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Category: Law

  • How DSS aborted Utomi’s aberrative shadow cabinet through legal process

    How DSS aborted Utomi’s aberrative shadow cabinet through legal process

    By Ephraim Makke

    In most democratic states, there is always the tendency for citizens to assume, though erroneously, that the exercise of the rights guaranteed under the Constitution is absolute and without limit.

    Buoyed by such reasoning, some citizens are often tempted to make demands, ranging from the unusual to the absurd, believing that it was within their democratic rights to so act.

    Such was the recent case of the 2007 presidential candidate of the African Democratic Congress (ADC), Patrick Okedinachi Utomi (Pat Utomi), who, in his assumed rights to freedom of expression, association and political participation, announced a plan to establish what he called a shadow government or cabinet.

    Utomi went to the extent of allocating portfolios, in his so-called alternative government, to some of his associates before the Department of State Services (DSS) took the initiative to approach the court to challenge the legitimacy of the adventure by Utomi and his associates.

    The suit

    The announcement by Utomi about his planned shadow government attracted huge reactions, with many accusing him of acting to undermine the current federal administration and, by extension, the country’s democracy.

    While many called for his arrest and prosecution, others, who share his perspective, argued that he was acting within his democratically guaranteed rights.

    Rather than joining the fray, as the agency statutorily empowered to safeguard the internal security of the country and prevent any threats to the lawful authority of the Federal Republic of Nigeria and its constituent institutions, the DSS decided to approach the court for its intervention.

    On May 13, 2025 its team of lawyers, led by Akinlolu Kehinde (SAN), lodged a case at the registry of the Federal High Court in Abuja.

    In the suit, marked: FHC/ABJ/CS/937/2025, with Utomi listed as the sole defendant, the plaintiff raised two questions for the court’s determination and prayed the court for three principal reliefs.

    The questions:

    Whether, by virtue of sections 1(1), 1(2), and 14(2)(a) of the Constitution, any person or group of persons, including the defendant, can lawfully establish or operate a “shadow government” or any parallel governmental structure not recognised by the Constitution.

    Whether the defendant’s actions and public declarations regarding the formation of a shadow government” constitute an attempt to usurp or exercise governmental powers outside the constitutional framework, thereby contravening the provisions of the Constitution.

    The reliefs

    A declaration that, under sections 1(1), 1(2), and 14(2)(a) of the Constitution, the establishment or operation of any governmental authority or structure outside the provisions of the Constitution is unconstitutional, null, and void.

    A declaration that the defendant’s plan to establish a “shadow government” or “shadow cabinet” is unconstitutional and amounts to an attempt to create a parallel authority not recognised by the Constitution.

    An order of perpetual injunction restraining the defendant, whether by himself, his agents, privies, or any other person acting under his authority, from further taking any steps towards the establishment or operation of a “shadow government, “shadow cabinet”, or any similar entity not recognised by the Constitution.

    The plaintiff’s case

    The DSS stated that, through intelligence and constant monitoring, it discovered that Utomi announced the purported establishment of a shadow government or shadow cabinet with other persons as ministers.

    It contended that the shadow government is an unregistered and unrecognised body claiming to operate as an alternative government contrary to the provisions of the Constitution.

    The plaintiff stated that the defendant announced that the formation of the shadow government is with the intent to challenge the legitimacy of the democratically elected government of the country.

    It expressed concern that such a structure, if left unchecked, may incite political unrest, cause inter-group tensions and embolden other unlawful actors or separatist entities to replicate something similar.

    The DSS stated that Utomi’s actions were capable of usurping the powers of the executive as enshrined in the Constitution, adding that despite the Federal Government’s efforts to engage him to dissuade him from his path, Utomi allegedly remained defiant.

    The plaintiff stated that Utomi’s activities and utterances in establishing and promoting a shadow cabinet were capable of undermining the authority of the legitimate government and inciting political instability.

    The DSS explained that its reason for approaching the court was for its judicial interpretation on whether Utomi’s “actions cross the constitutional boundary into conduct that is potentially subversive, seditious and unlawful.”

    Utomi’s defence

    In his defence, Utomi, who contested the presidential election in 2007 under the platform of the African Democratic Congress (ADC), described himself as a Professor, accomplished author, politician and an entrepreneur.

    Utomi stated that the Big Tent Association (BTA), under which he and others in the shadow government project were operating, is a registered association that prides itself on shadowing policy activities.

    He, however, claimed that the group did not claim to operate as an alternative or parallel government, adding that the establishment of the shadow cabinet is consistent with the spirit and letters of the Constitution.

    Utomi also stated that the formation of a shadow cabinet is a common practice globally, and it refers to a legitimate civic and political practice where opposition parties or groups form cabinets-in-waiting to provide oversight, articulate policy alternatives and prepare for democratic transition.

    He equally stated that Section 14 of the Constitution allows the nation’s citizens to participate in government and that citizens have a right to express themselves as well as associate with others.

    Utomi denied that his actions constituted an usurpation of executive powers and that the shadow government did not constitute a threat to national security. He prayed the court to dismiss the suit.

    Utomi, who was represented by Mike Ozekhome (SAN), also filed a notice of preliminary objection, with which he challenged the plaintiff’s right to institute the suit (locus standi) and the jurisdiction of the court to hear and determine the suit.

    How court aborted Utomi’s plot

    In determining the case, the trial judge, Justice James Omotosho, formulated three issues for determination. They are:

    Whether the plaintiff has disclosed a reasonable cause of action under the National Security Agencies (NSA) Act to activate the jurisdiction of the court.

