendy issues and novel areas of law. I am also multifaceted and I have other areas of interest besides law. I am a fashion designer and recently started a vlog where I talk about God, relationships and the law.

Tell us about your family

I am from a close knitted family with five siblings. I am the second child of four girls and a boy. I have a very close relationship with my dad and he influenced my decision to become a lawyer. My dad is an accountant while my mum is a businesswoman.

How long have you been practicing law?

I have been practising law for one year; I was called to the Bar in December 2022.

At what point did you decide to become a lawyer? What informed this decision?

I never really thought about being a lawyer. I wanted to become an accountant like my dad and sister because of my close relationship with them. But my dad pointed out my strengths in communication and advocacy. I was reluctant at first because I had heard that lawyers always get assassinated. But by the time I got to Senior Secondary Three (SS3), my passion for justice had grown and I was convinced I wanted to become a lawyer.

Any memorable experience in your law journey?

I  have many but what particularly stood out for me were the moments I wanted to give up. After about three to four years of studying Law at the university, I began to see the lacuna between the theories we were taught in school and the country’s reality. So, I got into business so that I wouldn’t have to experience the frustrations lawyers go through. But by the time I was done with law school and the few months I spent serving, I was convinced that there was still hope and that I am in this profession to make a change. The transition in thought and mindset is a memorable one for me.

What were your high and low moments while studying law?

My low moment was in my 200 levels, the first semester. I had not yet grasped what it was like to write and pass a law exam and my results that semester were not what I expected. However, I was able to make up for it in my second semester with a Grade Point Average (GPA) of about 4.91.

My highest moment was my 500 level; I was able to unleash every hidden potential in me. I was able to lead a litigation team that performed excellently during the moot trial competitions. And the fact that I had a distinction in my long essay titled “Legal Framework of Artificial Intelligence in Nigeria”.

What were the major challenges you faced? How did you overcome them?

My major challenge with studying Law was that I considered it very oppressive.

You would assume that a profession like law would respect and be very kind to the younger lawyers but we have more of an authoritative system than an understanding one. At school, it was compulsory to dress a particular way even when it was clearly archaic and unnecessary. The structure was just a little too rigid and it is not changing to meet the changes in the world.

What was your formula for scaling through law school?

I had to delete all the myths I had heard about law school from my head and experience the journey for myself. Law school is not like any other thing most people have done in their lives. It is actually direct and simple but it requires you to unlearn how you have processed questions and give answers. It is like one year of something different. Immediately after I got that, I was able to change my approach to things and I graduated with a good result.

Did you engage in any extracurricular activities in school?

Yes, I did. I was an usher in church because Bowen mixed Christian activities and schooling. I was a part of the litigation team for my chamber. I also participated in organising events, like the Lead conference, and writing weekly journals for the Law Students Society.

There is a popular belief that law students/lawyers are boring. Is this true?

That is a very big lie. I think lawyers are the most social people I have met because you need to be a great storyteller and have an outgoing personality to meet the right client base in this profession.

Call to Bar. How did you/your family feel? Was there a party?

Not really but my grandma asked that I bring my wig and gown when travelling for Christmas, so we could take pictures together. She was the happiest about the event. My family was all very happy and, I think, relieved because it was a very capital-intensive profession.

Do you think there is a problem with the law school grading system?

No. I know we all wish it could be better but I can understand the logic behind the system. It allowed me to put effort into all my courses the same way. But it is up to law firms and employers to be considerate when employing people. We all know as lawyers that those grades are not proof of intelligence or competence.

Should the wig and gown be scrapped?

Yes, please. Lawyers can dye their hair blonde and we can embrace a better fashion style.

Would you like to marry a lawyer?

I would love to marry a lawyer. I would love to be with someone I can make career decisions with.

SAN, Professor, or Judge?

I would love to be a Judge of the National Industrial Court (NIC) someday. Justice Benedict Kanyip, the current president of the NIC, inspires and motivates me in this regard.

What are your thoughts on the recent exodus of lawyers from the profession/country? Any plans to ‘japa’ too?

Sadly, it is hard to build a career for the younger lawyers. The elderly ones want to forever remain on the scene. I would hope to further my studies outside the country as well, especially in novel areas of law.

Merging fashion designing and law practice. How do you cope?

I was making clothes for law students actually. The usual black dresses, so I got my target audience with ease. Although currently, I lean more toward vlogging than designing.

The future?

My plan for the future is to become an authority in a novel area of law like AI, Intellectual property, or something new.

The Federal High Court sitting in Lagos has granted Ecobank leave to join Dr. Oba Otudeko, Flour Mills of Nigeria Plc and Honeywell Group Limited as additional defendants to its counter-claim seeking to recover monies following a January 27, 2023 Supreme Court judgment.

