The Nation Newspaper

Category: Law

  • Lagos launches mobile application for tracking SDV cases

    Lagos launches mobile application for tracking SDV cases

    Lagos State government has launched a Domestic and Sexual Violence Case Management System (DSVCMS) application for recording, tracking cases of sexual and other forms of gender-based violence for improved efficiency.

    The event took place at the Protea Hotel, Central Business District (CBD), Alausa, Ikeja.

    Executive Secretary Domestic and Sexual Violence Agency (DSVA),  Mrs Titilola Vivour-Adeniyi in a welcome address said the handling and management of SGBV cases was being done manually from the filling of complaint forms, to printing referral letters to other referral and responder agencies, to dispatching letters, following up of cases, and other related manual processes.

    She said that the process changed when the DSVA  in 2021, inaugurated the Unified Response Protocol and Referral Pathway document (URPRP), the first of its kind in Nigeria, with the support of the joint EU-UN Spotlight Initiative, adding that the development of the DSVCMS mobile application was also part of the support provided the DSVA by spotlight initiative.

    Mrs Vivour-Adeniyi disclosed that the new application, DSVMCS, which has been in the testing phase for the past one year, “digitalizes management of cases, end to end, across the relevant responder agencies.

    “At the touch of a button, relevant responder agencies are able to input details of cases and also update information of action taken. This information would be accessible to the entire eco system thereby increasing accountability and transparency.

    “This, we believe, would enhance our ability to follow up on cases and ensure all relevant responder agencies, including the police, healthcare, social services and partner non-governmental organisations are able to discharge their roles optimally.

    “By virtue of the DSVCMS, we would be able to attend to cases, make necessary referrals to responder agencies and manage cases digitally, thereby optimising our operational efficiency”, she said.

     The DSVA executive secretary emphasised the need to engage a technologically savvy system to report or manage cases, to prevent other social media platforms from compromise confidentiality which she said is sacred in responding to SGBV.

    Head of Case Management, Mrs Tumininu Oni, explained that COVID-19 exposed the limitation of the manual procedure which was formerly being used to report and track cases such that many cases happened but were not received.

    Mrs Oni said their response to the development was to have a dedicated platform that can be accessible to all responders such that reported cases would be recorded and tracked effectively.

    She said the DSVMCS platform would in addition strengthen follow-up services which ensure survivors ultimately have access to justice.

    “The platform will also ensure smooth referral services across responders agencies stressing, “it is to ultimately avoid sending cases through whatsapp and other social media platform which impedes on clients and confidentiality.”

    Mr Lawal Rashid who represented the Director, Lagos Bureau of Statistics, Tayo Oseni-Ope, lectured the participants on how to keep and interpret data of cases of sexual and domestic violence.

  • Dilapidated courtrooms worry Benue CJ, SAN

    Dilapidated courtrooms worry Benue CJ, SAN

    Chief Judge of Benue State Justice Aondover Kaka’an has deplored the decay of infrastructure in the state’s courtrooms and staff quarters.

    He said the situation has been hindering administration of justice.

    This was contained in a statement issued by the media consultant to the Godwin Obla Foundation, Steve Anyebe.

    Justice Kaka’an said many of the courtrooms had become uninhabitable with leaking roofs, broken windows and decayed furniture, while staff quarters have been taken over by rodents and reptiles.

    He said lack of funds had made it impossible to refurbish and employ staff to work and live buildings.

    The statement quoted Justice Kaka’an to have spoken at the commissioning of a newly built Bar Centre and a renovated High Court Complex, in Otukpo, Benue State, by the Chief Godwin Obla Foundation.

    “The Benue State Judiciary has a heavy yoke of a dilapidated infrastructure that is hindering the effective administration of justice. Many of our courtrooms have become uninhabitable with leaking roofs, broken windows and decayed furniture, while our staff quarters have been taken over by rodents and reptiles due to lack of funds to refurbish them and employ staff to work and live therein,” the CJ said.

    He, however, pointed out that he was not, in anyway, indicting successive administrations in the state as some of them “have made significant efforts in repositioning the judiciary.”

     The Chief Judge commended the Governor Samuel Ortom administration and  Godwin Obla Foundation for “having done well” for the judiciary in terms of physical projects and manpower development.

    He urged other public-spirited individuals to emulate the good gesture of Chief Godwin Obla, the chairman of the foundation stressing that government alone cannot shoulder everything.

    Justice Kaka’an also tasked the Benue State branch of the Nigerian Bar Association, NBA, to take the challenge and expedite action on the ongoing construction of the Bar Centre at the premises of the High Court Headquarters, Makurdi.

    He said, “The selflessness exhibited by Chief Obla (SAN) is a scarce commodity in our country today, where people are more inclined to take from society than give back.

    “He definitely had numerous personal needs yearning to be met, but chose to apply his resources to this project for the good of the society. He deserves a thunderous applause and eternal appreciation from us.

    “Chief Obla’s noble deed challenges the rest of us to give back to the society that has nourished us and from which we have taken so much.

    “His action re-echoes the words of a former American President, John F. Kennedy, who famously told his countrymen to ask not what the country could do for them, but what they could do for the country.”

    He pointed out that the attitude of waiting for the government to do everything is inimical to progress, especially as the reality of dwindling public revenues stares us in the face.

    He hoped that the NBA Makurdi Branch will take up the challenge and expedite action on the ongoing construction of a Bar Center at the premises of the High Court headquarters Makurdi.

    Earlier, the chairman and chief executive of the Godwin Obla Foundation, Chief Godwin Obla, who re-echoed the concern of the chief judge of the state, lamented how judicial officers worked under harsh environment across the state.

     “Our Judges are the most intellectually-endowed and forthright judges in the country”, he noted.

    He said the initial focus of the foundation was the construction of the BAR Centre, named after an illustrious son, Chief Morgan Ogbole, but added that the foundation thereafter found the need to rehabilitate the adjoining High Court that was in a sorry state.

    Obla charged the staff of the court to make judicious use of the renovated court, noting that “the staff of the court have a moral obligation and responsibility to keep the court in good and habitable condition expected of a Superior Court of record.”

  • 2023: All eyes on judiciary

    2023: All eyes on judiciary

    The judiciary will again be the focus this year for the determination of the fates of many, just like it did last year for a Dane Peter Nielsen who is to hang for the double murder or Nollywood actor Baba Ijesha who bagged 16 years for defilement and Labour Party (LP) chieftain Dr. Doyin Okupe who got two years for money laundering-related offence, among others. Currently,  Ahmed Idris, Drambi Vandi, Rochas Okorocha, Olasupo Shasore, Chidinma Ojukwu, Naira Marley, Abdulrasheed Maina, Mompha, Nnamdi Kanu, among others, are now a permanent feature of Nigerian judicial lexicon following their interactions with the court. They and others promise to make the justice sector a source for non-fiction box office-quality courtroom drama. ERIC IKHILAE, ADEBISI ONANUGA and ROBERT EGBE report.

    The trial of the suspended Accountant-General of the Federation (AG-F), Ahmed Idris, and three others is expected to resume on January 30 before Justice Yusuf Halilu of the High Court of the Federal Capital Territory (FCT).

    Idris, his former Technical Assistant, Godfrey Olusegun Akindele; a director in the office of the AG-F, Mohammed Kudu Usman, and a firm linked with Idris – Gezawa Commodity Market and Exchange Limited – are being tried on a 14-count charge bordering on stealing and criminal breach of trust to the tune of N109b.

    At the last hearing on November 23, a prosecution witness, Hayatudeen Ahmed told the court that about N32billion has been recovered from the N109b allegedly looted by Idris and others.

    Ahmed also told the court how Idris voluntarily returned about $900,000 to the EFCC.

    Ike Ekweremadu

    Justice Inyang Ekwo of the Federal High Court, Abuja is expected to rule on January 25 on the applications by Llyod Ekweremadu, the son of a former Deputy Senate President, Ike Ekweremadu, Anambra State Government and a firm, Uni-medical Healthcare Limited, seeking to set aside the interim forfeiture order made in relation to some assets allegedly acquired unlawfully by Ekweremadu.

    The court had granted the interim order on November 4 upon an ex-parte application by the EFCC.

    Also, Justice Ekwo will on February 2 hear an application by the victim of the alleged organ harvesting case involving Ekweremadu and his wife, Beatrice – David Ukpo.

    Ukpo is, by the applicantion, praying the court to reverse its July 1 order for the release of his bio-data to the Ekweremadus.

    Ukpo is the young man, who Ekweremadu and his wife claimed agreed to donate his kidney to their ailing daughter.

    In the application filed by his lawyer, Bamidele Igbinedion, Ukpo queried the competence of the proceedings leading to the issuance of the July 1, 2022 order.

