Lagos Administrator General and Public Trustee, Mrs Omotola Rotimi has said that it amounts to perversion of the course of justice for  offenders  to want to settle cases of s3xual violence out of court.

Mrs Rotimi, a former Director of the Office of the Public Defender (OPD) and member of the Domestic and S3xual Violence Response Team (DSRVT), said any attempt to settle such cases out of court constitutes an offence.

She spoke at a two-day training programme organised by the Lagos State Domestic and S3xual Violence Agency (DSVA) on Prevention and Management of S3xual Assault for Health Care Workers held at the Lagos Chamber of Commerce and Industry (LCCI), Nurudeen Olowopopo Drive, Alausa, Ikeja.

According to her: “If you say that you are settling the case out of court, that is perversion of justice. Even people like that ought to be prosecuted at the end of the day because you are trying to pervert justice.  There is nothing like settling the case out of court because such cases are between the state versus the offender.

“That is why we must have an air tight evidence to take before the court so that nobody can sieve through the net at the end of the day”, she said.

She said the state has a responsibility towards the survivor and the court must ensure that the case is diligently prosecuted at the end of the day, it doesn’t matter whether the person is an uncle, father or brother’’.

Contrary to belief, Mrs Rotimi explained that research has shown that the mode of dressing is the least reason for rape adding, “but drug is in the front burner, followed by revenge which is reason for engaging in gang-raping.”

She said report of doctors can either make or mar a rape case in court.

She advised doctors to always ensure that whatever they are bringing to court as expert witness fit into legal definition in order to prove such cases beyond reasonable doubt, adding that the issue of consent is key to having a tight case.

The State’s Reproductive Health Coordinator, Lagos State Ministry of Health, Dr. Victoria Omoera, in her paper identified  challenges of detailed medical report to get conviction in rape case and getting justice for victim.

Dr Omoera argued that the  doctor has a duty  to ensure that they do what they swore to medically uphold by taking a detailed history of survivors.

She said: “A doctor must ensure that the report contains what that client has said and what he saw in examination. Once this is not documented, it means there is no evidence to help that client.

“So, we want to ensure that medical officers are trained to ensure that they know what they need to do to help that client who has walked into that facility.”

Dr Omoera advised the society to stop blaming survivors of rape, saying that  they need to realise that that individual is also part of the society and is entitled to also be safe in that society.

“When something has happened to someone,  the society would stand up for her and assist her to prove the case. When it happens, we should not sweep it under the carpet or cover it up, especially our religious and traditional rulers.

“People they look up to in the society  must be able to say that this has happened to this girl, they need to report,  reporters need to report and allow this client or patient  to move on after this encounter”, she advised.

A Forensic Scientist and Investigator,  Mrs Avril Eyewu-Edero  explained that getting justice for a survivor in the investigation of s3xual violence and rape,  starts from the beginning of the investigation to the end which is at the forensic lab.

She said it is important that the doctor or medical practitioner know about forensic science which she described as  the application of science to law.

According to her, “It is crucial that the evidence is collected accurately because a wrong collection of evidence can destroy the whole case or prosecution of that case’’.

According to Mrs Eyewu-Edero : “It is important that the forensic aspect is intact and the level of how to use the forensic rape kit is equally important. In the investigation of s3xual violence crime, it is important to use the forensic rape kit. It has everything that one would use to collect evidence that would be analysed at the laboratory and be presented at the court.”

Earlier in a welcome address, the Executive Secretary, DSVA Mrs. Titilola Vivour-Adeniyi, said the training was necessary to ensure that the best practices was engaged when SGBVs are reported in their facilities, which according to her, would aid investigation of such cases when the detailed report is presented as evidence in court. She urged the medical professionals to inform survivors of the State Government’s S3xual Intervention Fund, which provides access to free medical support and care at the designated general hospitals.

Although the National Industrial Court of Nigeria Practice Direction aims to promote access to justice and expeditious disposal of cases, Kingsley Ibe and Damilola Ajayi argue that this intention is not aptly manifested it.

On 31st May 2022, the President of the National Industrial Court of Nigeria (NICN), Honourable Justice Benedict Bakwaph Kanyip, PhD, made the National Industrial Court of Nigeria (Filing of Applications/Motions in Trade Union Matters and Marking of Exhibits) Practice Directions (No. 1) 2022 (“the Practice Direction”), which was stated to come into force on 13th June 2022.

As stated in its section 1, the Practice Direction sets out the guidelines to be adopted in (a) filing of applications and motions in trade union matters; and (b) marking of documents/exhibits. Section 4 thereof provides that the Practice Direction shall apply to all causes and matters in the NICN save to the extent as indicated on the Practice Direction or as otherwise directed by the President of the NICN. Section 2 remarkably provides that the Practice Direction is issued with a view to guarantee continued access to justice and expeditious disposal of cases. Whether the subsequent provisions of the Practice Direction align with this goal is a point to be reflected upon.

GENERAL PROVISIONS OF THE PRACTICE DIRECTION

As stated above, the major provisions of the Practice Direction relates to the guidelines/procedure for (a) filing of applications and motions in trade union matters; and (b) marking of documents/exhibits. The provisions of the Practice Direction on these two items are appraised below.

Filing of Applications and Motions in Trade Union Matters

Section 3(1) of the Practice Direction provides as follows:

“From the date of this Practice Direction and notwithstanding any provisions in the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017 in this regard, all forms of originating processes including applications and motions, particularly such that seek for order(s) to restrain the holding of delegates’ conference of a trade union or conduct of trade union elections, are to be filed either in Abuja or Lagos Judicial Division of the Court.”

With due respect to the draftsman, it is not clear what is intended on the face of the provision excerpted above. An attempt to interpret the said provision gives room for more than a few of controversies, some of which are highlighted below.

i. Status of the Practice Direction

The opening lines of section 3(1) of the Practice Direction contain the phrase “…notwithstanding any provisions in the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017…” The provision suggests that where there is a conflict between the provisions of the Practice Direction and the National Industrial Court of Nigeria (Civil Procedure) Rules, 2017 (the NICN Rules), the provisions of the Practice Direction shall prevail.