Justice Yellim Bogoro made the order in Suit FHC/L/CS/352/2023 following Ecobank’s application filed by its lawyer, Mr. Kunle Ogunba (SAN).

The parties in the suit are 1. Anchorage Leisures Limited, Siloam Global Limited and Honeywell Flour Mills Plc as Plaintiffs/Respondents and Ecobank as Defendant/Applicant.

Specifically, the judge granted two out of the bank’s four prayers as contained in its Motion on Notice.

They are: a)”An order for extension of time and/or leave of the court for the Defendant/Applicant to file and serve its counter-claim to the suit.

“b) An order granting leave to the Defendant/Counter-Claimant to join (1) MR. OBA OTUDEKO; (2), HONEYWELL GROUP LIMITED and (3) FLOUR MILLS OF NIGERIA PLC. as additional Defendants to the counter-claim.”

The other two prayers which were withdrawn by Mr. Ogunba and struck out by the court are:

“c). An order amending the Statement of Defence, Witness Statement on Oath and List of Documents to include the facts/documents related to the Counter-Claim as contained in the attached Amendment Statement of Defence and Counter-Claim.

“d). An order deeming the already filed and served Counter-Claim dated 22nd May 2023 as having been properly filed and served.”

Bode Olanipekun (SAN) represented Plaintiffs while Taiwo Osipintan (SAN) appeared for the Applicant in a motion seeking to strike out some paragraphs of Ecobank’s preliminary objection. C.I. Umeche appeared for Flour Mills.

At the commencement of proceedings, Osipintan said: “We received a letter from Ecobank indicating its intention to withdraw some of the paragraphs we’re objecting to and prayers 4 and 5 of the applicant’s motion dated 5th of April, 2023.”

But Ogunba informed the court that his intention to withdraw the paragraphs was not new.

He said: “We had actually indicated that we would withdraw it at the last adjourned date but we took a formal step by writing to counsel.”

“We equally have a motion dated the 22nd of May 2023. It’s seeking an extension of time to file our counter-claim and also leave to join additional defendants to the counter-claim, Subject to the overriding convenience of the court, I hereby move in terms of the motion.”

Olanipekun did not oppose the application.

He said: “I’m not opposed to the application but I have an observation about relief D because the deeming order can not be granted.

On his part, counsel for Flour Mills stated that the motion on notice of the counter-claimant was grossly incompetent because the applicant failed to wait for the court to consider the propriety of the application before proceeding to file the counter-claim.

Ruling on the arguments, Justice Bogoro granted the Ecobank reliefs A and B.

“Prayers D and C are hereby struck out, having been withdrawn by Ogunba SAN,” he added.

The judge adjourned till July 19 for report of service.

The Plaintiffs filed the suit against the bank after the Supreme Court judgment.

They also filed a motion dated 28th February 2023 seeking to restrain Ecobank from demanding payment of any sum in excess of the difference between N5.5Billion and N3.5Billion, after the apex court judgment which was in the bank’s favour.

The police yesterday arraigned three members, including a self-appointed member of the Lagos Island Electrical Dealers Association before the Federal High Court sitting in Lagos for alleged stealing of N24,922,900 belonging to the Association.

The trio – Emeka Okoli (a self-appointed member of the board) 56 years, Joseph Onyeanu (55) and Benjamin Echebiri (51) – were brought before Justice Peter Lifu.

According to the charge, the trio and others at large, sometime in July 2020 in Lagos, conspired to convert the money in tranches of N10,961,450, N3 million, N3.572 million and N7,389,000.

Prosecution counsel Emmanuel Jackson said the alleged offences contravened sections 15 (1)(a) and 18(a) of the Money Laundering (Prohibition) Act, 2011.

Each defendant pleaded not guilty.

Mr. Jackson applied for a date for the commencement of trial, given the defendants’ pleas.

But the defence counsel informed the court that she had filed the defendants’ bail applications dated June 16, 2023, and had served the prosecution.

Justice Lifu granted the defendants bail in the sum of N10 million with one surety each, among other conditions.

He adjourned till July 18 for hearing of the defendants’ earlier written address on whether the case would continue or not.

The Coordinator, Restorative Justice Centre, Mrs. Adenike Oluwafemi, has reiterated the state government’s resolve to ensure an effective dispensation of justice whereby people can walk into the centre to make enquiries as well as file complaints.

Mrs Oluwafemi stated this during a sensitisation programme on Victim/Offender Mediation (VOM) organised by the Lagos Restorative Justice Centre domiciled in the Lagos State Ministry of Justice.

The event held at the Magistrate Court, Samuel Ilori Court House, Ogba, Lagos.

She said that the VOM provides interested victims an opportunity to meet their offender, in a safe and structured setting.

She described the concept of Restorative Justice as the practical application of some of the components of Alternative Dispute Resolution (ADR) to criminal matters and causes.