    He claimed that his fundamental rights to fair hearing and personal privacy had been grossly violated by the conduct of the proceedings without his involvement.

    Ukpo wondered why neither he (whose bio-data formed the subject of the suit by Ekweremadu) nor the Attorney General of the Federation (AGF), who is the nation’s Chief Law Officer, was made a party to the suit.

    Abdulrasheed Maina

    The Court of Appeal in Abuja will on February 8 hear the appeal by the jailed former Chairman, defunct Pension Reform Task Team (PRTT), Abdulrasheed Maina.

    Maina is, by the appeal seeking to reverse his conviction and imprisonment over money laundering offences.

    Maina was convicted on November 8, 2021 by a Federal High Court in Abuja and sentenced to eight years.

    He was tried and convicted with his firm, Common Input Property and Investment and Investment Ltd on a 12-count of money laundering prosecuted by the EFCC.

    Rochas Okorocha, others

    Trial is expected to resume on February 6 in the criminal case against former governor of Imo State and the Senator representing Imo West Senatorial District, Rochas Okorocha and six others.

    Okorocha and others are being prosecuted before a Federal High Court in Abuja on a 17-count money laundering charge brought against him and six others by the Economic and Financial Crimes Commission (EFCC).

    Other defendants in the charge marked: Anyim Nyerere Chinenye, Naphtali International Limited, Perfect Finish Multi Projects Limited, Consolid Projects Consulting Limited, Pramif International Limited, and Legend World Concepts Limited.

    Maryam Sanda

    The Supreme Court will on September 21 hear the appeal by an Abuja-based mother of one, Maryam Sanda convicted and sentenced to death for the murder of her husband, Bilyaminu Bello, cousin of a former National Chairman of the Peoples Democratic Party (PDP), Haliru Bello.

    Sanda has been in prison since January 27, 2019 when she was convicted by a High Court of the Federal Capital Territory (FCT). The conviction and sentence were upheld by the Court of Appeal, Abuja in a judgment delivered on December 4, 2020.

    Cop’s trial for ‘killing’ pregnant lawyer

    One of the most shocking deaths of 2022 was that of the killing of an expectant lawyer, Mrs. Omobolanle Raheem in Lagos on Christmas Day.

    Raheem was alleged to have been unlawfully shot and killed by Mr. Drambi Vandi, an Assistant Superintendent of Police (ASP) while she sat in a moving car with some members of her family.

    A Yaba Chief Magistrate’s Court in Lagos last Friday remanded Vandi in the Ikoyi Correctional Centre till January 30, 2023, pending advice on the case from the Office of the Lagos State Directorate of Public Prosecutions (DPP).

    Chidinma Ojukwu

    A Lagos State High Court sitting at Tafawa Balewa Square will on January 11 resume the trial of Miss Chidinma Ojukwu, the prime suspect in the murder of the Chief Executive Officer of Super TV, Usifo Ataga.

    Ojukwu, a 300-level Mass Communication student of the University of Lagos (UNILAG), is the prime suspect in Ataga’s murder.

    She is standing trial for the alleged offence alongside her sister and third defendant Chioma Egbuchu, and second defendant Adedapo Quadri.

    They have been on trial since October 12, 2021, when they were arraigned at the high court before Justice Yetunde Adesanya.

    According to the Lagos State Government which is prosecuting them, the alleged murder took place on June 15, 2021, at 19, Adewale Oshin Street, Lekki Phase 1, Lagos.

    Ojukwu and Quadri are facing the first to eight counts bordering on conspiracy, murder, stabbing, forgery, making of bank statements and stealing.

    The third defendant, Egbuchu, is facing the ninth count – stealing of iPhone 7 belonging to the late Ataga.

    The defendants denied the charge.

    In a video played in court, Ojukwu allegedly confessed to the crime.

    However, when she entered the witness box, Ojukwu denied making the confession of her free will. She told the court that she was coerced by the police into admitting to the crime.

    N1.4b Union Bank hacking case

    The Federal High Court sitting in Lagos will on January 24 resume proceedings in the trial of a Kogi State House of Assembly candidate Ismaila Yousuf Atumeyi and a former employee of Union Bank Abdulmalik Salau accused of hacking the computer network of Union Bank and stealing N1,403,343,400 billion.

    The duo and a third defendant, one Ngene Joshua, were arraigned by the Lagos Zonal Command of the Economic and Financial Crimes Commission (EFCC) on an 18-count charge before Justice Tijjani Ringim.

    The trio pleaded not guilty.

    The first defendant Atumeyi is the New Nigeria Peoples Party (NNPP) candidate for the Ankpa 11 Constituency for next year’s House of Assembly election in Kogi.

    The EFCC preferred an 18-count charge bordering on concealment of proceeds of fraud, money laundering and cybercrime against the defendants before Justice Tijjani Ringim.

    The defendants were alleged to have hacked into the system of the commercial bank and defrauded the institution of over N1.4billion.

    The court heard that they carried out a “modification of data held in the network of the bank, leading to the fraudulent transfer of the total sum of N1,403,343,400 to the account of Fav Oil and Gas Limited.”

    The agency allegedly recovered N326million and $140,500 from the black Escalade Sports Utility Vehicle (SUV) of one of the defendants during an operation at his hideout in Queens Estate, Gwarinpa.

    Oyedepo told the court in a charge numbered FHC/L/651C/2022, that the defendants committed the alleged offences between August and October 2022 in Lagos.

    Trial of a medical doctor for child defilement

    Trial has been fixed for today and tomorrow at an Ikeja Domestic Violence and Sexual Offences Court in the case of Child defilement brought against the Medical Director of Optima Cancer Care Foundation, Dr. Femi Olaleye alleged to have sexually defiled the 16-year-old niece of his wife.

    Dr. Olaleye is facing a two-count charge bordering on “unlawful sexual intercourse and sexual assault by penetrating her mouth with his penis” of the 16-year-old girl before Justice Ramon Oshodi.

    During the last sitting of the court, Counsel to the defendant, Babatunde Ogala (SAN) applied for a review of bail earlier granted to the defendant.

    He prayed the court to reduce his client’s bail to N10 million from N50 million and that one of the sureties should be a family or a professional colleague.

     The judge in his ruling reduced the bail from N50 million to N40 million with two sureties in the like sum and ordered that the sureties must be property owners in Lagos State and that each property must be equal to the N40 million bail sum in value.

    Ex-Lagos AG trial for alleged $200,000 corrupt offer resumes April 4

    Trial will resume April 4 at an Ikeja Special Offences Court before Justice Mojisola Dada in the alleged case of $200,000 corrupt offer charge brought against a former Attorney General of Lagos State, Olasupo Shasore (SAN) by the Economic and Financial Crimes Commission (EFCC).

    At the last sitting of the court on December 6, Shasore through his counsel, Chijioke Okoli (SAN) had requested for more time from the court to enable him to secure some documents from the prosecution to prove his innocence in the matter.

    According to the prosecution, the defendant allegedly gave $100,000  to Mrs. Olufolakemi Adelore (then Director, Legal, Federal Ministry of Petroleum Resources) on account of the role she played in the arbitral proceedings instituted by Process and Industrial Developments Ltd (P&ID) against the Federal Ministry of Petroleum Resources.

    The prosecution also alleged that the defendant gave another $100,000  to one Mr. Ikechukwu Oguine (Secretary to the Corporation and Coordinator, Legal Services, (NNPC) on account of the role he played in the arbitral proceedings instituted by Process and Industrial Developments Ltd (P&ID) against the Federal Ministry of Petroleum Resources.

    Shasore pleaded not guilty to the charge.

    Mompha’s alleged N6b money laundering trial

    The trial of a social media celebrity Ismaila Mustapha a.k.a.  Mompha before an Ikeja Special Offences Court for alleged N6 billion money laundering will resume this month, despite him allegedly being on the run.

    Mompha, who is also facing a separate money laundering-related charge at the Federal High Court in Ikoyi, was arraigned in Ikeja on January 10, 2022, by the Economic and Financial Crimes Commission (EFCC).

    In Ikeja he was arraigned on an eight-count charge alongside his company, Ismalob Global Investment Limited before Justice Mojisola Dada by the Economic and Financial Crimes Commission (EFCC).

    He pleaded not guilty and was granted bail.

    During proceedings on September 21, trial could not proceed due to the absence of his counsel.

    On September 21, the court ordered the commencement of trial of the defendant in absentia following his incessant absence from proceedings and adjourned trial to November 16.

    Justice Dada said the trial would continue in absentia following failed efforts by EFCC to arrest him after jumping bail.