    Whether the formation or declaration of a shadow government or shadow cabinet is recognised under the country’s Constitution.

    Whether the filing of the suit by the plaintiff violates or threatens to violate the fundamental rights of the defendant.

    On the first issue, Justice Omotosho faulted the defendant’s argument that his actions related to civic engagement and the formation of a shadow government, which has nothing to do with internal security.

    The judge held that the DSS, an agency saddled with the task of maintaining internal security in the country under the NSA Act, was right to have sued to stop the actions of the defendant, which threaten national security.

    Upon a closer examination of the originating processes, Justice Omotosho proceeded to hold that the plaintiff’s case “as presently couched, discloses a reasonable cause of action against the defendant.”

    He added that the supporting facts show a link between the actions of the defendant and the internal security of Nigeria.

    The judge said: “As stated earlier, a reasonable cause of action does not necessarily mean a suit which will succeed, but one which discloses facts upon which the court can proceed with the suit.

    “Consequently, a reasonable cause of action has been disclosed against the defendant, and this court will assume jurisdiction over the suit.”

    In resolving the second issue, Justice Omotosho held that, as against the case in the parliamentary system of government, which recognises the idea of a shadow government, Nigeria operates a presidential system that has no provision for such an alternative arrangement.

    The judge added that, assuming the country was practising the parliamentary system, Utomi and his associates were still not qualified to form a shadow government since they are not elected members of the parliament, who are in the opposition.

    He noted that from the fact before the court, Utomi is alleged to have made public declarations setting up a shadow government under the umbrella of a registered entity known as the Big Tent Association, an allegation that he (Utomi) admitted in his counter affidavit (one of the documents he filed in court).

    The judge noted that there is no provision in the entirety of the Nigerian Constitution or any other statute which allows for a shadow government or shadow cabinet.

    “Not only in Nigeria, even other Presidential systems, such as the United States of America, where we copied our presidential system, there is no space for shadow government or shadow cabinet.

    “Any opposition party do not have the right to set up a parallel government. The opposition can only criticise the government and hope to convince the voting public to vote it into office in subsequent elections,” the judge said.

    The judge acknowledged the argument that the shadow government project was still in its planning stage, but held that if allowed to mature, Utomi and his associates’ actions could lead to anarchy and a breakdown of law and order.

    Justice Omotosho said: “This court takes the view that a reasonable man on the streets of Nigeria is more likely to see the shadow government as being an usurpation of executive powers.”

    He said the case is even made worse by the fact that the strange idea of a shadow government in a presidential system is being promoted by a person who once contested an election for the office of the President of the country.

    The judge added: “Allowing the defendant to establish a shadow government as of right could lead to the formation of several other shadow governments, because it would be the right of every Nigerian in a population above 230million people, which could threaten the fragile cohesion of Nigeria.

    “This could potentially lead to the formation of 230million shadow governments, which could be replicated at the state level and the Local Government areas. No doubt, this would lead to anarchy, which this court will not allow.

    “A group calling itself a shadow government is capable of inciting civil disobedience to constituted authority.

    “I have carefully perused the Constitution of the Federal Republic of Nigeria 1999 (as amended), and I do not see any part of it establishing a shadow government or similar government or granting every citizen the right to establish same.

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    “I hold without hesitation that the idea or establishment of a shadow government or whatever name it is called is strange and an anathema to our Constitution and laws,” the judge said.

    He further held that the use of the term, shadow government, was capable of misleading people into disobeying the laws of the land and engaging in civil disobedience.

    The judge concluded on the issue by saying: “A shadow government cannot therefore be allowed free rein as it is capable of causing chaos in the country.”

    Justice Omotosho added that the fact that the court found the shadow government idea unlawful did not take away the right of the defendant and his associates to criticise the government, but that they can only do that in manners recognised by the law.

    He said: “The defendant and his comrades are at liberty to criticise the government, using their influence as highly educated individuals, without the need to form a parallel government. Doing so is contrary to the clear dictates of Section 1(2) of the Constitution.”

    The judge faulted Utomi and his associates’ decision to hide under the umbrella of a limited liability company – the Big Tent Association – to launch their alternative government arrangement.

    He said: “This is quite curious as companies limited by shares are usually profit-making enterprises, and not to be used to push political ideology or form a political opposition to the government in power.”

    Justice Omotosho held that should Utomi be desirous of forming a shadow government, capable of taking over power, he should register or join a political party to carry out his desires and not register a company and turn same into a political platform.

    In resolving the third issue, the judge equally faulted Utomi’s argument that the suit violated his rights to freedom of expression and freedom of association.

    He noted that the rights to association and expression claimed by the defendant form part of the fundamental rights guaranteed under the Constitution, but noted that such rights are not absolute.

    Quoting some decided cases, Justice Omotosho said: “It is worthy of note that the two rights being claimed by the defendant are part of the rights which can be legally violated.”

    The judge held that, having earlier found that Utomi’s declaration of shadow government was unlawful and threatens national peace and security, it was wrong to allow him to proceed in that direction solely on the argument that he was entitled to enjoy his right to associate and express his opinions.

    He said: “In the interest of public safety and public order, the right to freedom of expression and right to association of the defendant, with regard to the declaration of a shadow government, are unenforceable.

    “Associating with like-minded fellows, who are carrying on actions contrary to the Constitution of the Federal Republic of Nigeria, is not justifiable.

    “This court will not sit idle and allow persons like the defendant to cause confusion in the country under the guise of fundamental human rights. These rights are not absolute,” the judge said.