The Coordinator further explained that during the Victim Offender  Mediation(VOM), the victim and offender are brought together to repair the harm while the offender is reintegrated back to the society  to achieve a sense of healing for both parties.

The Director, Community Service,Mrs. Tomi Bodude, stressed that community service is another important component of restorative justice used as a means of repairing damage to the community.

“Court-ordered community service requires an offender to perform a specific number of hours of free work for a charitable agency, non-profit organisation, or governmental agency, and it can be ordered as a condition of probation or as an alternative to incarceration.

“Generally, a non-violent offender is assigned to community service, and careful screening must occur to ensure that the offender is appropriate for the site and vice versa while ensuring public safety”.

Mrs. Tomi Bolude further noted that the benefits of community service are very similar to those of restitution which can help to change an offenders’ values.

The Solicitor General and Permanent Secretary Ministry of Justice, Ms. Titilayo Shitta-Bey, in her address, stated that Restorative Justice is a form of alternative dispute resolution, deployed as a tool for decongesting less serious cases in the dockets of the court system and invariably the overcrowded correctional centres”.

“In restorative justice, its processes are mindful with just one goal which is Justice and Healing for offender, victim and society”.

Ms. Titilayo Shitta-Bey further stated that the establishment of the Lagos State Restorative Justice Centre is simply to raise awareness and build support for the restorative justice programme as well as collaborating with relevant stakeholders in implementing this model of justice.

In a keynote address, delivered at the event, the Chief Judge of Lagos State who also serves as the Chairman of Criminal Justice Sector Reform Committee (CJSRC),  Justice Kazeem Alogba noted that the restorative system of justice is not alien but has been in existence for over three decades and in practice in other countries, hence the adoption by the State Justice System to ensure peaceful resolution of disputes.

Justice Alogba ably represented by  Justice Modupe Nicol-Clay stated that the traditional justice system has suffered a great deal of setbacks with evident increase in the rate of crime, long prosecution process and overcrowding of correctional facilities amongst others.

Whilst commending the RJ Team on a job well done, the Chief Judge also expressed his gratitude towards participants and wished everyone a fruitful deliberation.

It should be recalled that the Lagos State Restorative Justice Centre began a three-day sensitisation campaign on Tuesday, June 13 at the Girls Correctional Home, Idi-araba and a Walk for Restorative Justice from Akilo Street, Ogba, to Samuel Ilori Court House where the legal clinic was organised.

The sensitsation programme ended   on Friday  with a visit to the Maximum, Medium and Female Correctional Centres, Kirikiri, Lagos.

The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, has urged judges to be conversant with the laws governing the financial sector and the capital market.

He said they must understand legislation such as the Money Laundering Prevention and Prohibition Act (2022) and the Proceed of Crime Act (2022), amongst others.

Justice Ariwoola said doing so would enhance their capacity to handle asset forfeiture and capital market cases.

He spoke while opening a three-day workshop on Asset Forfeiture Regime under the Nigerian Law.

It was organised by the Attorney- General Alliance – Africa Programme (AGA-Africa), in collaboration with the National Judicial Institute (NJI) in Abuja.

According to him, there is a correlation between an efficient judiciary, a stable economy and international financial systems.

He said judges can only do justice in such specialised cases when they are up-to-date with relevant laws.

“The judiciary is a key player in the society, therefore it is pertinent for you as judicial officers to be up to date with relevant laws regulating the capital market.

“The effective use of relevant and most importantly current laws for guidance in adjudicating capital market cases contribute to the potency of your decisions as judicial officers,” he said.

Justice Ariwoola said they must also understand “the legal and institutional frameworks for recovering proceeds from crime as well as the management, confiscation and forfeiture of property or assets that are procured for unlawful activities; even if the proceeds of crimes are used to procure assets in the capital market”.

The CJN said aside from the knowledge of relevant laws, judges must be guided by the Code of Conduct for Judicial Officers in their adjudication of capital market cases.

Ariwoola said: “It is important that I emphasise the need to dispose of cases in a speedy and efficient manner as justice delayed is certainly denied.

“You will agree with me that delay in the disposal of cases is at variance with quick and efficient justice delivery.

“It is ours to ensure that our justice sector is at par and in line with global best practices, remains a task that all stakeholders must close rank to tackle as it is the desire of Nigerians that delay in justice delivery is curbed.”

According to him, timely, transparent and efficient adjudication as well as enforcement of laws will curb corruption and create incentives for investors.

Senior Partner at PUNUKA Attorneys and Solicitors, Chief Anthony Idigbe (SAN), gave an overview of the asset forfeiture regime in Nigeria.

He noted that the purpose of the workshop was mainly to share knowledge of both regional and international perspectives on asset forfeiture regimes, particularly in light of the Proceed of Crime Act, 2022.