    EFCC prosecuting counsel, A.O. Mohammed had told the court that the commission had made frantic efforts to arrest the defendant.

    Trial judge, Justice Oluwatoyin Taiwo adjourned the trial for continuation of trial.

    The judge also issued a bench warrant for Mompha’s arrest for failing to appear in court for trial.

    Cases that made headlines in 2022

    The Court of Appeal sitting in Abuja quashed the Fed Govt’s 15-count terrorism charge against Mazi Nnamdi Kanu and ordered his release.

    Evans, one other jailed 21 years

    An Ikeja Special Offences Court on September 19, 2022 sentenced kidnap kingpin, Chukwudimeme Onwuamadike, alias Evans to 21 years imprisonment for kidnapping a businessman Slyvanus Ahamonou and collecting $420,000 dollars as ransom from his family.

     Evans’ accomplice, Victor Aduba, an ex-soldier was also sentenced to 21 years imprisonment.

    The duo was arraigned on a four-count charge bordering on kidnapping and unlawful possession of firearms by the state.

    Justice Oluwatoyin Taiwo, Justice Taiwo convicted Aduba, based on his confessional statement.

    She held that the prosecution had successfully proved the case of kidnap and possession of firearms against the convicts.

    “It has been established by the prosecution witness and main complainant, Ahamonou who was kidnapped. The question is who kidnapped him?

    “He testified that he was blindfolded before being taken to the bus. He said: ‘immediately I saw him, I said this was the person that kidnapped me’. I also watched the video where the first defendant admitted to have kidnapped PW3.

    “The first defendant sat in a comfortable chair and there was no sign that he made the statement under duress.

    Justice Taiwo said she was satisfied that her court can convict the defendants through his confessional statement.

    The judge also held that there was no proof before the court that three of the Evans men were killed by the police.

    Nollywood actor bags 16 years for child defilement

    Justice Oluwatoyin Taiwo in July sentenced Nollywood actor, Olanrewaju James a.k.a. Baba Ijesha to 16 years imprisonment for child defilement.

    The court convicted Baba Ijesha of four out of a six-count-charge brought against him by the state government.

    He was jailed for child defilement, indecent treatment of a child, sexual assault and attempted sexual assault by penetration.

    In September, Baba Ijesha was back in the court to seek a post-conviction bail pending hearing and determination of appeal before Lagos Division of the Court of Appeal.

    Baba Ijesha, through his counsel, Chukwudi Adiukwu, had on Wednesday, September 14 told the court that his application for suspension of his sentence until determination of his appeal was filed under special circumstances.

    On September 21, Justice Taiwo declined the application.

     Justice Oluwatoyin Taiwo held that Baba Ijesha’s application did not satisfy exceptional circumstances spelt out in the Lagos ACJL 2015.

    Baale Shangisha jailed 15 years for faking own kidnap

    Justice Hakeem Oshodi of an Ikeja High Court in September 2022 sentenced a Lagos monarch and Baale (chief) of Shangisha, Mutiu Ogundare for 15 years for faking his own kidnap.

    Also convicted alongside the Lagos monarch was his brother, Opeyemi Mohammed for the same term of imprisonment while his wife, Abolanle was discharged and acquitted.

    Two months after, Ogundare, through his counsels, Lawal Pedro (SAN) and Muiz Banire (SAN) had approached the court seeking to set aside his 15-year imprisonment pending determination of his appeal before the Court of Appeal, Lagos Division.

    Justice Oshodi on November 16, 2022 dismissed the application for post bail conviction.

    Money laundering: Okupe bags two years

    On Monday December 19, 2022, Dr. Doyin Okupe, a former Senior Special Assistant to ex-President Goodluck Jonathan, was sentenced to two years imprisonment for money laundering by an Abuja Federal High Court.

    The embattled Labour Party chieftain was convicted of breaching the Money Laundering Act and was subsequently sentenced to two and a half years in prison or pay a fine of N13m before 4:30pm yesterday. Okupe paid the fine before the deadline

    Justice Ijeoma Ojukwu, the presiding judge, gave Okupe an option of N500, 000 fine on each of the 26 count charges, totalling N13,000,000 for which he was found guilty in a suit filed by the Economic and Financial Crimes Commission of which Okupe was the first defendant.

    Failure to pay the fine on all the charges he was found guilty of before the deadline, would have seen Okupe sent to the Kuje Correctional Centre.

    Contempt: Court jails IGP, EFCC boss, reverses orders

    On November 29, 2022, the Federal High Court in Abuja, sentenced the Inspector-General of Police, Usman Baba, to three months in prison for flouting a 2011 court order.

    Justice Mobolaji Olajuwon made the committal order due to the IGP’s alleged refusal to comply with an earlier order of the court in 2011.

    The judge said Mr Baba should be committed to prison for a period of three months, or until his office implements an order made by the court since 21 October 2011.

    However, the IGP challenged the order and the same was reversed.

    Similarly, the Federal Capital Territory High Court Maitama, sentenced the Chairman of the Economic and Financial Crimes Commission Abdulrasheed Bawa, to jail over contempt, on November 8.

    Justice Chizoba Oji, in a ruling, said the EFCC failed to comply with an earlier order of the court.

    But on 10 November, the judge vacated the committal order made against Mr Bawa.

    In  nullifying the order, the judge said the evidence before her showed Mr Bawa had complied with the court’s order, directing the EFCC to return a Range Rover Sport vehicle valued at N40 million, which it confiscated from Mr Ojuawo, a former Director of Operations at the Nigerian Air Force.

    Court stops SSS from arresting, Emefiele

    A High Court of the Federal Capital Territory (FCT) in Garki has issued an order restraining the State Security Service (SSS) and its agents from taking steps to arrest, detain or restrict the movement of the Central Bank of Nigeria (CBN’s) Governor, Godwin Emefiele in relation to allegations linking him with terrorism financing and fraudulent activities.

    Justice M. A. Hassan issued the order last Thursday while ruling on a suit marked: FCT/HC/CV/GAR/41/2022, filed by the Incorporated Trustees of Forum for Accountability and Good Leadership (ITFAGL).

    Listed with the SSS as defendants in the case are the Attorney General of the Federation (AGF), the Economic and Financial Crimes Commission (EFCC), the Inspector General of Police (IGP) and the CBN.

    The Chief Judge of the Federal High Court, Justice John Tsoho had in the ruling of December 15, declined to grant the request of the SSS for an order to arrest, detain and interrogate Emefiele over alleged terrorism financing.

    Justice Tsoho rejected the SSS’ request on the grounds that it, among others, failed to provide evidence to substantiate its allegations against the CBN governor.

    2023: Court dismisses eigth suit seeking to disqualify Tinubu, APC

    The Federal High Court sitting in Abuja has dismissed a suit seeking to disqualify the All-Progressives Congress (APC) and its presidential candidate, Bola Ahmed Tinubu from next year’s general election.

    Justice A.R Mohammed in a judgment delivered on December 23 at about 5:25pm, struck out the suit for being a misjoinder of causes of action.

    The judge further held that the plaintiffs lacked the locus standi to institute the suit having not participated in the presidential primaries complained of.

    The suit, filed by Menuma Suleiman and three others on July 7, 2022 as Suit No: FHC/ABJ/CS/ 1094/ 2022, was the eighth suit seeking to exclude Tinubu and the APC from the presidential race.

    Army Chief sentenced to prison

    The  Chief of Army Staff (COAS), Lt. General Faruk Yahaya, was the third high-profile person to be sentenced to prison for contempt within one month.

    A High Court sitting in Minna, Niger State, issued a warrant of arrest for the army chief as well as Major General Olugbenga Olabanji, Commandant of the Training and Doctrine Command, Minna, over the same offence.

    The order was issued in respect of a suit marked NSHC/225/2019.

    The suit is between Adamu Makama and 42 others versus the executive governor of Niger State and seven others.

    Igboho files $1m suit against Benin for unlawful detention

    In February, Yoruba Nation agitator, Sunday Adeyemo, popularly known as Sunday Igboho, filed a suit seeking $1,000,000 equivalent as general damages, for each day he was imprisoned in Benin, before the Community Court of Justice, the Economic Community of West African States (ECOWAS) in Abuja against the Republic of Benin, over alleged violation of his human rights.

    He asked the court for an order awarding him general damages in an amount equivalent to $1,000,000 (U.S.) for the alleged violation of his human right by the Republic of Benin.

    Igboho after being raided at his Soka Ibadan home on July 1, 2021, by operatives of the Department of State Services had escaped to Benin Republic en route to Germany but was arrested by the operatives of the Brigade Criminelle on July 19, 2021.

    Dane gets death sentence for double murder

    On May 20, a Lagos State High court sentenced a Dane, Peter Nielsen, to death by hanging for killing his Nigerian wife Zainab, and three-year-old daughter Petra.

