Category: Law

  • Lagos partners tertiary institutions on fight against SGBV

    Lagos partners tertiary institutions on fight against SGBV

    The Lagos State Domestic and Sexual Violence Agency DSVA has taken its campaign against sexual and gender based violence tagged  “It’s On Us”  to the Lagos State University (LASU).

    The topic was  “Issues  Surrounding Sexual  and Gender- Based Violence (SGBV) Om Campus”.

    The Executive Secretary, Lagos State Domestic and Sexual Violence Agency (DSVA), Mrs. Lola Vivour-Adeniyi said the agency is collaborating with all tertiary institutions in the state to raise the level of awareness about the prevention and response to school-related sexual and gender-based violence (SRSGBV).

    According to her, the agency is using a multi-perspective lens to engage in discussions on safeguarding the future generation and debunking the social myths and misconceptions that have characterised the prevalence of sexual abuse in tertiary institutions.

    She said the event  bordered on creating awareness and the agency’s yearning to sign a memorandum of understanding for partnerships with the school management and formulated an SGBV response team, within structure of institution.

    Vivour-Adeniyi remarked that the campus activation programme was to solidify the partnership with the school and thereafter organise capacity-building training for their response team as case managers and also facilitate referrals following standard operating procedures.

    The DSVA Executive Secretary further stated that sexual harassment, sex for grade, intimate partner violence, and rape are prevalent issues, not just in Lagos but globally and these are issues with huge ramifications.

     She urged all to leverage on available  channels and report both perceived and actual cases of abuse and sexual assault in LASU and Lagos State. Such as the DSVA toll-free line 08000-333-333.

     The Vice-Chancellor, Prof. Ibiyemi Olatunji-Bello who was represented by the Director, Lagos State University Directorate of Advancement (LASUDA), Prof. Yinka Okebena-Dopeolu welcomed all and expressed her excitement over the partnership with the Lagos State (DSVA) to forge a common front in tackling the vice and other forms of human rights violations.

    She assured that LASU is doing its best to ensure that the academic community remains a peaceful and secure environment.

    She urged participants to leverage on the meaningful contributions the discourse availed, noting that studies revealed that the female gender is more prone to SGBV than their male counterparts and that students are at the highest risk of SGBV in the first few years of study in educational institutions.

    She, however, lamented that  cases of SGBVS  have been on the increase, regretting that they are often unreported. 

    While commending the efforts and campaigns of DSVA for adopting a holistic approach to ending the vice in the state, she said the management of LASU has zero tolerance for SGBV and is a front liner bagain establishing a centre for the Response and Prevention of SGBV with functional physical space for staff.

  • Falana seeks coroner inquest into killing of inspector

    Falana seeks coroner inquest into killing of inspector

    The law firm of Falana and Falana has requested the Chief Coroner of High Court of Lagos State, Ikeja to conduct inquest into the death of one Inspector Monday Orukpe.

    The request was contained in a letter dated January 5, 2023 and signed by Taiwo  Olawanle on behalf of the Chamber.

    Inspector Orukpe was killed on August 3, 2022 at the Trade Fair section of the Lagos-Badagry Expressway, Lagos.

    The letter stated in part: “Our attention has just been drawn to the brutal killing of one Inspector Monday Orukpe and torturing of four others, all of the Ojo Division of the Lagos State Police Command.

    “Precisely on Wednesday, August 3, 2022, it was alleged that about 30 privates of the Nigerian Army while on transit at the Trade Fair section of the ever-busy Lagos-Badagry Expressway attacked five policemen for stopping vehicles along their lane to pave way for other vehicles to pass.

    Read Also: Why new naira notes may be illegal, by Falana

    “Angered by this development, the soldiers heavily descended on the senior officer leading the team of policemen and eventually murdered one Inspector Monday Orukpe and injured four others.

    “It would interest Your Lordship to know that save for the maturity and skill of the officers of the Nigeria Police Force involved, the event would have left many injured and killed including innocent civilians going about their normal business activities.

    “Having regard to the avoidable tragic incident, we humbly request you to use your good offices to cause a thorough investigation into this allegation and fish out the members of the Nigerian Army who carried out this uncivilised act on the personnel of a sister security agency carrying out their constitutional mandates.

    “Having regard to the avoidable tragic incident, we humbly request you to use your good offices to cause a coroner’s inquest to be conducted into the cause of the death of this police officer and make appropriate recommendations under Section 15 of the Lagos State Coroner’s Law 2007 which provides that an inquest shall hold whenever a coroner is informed that the death of a deceased person within his Coroner District is as a result of a death in a violent, unnatural or suspicious situation”, the letter stated.

  • Special court for oil thieves?

    Special court for oil thieves?