To be fair to section 3(1) of the Practice Direction, there are some judicial authorities which equate practice directions with the rules of court. In Abubakar v. Yar’Adua (2008) 1 SC (Pt. II) 77, Niki Tobi JSC held that the rules of court include practice directions. See also Buhari v. INEC & Ors (2008) LPELR-814(SC). However, in the much recent decision of the Court of Appeal in Zabuka (Nig) Ltd v. Ade Alarege & Ors (2022) LPELR-57784(CA), the court held that “practice directions of any sort, provide guides on how to comply with existing rules of court”. If emphasis is placed on “of any sort,” it then means that even the Practice Direction under review here ought to merely provide a guide for compliance with the NICN Rules. The Court of Appeal referred to the case of Unilag v. Aigoro (1984) 11 SC 152 @ 159, where the Supreme Court defined practice direction as “a direction given by the appropriate authority stating the way and manner a particular rule of Court should be complied with, observed or obeyed.” In Okereke v. Yar’Adua & Ors (2008) LPELR-2446(SC), the Supreme Court was even more emphatic when it held as follows:

“Practice Directions do not, strictly speaking, qualify as Statutes or enactments. They do not even stand on equal footing with Rules of Court. They are ancillary to and therefore subordinate to Rules of Court. Consequently, in the event of a conflict between a Rule of Court and a Practice Direction the rule must prevail.”

In view of these decisions, it is clear that the rules of court rank higher than a practice direction. It is therefore awkward to see that section 3(1) of the Practice Direction appears to make the Practice Direction supersede the NICN Rules in case of a conflict regarding filing of the processes referred to the Practice Direction.

1. The Scope of Section 3(1) of the Practice Direction

Section 3(1) of the Practice Direction further provides that “…all forms of originating processes including applications and motions, particularly such that seek for order(s) to restrain the holding of delegates’ conference of a trade union or conduct of trade union elections, are to be filed either in Abuja or Lagos Judicial Division of the Court.”

The use of the phrase “all forms” in the provision suggest that every originating processes (without any exception) shall be filed either in Abuja or Lagos Judicial Division of the NICN. The implication is that the registries of the NICN other than the Abuja and Lagos divisions are rendered redundant as far as filing of originating processes is concerned. Thus, every suit to be filed at the NICN must be commenced in the Abuja or Lagos division no matter where the cause of action arose or the domicile of the parties.

Section 3(1) may also be seen to have limited the suits it references to those seeking for order(s) to restrain the holding of delegates’ conference of a trade union or conduct of trade union elections. This it appears to do using the adverb “particularly”. According to the 2nd edition of the Longman Dictionary of Contemporary English, the adverb, particularly, means “especially; in a way that is special and different from others”. It appears that by using the word “particularly”, section 3(1) of the Practice Direction is limited to the processes seeking to restrain the holding of delegates’ conference of a trade union or conduct of trade union elections. However, this intention could have been better captured by a phrasal of the section without the words, “all forms” as used at the beginning, to avoid any controversy as to the classes of suit to which the section apply. Section 4 of the Practice Direction is not helpful. Although it stated that the Practice Direction would apply to all causes and matters in the NICN, it adds a rider, “save to the extent as herein indicated or as may otherwise be directed by the Honourable President…” It is not clear whether it is intended that processes seeking to restrain the holding of delegates’ conference of a trade union or conduct of trade union elections are the exemptions referred to under section 4.

iii. Effect of Section 3(1) of the Practice Direction on Access to Justice

There is indeed only one NICN created under section 254A of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (“the 1999 Constitution”) and section 1 of the National Industrial Court Act, 2006 (“the NIC Act”).

In fact, section 21(1) of the NIC Act provides that the Court shall have and exercise jurisdiction throughout the Federation and for that purpose, the whole area of the Federation shall be divided by the President of the Court into such number of judicial divisions, as the President from time to time, by instrument published in the Federal Gazette decide, and may designate any such judicial division or part thereof by such name as he thinks fit. Subsection (2) provides that the Court may sit in any Judicial Division as the President of the Court may direct.

The provisions referenced above provide the legal justification for the provision of 3(1) of the Practice Direction in limiting the venue for filing of court processes seeking to restrain the holding of delegates’ conference of a trade union or conduct of trade union elections to the Abuja and Lagos divisions of the NICN.

It is not clear why the Practice Direction limits the filing of suits seeking to restrain the holding of delegates’ conference of a trade union or conduct of trade union elections to the Abuja and Lagos divisions of the NICN. It may be to cub the practice where different factions of trade unions commence multiple suits on the same subject in various divisions of the NICN, which most times result in conflicting decisions from various Judges of the NICN.

Assuming this is the mischief the provision seeks to cure, the approach undertaken in the Practice Direction may not be the best. The implication is that trade unions which are not predominant in either Abuja or Lagos will have to go all the way to Abuja or Lagos to file an action, no matter the urgency. By this approach, where there is a real situation of urgency deserving of the interim preservative/preemptive orders of court, injustice may have resulted even before the parties get to Abuja or Lagos to file the action, rendering any subsequent decision of the court nugatory. The good intentions of the Practice Direction notwithstanding, the procedure it has adopted may constitute an impediment to access to justice.

The Practice Direction could have adopted the procedure under the Federal High Court Rules, 2019 where a claimant is required to depose an affidavit of non-multiplicity of action and include same as part of documents to accompany the writ or originating summons. This way, a person who knows of the existence of a suit but goes ahead to commence another suit and making a false deposition in the affidavit of non-multiplicity of action may be liable for perjury. Another measure would be for the NICN to have a central repository system assessable to and from all Registries in the different divisions. This way the Registry, the President of the NICN and the Administrative Judges can keep tab of all new actions filed in any registry and assign similar actions to the same Judge.

Marking of Documents/Exhibits

Section 3(2) of the Practice Direction contain provisions which bother on evidence. It provides that all frontloaded documents attached and/or referred to a pleading or witness statement on oath and which are intended to be relied upon at trial should be marked serially in the manner done for originating summons. It is also required that the part of the document (e.g., paragraphs or pages) to be relied upon in the attached document must be concisely referred to and appropriately marked as to be discernable in terms of the fact being proved.

The section further provides that a party who intends to tender a frontloaded document at trial must also indicate if the original will be available,/produced for inspection at the hearing of the matter. Also, if the document is such that requires the laying of foundation before it can be admitted into evidence, the necessary foundation must be laid in the pleading and witness statement on oath.