    Justice Bolanle Okikiolu-Ighile, gave the verdict, after finding Nielsen guilty of the offence of murder

    The judge held,” It is the judgment of the court that you, Peter Nielsen, are found guilty of the murder of Zainab and Petra Nielsen of April 5, 2018.

    “I hereby pronounce that you Peter Nielsen, shall be hanged by the neck till death, may God have mercy on you,” she said.

    Justice Okikiolu-Ighile, held that Nielsen smothered Zainab Nielsen and Petra Nielsen to death.

    She said, “He was the one that killed Zainab, Peter Nielsen was the one that killed Petra Nielsen, Zainab had already predicted her death when she told their driver that “this man will kill me”. She told her stepfather Chris Madaki, when she went to Abuja that “this man will kill me.”

    Cannabis: Nine Ghanaians bag 72 years

    Justice Akintayo Aluko of a Federal High Court, Lagos last October 24 sentenced nine Ghanaians to 72 years imprisonment for attempting to smuggle 10,843.95kgs cannabis into the country.

    The convicts included Victor Wuddah, Freeman Gazul, Adotete Joseph and Sottie Moses.

    Others are Sottie Stephen, Christian Tette, Kanu Okonipa, Daniel Koyepti, and Kanu Natte.

    Spokesperson for NDLEA, Femi Babafemi, said in a   statement that the convicts were arraigned in charge number FHC/L/292C/2021.

    Justice Aluko convicted the Ghanaians for conspiracy and dealing in cannabis.

    The judge thereafter sentenced each of the convicts to eight years in prison for their attempt to smuggle 10,843.95kgs cannabis into Nigeria through the sea.

    Peter Nwaoboshi convicted of fraud

    On July 1, the Court of Appeal sitting in Lagos sentenced Peter Nwaoboshi, senator representing Delta north, to seven years imprisonment for N322 million fraud and money laundering.

    The court also ordered that two of the senator’s firms be wound up.

    YPP Governorship candidate convicted for fraud

    A Federal High Court in Akwa Ibom State  sentenced Bassey Albert, governorship candidate of the Young Progressives Party (YPP), to 42 years in prison for fraud.

    The Economic and Financial Crime Commission (EFCC) had, in 2019, arraigned Albert on a six-count charge of allegedly taking possession of six vehicles worth N204 million when he was finance commissioner in the state.

    He was said to have collected one of the vehicles from Jide Omokore, an associate of Diezani Alison Madueke, former minister of petroleum.

    Although the senator has started serving his jail term, the campaign for his governorship bid is still ongoing.

  • Police arrest clergyman in defiance of court order

    Police arrest clergyman in defiance of court order

    A clergy man, Rev.  Joseph Ngrerem has been arrested by the Police in Imo state over issues arising from sale of landed property in defiance of the order of an Imo State High Court sitting in Owerri.

    Rev. Ngrerem was arrested  on Tuesday  few hours after an Imo State High Court restrained the Police and five others from arresting the applicant and despite that the order of the court had been served on Superintendent of Police (SUPOL) Iheukwumere.

    Justice S.I. Okpara while ruling on an exparte motion filed by Rev. Engrerem, for the enforcement of his fundamental rights, through his counsel, Ike Augustine of Equity Chambers, Owerri, in Suit No: HOW /1341/2022 issued the restraining order against the police and others pending hearing and conclusion of the substantive suit before the court.

    The 1st to 6th respondents in the suit are Rev. Fr. Casmir Nze, Chris Nze, Inspector Utashi (Investigating Police Officer, Monitoring Unit, Imo Police Command, Owerri, Commissioner of Police, Imo State,  Assistant Inspector General Of Police, Zone 9, Umuahia and Inspector General Of Police(IGP) respectively.

    The order of the court, a copy of which was obtained by The Nation was signed by the Deputy Director, Court Services, Mrs C.N. Anyanwu.

    Justice Okpara, upon considering the motion exparte, also granted leave to the applicant, to serve the substantive suit and all other processes on 1st, 3rd, 5th and 6th respondents by substituted means as follows:”On the 1st respondent through  the 2“ respondent who is the younger brother of the 1st 1espondent; on the 3rd, 5th and 6th  respondents, through the 4th respondent.”

    The court further ordered that the services when effected, shall be deemed as good and proper services of the said processes on the respondents in the circumstance of this case.

    The court thereafter fixed February 1 for report of service.

    The principal, Equity Chambers, Chief Louis Alozie (SAN) said despite that the order of the court was served on Supol Iheukwumere and his men and the Police disobeyed it and arrested and detained the applicant same day the court issued the order.

    Giving an account of the whatsapp message sent to him by Augustine, his junior in chamber who was in court for the hearing, he said four men “ in mufti and wielding AK-47 riffle, allegedly led by Inspector Utashi, the 3rd defendant , came in a bus and attempted to arrest the applicant as they stepped out of the court premises.

    He said the men, who were “dressed like kidnappers without anything to show they are policemen”, trailed them from the court.

    “If not that we advised our clients to stop when they were pursuing us, something tragic would have happened’, he said.

    Chief Alozie maintained that his client, Rev Joseph, committed no offence known to law.

    According to him, the applicant combines his ministerial work as a pastor with the job of an Estate Agent.

    He said sometime in the past, Rev Ngrerem assisted Ihiagwa community recover part of their massive land acquired for Federal University of Technology, Owerri (FUTO) during the tenure of a former governor of the state, Chief Rochas Okorocha.

    He insisted that the community compensated the applicant with some plots of land, which he like other natives, sold to members of the public, emphasizing that this was confirmed by a letter from the traditional ruler of the community, showing the sale of land transactions was genuine and lawful.

     He explained that following the approval of medical training by FUTO, the present administration of government decided to reacquire those and even more lands for purposes of teaching hospital, noting that without this later government t intervention, there would have been no problem.

    He said some of those who purchased the land took it as an act of faith, while others came for refund of their money for the now failed transaction.

    “This clearly is a contractual relationship recognised in law. It is called actions for money had and received for considerations that failed. The remedy is a civil action for recovery of money. “Unfortunately, the police in this case turned themselves into debt recovery agents. In doing so, they have been hunting for the pastor that he went to court for enforcement of his fundamental rights.

    “It is the order of the Imo State High Court that the police refused to honour”, he said.

    The Police Public Relations Officer (PPRO), CSP Michael Abattam  did not pick his phone after repeated calls.

    However, a senior police officer who pleaded anonymity, said there are procedures to serve court orders.

    “Police cannot arrest a person if there is court order restraining the police from carrying out an arrest except there was a petition before the court order came. Even at that if the order is properly served the police, the person arrested will be released, ” he said.

  • ‘Shittu, a highly cerebral, humane lawyer’, say SANs

    ‘Shittu, a highly cerebral, humane lawyer’, say SANs

    Judges, lawyers, academicians, others gathered in Lagos to honour a litigator and law lecturer, Wahab Shittu, following his elevation to the rank of the Senior Advocate of Nigeria (SAN), reports ADEBISI ONANUGA

    Stakeholders in the justice sector, including justices, lawyers, academicians, the business community, family and Offa community, gathered in Lagos to honour  one of their own,  Wahab Shittu on his conferment with the rank of Senior Advocate of Nigeria (SAN) by the Legal Practitioners’ Priviledges Committee(LPPC).

    The event hosted by a business mogul who is also the Asiwaju of Offa Kingdom, Asiwaju Tajudeen Owoyemi, held at Raddison Blu Hotel, GRA, Ikeja and marked the unveiling of his two new books, “Wahab Shittu SAN: Through the Cases Vol. 1″ and Wahab Shittu SAN: Through my Pen Vol. 2”.

    It had in attendance Justice Lekan Adegbite, Dr. Kemi Pinheiro (SAN), a former Managing Director of Bank of Industry and also the Aare Bobagunwo of Offaland, Waheed Olagunju, Adeleke Adebola (SAN), Prince Richard Oma Ahonaruogho (SAN) and his wife Mojisola, Femi Falana (SAN), Dr Muiz Banire (SAN), Babatunde Ogala (SAN)

    Deputy Speaker, Lagos State House of Assembly (LAHA) Sanni Eshinlokun, who  had been an acquaintance of the celebrant for over 46 years, narrated how Shittu made it possible for him to become a member of the state assembly, adding that he has been his legal counsel all through the past years till date.

    Dr. Banire, on behalf of the Body of Senior Advocates of Nigeria (BOSAN), said of him, “he is a fantastic fellow, very brilliant, highly cerebral, humane and an intellectual” adding that he was not surprised that Shittu was conferred with SAN.