“There’s the need to share knowledge on how the court would handle the cases that would arise from this new law, both in terms of combating transnational crimes and also ensuring that the provisions of the constitution that guarantee certain rights to citizens are adhered to,” he said.

Idigbe noted that the laws when applied effectively by the courts will eliminate impunity, serve as a deterrent and help in asset return.

Can election petitions be determined before the inauguration of the President, governors and other elected persons? Top lawyers at the just-concluded Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) Conference say this is the best way to ensure the sanctity of the electoral process. ADEBISI ONANUGA examines their arguments.

Last Wednesday, leading members of the Bar revisited the perennial argument for future election petitions to be concluded before the inauguration of newly elected president, governors and others.

They argued that this was the way to ensure the sanctity of the electoral process.

Amongst them was a former President of the Nigerian Bar Association (NBA) Dr. Olisa Agbakoba (SAN), activist Femi Falana (SAN) and President, African Bar Association (ABA), Hannibal Uwaifo.

They decried the situation where the courts decide future leaders of the country rather than the votes of the electorate.

The occasion was at the Annual Conference of the NBA Section on Public Interest and Development Laws (NBA-SPIDEL). The theme was: Post-Election Nigeria; The Judiciary in the Eye of the Storm

Lack of internal democracy within parties

In Agbakoba’s view, the biggest challenge in Nigerian electioneering is the lack of internal democracy within the parties. He said if there was transparent internal democracy, it would be hard to manipulate the electoral process. He said if everything was done transparently within parties, a substantial number of problems associated with elections would have been resolved.

The learned silk also stated that if the Independent National Elections Commission (INEC) had done its work well, fewer people would be filing petitions at the tribunals.

Are lawyers are to blame?

Falana, who shared Agbakoba’s views, accused lawyers of contributing to subversion of the electoral process. He said the time had come to find ways of dealing with lawyers who threatened democracy.

Falana said there was no reason why election petitions should not be determined before inauguration.

“If smaller countries like Cuba, Kenya, Angola, Malawi can do it, there is no reason why it cannot be done in Nigeria.

“In the last three years, Angola, and Kenya held elections and the petitions were heard and concluded in 14 days before inauguration of their presidents and others”, he said.

Repeat election should replace petitions

Uwaifo contended that the judiciary should not have the right to select the people’s leaders. He said it was the sovereign duty of Nigerians or those who vote to choose their leaders through the ballot box. He reasoned that the earlier the judiciary realised that it was not their responsibility to be deciding leaders for Nigerians, the better it would be for the stability of the country and government.

He noted, for instance, that in Malawi, if elections were flawed, there was no alternative than to go back to polls and vote again. He added that the same thing was done in Kenya.

Election petition part of electoral process?

Several observers are worried that politicians now consider election petitions as a part of the electoral process and a means of reclaiming their supposedly stolen mandate. More worrisome, in their view, is the fact that rather than making the votes of the electorate to count,  political leaders are now being determined and imposed by the judiciary through technicalities.

History of election petitions

The position of the law in Nigeria is that if an election is conducted under the Constitution and Electoral Act, and a return is made, that return is deemed to be lawful and legal. Anybody who is not satisfied will have to challenge the declared result at an election petition tribunal. However, the returned candidate shall be in office until the appeal filed against him is determined.

Presidential elections were held for the first time in Nigeria on August 11, 1979 and the election was won by Shehu Shagari.  The main opposition candidate, Chief Obafemi Awolowo, challenged Shagari’s declaration as the winner of the election.  Awolowo’s petition was fought up to the Supreme Court which upheld Shagari’s victory. Since then, every presidential election in Nigeria has been contested at the tribunal.

In 1999, Chief Olusegun Obasanjo was declared the winner of the election. Chief Olu Falae challenged his election. The return was not cancelled.  Obasanjo was sworn in while the election petition continued until after it was finally decided at the Supreme Court in favour of Obasanjo.

In 2003, Muhammadu Buhari challenged Obasanjo. Obasanjo was sworn in on May 29, 2003. He continued in office until after the determination of the petition.

2007 featured the election of President Umaru Yar’Adua. His election was again challenged by Buhari, Atiku Abubakar and others. Yar’Adua was sworn in on May 29, 2007. He continued in office until all the election petitions were disposed of.

In 2011, Goodluck Jonathan won and declared as the winner. Buhari, Atiku and others challenged him. He was sworn in.

When Buhari won the Presidential election in 2015, Jonathan conceded, so there was no petition.

Elections in other jurisdictions

Malawi: The petition hearing is not expected to take more than 14 days. The main event is where all the issues are litigated. The tribunal will receive documentary evidence, but also take oral testimony. The petitioner(s) and the respondent(s) will all present their cases, and the tribunal will hand down judgment. Thereafter, a rerun election will be ordered for a winner to emerge.