Section 3(2)(g) specifically states that a defendant who intends to object to the admissibility of a document to be tendered by a claimant must indicate so on the statement of defence and witness statement on oath and state the basis of the objection. Similar provision is contained in section 3(2)(k) which requires a claimant to indicate his objection to the defendant’s document in his reply to the statement of defence. One problem with section 3(2)(k) is that it assumes that a claimant will in all cases file a reply to the statement of defence. The law is clear on the point that a reply is only necessary to respond to novel issues raised in a statement of defence that was not contemplated in the statement of claim- please see Aliyu v. Adamu & Ors (2021) LPELR-56641(CA). In Unity Bank v. Bouari (2008) LPELR-3411(SC), Niki Tobi, JSC held that “a Reply is necessary where a Statement of Defence raises a fresh issue which was not anticipated by the Statement of Claim. Where a Statement of Defence raises an issue which is already averred to in the Statement of Claim, a Reply is otiose.” The Practice Direction did not consider a situation where a claimant may not have to file a reply but intend to object to documents intended to be tendered by a defendant. This is another shortcoming of the Practice Direction.

EFFECT OF NON-COMPLIANCE

Section 3(3) of the Practice Direction provides that any process that does not comply with any provision of the Practice Direction shall not be accepted in the registry for filing. Where it is accepted, the court shall treat same as incompetent and strike out the entire suit, if it is the claimant’s statement of fact, reply to statement of defence, and/or witness statement on oath, or strike out the process if it belongs to the defendant.

By this provision, the Registries of the various divisions of the NICN have been empowered to filter all processes or at least those relating to actions seeking to restrain the holding of delegates’ conference of a trade union or conduct of trade union elections and refuse same for filing except in the Abuja and Lagos divisions. More worrisome is the fact that such a process, except if it was filed in either the Abuja and Lagos divisions, is deemed incompetent and liable to be struck out.

In the same vein, the Registries of the various divisions of the NICN have been empowered to reject processes presented for filing if they do not comply with the procedure for marking exhibits as provided for in section 3(2) of the Practice Direction. Even where it is accepted for filing, the court is enjoined to treat the process as incompetent and strike it out.

The controversy created by section 3(2) is that it relates to evidence. Evidence is the 23rd item in the Exclusive Legislative List, which confines evidence to the exclusive legislative competence of the National Assembly. Generally, evidence is governed by the Evidence Act, 2011. Any other law on evidence which is inconsistent with the provisions of the Evidence Act is void to the extent of its inconsistency, of course without disregard to the provision of section 3 of the Evidence Act, 2011 which allows for the admissibility of any evidence that is made admissible by any other legislation validly in force in Nigeria.

The thought-provoking questions are, can the Practice Direction validly legislate on evidence? Will the fact that a party failed to raise his objection to the admissibility of a document on his pleading make him unable to raise the objection at a later stage of the proceeding and thereby render an otherwise inadmissible document admissible? Or will the fact that a party failed to lay necessary foundation to the admissibility of a document in his pleading and witness statement on oath prevent him from laying the said foundation at trial and thereby make him unable to tender the document at trial?

There are many judicial authorities on the point that the proper time to raise an objection to the admissibility of documentary evidence is when the document is sought to be tendered- See Isa Kassim v. The State (2018) 4 NWLR (Pt. 1603) 20 and Arinze v. First Bank (Nig) Ltd (2000) 1 NWLR (Pt. 639) 78. An analogy may also be drawn from the position of the law that it is desirable for objection on admissibility of a document to be raised during pre-trial conference. Notwithstanding, failure to so raise the objection at the pre-trial conference does not prevent a party from raising it at the trial stage, because this will give room for rendering admissible an otherwise inadmissible document. This is the resultant effect of section 3(3) of the Practice Direction on failure to raise objection to admissibility on pleadings. The Court of Appeal was emphatic when it held in Ashaka Cement Plc v. Asharatul Mubashshurun Investment Ltd (2016) LPELR-40196(CA) that the Rules of Court cannot override a substantive legislation. The Evidence Act, 2011 is the substantive legislation on admissibility of documents. Therefore, the Practice Direction ought not to affect is provisions on admissibility.

How about in cases where the document frontloaded is absolutely inadmissible in law? The law is trite that such documents even after it is admitted without objection should be discarded and that a party can raise the objection for the first time on appeal or at the address stage. This position of the law was well espoused on Okpu v. Trust Bond Mortgage Bank Plc (2021) LPERL-54554(CA). However, section 3(3) of the Practice Direction seems to deny a party the right to raise the objection on admissibility at a later stage not minding that the document is, by law, absolutely inadmissible.

It may be argued that the Evidence Act does not apply strictly to the NICN in view of the provision of section 12(2)(b) of the NIC Act which provides that the court shall be bound by the Evidence Act but may depart from it in the interest of justice. But as has been demonstrated above, strict compliance with the Practice Direction in defiance of the Evidence Act may lead to even greater injustice. The problem with section 3(3) of the Practice Direction does not end at the fact that it is likely to render admissible an inadmissible document. It goes ahead to render incompetent the claimant’s suit or the defendant’s processes. There is a distant relationship between the competence of an action and admissibility of evidence. The fact that a document is not in an admissible form does not render an action incompetent. It is therefore strange that by the Practice Direction, an entire suit is liable to be rendered incompetent because documents are not properly marked as it should be in an originating summons.

CONCLUSION

The goal of the Practice Direction as indicated in section 2 is to promote access to justice and expeditious disposal of cases. This intention is regrettably not aptly manifested in the provisions of the Practice Direction as a result of the controversies that surround the said provisions, some of which have been highlighted above.

In an attempt to guarantee access to justice, the Practice Direction may have created an avenue for the denial of justice by limiting litigants to only the Abuja and Lagos divisions of the NICN. The Practice Direction does not bury the doubt as to whether this limitation only applies to actions seeking to restrain the holding of delegates’ conference of a trade union or conduct of trade union elections or to all actions.

The Practice Direction also contains some far-reaching evidential provisions. Fairly, the intention of these provisions is to make for the expeditious dispensation of cases which is very laudable. However, some of the provisions are not in consonance with the rules of evidence as expounded in many judicial decisions, raising the question as to whether the Practice Direction can competently govern evidence and, particularly, the admissibility of documents.