    Can special courts assist in solving the menace of oil theft and pipeline vandalism? The Nigerian National Petroleum Company Limited (NNPCL) believes so. With the Federal Government’s decision to set up the court, ROBERT EGBE examines the issue.

    Last Thursday’s disclosure by the Minister of State for Petroleum Resources, Timipre Sylva and the Group Chief Executive Officer Nigerian National Petroleum Company Limited (NNPCL) Mele Kyari, that the Federation Government has agreed to set up a special court to expedite the trial of oil thieves and pipeline vandals in the Niger Delta, is the country’s latest move to check the menace of oil theft.

    It follows repeated calls by Kyari since last April 7, when he appeared before the House of Representatives’ Committee on Petroleum Resources (Upstream) on the same subject matter.

    Showing the committee photos and videos of how the country’s crude oil assets are being vandalised and the products stolen, he urged the legislature to establish a special court that would handle cases relating to oil and gas to accelerate prosecution of oil thieves.

    “I am not sure that we are short of legislation; it is life imprisonment for attack on these facilities. So, there are laws to support this. All we need to do is to increase the advocacy so that the legal process takes its course, prosecutions are done timely.

    “I will recommend that we set up a special court for this. Such cases will be speedily dealt with, so that it is not just the ordinary ‘small’ people that you see at those locations that are prosecuted.”

    In his view, large scale crude oil left and export requires considerable resources and it is an elitist crime.

    “We know that to sell crude oil in the international market, it is not the business of the ordinary people that you see in these illegal refineries. It is an elitist business and we must have the courage to set up very independent special courts to try cases related to this.

    “Otherwise, the impact it has on our economic outlook – our ability to generate foreign exchange and in terms of energy security for this country – is threatened by a very few people. Clearly, they are a few people. It is not beyond us.” Kyari said.

    Billions lost to oil theft

    According to the Nigeria Extractive Industries Transparency Initiative, NEITI, the country lost 619.7 million barrels of crude oil valued at $46.16 billion or N16.25 trillion in 12 years from (2009 to 2020).

    NEITI, in a statement on December 14, 2022, backed the decision of the Federal Government to set up Special Investigative Panel on Oil Theft and Losses.

    The NNPCL in a statement last September 12, said it loses 470,000 bpd of crude oil amounting to $700 million monthly due to oil theft.

    Indigenous oil producers in a statement last March 8 said oil thieves were raking in ‘petrodollars’ while the country was bedevilled by low production.

    Other special courts

    Special courts are nothing new.

    On February 1, 2018, the Lagos State Government made history when it set up four special courts for sexual offences and corruption (economic and financial crimes).

    The Sexual Offences Court was the first of its kind in Nigeria.

    Then Governor Akinwunmi Ambode, expressed hope that the courts would facilitate expeditious hearing and trial of sexual and financial related crimes.

    On August 6, 2021, the Federal Government okayed the establishment of a specialised court for child offenders.

    The decision, which was announced by the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, came barely a month after a nine-year old girl was identified as the culprit behind a fire incident that razed down a popular supermarket in Abuja.

    There are also specialised courts which require judges with specialised knowledge of the issues that come before the court.

    They include the National Industrial Court, Court Martial, Coroners Court and Juvenile Court, among others.

    Why special oil theft court?

    Why should oil theft suspects not be tried in regular courts?

    Head of Service, Edo State, Mr. Anthony Osas Okungbowa in an article last December titled “Crude Oil Theft: Whither Nigeria?” backed the idea of a special court.

    He reasoned that the problem  is so serious that the court should be set up “as a matter of national emergency.”

    Evidence also abounds to back Kyari’s allusion to illegal oil export being an elitist crime. Top politicians, military brass both serving and retired and international oil corporations are believed to be behind the crime. They mostly have deep pockets with ability to evade or compromise justice in regular courts.

    The ‘signs’ of security forces participation in oil theft were documented in a Chatam House publication by Christina Katsouris and Aaron Sayne titled Nigeria’s Criminal Crude: International Options to Combat the Export of Stolen Oil.

    The authors listed them as follows:

     Over a dozen retired military officers, including a rear admiral, were arrested on suspicion of oil theft during the 2000s; all were later freed without charge.

     One brigadier general, then a commander in the Joint Task Force (JTF) – which combines army, navy, air force and mobile police units – that patrols parts of the delta, was relieved of his post in March 2006 owing to alleged involvement with illegal bunkering.

     Ships impounded by the JTF or navy have allegedly been released under political pressure, or have gone missing, only to turn up later reflagged and repainted.

     Security and oil company sources report having seen ships engaged in oil theft pass freely through maritime check points, in full view of military patrols.

     Others claim to have observed rank-and-file JTF officers standing guard at illegal tap points and providing armed escort to ships loaded with stolen crude.