Kenya: In Kenya, voters elect the president, governors, senators, members of the National Assembly, and members of county assemblies. The Supreme Court shall hear and determine the petition within 14 days after the filing of a petition under clause (1) of the Constitution of Kenya, and its decision shall be final.

Ghana: The manual on election adjudication in Ghana states that all parliamentary election disputes must be filed with the High Court within 14 days. Where the judgment given is not satisfactory to parties involved, an appeal can be filed at the Supreme Court.

A petition against a presidential election can only be filed at the Supreme Court.

Election petitions must be filed within 21 days after the publication in the Gazette of the results in question. Election petition hearings cannot last beyond 42 working days.

The law also prohibits joinder and intervening applications in any manner whatsoever in Presidential Election Petition.

Way out, by lawyers

Can election petitions be decided before inauguration in Nigeria as is done in other African countries? How can this be achieved?

Constitutional lawyers versed in the rule of law, including Chief Louis Alozie (SAN) and Chief Emeka Etiaba (SAN) proffered solutions to the issue.

Agbakoba said the foundation of electoral process would need to be built around a reformed electoral management body.

According to him, INEC in its present form should have nothing to do with elections. They are overwhelmed with a lot of things. The only way we can begin to talk about proper elections in 2027 is to first of all unbundle INEC and then new institutions would be created.

Chief Alozie agreed on the need to conclude all post-election disputes before swearing in. He said this is the only way to have a level playing ground between the petitioners and respondents. According to him, “once a person declared as the winner of the election gets sworn in, he begins to enjoy the monetary entitlements and also exercising authorities accruing to the office in question.

“He uses these public funds to fund the pending litigation, whilst the petitioners go about borrowing. The respondent now sworn into office can even exert undue influence capable of undermining the course of justice in the matter in which he is a party.”

Chief Alozie described this situation as being unfair to the petitioner who may have legitimate complaints but who may by reason of his disadvantaged position lose his case.

Adjust timetable

He said: “The solution to this injustice is very simple, namely adjustment in the election timetable by INEC, so that elections are conducted so early to give room for litigation to be concluded before swearing in.”

Etiaba said as noble as this idea of concluding election petitions before inauguration is, its practicality has a big question.

According to him: ” It means elections will hold at least 180 days before swearing in; this means that political parties’ congresses and nominations by way of primary elections will be held months before the elections; that means that campaigns by parties and their candidates will hold before the elections; and that means that pre-election matters will be determined before elections ,”

He said that it might also means: “that two years into a regime, governance will take the back stage while politicians deploy all resources towards the elections; that means a massive disruption of governance.”

How pre-election matters should terminate

Etiaba said the answer to the quagmire we find ourselves is, “remove the most undeserved presumption of regularity of INEC results and let INEC come to court to prove the regularity of it’s results and processes.

“Pre-election matters (with the exception of governorship and presidential matters) should terminate at the court of appeal like the election petitions”, he said.

A candidate for Secretary in the forthcoming election of the Nigerian Bar Association (NBA) Lagos Branch, Emuobonuvie Majemite, has said he will address the hiccups around the delivery of lawyers’ stamps and seals.

He said if elected, he will deliver innovative and technology-driven service to the secretariat.

At a briefing in Lagos, Majemite, a Partner at one of Nigeria’s oldest and biggest law firms, Punuka Attorneys & Solicitors, vowed to bring his leadership experience to bear on branch activities.

He said: “I will streamline and abridge the process and time lag for application and delivery of the NBA stamp, an issue that continues to plague lawyers in private and public practice. 

“I will increase the reportage of Branch activities in terms of sharing action points from general meetings and communique from branch events. These will be available on the individual members’ portals. 

“I will manage the Branch’s assets and implement a depreciation policy to dispose and replace outdated properties.

Read Also: NBA requests lawyers to fill eight Supreme Court’s Bench positions 

“I will implement technology in the delivery of most functions such as the issuance of letters of good standing, regular revision of branch membership, issuance of NBA ID cards, etc. 

“I firmly believe that many tasks can be automated to make lives easier for members without having to visit the physical office. 

“Much like many banking functions can be done from the comfort of our homes and offices, I will make interaction with the secretariat possible from members’ homes and offices. 

“I will deliver an accessible secretariat to branch members. 

“I will be dedicated to the secretariat for the duration of my tenure, with the full backing and support of my law firm, PUNUKA Attorneys and Solicitors and that of other organisations that I hold leadership positions in such as the Chartered Institute of Arbitrators, UK (Nigeria Branch) and the National Association of Catholic Lawyers, Lagos Archdiocese. 

“I plan to run a technologically-driven and solution-oriented secretariat.”  

On what stands him out from other candidates running for the office, said he has the organisational skills and expertise to deliver on the job.