The most worrisome part of the Practice Direction is the sweeping provisions of section 3(3) which renders an action or process incompetent and liable to be struck out for non-compliance with the Practice Direction. The far-reaching provisions of the Practice Direction cast doubt on whether it has accomplished its objective of promoting access to justice and speedy dispensation of disputes.

• Kingsley Ibe & Damilola Ajayi are both Legal Practitioners at Babalakin & Co, Lagos.

By Olanrewaju Akinsola

The streamer headline announced the news the whole of the legal profession had been waiting for: EFCC Prosecutor, Wahab Shittu, 61 Others Get SAN Rank.

That announcement on September 29, 2022 marks the crowning glory of Wahab Kunle Shittu’s legal career which had started more than 35 years ago when he was admitted into the Nigerian Bar in 1987.

For years, Wahab Shittu’s name has become synonymous with high-profile prosecution on behalf of the Economic and Financial Crimes Commission and its twin, the Independent Corrupt Practices and Other Related Offences Commission.

Mention his name anywhere, it is doubtful if there is anyone in active legal practice or even outside the legal circle who does not know him.

He was the lead counsel in the prosecution team that prosecuted a former Governor of Gombe State, Senator Danjuma Goje in the celebrated N5b Fraud case. He also represented Ibrahim Magu, the erstwhile chairman of the EFCC before the Justice Isa Ayo Salami Investigative Panel set up by President Muhammadu Buhari to probe the former anti-corruption czar.

However, what many people, especially those outside the legal circle might not know, is that Wahab Shittu is not only a litigator, he is also a first-class scholar who has been a Law Lecturer at the University of Lagos for close to two decades in the institution’s Department of Jurisprudence and International Law.

I believe it is the Akoka connection that really attracted me to him and we bonded as if we had grown up in the same house.

I know that you may not agree with me -especially if you are not a proud Akokite- but UNILAG has a way of bringing out the best in you. It is difficult to pass through the institution -which by the way is the only university in Nigeria that has a lagoon front – without being the better for it.

No wonder why our cherished motto which guides everything we do is “in deed and in truth.

“At the last Nigerian Bar Association Conference in Lagos, I asked him about his application for Silk.

For those us who are privileged to be close to him, we are not unaware that his legitimate aspiration – like all lawyers with passion for advocacy – was to be resplendent in the silk gown. He told me that he was hopeful of coming out victorious. That was when he told me something I could never have imagined. “Onigegewura, while I am hopeful of being made a Silk this year, the truth is if it does not pan out as expected, I will continue to make the application until I make it.”

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He said with the fierce determination which has become his characteristic trademark whenever he is prosecuting cases in court. But that was not what was shocking to me, that was to come in the next few seconds that followed.

“Onigegewura, this year marks the 11th time I have been applying! Can you believe that I was never shortlisted the first 10 times I applied!”

That day, as I drove out of the Eko Hotels -venue of the Conference- I could not stop myself from wondering the stern stuff WKS was made of. For someone to go through the rigour of the application to become a Senior Advocate of Nigeria for 11 record times without giving up and with the determination to continue until he made it is humbling to me.

It was there and then that I made a mental note that I would write this piece when his name was announced.

One could, therefore, imagine my delight when I saw his name on the final list proudly at No. 6!

It then occurred to me that six must have been a magical number for the courtroom warhorse.

To start with, he was born on September 6. And the announcement came in the month that he marked his 60th birthday which also coincides with the 62nd anniversary of the University of Lagos -his alma mater.

Ha! I have not told you that WKS is not only a lecturer at UNILAG, he is also a proud alumnus of the school where, in addition to his first degree in Law, he also obtained his two Master’s Degrees. Yes, you read that right.

He obtained his Master of Law [LL.M] in 1996 with Distinction.  Fourteen years later, he obtained another Master’s Degree, this time around, in Public Administration and International Affairs in 2010 with another Distinction.

Of course, Wahab Shittu is not a stranger to distinction. If distinction were to be a human being, it would have been Shittu-personified.

As an undergraduate at the University of Lagos, he was the recipient of the Dean’s Prize awarded to the most outstanding student of his graduating set in 1986. He also carted home the prestigious Prince Bola Ajibola’s Prize in the same year.

That was not all. He was also the best student in Banking and Insurance Law and Public International Law in 1986.

It may interest you to note his sterling performance did not start at the University.

At the Kwara State Polytechnic in Ilorin where he did his Advanced Level programme, he graduated as the Best Student with distinction in four subjects. And years before that, he had emerged the best student at Ansar-Ud-Deen College Offa where he left an indelible footprint as one of the few students to have left the College with distinction. His achievement at that time made him an instant celebrity in the whole of Offa.

One person who has not forgotten the feat is the Olofa of Offa, Oba Mufutau Oloyede Gbadamosi. One could, therefore, understand why His Royal Highness joyfully identified with the proud son of Offa on this latest achievement. In the words of His Majesty: “You just gave me another fantastic gift of pride and I am extremely grateful for such honour brought to Offa land.”

It is perhaps in recognition of his skill and competence as an adroit litigator that His Excellency, Prof Yemi Osinbajo, GCON, SAN appointed him as a member of the Presidential Advisory and National Prosecution Team, an assignment WKS carried out passionately with his uncommon zeal and single-minded dedication.

Of course, Shittu is not new to public service. Has Onigegewura told you that he was a consultant to the Lagos State Government Prosecution Team in the case of State v. Synagogue Church of All Nations?

WKS and litigation appear to be the proverbial two peas in a pod. For more than three decades his life has been dedicated to nothing else but the pursuit of justice using the instrumentality of the law.

However, like the coin, there is another side to Wahab Shittu that many people do not know. Let me share an open secret with you. Did you know that Egbon Wahab – as I fondly call – him would have made a career out of professional table tennis if not for his passion for law. As a student of Ansar-Ud-Deen College Offa, he was a Kwara State Government Scholar throughout his secondary school years on account of his table tennis wizardry.

He also won a Gold Medal for our greatest Akoka in his undergraduate days.

Such was his expertise in the game of ping-pong that he represented not only Kano State and Kwara State in the sport, he also represented Nigeria for many years alongside international stars like Atanda Musa, Francis Sule, Sunday Eboh, and Kasali Lasisi amongst other notable names.