    “He is principled, has integrity which is the hallmark of our profession. I attest to his nobility. He is a human rights activist proper, he followed it, he lived it,” Banire added.

    President, Offa Descendant Union (ODU), Dr Funsho Oladepo, said Shittu was “an enigma” and that he had always known him for his “brief and potent truth.

    “He is someone who speaks his heart. He is always pragmatic in his thoughts, reasons. He is a man with a lot of bowel of mercy.”

    The Dean, Faculty of Law, University of Lagos (UNUILAG), Akoka,  Prof. Iyabode Ogunmiran said Shittu is a member of the faculty in International jurispudence.

    Ogunmiran described him as a dedicated,  committed and brilliant lecturer. She recalled a time that most lecturers were grounded and how Shittu saved the day by lecturing the students on Gender and the Law saying, “Shittu was bold and took up the task and delivered the topic brilliantly as if he was the one that had been handling it in the past.”

    Shola Abidakun, who spoke on behalf of UNILAG Class of ‘86, said the celebrant was a “collective pride” to all members of the class.

    He said Shittu was full of humanity even as he recalled an incident that happened at Ilorin Golf Club. He said the celebrant discussed with someone on phone at the other end and without giving any hint, he asked someone to deliver a ram for Ileya at that person’s residence.

    Ahonaruogho, on behalf of Class ‘87 of the Nigerian Law School, said the celebrant’s brilliance was exciting stressing that “doesn’t keep knowledge to himself.”

    Gbenga Gbadamosi on behalf of Class ‘81, School of Basic Studies, Kwara State Polytechnic, attested to  Shittu’s brilliance.

    “He did four courses and came out with A,A, A and B grades. He read law before me and graduated with distinction. He is an international man of distinction.

    “The SAN is an award he truly deserves; he worked hard for it.”

  • Ex-ICC chief to lawyers: be abreast of developments

    Ex-ICC chief to lawyers: be abreast of developments

    A former president of the International Criminal Court (ICC), Dr. Chile Eboeosuji, has advised lawyers to always work hard.

    He said they should also keep themselves abreast of everything around them as they do not know when they will be needed.

    He spoke at the year end party of Punuka Attorneys and Solicitors, one of Nigeria’s oldest law firms.

    Established in 1947, the firm is a fully integrated and multi-dimensional business Law practice, providing legal services to a highly diversified client base.

    The Senior Partner, Chief Anthony Idigbe (SAN), said the firm would move to a new head office in the new year.

    It was all smiles and merriment at the event which was held at the Balmoral Hall of the Federal Palace Hotel on Victoria Island, Lagos.

    Idibe said he had been looking forward to the dinner because it was a time to see the other side of Punuka staff in a relaxed mood, off the pressure of office work.

    He added that he was very proud of what they were able to achieve in 2022 given the economic conditions

    “Your hard work and determination have made us the stand out firm that we are today,” he said.

    The leaned silk informed the staff that they will be moving to the new head office in 2023.

    He said the firm will also be celebrating the anniversary of its founding.

    Staff of the firm, clients and former staff all went home with gifts.

    PUNUKA Attorneys is a member of Lawyers Associated Worldwide (LAW), a global network of over 100 independent law firms located in more than 180 major commercial centres around the world.

  • Group asks NJC to reverse reinstatement of Justice Ofili-Ajumogobia

    Group asks NJC to reverse reinstatement of Justice Ofili-Ajumogobia

    A group, Access to Justice (A2J), has described the decision of the National Judicial Council (NJC) reinstating Justice Rita Ofili-Ajumogobia as a grievous, staggering, inconceivable misjudgment and one that would ridicule the judiciary.

    The group therefore urged the NJC to immediately rescind its decision to reinstate Justice Ofili-Ajumogobia.

    The group said the decision will further evoke strong concerns about the kind of Judiciary Nigeria is operates, and whether the NJC as presently constituted, can faithfully function as an accountability and oversight institution.

    This was contained in a statement issued yesterday by the Convener of A2J, Joseph Otteh and titled: “Reinstatement of Justice Ofili-Ajumogobia, a Brutal, Agonizing Stab on the “Soul and Body” of Nigeria’s Judiciary”

    The NJC had on December 1,  2022 reinstated Justice Ofili-Ajumogobia as Judge of the Federal High Court following the decision of a High Court Judgment quashing the recommendations of the council that led to Justice Ajumogobia’s dismissal.

    A2J noted that a high court quashed the council’s  recommendations, as well as ordered the Judge’s reinstatement, but insisted that the NJC had ample opportunity to defend its position with a high court press through appellate corridors.

    The group berated the NJC for badly managing the Justice Ofili-Ajumogobia case noting that it was the same council  that found her guilty of alleged serious misconduct and recommended her removal.

    Th group asked: “Why did the Council capitulate so quickly without a contest? And what does that capitulation say about the seriousness of the NJC in maintaining integrity in the Judiciary? “

    Access to Justice  expressed concern on the development and maintained that the NJC’s decision to reinstate Justice Ofili-Ajumogobia, in the face of serious and damning accusations against her, which the Council itself investigated and substantiated, is deeply unfortunate.

    It said the “council’s decision will cast a long, dark shadow over the Judiciary for a long time to come and amplify questions whether the Nigerian Judiciary can continue to legitimately exercise judicial power.”

     According to the group, “a Judiciary’s legitimacy rests on the pedestal of public confidence and trust. A Judiciary that cannot offer that trust loses the moral authority to sit in judgment over others.

    “By now foisting a Judge with an incredible load of baggage to sit in judgment over cases involving other people, the NJC pollutes the justice delivery process, and violates the rights of litigants to fair trial before a Judge with requisite skills and reputation.

    “The Council’s decision is a grievous, staggering, inconceivable misjudgment and plumbs new depths of ridicule for the Judiciary.

    “The NJC’s decision badly tarnishes the image of the Nigerian Judiciary and diminishes the image and credibility of all those who serve in the Judiciary, including honest, conscientious Judges and tars them with the same brush used in fixing Justice Ofili-Ajumogoba reabsorption.

     “It is such a hugely disappointing decision that it is fitting to ask the government to take another serious look at overhauling the Judiciary in order to save Nigeria’s Judiciary – or what remains of it-, safeguard the rule of law and reinspire public confidence in the machinery of justice”, the group said.

  • Parallel bar: NBA to delist Law Society of Nigeria at CAC

    Parallel bar: NBA to delist Law Society of Nigeria at CAC

    The Nigerian Bar Association (NBA) has begun steps to de-list the Law Society of Nigeria (LSN) at the Corporate Affairs Commission (CAC).

    It also vowed to sanction its members promoting the parallel bar association.

    The group frowned at the involvement of some senior members of the Bar and past leaders of the Association in the registration process of the alternative body.

    The association firmly resolved that the NBA is the only recognised, umbrella association of all lawyers called to the Bar in the country adding that there is no other body permitted to operate as such.

    It stated this in a communique at the end of its quarterly National Executive Committee (NEC) meeting held at the NBA National Secretariat in Abuja.

    The communique was signed by the NBA President, Yakubu Chonoko Maikyau, and Assistant General Secretary, Daniel Ka-ayii Kip.

    In it, the association said NEC “received with dismay” the report of the attempt to register a parallel body of lawyers as an alternative to the Nigerian Bar Association.

    The statement said, “NEC categorically resolves that the Law Society of Nigeria (LSN), a body so registered, is unknown to members of the Bar and mandates the NBA President to commence processes for the delisting of the LSN by the Corporate Affairs Commission.

    “NEC further resolves to sanction all members of the Bar seeking to promote or register a new lawyers’ association, whether using a new name or an old registered, Law Society of Nigeria (LSN).

    “NEC particularly resolves that a Past NBA General Secretary, Mr. Nimi Walson-Jack who acted as a solicitor to the promoters of the new law society be stripped of his privileges as past General Secretary and consequently, be suspended from being a member of the National Executive Council (NEC) of the Association.”

    The NEC further resolved that the NBA “remains one united entity and restates that the unity of the Bar is non-negotiable; NEC therefore enjoins all members to remain resolute in the pursuit of justice and be dedicated towards moving the association forward, despite any perceived division.”

  • Judiciary: Drama of 2022

    Judiciary: Drama of 2022

    Like the year before, the justice sector had its fair share of drama in 2022. From a CJN’s shocking resignation, to the scandal of lawyers looting and fighting over bags at the Bar’s flagship annual conference, to controversy over the National Judicial Council’s re-instatement of a judge sacked by President Muhammadu Buhari, to the formation of a parallel law association, among other things, Nigerians were held spellbound by the actions of ministers in the Temple of Justice. ERIC IKHILAE, ADEBISI ONANUGA and ROBERT EGBE chronicle the justice sectors’ highs and lows in the outgoing year.