Majemite, who heads both the Property Law and the Arbitration and ADR Practice groups at Punuka, added: “Without meaning to sound immodest, my track record of proven administration and coordination sets me apart from my dear junior at the Bar running against me. 

“I have manned positions that require strong organisational and interpersonal skills, which are the attributes I am known for. 

“Finally, the institutional support of my firm cannot be over-emphasized. 

“My practice will continue to thrive, even with my devotion to the branch secretariat because I am a partner in my firm of over ten partners.”

A former General Secretary of the Nigerian Bar Association (NBA), Mazi Afam Osigwe (SAN), has called for the devolution of more powers to states.

He believes the 1999 Constitution should be reviewed to reduce its unitary features and centralisation of power.

“If we get our federal system properly fixed, everything will fall in place,” Osigwe said.

He was the guest lecturer at the Annual B.O.B Benson SAN Memorial Lecture organised by the NBA, Ikorodu Branch.

Its theme was: The 1999 Constitution, restructuring and true federalism: The way forward.

Osigwe, a former Chairman of the NBA Abuja Branch, said a common-sense approach of agreeing on what needs to be taken out of the Constitution will enhance the federation’s workability.

He said the 30 items in the Concurrent List should be reviewed to transfer some items to the Residual List.

According to him, items such as industrial, commercial and agricultural development, health and education should exclusively be reserved for the federating units (states).

He called for the transfer of many items in the Exclusive Legislative List (68 items), to which only the Federal Government has legislative competence, to the states, some of which, he noted, have already been moved to the concurrent list.

Osigwe, who chairs this year’s NBA Annual General Conference (AAGC) Planning Committee, stressed that the demand by some states to establish their police should be considered.

This, he said, may entail removing the Nigeria Police Force and policing from the exclusive list and moving it to the concurrent.

Osigwe believes the exclusive powers granted to the Federal Government have negatively impacted security due to poor funding, corruption, nepotism, human rights violations, and unquestioning allegiance to the centre.

“The failure of policing has worked to the detriment of the people and the state,” he said.

Osigwe said a security council should be established for the states since the governors, who are supposed to be the chief security officers, are not included in the membership of the National Security Council.

On resource control, he said it should be decentralised to make Nigeria more productive, economically buoyant and less dependent on oil.

States, he said, should be allowed to control the exploitation of resources found within their territory and pay taxes to the central/ federal government.

“The tax powers of each tier of government should be reversed, in favour of states and local governments.

“The states and local governments depend worryingly on statutory allocations from the federal account, which in turn depends heavily on revenues from petroleum resources.

“This pattern skews the development priorities of governments and cripples the ability of many states to generate revenue internally,” he said.

Osigwe said the centralised method of appointing and disciplining judicial officers for both states and the federal courts must be reviewed.

The Judiciary, he said, should also be strengthened for the timely dispensation of Justice.

The lawyer added: “The Federal and State governments should ensure that the constitutional financial autonomy given to the judiciary is given effect so as to avoid such adverse effects as ‘poor and inadequate judicial infrastructure, low morale among judicial personnel, alleged corruption in the judiciary, delays in the administration of justice and judicial services delivery and generally low quality and poor out-put by the judiciary’.

“The Chief Justice of Nigeria (CJN) shall no longer appoint some other members of the National Judicial Council (NJC).

“The provisions of Paragraph (i) 20 (i) of the Third Schedule, Part 1 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) which precludes all NBA nominees on the NJC from dealing with judicial matters other than appointments into the superior courts of record (i.e. only one item out of thirteen) is certainly discriminatory and unwarranted and should be out-rightly amended. (After all, judges play a prominent role in the disciplining of lawyers).

“The over-concentration of powers in the office of the CJN by the 1999 Constitution should be amended.

“The CJN should cease to be the Chairman of the NJC and all other similar constitutional and statutory bodies.

“Any suitable Nigerian with requisite experience, impeccable records of service and competence (like a retired Justice of the Supreme Court, former President of the NBA, Professor of Law, or any legal practitioner etc) could be appointed as Chairman for only one term of five years.

“Local government should be granted and the Joint Account for Local Governments should also be abolished so that the local governments can control revenues accruing to them from the Federation Account. 

“The democratic local government provided for in Section 7(1) of the 1999 Constitution should be reinforced by specific provisions that would prevent the dissolution of local government areas (LGAs) by state Governors or state legislature, remove the power of state governors to replace elected representatives at the LGA level and remedy the failure by successive governors to conduct local government election.

“The country should be united as it is clearly not united at the moment.

“Nigerians should be able to live in any part of the country, work and legitimately earn a living and not be discriminated against, attacked, killed or unlawfully incarcerated, based on religion, race or culture, or place of birth.”