I recall his response one day when I asked him about his passion for table tennis and how he has been able to strike a balance between the sport and his active legal practice. That was when he told me that both the sport and the profession have so many things in common.

According to him: “The essence of the legal practice is to always keep your eyes on the ball which is the same thing with ping-pong. Becoming a professional in both fields requires dedication, passion, constant practice, and the ability to be one step ahead of the person on the other side of the Bar or the table as the case may be.”

One striking thing about WKS is his humility which has become legendary among everyone who knows him. Notwithstanding his brilliance and achievements in life, Shittu is extremely self-effacing. His students and colleagues at the University of Lagos and at his chambers all testified to his humility.

Even in Court, you need to see how he relates with counsel on the other side with deference and respect in the finest tradition of the Bar.

Of course, you know that he is older than me, but he has refused to address me with the appropriate Yoruba pronoun for a junior brother. To my eternal embarrassment, he is always using ‘Ê’ for me which as you might have guessed is for someone older.

You will therefore do me one favour, please. Anytime you see WKS, please tell him that Onigegewura he is going to sue him to the ‘Yoruba Elder’s Court’ if he does not stop addressing him with the ‘Ê’ pronoun.

One of the favourite proverbs of Iya Agba -my grandmother – is bí òdèdè ko dun, bi ìgbé ni ilu ri [if there is no tranquillity and joy in the homestead, living in the town becomes intolerable]. In my view, this proverb sums up the family of Wahab Shittu.

If there is a wife who is ever supportive of her husband in all ramifications and without qualification, it is Alhaja Khadija Ajoke Shittu. There is no one who knows Shittu who does not know that Alhaja is the proverbial shoulder that does not allow the garment to slip off.

Together, the duo have succeeded in bringing up children who are cultured, religious, and well-behaved.

Yusuf is a surgeon practising in the United Kingdom. Rilwan is a member of both the Nigerian Bar and the New York Bar. Rafiah has just been called to the Nigerian Bar. Imran, like his eldest brother, has however decided to give Law a wide berth. He prefers Architecture which he is currently studying at  -where else but the University of Lagos.

WKS, as you begin the next chapter of your life as a Senior Advocate of Nigeria and a sexagenarian, what else can I say but to say amen to the prayers our royal father, the Olofa of Offa Oba Mufutau Gbadamosi has solemnly prayed for you: “I pray to Almighty Allah to make this the beginning of many great things to come in your life. You will continue to be victorious in every case you take-on and your enemies shall fall beneath your feet.”-

• Onigegewura Olanrewaju Akinsola, FCIArb [UK], FCTI is a legal practitioner and historian. He practises Law in Lagos and Abuja.

By Adebisi Onanuga

The Lagos State Government through its Domestic and Sexual Violence Agency (DSVA) has commenced 16 days of activism to rid the state of the menace of sexual and gender-based violence (SGBV).

The Executive Secretary, Domestic and Sexual Violence Agency (DSVA), Mrs Titilola Vivour-Adeniyi  said the activism, which commenced last Friday,involves 16 pivotal ways to ameliorate and address the grappling issues of SGBV that individuals and communities are faced with.

She said each of the 16 days will be saddled with a new hope to be given by the Governor Babajide Olusola Sanwo-Olu.

A statement signed on behalf of the agency by Mrs. Adejoke Ladenegan-Oginni listed some of the activities earmarked for the period to include: “Advocacy Walk in Epe; Engagement of 3,000 children on preventing child abuse; Door-to-door community engagements; Market fiestas and engagement of the youths” among others.

Mrs. Vivour-Adeniyi said the agency is using the opportunity to showcase the different interventions of the state under Sanwo-Olu, some of which include the provision of shelter for survivors of domestic violence, launch of the Domestic and sexual Violence Trust Funds, the provision of 24/7 access to free legal, psychosocial, rescue and counselling services, not forgetting the launch of the Sexual Intervention Trust Fund which now provides access to free medical attention to survivors of domestic and sexual violence at designated government facilities.

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“We use this medium to reiterate the state government‘s zero tolerance for all forms of SGBV and urge anybody experiencing any form of GBV to break the silence and report any concern to the Lagos State Domestic and Sexual Violence Agency via the toll free line- 08000 333 333.”

She said the 16 days of activism against GBV is an annual international campaign that kicks off on November 25, which is the International Day for the Elimination of Violence against Women, and runs through  December 10, the Human Rights Day.

“At the DSVA, we believe that preventive measures are the most efficient ways of addressing Sexual and Gender-Based Violence (SGBV) issues. To this end, we embark on several advocacy programmes, which aims at reducing SGBV to at least the barest minimum.

“The Agency will be leveraging on the global annual 16 days of activism for the elimination of violence against women, to heighten awareness on the issues of gender-based violence in the state through several community engagement programs”, she  added.

She assured that DSVA provides  coordinated and holistic response to SGBV and listed the  objectives of the agency to include: “to increase awareness on the prevalence of gender-based violence; to enhanced knowledge on referrals to responder agency (ies) upon receipt of complaint; to increase knowledge about support services available; To debunk myths associated with SGBV; to stimulate a collective responsibility in the fight to eradicate SGBV; and to encourage mandatory reporting.”

She said the agency also provides an opportunity for survivors and third parties to report cases of domestic and sexual violence in Lagos State, adding that these reported cases are tackled swiftly through the team work of ministries, department and partner agencies, gender-based violence case managers, thepolice, non-governmental organizations, psychologists, rescue team, social welfare, health-care workers and the judiciary, among others.

By Adebisi Onanuga

The Federal Government has urged legal practitioners to make Nigeria an international seat of arbitration, especially where the subject matter of the dispute involves the country.

Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN) stated this at the weekend during the 2022 Annual Conference of the Nigerian Institute of Chartered Arbitrators (NICArb) held at the Eko Hotels and Suites, Lagos.

The theme of the conference was “The Future of Arbitration and ADR in Africa: Developments and Sustainability.”

He said this will not only promote arbitration practice in Nigeria but also enhance tourism and create a notable surge in foreign direct investment which would in turn boost the nation’s economy.

To achieve the objective of making the country me an international arbitration centre, Malami promised that government on its part would ensure the growth of arbitration by encouraging autonomy of arbitration organization.