    Justice Omotosho added that although Utomi claimed to be running a civil society organisation with the intention of holding the government accountable, his decision to engage in subversive behaviour like declaring a shadow government in a country where such is not permitted will be declared a nullity and unconstitutional.

    The judge noted that Utomi has always exercised his right to freedom of expression as reflected in the many books he has authored before now.

    He said: “In light of this, I hold that the defendant is not entitled to his rights to freedom of expression and right to freedom of association with regard to declaring a shadow government.

    “The plaintiff is right to file this action, being the foremost agency responsible for detecting internal security threats before they snowball.

    “Allowing the defendant free rein is capable of jeopardising the security of Nigeria and may lead to similar declarations by all manner of groups with different aims and objectives. This cannot be, and same will be intently resisted by this court.

    “In the final analysis, the case of the plaintiff succeeds against the defendant, “the judge said and proceeded to grant the three reliefs sought by the plaintiff.

    • Makke, a public affairs analyst, writes from Abuja

  • Lotus Bank seeks to recover N1b withdrawn during glitch

    Lotus Bank seeks to recover N1b withdrawn during glitch

    Lotus Bank Limited has asked a Federal High Court sitting in Ikoyi, Lagos, to recover N1,133,808,604.31 allegedly withdrawn by hundreds of its customers following a system failure that hit the bank’s electronic payment platform in July.

    The bank, in its motion on notice filed before Justice Daniel Osiagor, alleged that 718 customers fraudulently withdrew and transferred funds exceeding their account balances after it experienced a system failure, codename ‘A System Glitch,’ which occurred on July 20, 2024.

    The glitch, the bank explained, resulted from a rollback fix on its E-Bills pay platform, which temporarily disabled automatic debit processes.

    Lotus Bank also admitted that during the ‘system failure,’ 718 customers who made successful withdrawals and transfers from their accounts knew that they did not have the amounts in their accounts with the bank.

    To salvage the unlawful withdrawal caused due to the ‘system glitch,’ Lotus Bank dragged the 45 banks before the court over the massive financial woe.

    The indicted banks are: Palmpay Payment Services Limited; Moniepoint Microfinance Bank Limited; Opay Digital Services Limited; Guaranty Trust Bank Limited; Access Bank Plc (formerly Diamond); Zenith Bank Plc; Payment Service Bank Limited; Wema Bank Plc; United Bank For Africa Plc; Kuda Microfinance Bank Limited; Fairmoney Microfinance Bank Limited and Sterling Bank Limited.

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    Others include: Stellas Digital Bank Limited; First Bank Of Nigeria Limited; Renmoney Microfinance Bank Limited; Unity Bank Plc; First City Monument Bank Limited; Beststar Microfinance Bank (Nigeria) Limited; Globus Bank Limited; Carbon Microfinance Bank Limited; Jaiz Bank Plc; VFD Microfinance Bank Limited; Premium Trust Investment Limited; Pagatech Limited; Polaris Bank Plc; Keystone Bank Limited; Stanbic-IBTC Bank Plc; Stanbic-IBTC (Ease Wallet) 30. TAJ Bank Limited 31. Providus Bank Limited and Fidelity Bank Plc

    Others are: Union Bank of Nigeria Plc; kegow (Chamsmobile Limited); Ecobank Nigeria Ltd; Smartcash Payment Service Bank Limted; Amucha Microfinance Bank Limited; Sparkle Microfinance Bank Limited; Kredi Money Microfinance Bank Limited; Alternative Bank Ltd; Lotus Bank Limited; Gomoney Inc.; Paystack-titan (Paystack Payments Limited) and Momo Payment Settlement System.

  • Court orders bank to take over firm

    Court orders bank to take over firm

    Justice Deinde Isaac Dipeolu of the Federal High Court in Lagos has granted the request of Lotus Bank Limited to take over the properties — both movable and immovable — belonging to Unpacked Limited (now in receivership).

    The company is owned by Oluwafeyikemi Abudu and guaranteed by Oluwafemi Badewole.

    The judge issued the order allowing the bank to take possession of the company’s assets and monies held in various banks while granting an ex parte motion marked FHC/L/CS/2097/2025, filed and moved by the bank’s counsel, A. Adedoyin-Adetunji.

    The lawyer informed the court that it was brought pursuant to Section 6(6) of the 1999 Constitution (as amended), Sections 554 and 556(1–4) of the Companies and Allied Matters Act (CAMA) 2020, and under the court’s inherent jurisdiction.

    The motion sought several interim orders, including an injunction restraining a long list of financial institutions — among them Guaranty Trust Bank, Access Bank, First Bank, Zenith Bank, UBA, and others — from releasing or dealing with any funds or assets belonging to the defendants. The order covers all accounts linked to the BVNs 22300683147 (second defendant) and 22141834308 (third defendant) up to the amount of N32,691,920.86, being the alleged indebtedness arising from an Ijara Muntaluya bittamleek (lease-to-own) facility granted to the first defendant and guaranteed by the second and third defendants.

    The bank also sought an interim order empowering the second plaintiff — appointed pursuant to Clause 7(b) of the Deed of All Assets Debenture dated May 25, 2025, and the Deed of Appointment of Receiver dated October 6, 2025 — to perform his duties as receiver/manager pending the determination of the motion on notice.