    Like other sectors, the judiciary had its fair share of controversies in 2022. The Bar, with an active Nigerian Bar Association (NBA), was particularly busy.

    A CJN’s shocking resignation

    The resignation of Justice Ibrahim Muhammad Tanko as Chief Justice of Nigeria (CJN) caught everyone by surprise.

    On June 19, 2022, a report surfaced showing that some of his colleagues accused the CJN of diverting budgetary allocation of the Judiciary and denying Justices of the Supreme Court basic work tools and training.

    The leaked internal memo was signed by 14 Justices of the Supreme Court, an unprecedented act. Tanko was also accused of ferrying family members on international trips while neglecting Justices of the Supreme Court’s annual retreat.

    A few days after the reports, Justice Tanko, 68, resigned on June 27 citing ill-health, about 18 months before his retirement in 2023.

    During his tenure as CJN, there were speculations and concerns over Justice Tanko’s health.

    In 2020, the CJN was unusually absent from a number of important functions.

    In December of the same year, it was speculated that he had been ill and was due to be flown abroad for treatment. But his spokesperson as well as the Supreme Court administration insisted that he was in good health

    Ariwoola takes over

    The next most senior Justice of the Supreme Court, Justice Olukayode Ariwoola, was immediately sworn-in in an acting capacity.

    Four months later, President Muhammadu Buhari swore in Justice Ariwoola on October 12 as the substantive CJN.

    Nigerians too litigious, says CJN

    Justice Ariwoola, on November 28, accused Nigerians of being too litigious.

    Justice Ariwoola spoke at a special session of the Supreme Court to mark the commencement of the 2022/2023 legal year and the swearing-in of 63 newly conferred Senior Advocates of Nigeria (SANs).

    He said: “The Nigerian public needs to be reminded on the need to do less litigation and embrace more of alternative dispute resolution to free the courts of this unnecessary over-stretching of human and material resources.

    “As rightly observed, Nigerians are the most litigious people on earth; especially the political class.

    “We don’t need to rush to court after every little disagreement. We have various alternative dispute resolution mechanisms, across the country that we can conveniently leverage on, with a view to freeing the courts of this incessant case overload.

    “In every little disagreement, we rush to court; and in every lost case, we rush to appeal even up to the Supreme Court, no matter how little the issue might be.

    “That has obviously accounted for the several appeals pending in Supreme Court.”

    Electoral Act 2022 Amended

    President Buhari on February 25 assented to the amended Electoral Act 2022, which among others, handed sole jurisdiction over pre-election cases to the Federal High Court.

    Electoral Act: FHC CJ slams NASS 

    The Chief Judge of the Federal High Court, Justice John Tsoho on December 12 knocked the National Assembly for not involving the Judiciary in its judgment of the Electoral Act.

    Justice Tsoho spoke at the special court session to mark the new legal year (2022/2023) of the Federal High Court.

    He said: “By virtue of Sections 29 (5) and 84(14), of the Act (Electoral Act 2022), exclusive jurisdiction is foisted on the Federal High Court in the hearing and determination of pre-election complaints.

    “Linked to that jurisdiction is Section 285(10) of the Constitution of the Federal Republic of Nigeria (as amended), which provides that such pre-election cases must be concluded within 180 days from the date of filing of the suit.

    “This is notwithstanding the judges’ existing ‘high-volume’ dockets that present enormous challenges.

    “It is necessary to place on record that the Electoral (Amendment) Act 2022 was enacted without any consultation with the court.

    “Also, no support whatsoever was provided to address the increased responsibility. This weighed heavily on the operations of the court.”

    NBA, Umahi row

    The Nigerian Bar Association (NBA) and Ebonyi State Governor Dave Umahi fell out following Umahi’s harsh reaction to a Federal High Court judgment ordering him and his deputy’s removal from office.

    The NBA on March 9, demanded an immediate apology from the governor. 

    It also demanded a retraction of Umahi’s “offensive” comments.

    The NBA, in a statement signed by its President Olumide Akpata, described the governor’s comments attacking the judiciary as “disgraceful, undemocratic and completely unacceptable.

    Days earlier, Justice Inyang Ekwo of the court’s Abuja division ordered the removal of Umahi and his deputy, Eric Igwe, over their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

    But Umahi declined to vacate the office, saying the court order was “null and void”.

    Describing the judgment as a “sham”, Umahi accused Justice Ekwo, of doing a “hatchet job”.

    “Nobody can remove me as the governor of the state as we know where the judgment came from,” he was quoted as saying.

    But in its statement, the NBA said it was utterly dismayed by the Umahi’s “unfortunate and totally unacceptable” reaction to the judgment.

    Umahi later apologised.

    The governor and his deputy were subsequently reinstated on appeal. 

    Deborah’s murder: Lawyers clash over cancelation of Sokoto conference

    Lawyers were divided on whether the Nigerian Bar Association (NBA) Public Interest and Development Law (SPIDEL) Conference scheduled for Sokoto between May 22, and 26 should hold in the city following the lynching of Deborah Samuel by her schoolmates at the Shehu Shagari College of Education, Sokoto, for alleged blasphemy.

    On May 13, activist-lawyer, Ebun Olu-Adegboruwa, SAN, in a statement called on the Chairman of NBA-SPIDEL, Monday Ubani to consider cancellation of the conference, or shift it to another northern state.

    But replying in a Facebook post, Ubani advised caution on the delicate issue. While condemning the murder, the SPIDEL Chairman also condemned Adegboruwa’s call.

    Ubani said: “Gentlemen let us all be circumspect over the sad Sokoto incident. The barbaric killing is condemnable as no individual has any right under our present jurisprudence to take life except in accordance with due process.

    “Assuming but not conceding that the said lady has committed a written and known crime, the state alone has the requisite power to prosecute and punish the alleged crime. Extra judicial killing is not allowed by our laws;

    “Having said that, it will be preposterous for someone who is a lawyer to be suggesting that we should cancel our conference that is billed to take place in Sokoto because of the acts of law breakers in the state.”

    He said he had sent a text to Governor (Aminu Tambuwal) and the AG and “requested for a statement that our safety is guaranteed. I am in touch with the President of the Bar, Mr Olumide Akpata and if there is any need to take a drastic decision about the conference in Sokoto we will ensure prompt communication to the constituency.”

    But Adegboruwa fired back: “Learned Counsel and Comrade, your points could have been made without the insults sir. You were unduly emotional in this, perhaps because you’re directly involved. It is within our right as lawyers to make any call sir, and we don’t, by whatever means, deserve the kind of language you have employed here, to crucify your colleagues.

    “I find this totally unacceptable sir. As a leader of the Bar, you’re to represent our interests sir. The NBA exists for the promotion and protection of human right’’.

    The conference was eventually postponed. 

    Supreme Court vacancies: NBA kicks as CJN shuns SANs

    The then CJN Justice Tanko sparked a row with the Bar by excluding lawyers, including seven Senior Advocates of Nigeria (SANs), from the six vacancies at the Supreme Court.

    None of the 23 lawyers who heeded the CJN’s January 19 invitation and applied for the job were considered for the job. 

    The shortlist included five jurists each from the Northcentral, Northwest, Southsouth and Southwest, while the Southeast has a nine-man jurist team.

    The CJN’s May 27 list requested the NBA to comment on the provisional shortlist of the nominated candidates.

    Dr. Ajibade, who released the names of the shortlisted applicants in a June 13 letter seen by The Nation, advised NBA members to send in their comments/petitions not later than Monday, June 27.

    In January, CJN Muhammad was praised for including lawyers among those to be considered in the next round of appointments as Justices of the Supreme Court.

    According to his January 19 letter to the NBA, six suitably qualified lawyers only would be selected from a pool of applicants from five of the country’s geopolitical zones.

    The letter requested stakeholders including the NBA to nominate suitable candidates for the said positions.

    Following this, the NBA nominated 23 lawyers, including seven Senior Advocates of Nigeria (SANs) and two women, for the job.

    The CJN’s proposal responded to years of pressure by stakeholders, particularly the Body of Senior Advocates of Nigeria (BOSAN), for its members and distinguished academics to be appointed to the topmost echelon of the nation’s judiciary.

    The proposal was not implemented by successive CJNs since the tenure of Justice Mohammadu Uwais who served between 1995 and 2006.

    Since independence, the last two apex court justices to have been appointed directly from the bar were ex-CJN Justice Teslim Elias in 1972 and Justice Augustine Nnamani in 1979.

    In 2017, as part of proposed reforms in the administration of the justice system, the NBA forwarded the names of six SANs and three other lawyers to then-Acting CJN Justice Walter Onnoghen for consideration for appointment as Supreme Court Justices.