     Sources in the security forces also claim that officers lobby strongly to be posted to the delta region, while others pointed to cases where senior officers were redeployed for refusing to engage in or turn a blind eye to theft.

    Potential problems

    Oil thieves’ ability to influence the course of justice is an issue the court will have to guard against.

    The case of nine oil thieves and their vessel MT Camillie Mongolia (with registration number 7323473) caught with N200 million worth of stolen crude oil in 2015, is often cited as an example of how such could occur.

    They were subsequently punished with a N2,000 fine after entering a plea bargain with the prosecution, handled by the Federal Ministry of Justice.Even, the judge, Justice Okon Abang, was shocked.

     Justice Abang said: “The prosecution that pledged to prove their case before the court beyond reasonable doubt in April 2016, rather, in October 2021, somersaulted and decided to settle the defendants as if they did not steal 4,000 metric tons of crude oil, the property that belongs to everybody in this country.

    “A period of about four years after, the prosecution then filed further amended charge that did not only reduce the counts from three to one, but now charged the defendants under a written law where the defendants are found guilty, they will pay fine of N2,000 each, not life imprisonment or life jail, that the earlier counts in Miscellaneous Offences Act would attract.”

    The judge lamenting that the constraints of the plea bargain prevented him from imposing heavy punishments on the defendants, emphasised the seriousness of the economic adversity oil theft causes Nigeria.

    “Through the amendment, the charge and plea bargain agreement, parties were able to tie the hands of the court,” Justice Abang said.

    Speaking during a ministerial briefing by the Presidential Communications team at the State House, Abuja in August, 2022, Kyari repeated his claim of the elite or “highly placed” Nigerians, (including the religious), community leaders and government officials as being fully involved in the theft.

    He alleged that stolen products were warehoused in churches and mosques with the knowledge of all members of the society where the incidents occurred, including the clerics.

    According to him, no fewer than 122 persons involved in the various activities were arrested from April to August this year.

    Government reluctance to prosecute

    Another potential problem is the government’s alleged reluctance to name and prosecute suspected oil thieves.

    The Socio-Economic Rights and Accountability Project (SERAP) alluded to this in Suit No ECW/CCJ/APP/53/22 filed last November before the ECOWAS Court of Justice in Abuja against the Federal Government.

    It challenged the government’s alleged “failure to probe the operations of illegal oil pipelines between 2001 and 2022, to name and prosecute those suspected to be involved, and to recover proceeds of crime.”

    The suit was filed by SERAP, Eric Dooh (who is suing for himself as a leader of the Goi Community in Gokana Local Government Area of Rivers State, and on behalf of the Goi Community), and 15 other concerned Nigerians.

    The applicants claimed that “The Buhari government has failed to exercise due diligence to prevent and combat oil theft; to investigate and prosecute suspected perpetrators, and recover proceeds of crimes; and to respect, protect, promote and fulfil people’s rights.”

    The plaintiffs further contended that the destruction of vessels used for crude oil theft by security agencies under the command of the defendant was illegal and was done to conceal the identity of the perpetrators.”

    “It is further contended that the forfeiture of any vessel used for illegal activity can only be lawfully carried out pursuant to the order of a Court of competent jurisdiction.”

    The suit followed recent reports of the discovery of at least 58 illegal oil pipelines used to steal the country’s oil wealth. The stealing is reportedly carried out through the illicit pipeline connected to the trunk line via an abandoned pipeline and linked to a location in the high sea, where they load crude oil into vessels and sell overseas.

    How special courts could be organised

    Okungbowa, a Doctoral student of Constitutional Law, gave tips on how the Special Court should be constituted.

    “Some of our best legal minds should sit on those panels. Happily, Nigeria is not in short supply of such legal minds.

    “Also, trials of such cases should be open and on national television. It is also suggested that the decisions of Courts in these cases should be highly publicised, simplified, and included as a module in the teaching of history where children, even those yet unborn, can study and learn about how some people stole their commonwealth but got sanctioned for doing so.”

    Beyond special courts: Need for appropriate punishment

    Okungbowa also referenced the case the nine oil thieves and MT Camillie Mongolia as typifying why a tougher regime of sanctions be introduced.

    He said: “It is a national imperative that in dealing with this rather entrenched criminality; Nigeria must up the game in the nature and quality of sanction to underscore the importance and devastating nature of crude oil theft.

    It is a shame that the plunder of our commonwealth has gone on for so long without perpetrators being punished adequately for their crimes. Evidently, the protagonists of this serious economic crime include the high and mighty in the society who have appropriated for themselves and their generations the right to use and gratify themselves with our commonwealth.”

    Prevention better than cure

    Okungbowa also advocated investment in and introduction of technology in the management of oil resources as a way to curb oil theft. 