The minister, who was represented by a director in his ministry, Larry Nwudu, stressed the need for a legal framework that meets international best practices.

Read Also: PWDs seek implementation of law

To attain this, he said there is need to ensure the continuous training and re-training of judges, lawyers and arbitration practitioners in order to enhance effective dispute resolution and administration of justice.

Similarly, he stressed the inclusion of arbitration and other forms of dispute resolution in schools curricular especially at the tertiary level and establishment of more arbitration institutions.

Justice of the Supreme Court of Nigeria, Justice Chima Nweze, in a keynote address titled, “Arbitration, Justice and the Rule of Law” remarked that a number of factors are working together to elevate arbitrators to a quasi-judicial status.

He said that arbitrators, like Judges, have a duty to act judicially, and that this duty is not merely owed to the parties, but also owed to the public.

Justice Nweze urged members of the institute to always uphold the vital standards of independence and competence throughout the country and give effect to contractual rights in accordance with substantive and procedural legal principles, thereby helping to ensure the rule of law and effective delivery of justice.

He remarked that it is safe to conclude that Africa has achieved reasonable strides towards becoming an investment-friendly and resolution environment with the available arbitration laws and institutions in Africa.

He said what remains is for the sincere application of these laws within the institutional framework to promote greater efficiency.

“The role of the national courts and their disposition to support, rather than interfere in the application of other dispute resolution mechanisms, will go a long way in promoting Africa as a destination for investment”, he further stated.

Justice Nweze stressed the need for African governments to conscientiously drive infrastructural  development that provides safe and efficient cities for arbitration.

The President and Chairman of council, NICArb, Prof. Fabian Ajogwu, in his remarks contended that there is a future for arbitration and ADR in Africa.

Prof. Ajogwu said it was commendable that Nigerian government has heeded the call by arbitration and ADR practitioners and the need to update arbitration laws.

Justice Serifat Solebo bowed out of the Lagos State judiciary on Friday. She shared her thoughts with reporters on the inadequate funding of the judiciary, law enforcement challenges, sexual offences and their effects on family life, and minors in conflict with the law. She also proferred solutions. ROBERT EGBE was there.

Judicial system reforms

Generally, my opinion is that we have too many laws that address too many things. Sometimes as practitioners, we even forget that we have some laws. There are so many, I’m not saying they are irrelevant but are we studying those laws? Are we aware of what we have? Some of what people have been trained on years back, there’s no continuing legal education. We don’t know what is in the new laws. So, we are still working with the past laws, laws that have been overtaken.

That’s one. Even where we know, are we working in accordance with the laws of the land? Most times we are not. Lack of knowledge, of course, ignorance cannot be an excuse in law, but a lot of us are ignorant of current laws and, like I said, where we are aware of the current law, this cankerworm called corruption has eaten deep into our system. It is systemic, it is endemic. You go, for example, on the street and they will tell you, oh, you have contravened this and the next thing is “give the boys something”. It happens everywhere. Go to the airport, once you are pushing your trolley out, the customs officers will be asking you for money. It happened to me this morning in front of a police station at Anthony. The police pulled my car off (the road) and the next thing is, “Are you with us? Are we the same?” Later the policeman said, “Madam it seems you don’t want to give us anything.” He now whispered to my driver and said “She is a difficult person.” My driver laughed and he said “Go.” That was how we left. So even if we were carrying contraband, even if we had just killed or stolen, we would have escaped if we had just offered them N500. You cannot say that the officer does not know what the law says. I just use that as an example of the kind of person we are, and how we run this nation, and it cuts across.

Back to the judiciary. It happens here too. The law says a lawyer must sign the form, you must input your email. I have received a couple of processes in my court that these things are missing. Can we say he is not aware of the law? He’s well aware but because you can always turn your eye once you receive something. We have adequate, more than adequate laws. There’s no law they have abroad, we don’t have in Nigeria, but the difference is the enforcement of the law. Those who are supposed to enforce the law are the ones circumventing it and that’s why in my opinion things are not working and it has been part of our problem.

 

Funding for judiciary

No doubt the Lagos State judiciary is the pacesetter throughout the federation. We lead, other judiciaries follow. No doubt. The good things are initiated in Lagos first and of course, implemented, and others would adopt and improve on them. With regard to the issue of funding, I have never worked in the accounts department, so the question can be better answered by the Chief Judge and maybe those in the accounts, I don’t know anything about funding. Maybe the Chief Registrar also, who is the accounting officer for the judiciary. But there’s no doubt that we still go cap in hand to the executive for the implementation of a lot of things, particularly the welfare of judges and magistrates.

We have good laws but are they well implemented and interpreted? Most times not. So I think once the law is well interpreted, there’ll be an improvement and the funding would improve.

The House of Assembly does not go before the budget department of the ministries, the Lagos State judiciary still does, and whatever they give the judiciary is at their whims and caprices. So it’s even one thing for it to be in the budget, it’s another thing for them to release the money. You may have some things budgeted for and approved and funds are still not released or even when they are released ,they  are released late. So if we interpret the laws well, there ought to be financial autonomy for the judiciary.

 

How to curb sexual violence

Honestly, if I say I have an idea, I would be lying. As to what government should do, I think we must start from the home. What government could do is what they’re doing. They have moved from 14 years penalty to life imprisonment. But are people deterred? I don’t think so. The essence of punishment is to deter likely offenders, but I don’t think the message is getting across. Why? To some extent, I cannot answer. So if that fails, I’m not saying the government has failed in its duty. They have not because that’s why they increased the penalty, but I think where the law failed should be our concern, why the law failed should be a concern. Why would it fail? I honestly don’t know.

 

Sexual violence and law enforcement challenges

But again, it could go to the issue of, it should be a matter of strict enforcement, but a lot of traditional and cultural practices have crept into the implementation of our laws. I’ve had instances where a girl was raped and sexually abused after reporting it right there at the police station. The police officers on the desk were the first to say, why are you doing this? Have men not slept with you before? What was the big deal? And they refused to take action unless the girl allowed them to sleep with her or in some cases the parents would have to pay them to leave the station. On those two occasions, the family chose to work away, so the perpetrator got away.