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    Other reliefs included an order directing the receiver/manager to take necessary steps to realise the company’s fixed and floating assets, as stated in the Debenture Deed, and an order mandating the Inspector-General of Police and other law enforcement officers to assist in securing the company’s assets located at VPD Academy Building 4, Thorburn Avenue, Yaba, Lagos. The court also authorised bailiffs to force open any gates or doors obstructing access to the property.

    Additionally, the court granted leave for substituted service of the orders and all court processes by pasting them at the last known addresses of the second defendant at Number 5B Onilegbale Road, Ikoyi, and the third defendant at Number 1 Charles Ifeanyi Street, Off Adebayo Doherty, Lekki Phase 1, Lagos.

    The ex parte motion was supported by an affidavit deposed to by Patrick Mgbeoma, the receiver/manager and second plaintiff in the suit, alongside a written address and several documentary exhibits. The bank also undertook to pay damages if it is later found that the orders ought not to have been granted.

    After hearing counsel’s submission, Justice Dipeolu granted the orders as prayed and adjourned the matter to October 31, 2025, for the hearing of the substantive suit.

  • AGF Fagbemi, Supreme Court Justice, Falana, others seek more funding for criminal justice sector

    AGF Fagbemi, Supreme Court Justice, Falana, others seek more funding for criminal justice sector

    The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN); Justice Helen Ogunwumiju of the Supreme Court; and  rights activist, Femi Falana (SAN) have called for improved funding for criminal justice sector and continuous capacity building for its operators to ensure efficiency.

    Fagbemi, Ogunwumiju, Falana and others spoke in Abuja at a public lecture held to mark the 10th anniversary of the Administration of Criminal Justice Act (ACJA), signed into law by former President Goodluck Jonathan in 2015.

    The lecture, themed: “The Administration of Criminal Justice Act: The past, the present and the future,” was organised by the Centre for Socio-Legal Studies (CSLS), headed by Professor Yemi Akinseye-George (SAN).

    Fagbemi, who was represented by the Director, Administration of Criminal Justice Reform, Federal Ministry of Justice, Mrs. Leticia Ayoola-Daniels, said the future of criminal justice reform must be built on effective implementation of the relevant laws and not mere intentions.

     The AGF spoke about the many reforms and interventions undertaken by the Federal Ministry of Justice in the last few years, including the refurbishment of three courtrooms in Kirikiri Prison in Lagos, which he plans to hand over before the end of the year.

     The AGF stressed the need for continuous capacity building trainings for operators of the criminal justice system to increase its performance and ensure accountability.

    He said: “It is important that we promote non-custodial measures in sentencing. We need to leverage technology for speed, transparency and efficiency as this will help to decongest courts’ dockets.”

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    Justice Ogunwumiju, who was one of those instrumental to the birth of the ACJA, said although the ACJA is not perfect, it has positively impacted on the criminal prosecution system in the country.

    She encouraged criminal justice stakeholders to scale up their enforcement of the ACJA in view of its many innovative provisions.

     The Supreme Court Justice, who spoke about her experience as a magistrate, advised that trainings and capacity building efforts on the provisions of the ACJA should be directed at the magistracy level where majority of the criminal cases are handled.

     Justice Ogunwumiju also spoke about the need to involve the law enforcement agents, particularly the Investigating Police Officers (IPOs), who should be well tutored on what is required of them under the ACJA.

    She said it was important that magistrates are educated on issues like long detention, non-custodial sentencing, among others to enable them appreciate the implications of the orders they make.

     Falana, in his lecture, titled: “A decade of the ACJA: Charting the course for criminal justice reform in Nigeria,” argued that the criminal justice system, as it is currently constituted, discriminates against the poor.

    He noted that despite the transformative potential of the ACJA, persistent structural and institutional problems continue to hinder its full realization across Nigeria. 

    Falana, whose lecture was read by Chionye Obiagwu (SAN) argued that challenges still being experienced in the criminal justice sector expose deeper governance deficits and demonstrate how criminal justice reform is inseparable from issues of political accountability, public finance, and human rights enforcement.

     He identified some of such challenges to include poor justice sector funding, weak implementation of the ACJA provisions, inadequate human capacity, low application of technology, among others.

    Falana said: “Poor funding translates to inadequate courtrooms, absence of stenographic recording, delayed case files and congested dockets which frustrate ACJA timelines.

    “The next phase of ACJA reform must integrate human rights and social justice. Equality before the law will remain fiction if the poor cannot access justice.

     “Legal aid must be constitutionally guaranteed and funded. ACJA implementation should be aligned with Chapter Two rights on welfare, education and social justice,” he said.

    Prof. Akinseye-George, who is the President of the CSLS, while addressing the press after the event, identified some salient recommendations contained in the presentations by all the speakers.

    The Senior Advocate who stressed the need for judges and magistrates to minimise the use of imprisonment as the only tool deployed to punish crime, assured that the various recommendations would be collated for necessary actions.

    He appealed to the National Assembly to urgently pass the Administration of Criminal Justice Bill, which is meant to correct some lapses noted in the 2015 ACJA, noting that the Bill had been before the National Assembly since 2023.

    Among other speakers at the event were former Chairman of the Senate Committee on Justice, Senator Dahiru Umar; former Chairman of the House of Representatives Committee on Justice, Prof. Ali Ahmad; Justice Joseph Oyewole of the Court of Appeal and the Director, Legal and Prosecution at the Economic and Financial Crimes Commission (EFCC), Sylvanus Tahir (SAN).

  • UK court dismisses P&ID’s case on cost

    UK court dismisses P&ID’s case on cost

    The UK Supreme Court has unanimously ruled in favour of Nigeria in a long-standing legal dispute with Process & Industrial Developments Limited (P&ID) over £44 million in legal costs.