    NBA creates three new branches

    The National Executive Council of the Nigerian Bar Association (NBA-NEC) on June 12 announced that it had created three more branches of the Association.

    Two of the new branches are in Abuja, while the third new branch is in Lagos.

    The new Abuja branches are the Garki Branch and Nyanya/Karu Branch. 

    The new Lagos branch is the Surulere Branch.

    The NBA’s NEC stated this at its quarterly meeting in Ilorin, the Kwara State capital, which was held on June 8 and 9.

    Abuja formerly had three NBA branches: Abuja, Bwari and Gwagwalada branches. It now has five branches: Bwari, Abuja, Nyanya, Gwagwalada and Garki.

    NBA President Olumide Akpata further explained that the Garki Branch was created to solve the ‘lingering crisis’ in the NBA Abuja Branch popularly known as ‘Unity Bar’.

    He noted that the Nyanya Branch and Surulere Branch were created out of the two mega cities’ Abuja and Lagos Branches for easy administration as a result of the large population of lawyers.

    The new branches come ahead of the NBA’s 2022 election which holds on July 16 and Annual General Conference (AGC) 2022.

    NBA President shuns call to bar ceremony

    The Nigerian Bar Association (NBA) in an unprecedented move on December 6 boycotted the call to bar ceremony of 4,711 new lawyers inducted into the legal profession.

    NBA President Yakubu Maikyau, said the decision to boycott the event was due to the refusal of Chief Wole Olanipekun, SAN, to relinquish his position as chairman of the Body of Benchers (BoB).

    In a letter dated July 22 and addressed to Olanipekun, the NBA, through its former chairman, Olumide Akpata, had asked Olanipekun to recuse himself from office following a leaked email by his law firm soliciting a brief — an action which contravenes the ethics of the profession.

    In another letter dated December 4 and addressed to the BOB chairman, Maikyau reiterated the call for Olanipekun’s resignation.

    He also asked the BOB chairman not to preside over the call to bar ceremony scheduled for Tuesday, and to hand over to Mary Peter-Odili, the vice chairperson of the BOB.

    Maikyau said the BOB chairman refused to respond to the letters sent by the NBA and has shown no remorse.

    But the Body of Benchers (BoB) explained on December 9 why it did not deliberate on the letter by the Nigerian Bar Association (NBA)  calling for the suspension of its chairperson, Wole Olanipekun.

    The BoB explained in a statement by its Secretary, Daniel Tela, that the NBA’s letter was not debated at the body’s 5 December meeting meant to finalise arrangements for the call-to-bar ceremony of the new lawyers because it was delivered late at its headquarters in Abuja.

    “The said letter was received at the Body of Benchers Secretariat at 9:32am on Monday, 5th December, 2022.”

    It added that members did not consider the issue, when it was raised by Mr Maikyau because they were not in receipt of the letter and Mr Olanipekun to whom it was addressed to, was not afforded the opportunity to respond to the letter before the NBA president brought it up.

    Mr Tela further said, apart from the fact that the NBA’s letter was addressed to Mr Olanipekun, it was not an item on the agenda of the body’s meeting which had been scheduled since 14 November.

    He added that the letter had been published on the social media before it was received at the BoB headquarters at exactly 9:32 a.m. on 5 December, the day of the meeting, hence, it was not ripe for discussion.

    Akwa Ibom CJ and Inibehe Effiong

    Human rights lawyer, Inibehe Effiong was on August 26 released from Uyo prison after spending 30 days for alleged contempt of court.

    The Chief Judge of Akwa Ibom State, Ekaette Obot, on 27 July, sentenced Mr Effiong to prison after the lawyer objected to the presence of two armed police operatives in the courtroom. 

    The decision caused an uproar in the legal community with the judge being accused by the NBA accusing the judge of not following due process in the committal proceedings.

    The NBA said it would appeal the one-month jail sentence.

    Then NBA President Olumide Akpata said efforts to free Inibehe by diplomatic means failed, following Justice Obot’s unwillingness or inability to “further entertain the matter.”

    According to Akpata, Effiong was allegedly neither put in the dock nor accorded a fair hearing before the judge convicted and sentenced him.

    He added that the association could escalate the “unconstitutional” proceedings up to the National Judicial Council (NJC) which has the power to, among others, probe and sanction judicial officers.

    Justice Obot last sentenced the activist-lawyer to one-month imprisonment for alleged contemptuous behaviour.

    The judge made the order during proceedings in the case of alleged libel instituted by Akwa Ibom State Governor Mr. Udom Emmanuel against a lawyer, Mr. Leo Ekpenyong, who is Effiong’s client.

    But Effiong claimed he was an innocent victim of unjustified exercise of power, and that the judge punished him after he applied that two armed mobile policemen be asked to exit the courtroom.

    He said he had already asked the Chief Judge to recuse herself from handling the case, on the ground of alleged bias.

    Akpata, last Thursday, ordered a probe of the circumstances surrounding the sentencing.

    NBA Conference: show of shame over bags

    The flying colours the NBA Technical Committee on Conference Planning (NBA-TCCP) for NBA-AGC 2022 should have received for planning and logistics arrangements, were marred by an incredible incident at the Eko Atlantic City in Lagos on Tuesday, August 23, 2022.

    Lawyers, looted the conference materials collection centre over delay in getting their conference bags. Nigerians watched videos of the event in disbelief, as lawyers fought and vandalised the Eko Atlantic Conference registration centre.

    They also stole phones. 

    Akpata, who described the event as a disgrace, said: “The registration centre for the collection of materials by delegates at the ongoing Annual General Conference was broken into, vandalised, and looted by some delegates last night, with most of the conference materials carted away and lawyers/registration officers injured.”

    Akpata added that it was “a national embarrassment as some of our members conducted themselves in a most-despicable manner not expected of members of the profession.”

    He said lawyers found culpable would be prosecuted.

    Last week, the NBA said it was yet to identify the vandals that looted and destroyed the accreditation centre of its AGC. 

    Chairman of the NBA Conference Incident Investigation Committee, Mr. Olawale Fapohunda, SAN, said the body could not yet say if the perpetrators were lawyers.

    Fapohunda, the immediate past Attorney-General of Ekiti State, was responding to queries about whether some lawyers whose pictures have been trending online are the “vandals” that ransacked and looted conference bags and other materials during the AGC.

    An Enugu-based lawyer Godwin Madubuegwu recently raised the alarm that his picture was being wrongly displayed on social media as being that of one of the vandals

    Madubuegwu, in a statement, denied and dismissed allegations of his involvement in the untoward act, saying he was shocked by such a connection.

    Law Society of Nigeria Controversy

    Another professional association of lawyers called to the Nigeria Bar surfaced on October 30, threatening to end the monopoly of the 89-year-old Nigerian Bar Association (NBA).

    The association, known as the Law Society of Nigeria (LSN), is led by Mr. Kunle Ogunba (SAN).

    LSN, which described itself as a “new sheriff in town” made its appearance through a statement issued by its National Publicity Secretary, Mr. Douglas Ogbankwa.

    But, already, the group hit stormy waters after LSN convener and founding secretary, Richard Oma Ahonaruogho (SAN), disowned Society’s executive.

    He added that the purported executives of the LSN as announced were not known to the body.

    The number of lawyers produced in the country was 197,105 as of July 2021.

    Legal practitioners in Nigeria had been regulated solely under the umbrella of the Nigerian Bar Association (NBA) founded in 1933.

    But there have been failed attempts to split the association, the last being the August 2020 move by two lawyers, Mr. Nuhu Ibrahim and Mr. Abdulbasit Suleiman, to form the New Nigerian Bar Association (NNBA).

    Ogbankwa said in the statement that LSN emerged in a bid to redefine the ideas of the founding fathers of the legal profession.

    He described the legal profession in Nigeria as having a chequered history spanning from “the sublime to the ridiculous”.

    But Ahonaruogho issued a disclaimer to the statement of the purported LSN interim leaders.

    He asked all Nigerian lawyers and the Body of Benchers to disregard the “hasty announcement”.

  • Can new law revive whistleblowing?

    Can new law revive whistleblowing?

    The Federal Government last Wednesday approved the draft Whistleblower Bill 2022 to strengthen its anti-graft war and protect citizens helping in the fight. The new bill will be aligned with the Evidence Act. Lawyers spoke with ADEBISI ONANUGA on how government can use the new law to strengthen the anti-corruption war and get Nigerians to buy into it

    Last week, the Federal Executive Council (FEC) approved the draft Whistleblower Bill, 2022 to strengthen its anti-corruption war and protect citizens helping in the fight.