There was also a case where the mother paid the police to mobilise them to follow her to go and arrest the perpetrator. They arrested the perpetrator and the Oba or Baale of the area in this Lagos State, sent for the woman and gave her an ultimatum to go and withdraw her petition or complaint at the police station, and if she refused, she should never return to the community. She left the community but did not withdraw the complaint. What happened next? Somebody went to her shop in the market and just told her “You have to leave Lagos for us” and of course, she left. So, what message or messages have we sent to the perpetrator? It is that you do it with impunity and get away with it.

 

Justice ministry bureaucracies

All it takes is to have the backing of the community or the strong people within the community. The other message is to those who are abused that keep quiet because nothing will come out of it. That does not absolve the judiciary or the ministry of justice of its own lapses. That has to do with the length of time it takes for us. Most of the cases I handled this year, have been reported for more than five years, sometimes between the police and the Directorate of Public Prosecutions (DPP). To forward and duplicate case files might take two to three years, with loads of excuses. No duplicating machine, where there is a machine, no money. How and why it takes so long? I don’t know. Of course, each Attorney-General tries to improve things. When eventually it leaves that place, it comes to the judiciary.

 

Courts’ role in the problem

Sometimes until there are petitions or there are complaints, some of these cases would not be put in the system and of course when it gets to court, sometimes we as judges, because of the heavy dockets; some courts have 800, some have 500, and some have less. It depends on how you manage the cases in your courts. So if you have too many cases, a lot of them will just be for mention. So we need to do case management. It goes again to interpreting the law. The administration of criminal justice is very clear in certain circumstances; these are the steps the court should take. And we as judges or magistrates taking those steps, for example, on Section 264 of the Administration of Justice Law (ACJL), magistrates are supposed to issue notices to the Commissioner for Justice, the DPP or Commissioner of Police (COP) to come and explain why a defendant must not be released after 30, 60 days in accordance with Section 35 of the Constitution, but some magistrates will not do it even two years after the defendant is still locked up. Whereas the information has not gotten to the court and the suspect is languishing in prison awaiting trial. Sometimes too, the cases get to court and the judges are not available for one reason or the other. It could be due to health reasons. It could be due to reasons like you are attending a training session. With regard to this issue of training, I would suggest that the training institutions should notify the Chief Judge early so that all these training sessions would fall within the diary. Once I know that within this period there’ll be training, I will not fix any trial or any proceedings on such dates. The calendar of courts must include the training periods and times.

 

More judges, courts needed

Once the litigants and defendants miss their appointed date, it might take another three, or four months to get another date in cases where the dockets are heavy, but more importantly, we need more courts, we need more judges because we need people to take the load off a lot of us. Even if some of us decide to be striking out so many cases – because I do it regularly and have done it over the years – I still would have over 300, 400 cases, because there’s an increase in reportage; cases have been filed and of course, there are loads of backlogs. That’s the situation.

 

Challenging criminal, civil cases

I have mostly been in criminal courts. I didn’t quite have challenges in most cases, except when I had cause to pronounce death by hanging sentence in a murder case, and also sexual offences, which is also life imprisonment. The challenges most times arose from where the investigation was shoddy; sometimes my inner self knew that the accused person likely committed the offence, but the law is that justice must be seen to be done. Your evidence must be such that any neutral person who picks the file can say, oh, this person committed that. But most times the defendant will say, ‘I didn’t do it’. The lawyer in his written address will sometimes even write something different from the evidence led, just to see that his client gets off the hook. Sometimes it’s the prosecutor that is not good. More often than not, it is the investigation that is boring, and then you wonder should I let this person go? Having taken somebody’s life or in sexual offences having taken somebody’s future? So, you have to balance it out. The law is as it is. The law says to prove beyond a reasonable doubt. So sometimes despite the feelings, no matter how much I feel that this man committed the offence, I would have to let go when doubts are created. That’s the kind of challenge I have had.

 

Problem of minors in conflict with law

But in civil matters, I rarely had any challenges, except occasionally. In civil matters, the challenge comes when you are to take a decision on children and family matters. Sometimes you have a man who is not particularly good at parenting. He has the money to get a good lawyer. You have a woman who is supposed to be a better parent to have custody but has no lawyer or even when she does, the lawyer knows nothing about family law and could not argue the case. Yet you have to decide based on the balance of probability. How do you determine the matter? I cannot manufacture evidence, so I must still act on what is placed before me. Those were the kind of challenges I faced. Another challenge has to do with children in cases where, for example, of incest; a father who ordinarily is a good husband to the wife and the children, but a bad father to a particular girl, a particular daughter who he slept with. The law is that I should give life imprisonment. What do I do? This is a breadwinner; your wife is a petty trader. They are living in rented apartments. If I lock him up for life, who pays the rent? Where do they go? How do we move on from here? So at the end of the day, there’s no way the issue of courtroom bias will not come in because even though the law does not say so, I must consider the interests of the other children, their education, and their welfare. So it’s not a civil matter where I will be balancing, I must consider their interests. Those are the kind of challenges.

I have also had one where a boy of 17, raped and impregnated a girl who was 15; where do I send the boy? Where can I keep the boy? And even the principal of the school came to court to let me know that, he was a brilliant student. The same thing also happened in a matter where a very brilliant boy beat a girl, and the girl fell and died. And that was just two months before the student sat for the West Africa Senior School Certificate Examination (WASSCE). Do I truncate his education? So those are the challenges within the criminal justice system that I had during my time and short period.

 

How both cases were resolved

The boy whom the principal and teachers came to lead evidence and the social inquiry reports attested to his brilliance, bringing his reports. Of course, even though at that time it was not part of our law that we could suspend a sentence, I suspended the sentence so that the boy could sit for his WASSCE. And as a magistrate at that time, and it was at that point I became a judge. So, what happened? I don’t know.

In the case of the father, who impregnated the daughter, I also was a magistrate at that time. I locked him up and while I was thinking of what to do, elevation came and that ended my interest. What happened to him thereafter, I don’t know.