    The court’s decision, delivered on October 22 by Lord Reed (President), Lord Hodge (Deputy President), Lord Stephens, Lord Richards and Lady Simler, affirms that Nigeria is entitled to recover its legal costs in sterling (GBP) rather than naira (NGN).

    The dispute arose from a contract between P&ID and the Federal Republic of Nigeria for the construction of a gas processing facility in Nigeria.

    P&ID commenced arbitration proceedings against Nigeria, resulting in two awards totalling US$6.6 billion plus interest at seven per cent in 2015 and 2017.

    However, Nigeria successfully challenged the awards under section 68 of the Arbitration Act 1996, citing fraud and public policy violations.

    The UK Supreme Court held that an order for costs “is not intended to compensate for loss” but rather represents a statutory indemnity for expenses incurred in litigation.

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    Since Nigeria incurred liability and made payments in sterling, the court ruled that a costs order in sterling was appropriate.

    The court’s decision reaffirms the principle that costs are to be awarded in the currency in which the legal services were billed and paid, unless there are exceptional or abusive circumstances.

    This ruling marks another significant legal victory for Nigeria in the long-running dispute with P&ID, following the country’s landmark success in overturning the US$11 billion arbitration award in 2023.

    The decision also provides clarity on the currency in which costs should be awarded in international arbitration cases.

  • Osinbajo, experts: how to strengthen rule of law

    Osinbajo, experts: how to strengthen rule of law

    At the 19th AELEX Annual Lecture in Lagos, experts linked delayed justice, policy inconsistency, and institutional decay to low investor confidence. They agreed that true progress requires urgent reforms to restore trust and stability, reports UDEH ONYEBUCHI

    The rule of law must be strengthened to restore investor confidence in the economy, former Vice President Yemi Osinbajo and other legal experts, business executives, and policy experts have said.

    They warned that its erosion poses one of the gravest threats to the nation’s economic development.

    They made the call at the 19th AELEX Annual Lecture, with the theme: “The rule of law and economic development: The Nigerian experience.”

    Osinbajo joined an array of distinguished discussants who argued that the decline of legal institutions, inconsistency in policy, and the slow pace of justice are undermining the country’s economic potential.

    The event drew a packed audience of lawyers, business leaders, academics, and policymakers, all gathered to examine how Nigeria’s flailing legal system has become a chokehold on growth.

    Osinbajo: weak justice system scares off investors

    Osinbajo gave a sobering exposition on the practical links between justice and prosperity.

    Defining the rule of law as the principle that “laws are clear, predictable, and fairly applied,” he argued that economic growth cannot occur in a climate where government agencies, courts, or individuals act above the law.

    “The rule of law should give investors, businesses, and citizens the confidence that rules, not power or influence, decide outcomes.

    “When corruption and favouritism are curbed, resources flow to the most productive users, not just to the most influential or the most powerful,” he said.

    Osinbajo drew a stark picture of the dysfunction within Nigeria’s legal system, recounting data from the Justice Research Institute showing that a commercial case in Nigeria averages 13 years from filing to Supreme Court judgment.

    “These delays are disastrous for business. The English Court of Appeal referred to the delays in Nigerian courts as ‘catastrophic,’ estimating that some cases could take 20 to 30 years to conclude,” he said.

    He warned that such inefficiency raises transaction costs, discourages long-term investment, and drives capital flight.

    “Delays, corruption, and interference in arbitration are destroying investor confidence,” he added.

    He asserted: “Our problems are not of policy but of execution, weak institutions and weak will.These are human problems, and they are not insurmountable. It is us who must fix them, not spirits from somewhere.”

    When justice delays kill housing investment

    Recounting his time as Attorney-General of Lagos State in the early 2000s, Osinbajo described how slow court processes nearly destroyed the state’s housing sector.

    “Landlords lost confidence in the courts. Tenants would stop paying rent, knowing cases could drag on for years. So, people stopped investing in rental housing,” he said.

    The solution, he explained, was the creation of mediation centres that handled disputes faster.

    “Within one year, over 8,000 landlord-tenant cases were resolved, compared to fewer than 2,000 in magistrate courts. Restoring confidence in justice restored housing investment,” he said.

    Osinbajo proposed systemic reforms to digital case management, AI-assisted judgments, and strict sanctions for frivolous litigation to “make justice predictable, transparent, and swift.”

    The collapse of enforcement and criminal justice

    Beyond commercial law, Osinbajo described Nigeria’s criminal justice system as “a barometer of governance” that is now “dangerously broken.”

    Out of over 200 million Nigerians, he noted, only about 26,000 are convicted prisoners—compared to two million in the U.S.

    “It doesn’t mean that the society is better because we aren’t saints, but it means your laws and enforcement have broken down.

    “Your legal framework doesn’t exist.

    “We need to go back to basic principles that will allow us to think properly and discuss our problems,” he said.

    He warned that businesses now factor theft, police inefficiency, and weak enforcement into their operating costs.

    “When justice breaks down, the cost of doing business rises for everyone.”

    The former vice president also lamented inconsistency in judicial decisions, calling for the Supreme Court to “resolve the confusion” around federal and state jurisdictions.

    “When even lawyers cannot predict what the law says, that’s the antithesis of a rule of law environment,” he said.

    Pedro: rule of law is an economic asset

    Lagos State Attorney-General, Mr. Lawal Pedro (SAN), reaffirmed Lagos’s commitment to justice reforms as the foundation of Nigeria’s economic transformation.