    “It is unacceptable that after many years of crude oil exploitation in Nigeria, we still cannot account for our oil.  In some other countries, every drop of oil exploited is completely accounted for,” he said.

  • After 16 years, NBA gets General Council of the Bar

    After 16 years, NBA gets General Council of the Bar

    • Bar Council can drive NBA’s developmental agenda, says Malami

    The Attorney General of the Federation, Abubakar Malami, SAN, has urged the Nigerian Bar Association (NBA) to see the General Council of the Bar as a platform for driving its developmental agenda.

    The General Council of Bar, also known as “Bar Council ” is charged with the general management of the affairs of the Nigerian Bar Association (NBA). It is headed by the AGF.

    The AGF spoke in Abuja during his inauguration of new members of the Bar Council.

    The inauguration came 16 years after the last Bar Council headed by the then AGF Bayo Ojo.

    Malami stated that the inauguration was significant in strengthening the NBA’s capacity to deliver on its mission and core values.

    He added that it is also relevant in expanding the frontiers of the legal profession.

    “The inauguration of the Bar Council today represents a remarkable milestone in our legal profession.

    “It presents an opportunity for constitutional heads of the legal profession and members of the Bar to meet and deliberate on pertinent issues affecting the legal profession, especially given current challenges and public perception of the profession”, Malami said.

    He charged the NBA to see the Bar Council as a vehicle or platform for driving the developmental agenda of the NBA, implementing NBA resolutions, and influencing government policies given its composition by the Attorneys-General who are strategically positioned to influence the president and state governors.

    Malami also pointed out that the NBA should consider the Bar Council as an alternate Board of Trustees or advisory body, a link or liaison with the Federal Executive Council, State Executive Councils, National and State Assemblies, Nigerian Governors Forum, Conference of Speakers of State Assemblies, etc.

    The origin of the Bar Council in Nigeria can be traced to the reference of the committee on the future of the legal profession and education which was set up in 1959.

    The Bar Council comprises the AGF, state Attorney Generals and 20 Members of the NBA with a stipulation that not less than seven of them shall be legal practitioners with 10 years post-call.

    Section 12(4) of the NBA constitution provides for the Bar Council to make rules from time to time on professional conduct in the legal profession and cause such rules to be published in a Gazette and distributed to all the branches of the association.

    The function of the Bar Council was last performed in 2007, when Mr. Ojo, as President of the Bar Council issued the Rules of Professional Conduct that is currently in operation.

    Attempts to reconstitute the Council since then failed, creating a gap in the regulatory structure of the legal profession.

    Noting the need for the Bar Council and the NBA to work together, Malami said: “While I must appreciate the agenda or spirit of exclusivity and limiting State control, I must say that we are all members of the same family and as such our commitment and focus must be on the development and sustainability of the legal profession, rather than on issues that perpetuate distrust or disunity.

    According to the AGF, the NBA has the mandate of promotion and protection of human rights, the rule of law, and good governance in Nigeria, and it needs the Bar Council to be able to achieve this mandate.

    “A critical look at the composition of the Bar Council shows that the NBA requires the backing of the Bar Council in achieving the foregoing mandate. A body which consists of all the Chief Law Officers in the Federation, cannot simply be ignored by any leadership of the NBA which is truly desirous of making significant impact on the administration of justice and promotion of the rule of law generally in Nigeria”, Malami noted.

  • NBA backs Lagos on law reforms, speedy justice

    NBA backs Lagos on law reforms, speedy justice

    Nigerian Bar Association (NBA) President Mr. Yakubu Maikyau (SAN) has commended the Lagos State Government for its law reforms initiatives towards ensuring quick dispensation of justice.

    Maikyau noted that the reforms will ensure the decongestion of the various correctional centres across the state.

    The Bar leader spoke during a courtesy visit to the Office of the Attorney-General and Commissioner for Justice, Lagos State, Mr. Moyosore Onigbanjo (SAN), alongside members of the NBA National Executive and senior members of the Bar

    According to an NBA statement the visit was in continuation of the NBA’s efforts to engender a more cordial relationship between the Bar, the Bench and the people.

    The delegation was received by the AG, the Solicitor-General and Permanent Secretary, Ministry of Justice, Ms. Titilayo Shitta-bey and some Directors in the Ministry.

    Maikyau, who expressed gratitude for the warm reception, noted that he emerged winner of the NBA election by a large percentage of Lagos votes.

    He described this as unbelievable, saying he didn’t expect to beat his opponent by such a margin.

    He added that he was back like the “one leper” mentioned in the bible to say “thank you” for the unwavering support.

    Furthermore, Maikyau extended gratitude to Governor Babajide Sanwo-Olu, the Onigbanjo and his Prosecution team in the Ministry of Justice, the Police and citizens of the state for their swift response and reactions towards the death of Mrs. Bolanle Raheem who was killed on December 25, 2022 allegedly by a Police officer.