    Finance, Budget and National Planning Minister Mrs. Zainab Ahmed, who disclosed this on Wednesday, said the council gave its approval to the bill with a condition that it should conform to the Evidence Act.

    The minister explained to state house correspondents that  the law-in-the-making was necessary as the whistleblower policy was losing steam because potential whistleblowers were gradually withdrawing because of fear of exposure to danger.

    She said the memo presented on the draft Whistleblower Bill, 2022 had been reviewed by council and approved with a provision to ensure alignment with the Evidence Act, stressing that the purpose of operationalising and putting in place the bill was to strengthen the fight against corruption, to also enable protection for whistleblowers who provide information for use by government.

     

    Whistleblower policy

    The Whistleblower Policy is a creation of the Federal Ministry of Finance. The Senate passed the Whistle Blowers Bill into Law in July 2017. The policy which was also approved by the Federal Executive Council was intended to help government recover looted state funds based on the clues provided by the whistleblowers who gave actionable information to the Office of the Minister of Justice and Attorney-General of the Federation.

    Former Finanace Minister Kemi Adeosun said the policy’s objective is to increase exposure of financial or financial related crimes; support the fight against financial crimes and corruption; improve the level of public confidence in public entities; enhance transparency and accountability in the management of public funds; improve Nigeria’s Open Government Ranking and Ease of Doing Business Indicators; and recover public funds that can be deployed to finance Nigeria’s infrastructure deficit.

     

    Reward system

    Embedded in the policy was a reward system of between 2.5 per cent (minimum) and 5.0 per cent (maximum) of the total amount recovered to encourage Nigerians to key into the whistleblowers’ scheme.

     

    How whistleblower policy paid off

    Barely two months after the policy was launched,  Nigerians started feeling the  impact of the policy as those who were privy to such theft of the public funds and the treasury started squealing on the public servants, politicians and other perpetrators of the heinous crime.

    Minister of Information and Culture, Lai Mohammed within that period said for instance that the Federal Government’s Whistleblowing policy yielded $151million and N8billion in looted funds.

    In a statement signed by the Special Assistant to the Minister, Segun Adeyemi on February 12, 2017, Mohammed said the biggest amount of $136,676,600.51 was recovered from an account in a commercial bank, where the money was kept under an apparently fake account name. This was yet followed by the recovery of N7 billion and $15 million from another person and N1 billion from yet another. In all, a total of  about $160million was recovered as a result of the whistleblower policy within two months of the implementation of the policy.

     

    Reward for Whistleblowers

    The trio of Dayo Adu, Omolola Ahmed and Ridwan Oloyede of Famsville Solicitors in a research paper published May 18, 2018 stated that as of June, 2017 the Federal Government had  “released about $1,044,724 for payment of 20 whistleblowers who provided information that led to the recovery of over N11.6 billion”

    According to them, the former Minister of Finance, Kemi Adeosun on Friday, May 11, 2018 also announced the payment of about $1,351,506 to 14 whistleblowers. The reward is connected to the tip-off by the whistleblowers that led to the recovery of huge amount of money from corporate tax evaders. According to the Minister, “about $41,144,000.00USD consisting of N7.8 billion, $378 million and £27,800 were recovered.”

    About 8,373 communications were received from various persons willing to volunteer information on tax evaders during the period under review, 1,231 tips triggered about 534 investigations, 10 accused persons were prosecuted, while four were convicted.

     

    Frivolous whistleblowers

    Expectedly, the reward regime that came alongside the policy of whistleblowing engendered a lot of controversies. For instance, two people laid claim to the reward in respect of the Osborne flats, Ikoyi. When a decision was finally made, an offer of N325 million was offered one of the whistleblowers but this was rejected by him and his counsel who insisted on N860 million. After a lot of haggling, N421 million was eventually paid after which the whistleblower left the country for security reasons.

     

    Why whistleblower policy lost steam

    There were cases of fake whistleblowers some of whom were tried in court to prevent spreading of false information.

    For instance, on March 8, last year, two whistleblowers, Dominic Okem and Chukwunonso Igweonu, were jailed for giving misleading information.

    A statement by the spokesperson for the Economic and Financial Crimes Commission (EFCC), Wilson Uwujaren, said  the judge, Justice I.M. Sani, convicted and sentenced each man to two months’ imprisonment with an option of N100,000 fine on March 4.

    According to the statement, the judge passed the judgment after both of them pleaded guilty to the offences of conspiracy and giving misleading and false information to EFCC operatives.

     

    Threats to life of whistleblowers

    A civil society advocate and Executive Director, Raising New Voices, Abuja Victor Terhemba once once claimed that some whistleblowers were subjected to harassment and victimisation by their employers and colleagues for daring to expose corruption.

    He listed some of the whistleblowers who faced such persecutions to  include one Ameh Joseph who was threatened and sacked for exposing the corruption at the Federal College of Education, Asaba; Fidelia Onoghaife who was also dismissed for exposing corruption at an  Embassy (names withheld) in Nigeria.

    Observers also said that a lot of people have stopped reporting cases of looted funds in the country due to fear of victimisation and threats to their lives.

    These developments  have slowed down and threatened the success of the whistleblower policy, underscoring the urgent need for a review and fresh legal imperatives to strengthen  the whistleblower policy.

    They believe that without the passage of a bill signed into law to protect them, whistleblowers will always be at risk of harassment, victimisation and threats to their lives.

    How can the government get the buy-in of citizens in the anti-graft war, especially regarding whistleblowing and how best can the new law be implemented when it comes into effect to strengthen the anti-corruption fight?

     

    The way out, by lawyers

    Lawyers including Chief Louis Alozie (SAN), Charman, Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) Mr. Monday Ubani, a former member of Ogun State Judiciary Service Commission, Mr. Abayomi Omoyinmi examined the issue.

     

    ‘Government officials exposing whistleblowers’

    In Alozie’s view the law is an exercise in futility. According to him, the whistleblower policy aimed at strengthening the anti-corruption fight has not been known to expose any informant to danger. It was rather when the government reneged on its promises to informants resulting in such informants crying foul that their identities came to the fore.

    “If the policy lost steam, it is on account of the above, that is, lack of motivation,” he said.

     

    ‘Why new law won’t achieve anything’

    The Silk argued that the new law is a waste of time

    Alozie said: “Again, no-one else could reveal the identity of an informant except government agents in the anti-corruption agencies who have struck oil by virtue of the positions they occupy. For me, the law is an exercise in futility. It will not achieve anything.

    “Every reasonable citizen of Nigeria was enthusiastic and in support of the fight against corruption. The enemies of the programme are within the circles of the security agencies. They are presently not different from the average police station. It will be unfortunate if the government doesn’t know about this.”

     

    ‘Effective implementation of Whistleblower law, a must’

    Ubani said the whistleblowing law in itself in any country is a commendable step.

    He noted that for any serious government or firm, whistleblowing policy is one of the ways to expose and eradicate fraud and corruption in the system. In his view, the legal framework is the first, and the second is the effective implementation of the law or policy.

    Ubani however, expressed regret that the policy has not been backed legally until current moves in the twilight of this administration. He noted that the present administration came with a mantra of fighting corruption “but, unfortunately, the fight did not receive the necessary bite we had all expected.

    “The legacy this present government, perhaps will leave, with the enactment of the law is the legal backing they are giving to the whistleblowing policy. It is our prayer that the incoming government will have the political will to implement the law when enacted. In conclusion , it is better late than never”.

    For Omoyinmi, whistleblowers are after good governance and obliteration of corruption in the country and risk their lives and livelihood in the interest of public good. He said government must repose confidence in its citizens in the anti-graft war by ensuring full implementation of the law when it comes into effect. He said this will ultimately strengthen the fight against corruption.

     

    What the new law must achieve

    Omoyinmi advised that the legal framework must seek to guarantee the protection and safeguard of whistleblowers so as to encourage active role and participation by the citizens in government anti-corruption efforts. He said the law to protect whistleblowers who are mostly subjected to threat of life, harassment and victimisation for daring to expose corruption, where the government fail to implement and put in place effective law to protect it’s citizens (whistleblowers),  may lead to stopping citizens from reporting cases of looted funds.

    He reasoned that the implementation will build public support and confidence in the whistleblowing policy.

    The lawyer advised government to embark on public sensitisation, ensure honest implementation of the policy and adequate protection of the identity of the whistleblower to avoid a repeat of the occurrence whereby they come under harassment and threat to their lives while their rewards are duly and promptly paid.

    Omoyinmi added: “It is the enactment of bills on corruption and the will by authorities to implement same that makes fighting corruption more effective. And in the case of the whistleblowers, the citizens can only participate if they are sure of their protection through the instrumentality of the law.”