    “The rule of law is not merely a lofty idea,” Pedro declared.

    “It guarantees productivity, protects property, enforces contracts, and ensures that both government and the governed are accountable to the same rules.”

    He cited Lagos’s steady institutional reforms, such as the establishment of a dedicated Commercial Division of the High Court, as proof that “reliable legal infrastructure” fuels investment and investor confidence.

    According to him, Lagos has become a preferred destination not because of its size, but because “investors know Lagos is governed by law, not by whims.”

    “Lagos remains a preferred destination for investors, not because of its size, but because of its reliability. Investors know that Lagos is governed by law, not by whims.

    “They know that contracts will be enforced, disputes will be resolved efficiently, and justice will be served without fear or favour.”

    However, Pedro cautioned against the growing culture of resistance to lawful governance, lamenting that citizens often “wait for coercion before obeying laws.” He urged voluntary compliance with taxes, land regulations, and environmental laws, warning that “where the law is uncertain, or inconsistently applied, growth stagnates, innovations devise, and trust erodes.”

    Experts call for judicial and institutional reforms

    In a panel of discussion moderated by the chairman of the national pension commission, Mr. Opeyemi Agbaje, dissected how weak institutions, inconsistent policies, and a failing judiciary have become major obstacles to Nigeria’s economic progress.

    Senior Partner at Babalakin & Co, Dr. Wale Babalakin (SAN), blamed the country’s economic stagnation on weak institutions and a judiciary that has lost its merit-based standards.

    He argued that Nigeria cannot achieve development without a judiciary led by the “most outstanding legal minds.”

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    “You can’t have a judiciary where judges are not the most outstanding lawyers. If your judges can’t follow arguments, no matter how brilliant you are, justice will fail,” he said.

    Babalakin criticised the politicisation of judicial appointments and lamented Nigeria’s deteriorating education system.

    “We’ve killed our primary and secondary schools. Without education, where do you get manpower for development?” he asked.

    He shared personal experiences of the government’s disregard for contracts, including revoked projects announced on television without due process.

    “One day, the president approved our project; three weeks later, it was revoked on TV. This is anarchy. No investor can plan under such uncertainty,” he said.

    Business leaders: lawlessness increases cost of doing business

    Director-General of the Lagos Chamber of Commerce and Industry, Dr. Chinyere Almona, said that regulatory capture, overlapping mandates, and politicised agencies were suffocating businesses.

    “What’s the point of making a contract if you can’t enforce it? Businesses face arbitrary levies, regulatory confusion, and policy reversals that make planning impossible,” she asked.

    She warned that unpredictable policy shifts were driving investors away and inflating the cost of doing business.

    “Sometimes we wake up to new regulations announced on television. That level of uncertainty kills investment,” she said.

    She called for transparent regulatory processes, proper impact assessments before policy changes, and coordination among agencies to “restore predictability to the business climate.”

    Rewane: no development without rule of law

    Economist and Financial Derivatives boss Mr. Bismarck Rewane offered a macroeconomic perspective, linking Nigeria’s stagnation to moral and institutional decay.

    “The opposite of the rule of law is the rule of the jungle,” he declared.

    “And the rule of the jungle guarantees anarchy.”

    Rewane distinguished between “growth” and “development,” noting that Nigeria often confuses infrastructure spending with true progress.

    “Development requires institutions and moral order. Investors won’t bring money into a jungle,” he said.

    He emphasised that the government should adopt a mixed model which will both drive investment and grow the economy.

    “Nigeria should adopt what they call a mixed model, both investment-driven and government-driven economic growth strategies, as long as investors, both domestic and international, believe in the rule of law, they will not invest”

    He urged that justice is the backbone of prosperity: “If justice is denied anywhere, injustice is guaranteed everywhere. Without it, you are stamping on investment and, by extension, stamping on growth.”

    Rule of Law: the bedrock of progress

    Senior Partner at AELEX, Theophilus Emuwa, explained that the lecture series, now in its 19th yea,r was designed to foster national dialogue on issues that shape the profession, business, and society.

    He recalled previous discussions on corruption, corporate governance, power, taxation, politics, democracy and ethnicity, but stressed that the rule of law remained the “unseen infrastructure on which every thriving society is built.”

    Emuwa said: “There are various thoughts on this point, but many believe that if you don’t pay attention to the rule of law, it discourages the growth of the business world.”

    His comments prefaced what would become a recurring theme throughout the event: that the law, when weak or inconsistently applied, drives away investment, breeds impunity, and deepens underdevelopment.

    Ecobank Managing Director, Mr. Bolaji Lawal, agreed that the partnership reflected the bank’s commitment to fostering conversations that drive reform and sustainable growth.

  • Dangers of mob regime, professional blackmailers

    Dangers of mob regime, professional blackmailers

    • By Kodilichukwu Okelekwe

    In recent times, Nigeria has witnessed a concerning trend where shadowy groups engage in acts of mob rule and professional blackmail, threatening the very fabric of governance and societal stability.

    This short piece delves into the potential dangers of succumbing to such a regime, particularly in the context of the baseless calls for the resignation of the hardworking Minister of Interior, Hon. Dr. Olubunmi Tunji-Ojo, over unfounded allegations of certificate forgery.

    As we examine this situation, it becomes evident that not only must we recognise the sterling achievements of the Minister since his assumption of office, but we must also understand the broader implications of allowing such destructive forces to operate unchecked in our nation.