    While commending Sanwo-Olu and the Commissioner, Maikyau stated that their prompt action would send a strong message across the country to further instil and reinforce confidence in the justice system of Nigeria.

    The Attorney-General stated that the visit was rare as this was the first time an NBA President would visit the Ministry after winning the NBA election.

    This, the Commissioner added, showed the kind of leader Maikyau is.

    “I must say that you are a humane person because you aren’t doing this to take glory or show off how competent you are. This is impressive and what you have done today has demonstrated the kind of leader the NBA needs”, Onigbanjo said.

    On the death of Mrs. Raheem, a member of the NBA Lagos branch, Onigbanjo commended Maikyau for visiting and commiserating with her family and also visiting the MoJ to show appreciation for leading the prosecution of the case.

    The commissioner further noted that his office and the MoJ would continue to support any activity presented by the NBA and ensure speedy dispensation of justice for Raheem’s survivors.

  • Online pranks: any remedy for victims?

    Online pranks: any remedy for victims?

    Online pranks are a dime a dozen and often pose a threat to Nigerians’ privacy. Bibitayo Emmanuel Ojo writes that the pranksters are leaving themselves open to claims for damages by victims.

    Introduction

    Without a question, every source of income is steadily migrating into social media, as businesses increasingly rely on social media to reach their target consumers. Prank has become one of the key contents of the social media landscape as a way of amusement, purposefully aimed to bring public attention to perpetrators’ walls and create comments in a social media-driven economy of pay-per-click/view.

    Beyond the humour and ecstasy of pranks which gratify the impulses of the larger audience, it is worthy of note that the pranks instigate several legal issues among legally minded people and victims of pranks who are sometimes left stranded due to ignorance of their rights and remedies. This balance of economic, societal, and personal interests of individuals is important to help pranks less harmful to persons as well as marketing outcomes. In this article, I consider some of the legal issues that implicate pranks, especially on social media.

    Online Pranksters’ Modus Operandi

    A prank is a ludicrous event or acts performed to entertain, amuse, or ridicule others. It is, as anthropologist Richard Bauman correctly suggests, an act of humorous deception[i]. A trickster plays a practical prank on an individual (i.e. a victim) who does not anticipate being the topic of any derision or comedic situation.

    A prank is not a new occurrence in the world of entertainment, and television producers have exploited it frequently for decades. Practical jokes, on the other hand, have just recently begun to be used for online branding reasons in modern marketing, contributing to one of the most recent trends.

    Professional pranks are usually complicated performances that are prepared ahead of time and have predictable outcomes. Pranks have become a current execution approach for promotional messaging aimed to capture consumers’ attention in a highly congested environment in digital media. They are increasingly being used as captive content for videos distributed online by brands in order to market themselves and generate leads. Such video pranks show naïve customers being trapped or set up by actors in pre-planned marketing stunts.

    As a result, “prank videos,” much like the traditional comedy process, frequently exhibit a number of characteristics that are not favourable for anyone engaged in the creation, execution, or viewing of the video. Most YouTube prank films that cause such issues feature the content creator, or prankster, approaching strangers who are going about their business and pulling any number of different “pranks,” which in this context aren’t even typical pranks. The so-called “prank” is frequently little more than a simple annoyance, such as asking a vague or provocative question, acting in a deeply unusual way around strangers, or blatantly pestering them. Even worse, some content producers stage their videos with actors but fail to disclose to the audience that the circumstances are made up. Even worse, some video producers use sexist or racist taglines to draw in more viewers and boost ad income. All of these elements combine to produce videos that are highly obscene on the part of the content provider and cause viewers to respond in a distressing manner.

    Prank victim’s reasonable expectations of privacy

    The primary goal of this article is to amplify the likely data privacy issues emerging from video pranks and pranksters in this astronomical development of technology and social media. The majority of these issues stem from a reasonable expectation of privacy.

    The concept of a reasonable expectation of privacy is the belief that there are some places and times when you may properly expect to be free from public scrutiny. This often comprises the home as well as the curtilage of the home, which may include the yard or garden, as well as any shed or other structures.

    Because a person has a reasonable expectation of privacy, anyone who unreasonably and seriously jeopardizes another’s interest in keeping her affairs private can be held liable for that exposure or intrusion.

    Ordinarily, a home is where there should be a reasonable expectation of privacy, however, a level of privacy is expected in the public. Although, reasonable expectation of privacy can be tricky outside the home as someone may not have a right to seclusion when in public view. The law can still protect people from being portrayed in a way that could be considered humiliating or from having their private details broadcasted since the public doesn’t have a legitimate interest in such information and the victim reasonably expect the conversations to expectation

    In Katz v. United States[ii], the court handed down the tests for determining when the public has a general expectation of privacy. These objective tests are as follows:

    The individual has a reasonable expectation of privacy in the situation at hand.