• ‘How student loan law will help retain talent’
• ’My plans for NBA Lagos Branch as Secretary’

Mr Emuobonuvie Majemite is a Partner at PUNUKA Attorneys and Solicitors, one of Nigeria’s oldest law firms founded in 1947. He is the head of both the Property Law and the Arbitration and ADR Practice groups. An alumnus of Loyola Jesuit College, Bridge House College and the University of Nottingham, Majemite has served on many committees of the Lagos Branch of the Nigerian Bar Association (NBA) and now aspires to be the secretary. In this interview with Deputy News Editor JOSEPH JIBUEZE and ANNE AGBI, he speaks on the floating of naira, how to speed up case management, acceptability of arbitration in Nigeria, the student loan law, petrol subsidy withdrawal and other national issues.

What is your view on the reviewed retirement age of judges?

I believe that increasing the statutory retirement age will permit the legal system to continue to benefit from the wisdom of the old jurists. I opine that legal counsel, like wine, is richer with age. So the additional five years is much welcome, with the option for the learned jurist to retire, if he so desires.

The election tribunal recently rejected the live broadcast of proceedings. Do you think transmitting court proceedings live is inimical to justice administration?

I think that we must separate emotion from the rule of law. Generally, judicial proceedings are not transmitted live, although the public is at liberty to attend them (except in special circumstances, such as when a child is involved). If we accept this and believe that our judiciary will deliver justice within the ambit of the law, we must have faith in the erudite election petition tribunal and not insist on what I may consider a pedestrian issue. That said, I certainly would not say that a live broadcast of court proceedings is prejudicial to justice administration. It may soothe the wider public as more people are able to follow the process first-hand. 

Politicians have succeeded in getting a 180-day timeline within which to conclude election petitions, but civil and criminal cases linger for years. Do you think it will fast-track the adjudicatory process to also specify time to conclude criminal and civil matters too?

Under the Administration of Criminal Justice Act, the Administration of Criminal Justice Law of Lagos State and most procedural criminal laws, criminal matters are to be concluded within a reasonable time, but this reasonable time is not defined. Courts have generally sought to conclude criminal trials as quickly as possible and appeals on criminal matters tend to take precedence over civil matters. However, certain specie of criminal matters have some priority such as matters instituted by the Asset Management Corporation of Nigeria (AMCON). I opine that with proper case management and discipline on the part of both the Bar and the Bench, we do not need specific timelines for any type of matter. The individual cases will determine how quickly they should be decided.

How exactly do you mean?

For instance, where a plaintiff is challenging the installation of someone as a king, it would render such a suit an academic exercise and cause what we call a fait accompli on the plaintiff if the suit or at least an application for preservatory relief is heard and determined one way or the other before said installation. So, rather than imposing arbitrary timelines on different species of matters, whether criminal or civil in nature, I think proper case management on a case-by-case basis is more prudent and efficacious.

Due to our political experience, there are arguments that the office of the Attorney-General of the Federation (AGF) should be separated from that of the Minister of Justice to prevent partisanship. Do you agree with the idea?

I completely agree that the Office of the Attorney-General of the Federation should be severed from that of the Minister of Justice. Likewise, at the state level, the office of the Attorney-General of the State should be separate from the office of the Commissioner of Justice. The Attorney-General is the chief law officer of the federation or of the state and should be an impartial person, insulated from polarised politics in the discharge of his or her duties. This is especially in view of the far-reaching constitutional powers vested in the Attorney-General. For instance, the Attorney-General can institute, take over and discontinue any criminal proceeding. This means that since he is currently appointed as a member of the incumbent executive administration, he is answerable to said incumbent executive. The President or the governor may, therefore, be able to direct their Attorney-General to pursue or discontinue criminal action against their adversaries or their cronies respectively. In most jurisdictions, the two offices are separated, and I advocate that we adopt this in Nigeria too.

You head your firm’s Arbitration Group. How much acceptability has Arbitration gained in Nigeria, and what reforms would you like to see?

Arbitration has been adopted by many Nigerian businesses as the faster and more efficient method to resolve disputes for reasons such as being able to determine the qualifications of their arbiter, shielding their dispute from the public eye and having strict timelines for the filing of processes until the publication of the arbitral award. However, some are still hesitant because of issues relating to the perceived cost (when compared to filing fees in litigation) and the enforcement of an award when a dissatisfied award debtor tries to avoid paying the award debt. With the recent passage of the Arbitration and Mediation Act, I strongly opine that these issues will become a thing of the past. 

Do you think ADR should be made constitutionally mandatory before litigation is considered in all commercial transactions?

I do not subscribe to alternative dispute resolution (ADR) being made obligatory. A core principle of ADR mechanisms is party autonomy which means that parties must voluntarily submit to the process. Thus, making ADR compulsory will be counterproductive and make away a fundamental element. Parties should be allowed to negotiate and agree on how they wish to resolve their disputes. I, however, appreciate the benefit of parties pursuing ADR before the court, especially in commercial transactions because it will greatly reduce the courts’ dockets. This objective can still be achieved through consistent propagation of ADR by Nigerian arbitral institutions.