    Hon. Dr. Olubunmi Tunji-Ojo has emerged as a beacon of hope and transformative leadership within the Nigerian government.

    Since taking office, he has showcased an unwavering commitment to public service, demonstrating an impressive track record of accomplishments that have positively impacted various sectors.

    His initiatives have not only enhanced the integrity and efficiency of the Ministry of Interior but have also fostered a sense of security and trust among the citizenry.

    By implementing reforms that streamline processes, promote transparency, and encourage community engagement, he has set a precedent for what effective governance should entail.

    However, the recent calls for his resignation, fueled by unfounded accusations, serve as a stark reminder of the perils posed by mob mentality and professional blackmailers.

    These shadowy groups, often operating in the dark, seek to undermine legitimate leadership through intimidation and misinformation.

    Such actions not only threaten individual leaders but also have far-reaching consequences for national security and social cohesion.

    The potential for these groups to gain traction is alarming, as they may sow discord among the populace, fostering an environment where fear and distrust overshadow constructive dialogue and progress.

    The act of targeting individuals like Hon. Dr. Tunji-Ojo, who are dedicated to public service, is a significant deviation from the principles of democracy and accountability.

    It represents a dangerous precedent where the integrity of leadership is compromised by baseless claims and the whims of faceless actors.

    Allowing these professional blackmailers to dictate the narrative could lead to a culture of fear within the government, where appointed or elected officials are more concerned about protecting their positions than serving the needs of the citizens.

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    This shift could stifle innovation, impede progress, and ultimately hinder Nigeria’s development trajectory.

    Moreover, the impact of a mob regime extends beyond the political sphere; it threatens the very essence of national identity and unity.

    When individuals are targeted and vilified without just cause, it fractures societal bonds and diminishes the collective spirit that is essential for national progress.

    Nigerians must recognise the importance of standing against such malign influences, advocating for a culture that values integrity, accountability, and constructive criticism rather than mob justice and unfounded allegations.

    Preventing the rise of mob rule and professional blackmailers demands a concerted effort from all stakeholders in the Nigerian society.

    It is imperative for citizens, civil society organisations, and government institutions to unite in promoting a culture of dialogue and respect for the rule of law.

    This involves holding individuals accountable for their actions while simultaneously protecting the rights of those who serve in leadership positions.

    The call for Hon. Dr. Tunji-Ojo to resign should be met with a collective outcry against the misuse of power by those who seek to undermine democracy for personal gain.

    In conclusion, the dangers of Nigeria succumbing to a mob regime and professional blackmailers are profound and far-reaching.

    The baseless calls for the resignation of Hon. Dr. Olubunmi Tunji-Ojo highlight the need for vigilance in protecting the integrity of our leaders and the progress they strive to achieve.

    As a nation, we must rally against these forces that threaten our stability and unity, ensuring that we uphold the principles of justice and accountability.

    It is time to reject the tactics of fear and intimidation, fostering an environment where leaders can continue their important work without distraction, ultimately paving the way for a brighter future for all Nigerians.

    • Dr. Okelekwe writes from Abuja
  • Owode Onirin traders demand justice over killing of six members

    Owode Onirin traders demand justice over killing of six members

    Human rights lawyer, Femi Falana (SAN), has vowed that there will be no out-of-court settlement in the ongoing dispute between the Owode Onirin Spare Parts Market and the Olowu family, insisting that justice must be served for the six traders allegedly killed by policemen brought in from Nasarawa State.

    Speaking after a court session, at the Justice Savage Court, Ikeja High Court Lagos, Falana condemned both the killing and the subsequent release of the officers involved, describing the incident as “a gross injustice that cannot be ignored.”

    “We were expected to report the settlement of this matter today. But in view of the unfortunate incident that happened in Owode Onirin, where three policemen killed six traders who were brought illegally from Nasarawa to Lagos State, we have decided to continue with the case,” he said.

    He explained that although the opposing party filed their papers only in the morning of the hearing leading to an adjournment of the case to November 12, other legal steps are being taken to ensure that the perpetrators are held accountable.

    “We have written a petition against the head of the police force to begin a full investigation into those who killed the traders and those who ordered the attack. No one is above the law. The officers involved must face justice,” he said

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    The lawyer also dismissed claims of any agreement or settlement with the opposing counsel, despite reports of a meeting with the Attorney- General.

    “We met, but there was no agreement. This land was allocated to the traders in 1979 by the Jakande administration. Without their knowledge, it was later transferred to the Kosofe Local Government. We are challenging that decision because these traders have occupied this land peacefully for over four decades,” he said.

    Falana urged the traders to remain calm and law-abiding as the legal process unfolds.

    “We have told the people that there is no settlement in this case. They should make peace with everyone and be patient. Justice will surely prevail,” he said.

    Chairman of the Owode Onirin Motor Spare Parts Market, Abiodun Ahmed, reaffirmed the traders’ determination to pursue justice and protect their rights.

    “What we are expecting on November 12 is to raise the issue of our people who were killed. We want to know who brought those policemen to our land and why they invaded our market. There was no protest, no violence, yet they came and killed innocent traders. We will not stop until justice is served,” he said.

  • How int’l investment lawyer is contributing to shifting world order

    How int’l investment lawyer is contributing to shifting world order

    • By John Ekah

    In a world increasingly shaped by geopolitical tensions, economic nationalism, and evolving trade regimes, international investment lawyers serve as both interpreters and architects of the global legal framework.

    Among these professionals, one legal scholar and practitioner has emerged as a voice expert whose deep academic insight and practical experience converge at the crossroads of law, policy, and global commerce.