    That expectation was one that society would accept as reasonable.

    This implies that the individual must identify the situation at hand as one that needs to be kept private from the general public and that such expectation must be accepted by the general public after passing through the spectrum of reasonability tests. As a result, an individual at his home, in the vicinity of his home, or in public whose private discussion or acts are not intended for public consumption has a reasonable expectation of privacy. An exception to this rule is where quality consent for publication is acquired. To gain quality permission, the target must agree to be a part of the prank and to the prank being recorded for public viewing. There must be clear clarity about what will be involved. Obtaining consent from someone for something they do not understand is not consent. Lack of consent is a sufficient reason to contest the prankster’s handling of a victim’s data.

    The question that came to mind is whether prankster has a legitimate interest in the processing of hoax videos. Unlike the Article 6(f) of the General Data Protection Regulations (GDPR) the Nigerian Data Protection Regulation (NDPR) does not provide for Legitimate interest as a basis for the lawful process of personal data in Nigeria

    Legitimate interest occurs when data processing is required to further the data controller’s legitimate interest. A data controller’s legitimate interests can include economic interest, justice et al. Prank videos may be of economic interest to a prankster. However, where the interest of a prankster conflict with a victim’s fundamental right that must be protected, the victim’s interest takes precedence. It is reasonable to conclude that a prankster can have a legitimate economic interest in processing such data only if his interest would not conflict with that of a data subject.

    Since pranks cannot be separated from the invasion of the victim’s privacy, there is a conflict with the fundamental right to privacy and freedom in most pranks, and as such, the prank victim’s interest takes precedence. Against this backdrop, it is arguable that a prankster’s legitimate interest is undermined when there is an invasion of privacy unless quality consent is obtained

    In what ways do pranks invade privacy?

    Prank is not expressly captured or defined in the Nigerian legal framework; however, it is argued that unauthorised video recording either in private or public is against the spirit of constitutionalism and a breach of privacy. Section 37 expressly provide for the right to privacy of citizen in the home, on telephone conversation, correspondence, and telegraphic communication.

  • ‘Why I would love to be a judge’

    ‘Why I would love to be a judge’

    Eight years after she gained admission to study Law at the Obafemi Awolowo University (OAU), Ile-Ife, Lois Abisade Reuben became the first legal practitioner in her family when she was called to the Nigerian bar last month. She tells ROBERT EGBE that not even prolonged university strikes, near depression and ill health during her bar finals could stop her from realising this childhood dream.

    I am Lois Abisade Reuben. I am from Gbogan, Ayedaade Local Government Area (LGA) of Osun State.

    Missionary family

    I was born into the family of Pastor Reuben Adebayo Morakinyo, and Deaconess Dorcas Morakinyo of The Apostolic Church Nigeria (TACN)

    I was the fifth and last child until I lost an older sibling some years back; I just have three older siblings now. We are a tightly knit clan, God-fearing people; we share so much love, respect and support forone another other. I value the sacrifices they have all made for me to be where I am today and I cherish them greatly.

    Wide knowledge of Nigerians

    As I said earlier, I was born into a missionary family, we were always on the move from one place to another, so I attended quite a few schools, for the better part of my primary school. I attended Lucy Memorial Nursery/Pry School, Madalla, Niger State. I attended Junior Secondary School Zuba, Niger State and then transferred to JEFAD College, Shasha Akowonjo, Lagos. I further attended Federal Government Girls College, Owinni, Oyo State, for my senior secondary school education. This has given me the opportunity to meet with people from various tribes in Nigeria, and I’m not shocked when people mention where they’re from; they are even more shocked that I can speak bits and pieces of their languages, particularly greetings or share a few stories about their culture and food. Sometimes I’m often mistaken for an Igbo girl, because of the way I look and speak; it’s always a funny encounter every time.

    First lawyer in family

    I don’t have any family member that is a lawyer. I’m the first lawyer both in my nuclear and extended family.

    Inspiration to study Law

    At the time I was making a choice, in my head, Law seemed like the only worthwhile course to study as an Art Student. This is not to demean other courses; there was just not much exposure to the career choices available to an Art student. But I took it upon myself as a challenge to study Law. Somewhat, it has also been like a childhood obsession, so it stuck with me. It was, however, later on, that I saw it as an opportunity and mandate to give back to society with regard to helping the defenceless. Law has been the first and only choice.