What are your thoughts on the student loan bill just signed into law by the President?

I think the Student Loan Act is a good step in helping indigent students access tertiary education in Nigeria. It has the potential to retain talent within Nigeria as well as the students, upon graduation will likely get jobs in Nigeria to pay off their debt to the Federal Government. I also opine that it may encourage students to be disciplined in their studies because if they take a loan, they understand the need to graduate with good grades to secure well-paying jobs to be able to pay off the debt.

The CBN has directed banks to trade the Naira freely without a cap on the rate. What are your thoughts on the floating of the naira?

I do not claim to be an economist, but I opine that the directive by the Central Bank of Nigeria (CBN) will impact positively on the Nigerian economy. This is because the foreign exchange rates will be entirely determined by demand and supply. When the rate was artificially fixed, it was very difficult to access one’s foreign currency but under the current dispensation, a depositor has unfettered access to funds in their domiciliary account.

Do you agree with the government’s justification for removing the petrol subsidy?

In theory, I understand the government’s rationale for the removal of the petrol subsidy, and I believe it has been a long time coming. I, however, do not agree with the timing of the removal. Most of the populace is suffering in abject poverty and there could not have been a worse time to compound the plight of the common man. I would have been better some months into the administration when there are deliberate policies to stimulate productivity and generate exports.

NBA seems to be having a rival in the Law Society of Nigeria. Has NBA lived up to the expectation of lawyers, and if so, what’s the need to split the association?

First, I respectfully do not see the Law Society of Nigeria (LSN) as a rival to the Nigerian Bar Association (NBA). I dare say that by being called to the Nigerian Bar, a lawyer is automatically a member of the NBA, having paid his or her bar practising fees prior to the Call to Bar. Subsequently, to identify with a particular branch, the lawyer is required to pay the stipulated branch dues. To receive any honours or favour from the Nigerian legal profession such as to become a notary public, a Senior Advocate of Nigeria or simply to obtain a letter of good standing, a lawyer must have paid his or her bar practising fees and branch dues for a certain number of years. In all these, it is clear in my mind that the NBA plays a pivotal and indispensable role in the career of a Nigerian lawyer. On the other hand, a lawyer needs to apply for membership in the LSN. I am not aware of any benefits that would accrue to a lawyer from payment of whatever membership dues are stipulated by the LSN. I perceive the LSN as a group of friendly lawyers with a common interest and nothing more. I do not see the Law Society of Nigeria coming to usurp the role of the NBA any time at all.

Regarding whether the NBA has met the expectations of lawyers, just like any other voluntary association, there will always be room to do better. There is always some level of innovative service that can be applied by the leadership. I personally think that the NBA has done a fair job in being a common front for lawyers to speak on issues, to continue to be a watchdog in society and to advocate for the welfare of its members. There is always an opportunity for improvement, however, and competent lawyers must rise to the occasion to take the NBA to greater heights.

You are running for NBA Lagos Branch Secretary. What are your plans for the branch?

I plan to deliver innovative service to the secretariat. I will streamline and abridge the process and time lag for application and delivery of the NBA stamp, an issue that continues to plague lawyers in private and public practice. I will increase the reportage of Branch activities in terms of sharing action points from general meetings and communique from branch events. These will be available on the individual members’ portals. I will manage the Branch’s assets and implement a depreciation policy to take care of the disposal and replacement of outdated properties. I will implement technology in the delivery of most functions such as the issuance of letters of good standing, regular revision of branch membership, issuance of NBA ID cards, etc.

How exactly will you address the hiccups and delays from manual operations?

I firmly believe that many tasks can be automated to make lives easier for members without having to visit the physical office. Much like many banking functions can be done from the comfort of our homes and offices, I will make interaction with the secretariat possible from members’ homes and offices. Finally, I will deliver an accessible secretariat to branch members. I will be dedicated to the secretariat for the duration of my tenure, with the full backing and support of my law firm, PUNUKA Attorneys and Solicitors and that of other organisations that I hold leadership positions in such as the Chartered Institute of Arbitrators, UK (Nigeria Branch) and the National Association of Catholic Lawyers, Lagos Archdiocese. In a nutshell, I plan to run a technologically driven and solution-oriented secretariat for my members.   

What stands you apart from the other candidates to make members vote for you?

Without meaning to sound immodest, my track record of proven administration and coordination sets me apart from my dear junior at the Bar running against me. I have manned positions that require strong organisational and interpersonal skills, which are the attributes I am known for. Finally, the institutional support of my firm cannot be over-emphasised. My practice will continue to thrive, even with my devotion to the branch secretariat because I am a partner in my firm of over ten partners.