    Holding a PhD in Law with a specialisation in international trade and investment, Dr Sijuola Atanda-Lawal has built a distinguished career advising multinational corporations and international organisations on cross-border investments and treaty-based dispute resolution.

    Her expertise spans bilateral investment treaties (BITs), free trade agreements (FTAs), and the increasingly complex interface between national regulatory measures and international economic law.

    Her work bridges the technical, theoretical, and transformative, most notably in global efforts to lead the development of more balanced and equitable investment treaties.

    What truly sets Dr Atanda-Lawal apart is not only her command of treaty law and arbitral practice, but also her ability to critically analyse the ideological and institutional shifts in global trade.

    Her published academic work, particularly the recent paper titled: “Free Trade and the Legal Architecture of the WTO in the Trump Era,” has attracted attention from both scholars and policymakers for its nuanced examination of the U.S.’s evolving posture toward multilateralism.

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    In this work, Dr Atanda-Lawal explores how the Trump administration’s trade policies, marked by tariff escalation, aggressive unilateralism, and scepticism toward the World Trade Organisation (WTO), challenged the legal foundations of the rules-based trading system.

    The paper not only analyses the jurisprudential consequences of U.S. actions, such as the paralysis of the WTO Appellate Body, but also raises urgent questions about the future viability of multilateral trade mechanisms in a climate of economic nationalism.

    With this contribution, Dr Atanda-Lawal has solidified her reputation. Her scholarship combines doctrinal precision with strategic foresight qualities that serve her clients well in an era where investment disputes increasingly intersect with political risk, environmental standards, and digital trade regulation.

    Dr Atanda-Lawal brings clarity and conviction to the complex terrain of international investment law.

    As global markets continue to be shaped by shifting alliances and regulatory realignments, professionals like Dr Atanda-Lawal will play a crucial role in interpreting the rules, managing risk, and shaping the legal frameworks that underpin tomorrow’s trade and investment landscape.

    • Ekah, a legal analyst, writes from Abuja
  • EFCC warns of rising dangers of cryptocurrency fraud

    EFCC warns of rising dangers of cryptocurrency fraud

    • Agency seeks media, CSO support

    The Economic and Financial Crimes Commission (EFCC) has raised fresh concerns over the growing dangers of cryptocurrency-related fraud in Nigeria.

    It warned that digital currencies are increasingly being exploited by criminal networks for large-scale scams, money laundering, and cybercrime.

    A cybersecurity expert at EFCC, Alex Ogbole, detailed the scale of the threat, citing global examples of devastating crypto scams.

    He spoke at a capacity-building workshop for CSOs and journalists in Lagos.

    Ogbole referenced the OneCoin Ponzi scheme, which allegedly cost investors over $25 billion, and U.S. data showing that crypto-linked romance scams caused losses of $139 million in 2021.

    He highlighted newer threats, including phishing attacks, AI-driven scams, and ransomware incidents targeting digital wallets and exchanges.

    He said the unregulated nature of digital assets, coupled with poor digital literacy, has made Nigeria particularly vulnerable.

    “Cryptocurrency’s speed, privacy, and decentralisation—its strengths—are also its biggest risks,” Ogbole warned. “Without proper education and collaboration, these same features will continue to empower fraudsters.”

    He called for stronger collaboration between regulators, law enforcement, technology firms, and the media to improve detection, digital literacy, and financial awareness.

    “Prevention and early detection remain cheaper and more effective than recovery after the fact,” Ogbole said.

    Acting Director of the EFCC Lagos Directorate I, Adebayo Adeniyi, who spoke on behalf of EFCC Chairman, Ola Olukoyede, said the initiative was part of the Commission’s ongoing commitment to strengthening collaboration with key stakeholders, particularly the media and civil society, in its collective fight against economic and financial crimes.

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    He added: “We recognise that the EFCC’s mandate is both engaging and arduous. I say this because the landscape of economic crime is ever-evolving, and your duty to report and interpret these developments requires diligence and integrity.

    “It is in recognition of these challenges that the Commission introduced a Specialised Workshop Series on Economic and Financial Crimes Reporting for journalists in 2022.

    “We have now expanded this initiative to include civil society organisations, further demonstrating our belief in an inclusive and collaborative anti-corruption framework.

    “Lagos remains Nigeria’s commercial capital and a fertile ground for various forms of economic and financial crimes, ranging from foreign exchange scams and business email compromise to investment and property fraud.

    “While our enforcement activities continue to target the perpetrators of these crimes, we are increasingly concerned about the vulnerability of citizens, many of whom fall victim due to a lack of information or the allure of quick wealth. This is where your roles become even more critical.

    “We must work together to intensify public sensitisation. Your platforms- print, broadcast, digital, and community-based- are essential in equipping Nigerians with the knowledge to make informed decisions and avoid falling prey to scammers.

    “The media and CSOs must remain at the forefront of promoting a culture of integrity and accountability.

    “Let me be clear: the fight against economic and financial crimes is not the sole responsibility of the EFCC or other anti-corruption agencies. It is a collective national duty.

    “We owe it to our country and, indeed, the global community to expose and confront corrupt practices wherever they exist.

    “The media must continue to hold public institutions accountable, while civil society must deepen civic engagement and promote transparency at all levels.”

    EFCC spokesman, Dele Oyewale, reiterated that trial delays cannot solely be attributed to the commission, as it cannot determine when cases are decided.

    He called for the collaboration of citizens, CSOs and the media in demanding an end to corruption and calling out lapses where they see them.