    Surviving ASUU strike, near depression

    I attended Obafemi Awolowo University (O.A.U) Ile -Ife Osun State, (a.k.a. Great Ife). I was admitted in 2O14 but didn’t resume until 2015 after about eight months of the Academic Staff Union of Universities (ASUU) strike. Studying law at the university was very stressful for me, the journey was long and exhausting; I had my fair share of ups and downs, and I had to make do with the little I had to ensure that I gave my best. In my fifth year, I was almost depressed because the essence of studying was almost lost considering the state of the educational system. But thank God for good friends and family who surrounded me and I scaled through. I finished with a second-class honours (upper) division, and a 4.01 Cumulative Grade Point Average, CGPA).

    Most memorable experience

    My most memorable experience on campus was when I joined Junior Chamber International OAU, and I was elected as a Vice president shortly after I joined the organisation. It further entrenched in me the value of giving back to society, just as one of its popular slogans state “service to humanity is the best work of life.”

    Writing Bar finals despite hospitalisation

    Law School was more difficult than I imagined. I was admitted to a hospital on the first day of my bar finals; I still wrote my exams with an intravenous injection in my left hand. I thank God I was able to write the exams successfully though I was ill. The fear of Law School is the beginning of wisdom. I was mostly scared because of the grading system, the rigour of studying in Law School cannot be undermined either, though it is expected that one should be a hardworking student nonetheless. 

    Read Also: Judge orders magistrate, police to justify lawyer’s detention

    Success formula

    My formula for success was first to read before classes, listen attentively during classes, take notes and read them immediately after classes/doing class tasks. However, the most important formula for me was having a relationship with God; the Bible has said that we should commit our ways to God and he’ll direct our path. One cannot undermine the place of God in life, least of all your academics.

    Winning Public International Law prize

    I won an award at the university but I couldn’t attend my convocation because I was at Law School. It (the award) came as a huge surprise. It was Prof. D.A. Ijalaye’s prize for Public International Law

    Call to bar party

    My siblings organised a small family get-together to celebrate and I had a Thanksgiving in church to give back glory to God. It was really memorable.

    Law School grading system complaints

    The complaints are justified, one should not be graded by the least score and it is really a painful experience especially when you know how well you have prepared and the knowledge you have. The grade in most cases than not is not a true representation of the academic and mental capacity or prowess of most students who fall under this yardstick. Sometimes the fear of the grading system is what makes most people fail. The implication most times is that it reduces some students’ self-esteem and affects one’s employability rate, as most firms already have a standard that excludes a certain set of grades, except in special circumstances. However, I understand the academic standpoint of the Law School that to truly show that you are well-rounded, you must never have a weak link, you must truly show that you have mastered all courses. It is, however, sad that the theoretical aspect of law and the practical aspect are worlds apart as most students who are affected by the grading system forge ahead to do well in practice. The system could be adjusted to the university setting by using the CGPA measure.

    Law School curriculum needs upgrading

    I regret to say that it is not enough, it is just a good and basic foundational skill that is essential for practice but concerning innovations in practice, this requires one’s extra personal efforts and experience to build on. The curriculum should be adjusted to accommodate these innovations in order for one to survive and maintain relevance in the evolving legal system.

    Don’t scrap wig, gown

    No, it shouldn’t be scrapped; it is our identity as lawyers and such regalia in consonance with one’s legal knowledge add this extra feel of honour and prestige.

    Marrying a lawyer?

    Of course, especially a very smart one. You have someone to rub minds with, banter and share knowledge and most likely start a firm together.

    SAN, Professor or Judge?

    A judge. I enjoy criminal and civil litigations and hope to have the opportunity to explore that field. I had the privilege of doing my externship in the High Court of Ogun State, Sagamu under the supervision of Hon. Justice T.A Okunsokan. It was an eye-opening and life-changing experience. It is a life of reverence for the law and requires devotion to the knowledge of the law thoroughly. It will be a tough challenge as I even have doubts about my capabilities sometimes but it is not impossible to achieve, thus I can do it.

    It’s Law or nothing

    I  love watching (Korean, especially) movies. I’ve been told that I’m dramatic but I wouldn’t venture into Theatre Arts. I would still choose law but I would most likely strive to study abroad instead.

    The future

    Study for my Masters after my National Youth Service Corp (NYSC) programme and return to practice litigation fully.

  • Bar Council for inauguration January 9

    Bar Council for inauguration January 9

    The Attorney General of the Federation (AGF), Abubakar Malami, SAN, has approved the inauguration of the General Council of the Bar.

    The General Council will be inaugurated on January 9, 2023, at 10am at the Abuja Continental Hotel, Wuse Zone 4.

    The General Council of Bar, also known as “Bar Council” is charged with the general management of the affairs of the Nigerian Bar Association (NBA). It is headed by the AGF.

    The notification of approval was contained in a letter from the Permanent Secretary of the Ministry to the NBA President, Maikyau, dated November 23, 2022.