In the case of the one who pushed a girl that died, he was a brilliant boy. The other one raped a 15-year-old. I just put all of them under supervision and they must report because, under the law, the last resort of punishment for children under 18 should be incarceration. Because they were young, I diverted them for counselling and of course, I also ordered that during their holidays, they had to come and be cutting grass within the court environment. They did it conscientiously, but I also placed him on supervision, till the two of them are 18, because there was no point in sending the boy to jail. Moreover, the boy at that time said it was even the girl who invited him, he slept with her; so, should I change the charge to make it look like it was the girl who raped the boy? So I punished the two of them. That was definitely not by sending them to jail. That’s what happened.

 

Electoral Act 2022 and election disputes

I believe strongly that the 2022 Electoral Act is an improvement on the previous Act. I think all the subsequent Acts had been an improvement on the previous ones and that’s why you find out that with the last, say, panel list, you realise that there’s less rancour and things are faster. The first law came and give limited time within which to hear cases. You can see that things have since improved and I’m sure with this current one it will be better and make the resolution of disputes faster. Cases will be decided faster than before and a lot of the grounds upon which they come have been narrowed down and some have been eliminated. So, there’s no room for frivolous applications.

 

Inspiration to become a lawyer

I never intended to be a lawyer. I was born to parents who were traders, successful traders and my environment was full of successful traders and, of course, we grew up with a silver spoon. There was so much to live for and with, so the dream was that I wanted to be a successful trader like my parents. As I went through primary and secondary school, I told myself, “After this, I am educated enough to run my own business.” Of course, my parents wanted something better so I had to work at the Department of Post and Telegraph as a poster clerk. I was there for two and a half years. Then I had my daughter, thereafter my parents sent me to England for a one-year crash course because they wanted me out of Lagos just to be sure I could reset my brain to do something different.

I came back and started working as a confidential secretary. I worked with Elder Dempster Agencies (Nig) Ltd, Apapa on return from London and then ITT Nigeria Limited, that’s the late Moshood Abiola’s company, and then I went back to business. I was so glad, I thought I was resuming my career but fate took me to the doorsteps of the office of the late Chief Bola Adedipe & Co, a firm of solicitors and barristers. When Chief Adedipe interviewed me, he was like “Seri, you are too brilliant to be an ordinary secretary”. So, right from the first day, he kept insisting that I must go back to school, that I needed to go to college and read something. But I was so engrossed in my plan and design that I thought “what was this man saying? Me, I’m looking for money.” And what took me to Chief Adedipe after I left ITT, was that I was into trading. I was taking goods from Nigerians and supplying goods at Apapa and Marina. We were doing well until the Muhammadu Buhari regime came and they said we were hoarding; so shops were forced open, and goods were sold, according to them, to control prices. Those were prices I didn’t even buy at. I was devastated and one of my friends advised me to keep business aside and go back to the office. That was what led me to Chief Adedipe for four or five years.

 

Return to university

How did it happen? One Friday afternoon when Nigeria’s economy was booming, I was on Broad Street (on Lagos Island when I saw a classmate of mine who was running towards PZ (Now Pz Cussons Nigeria Plc). We exchanged pleasantries and I was like where are you off to; she said University of Lagos (UNILAG). What for? She said, I’m already a deputy director and by next year I’ll be a director and, you know, the seat of director or MD will be reserved for the Northerners so they would shove me out of the job. We were still in our 30s at that time so by 38, 40, she would be out of the job. So what would she be doing? That was how she said she wanted to read law part-time so that when and if it happens, she would have something to fall back on. That was the trigger I needed. The following day, I went to UNILAG to get the form for the “evening law” programme; we called it evening law then. It was part-time. When I matriculated and classes started and I saw (Sen) Mrs. Fatimoh Rasaki, Mike Aigbe, Managing Directors of banks, permanent secretaries and federal ministers, all of them in that class, I was like, Seri you have been foolish. These people have made money. They’re here to study and that shows that money is not everything. Even when you have it, you may not be satisfied, there would always be this quest to do something else, do something different and that was how I got into it. But up to the law school stage, I never give it any thought as to what I would do with the law certificate.

 

Becoming a magistrate, judge

I was still focused on making money through trading. I kept on with my life doing whatever I was doing, whether working or trading, and I was doing well. But one day, about two and a half years after we left law school, I met a classmate of mine at UNILAG who was a member of the staff of the High Court. She said, “Seri, what are you doing?”. I said, “I have an office on Bode Thomas Street and I’m into private practice, solicitor work”. She said, “That’s the problem with you Lagosians; you won’t come into service and when there’s a crisis, you will start saying nobody cares about you”. I said, “No, the courts are dirty, things are shrouded (in secrecy) and there’s so much corruption. I don’t want to be part of all that.”

The following day I met another coursemate from law school. That was the first time since we left law school that I would meet any of my classmates (Mr. Suarez). He was at Lever Brothers and he just said “What would it cost you to pick the form for the service?” You remember when we were at UNILAG they told us the Judicial Service Commission is in front of Island maternity (Lagos Island Maternity Hospital). At that point, we were in front of Saint Nicholas hospital. Can you see destiny? I just came out of the building in front of Saint Nicholas and he came out. That was how we kept talking. Before we could say, Jack, we were already at the Judicial Service Commission. We got there and at the entrance, the guards asked who we were looking for. We didn’t even know anybody’s name. Suarez just remembered that the head of the place is always the Executive Secretary. We just said Executive Secretary, Lagos State Judiciary Service Commission and the man at the entrance just said, Oh, Alhaji Hakeem Folami? We said yes not because we knew who Alhaji Folami was. Anyway, the man just took us straight to his office. When we got there, he was in a meeting. We saw his typist who asked us whether our visit was about the magistracy appointment. We said yes. She said, “Bring N250, for the form.” We gave her the N250 and she got the form, gave it to me and said, “Today is Wednesday and the committee will sit to shortlist lawyers to be called for the interview. You still need to get two referees to send in a letter, between today and Friday. Do you have an idea of who would nominate you?” I said yes. She said, “Can I have the names?” I said, (the late) Justice Oluwa, (the late) Justice Bola Adedipe, my boss. That was how she just typed the letter and she gave me the letter and said: “Excuse me ma, even if you don’t have the time, send these letters back latest Friday morning before 10 am, I must have them tomorrow, but latest 10 o’clock or Friday.”

In November 1999, I was sworn in as a Magistrate Grade 2 and I rose through the ranks to become a Chief Magistrate. I was then appointed the Deputy Registrar, Special Duties before my elevation to the High Court in March 2017.