    It reads in part: “I wish to refer you to our previous letter with Ref No MJ/PRS/LAD/015/11 dated 21 November 2022, on the above subject and to inform you that the Attorney-General and Minister of Justice has approved the inauguration of the General Council of the Bar.”

    Other members of the Bar Council are the Attorneys- General of the States and 20 NBA members.

    According to Malami’s letter, the 20 persons are Aikpokpo-Martins Obaika, Agada Mercy ljato, lgba Theophilus Terhile, Oyeyiola Durodoluwa Emmanuel, Bello Abdulganiyu, Usman Joshua Enemali, Abdullahi Faskari Barau, Nduka Rapuluchukwu Ernest, Anizoba Obi Lawrence and Nwaeze Nnaebuka Onyebuchi.

    Others are Anagor Rapheal Nnamdi, Agi Anne Uruegi, Okwun-Kalu Dave Ndara, Oladapo Olalekan Idowu, Lagbamue Isreal Solomon, Edun Olukunle Ogheneovo, Akintayo John Oluwole Akinbiyi, Onwere Victor, Chinonye, Maidoki Muhhammad Mahmood and Agbaga Dennis Ejakpovwere.

  • NBA releases guidelines for bar practising fees payment

    NBA releases guidelines for bar practising fees payment

    The Nigerian Bar Association (NBA) has published the guidelines for payment of bar practising fees for 2023.

    Payment for the 2023 Bar Practising Fee for Lawyers commences from the January 1, 2023 till March 31, 2023.

    The NBA, in a statement on Sunday, said members of the Inner-Bar and Body of Benchers are to pay a one-time fee of N50, 000, whereas practitioners of above 15 years standing shall pay N25, 000.

    The statement signed by NBA National Treasurer, Caroline Ladidi Anze-Bishop, reads in part “May I respectfully bring to your attention that the annual Bar Practising Fee payable by all lawyers enrolled at the Supreme Court is now due and must be paid between today, 1 January 2023 and 31 March 2023.

    “Suffice it to point out that aside the customary two free packs of 24 NBA stamp & seal attendant upon payment of BPF as and when due, other benefits akin to the timeous payment of BPF include but are not limited to :-

    • An Automatic Insurance policy with Leadway Assurance Scheme.

    • National Health insurance scheme (NHIS)benefit privilege

    • Requirement for Notary Public Status Application.

    • Requirement for the Application for the Senior Advocate of Nigeria Rank (SAN) Application.

    • Eligibility to vote at NBA and Branch elections.

    • Eligibility to run for NBA and Branch Elections.

    • Eligibility for the receipt of the letter of good standing and much more.

    According to the statement, the other schedule of Bar Practising fees per year of Call is as follows:

    • Legal Practitioners of 10-14 Years post call- N17,500

    • Legal Practitioners 5-9 Years post call – N10,000

    • Legal Practitioners of 1-4 Years post call- N5,000.

    It said payment for the BPF can only be made via the NBA Portal, which allows for both individual and group payments.

  • Alleged landgrab: Firm petitions Lagos AG, Taskforce

    Alleged landgrab: Firm petitions Lagos AG, Taskforce

    A firm, Redline Properties Limited (RPL), is seeking the Lagos State Government‘s intervention in resolving a land ownership dispute in Ibeju-Lekki, following what it termed partisan interference by state officials.

    RPL claimed that some state officials had unlawfully aided its rival to destroy its property worth millions on the land at Lagos/Epe Expressway opposite Alaun Town via Eleko, Ibeju-Lekki.

    The firm linked the source of the crisis to the state government, alleging that it appeared to have issued two Certificates of Occupancies (C of O) on the disputed land to both parties.

    In a petition to the Lagos State Special Task Force on Land Grabbers, RPL lamented the alleged collaboration between the unnamed government officials and land grabbers to fraudulently forcibly seize the property.

    The petition, dated December 22, and written on the firm’s behalf by one Mr. Olalekan Olaleye, sought the intervention of Governor Babajide Sanwo-Olu and his Attorney General and Commissioner for Justice, Mr. Moyosore Onigbanjo.

    It described the land as measuring 3,988.399 square meters, with C of O dated June 5, 2016, registered as No.56 on page 56, volume 2016E at the Lands Registry. The petitioner said it acquired the land from Mr. Femi Romiluyi and Mrs. Abisola Romiluyi who were the assignors, with the sum of N120,000,000 in 2018.

    The firm alleged that its structure on the said land with Survey Plan No: FSC/LA/1595/103/2007, dated October 30, 2007, is currently being destroyed by another firm, with the backing of some government officials in an attempt to illegally acquire it.

    RPL said its investigation of what led to the destruction of its structures on the land revealed that the same said landed property in question that had a C of O was re-allocated thereafter without recourse to the existing C of O to another firm, Taj-Kay Ventures.