Category: Law

The National Drug Law Enforcement Agency (NDLEA) has recorded big seizures and arrests amid efforts to amend the agency’s enabling law. But what are the proposed amendments. Is the anti-narcotics law adequate? What more is needed to strengthen the drug war? NICHOLAS KALU sought the views of legal experts.

In what appeared to be the biggest singular cocaine seizure in the history of the country, operatives of the National Drug Law Enforcement Agency (NDLEA), on September 18, 2022, bust a major warehouse in a secluded estate in Ikorodu area of Lagos where 1.8tons (1,855 kilograms) of the illicit drug worth more than $278, 250,000 equivalent of about N194, 775,000,000 in street value were seized.

In the raid, at least four drug barons, including a Jamaican and the warehouse manager, were arrested in the well-coordinated and intelligence led operation that lasted two days across different locations in Lagos State, according to the agency’s spokesman, Femi Babafemi.

According to Babafemi, they were members of an international drug syndicate that the agency has been trailing since 2018.

So significant was this achievement in the renewed fight against illicit drugs in the country by the NDLEA under the leadership of Brig Gen Mohammed Buba Marwa (Retd) that President Muhamadu Buhari immediately responded in appreciation of the effort.

In a telephone call to the Chairman of the premier anti-narcotics agency from New York where he was attending the 77th session of the United Nations General Assembly (UNGA 77), President Buhari said that the news of the recovery gladdened his heart.

According to a statement by the President’s spokesman, Femi Adesina, the President said: “I deeply appreciate the work that you have put into the eradication of the drug menace. It gladdens my heart as I continue to follow the successes achieved under your leadership.

“You have demonstrated over and again that choosing you to lead this fight against wicked merchants of death whose sole aim is to endanger and truncate the future of our youth is a very good choice. Please keep up the good work.”

House of Representatives Speaker, Femi Gbajabiamila, acknowledging the efforts by the NDLEA, said it had significantly increased interdiction efforts across the country and at all ports of entry.

“These efforts have resulted in record-breaking seizures of banned substances at the ports and inner cities.

“I commend these efforts and urge the agency to continue doing this vital work.  We cannot afford to have our country overrun by the cancer of the drug trade and the devastation it brings.

“Therefore, all of us, both in our official and personal capacities, must become soldiers in the war on drugs.”

Gbajabiamia promised to continue to support the work of law enforcement to identify and apprehend the promoters of the illicit trade and block their trade routes.

The African Council on Narcotics (ACON) also commended Nigeria’s apex illicit drug interdiction body for its unrelenting efforts in the war against narcotics and psychotropic substances.

Its President, Rekpene Bassey, however raised several questions about how such a large quantity of drugs got into the country.

He called for thorough investigations to be conducted to unearth all relevant facts and possibly obtain other leads on the subject.

Chairman/Chief Executive of NDLEA, Brig. Gen. Mohamed Buba Marwa (Retd) said the bust was a historical blow to the drug cartels and a strong warning that they will all go down if they fail to realise that the game has changed.

 

A record of successes

This latest breakthrough is the one from a string of successes recorded by Brig.-Gen. Marwa since he assumed office in January, last year.

Since coming on board, it is safe to say a lot has changed about the anti-drug agency.

On his first day in office on January 18, last year, Marwa had made it clear it would no longer be business as usual for those involved in the illicit drug business.

The NDLEA boss had hit the ground running and after 17 months in the saddle it has become evident to all that the fight against drug abuse has come to stay.

Hardly a day goes by without the news that the agency has made a significant seizure of illicit substances or has made arrests of drug traffickers.

There is no special regard for the high and mighty as the agency pursues its mandate without fear or favour, not minding whose ox is gored.

An indication of this has been the arrest and ongoing prosecution of former Commander of the Intelligence Response Team, DCP Abba Kyari, and other senior police officers over his alleged involvement in a 25kg cocaine deal in February this year.

Marwa said Kyari’s arrest is a message of the agency’s commitment in the fight against drug abuse.

He said those given the responsibility to fight crime, which includes the matter of drugs, could not themselves be proponents of it.

Over 18,940 suspected drug traffickers, comprising 17,444 males and 1,496 females, including 12 barons, have been arrested from January 2021 to July, this year.

Also, the agency recorded 2,904 convictions as well as seizures of over 3.6 million kilograms of narcotics and other psychotropic substances.

NDLEA also said that it has seized no fewer than 286 assets and 600 accounts and has blocked over 600 accounts of drug offenders between January 2021 and August 2022.

 

Need to strengthen legislation

With the new spirit behind the drug war, many stakeholders have emphasised the need for strengthening the legislative framework to sustain the renewed vigour.

The Bill to amend the NDLEA Act was last heard of at its second reading stage in the Senate in February last year.

The amendments are aimed at checking light sentences for drug offenders. The amendment sought to provide more stringent punishments for offenders to serve as a deterrent.

Brig.-Gen Marwa, while defending the budget of the agency in the National Assembly in November, last year, called for the removal of the clause that allows the option of fine for drug offenders from the NDLEA Act, saying the move will strengthen war against illicit drugs.

The NDLEA boss had said on the issue of ridiculous options of fine given to some drug traffickers, he believed the removal of the clause, which allows judges to use discretionary powers to give options of fine, would go a long way in the fight against drugs.

Babafemi believes the National Assembly has been very supportive of the agency especially with the coming of Gen. Marwa in 2021, but he urged work be expedited on the Bill to ensure it passes in the lifetime of the present Assembly.

“They have been very supportive of the work of the agency and we communicate with them and are in touch and believe strongly that they would help to push this bill through, so it would not take us back.

“So all the efforts put in the bill, including by international stakeholders and partners, would not go down the drain because it would amount to a huge waste of resources, time, funds and energy.

“We do hope and believe that because we have been working as a team, we believe and urge them to help push the bill through during the lifespan of this session,” Babafemi said.

 

Proposed amendments

When the NDLEA Act Amendment Bill came up for second reading in the Senate in February 2021, its sponsor, Senator Dimka Hezekiah, raised concerns that in spite of the fact that the Supreme Court had held that the minimum penalty for those dealing in hard drugs was a term 15 years, some judges of the Federal High Court had continued to pass ridiculously light and illegal sentences on convicts.

Entitled: “A Bill for an Act to amend the National Drug Law Enforcement Agency Act CAP N 30 Laws of the Federation of Nigeria, 2004,” it was read for the first time on December 19, 2019.

Leading the debate on the Bill, Hezekiah said: “The National Drug Law Enforcement Agency Act Cap. N 30 Laws of the Federation of Nigeria, 2004 provides for stringent penalties for persons involved in the importation and exportation of hard drugs such as cocaine or heroin.

“These penalties range from life imprisonment to 15 years which is the minimum penalty.

“Rather than a term of imprisonment of 15 years, the maximum sentence passed on any convict was a term of three years for heroin. Some of these have been as low as 4 months imprisonment for 1.44 kg of cocaine.

“Worse still is the fact that when some of the Judges pass these light terms of imprisonment, the convicts are further given options of fines, which are not provided for under the NDLEA Act.”

Hezekiah added that the arbitrariness that was being perpetrated by the trial judges by not following the provisions of the Act could lead to corrupt practices and encouragement of the drug trade.

He said the proposed amendment would close any loopholes by having a clear, unambiguous and unequivocal provision that judges could not vary the sentences provided by the Act.

“There is equally a minor but significant error in the principal Act; the word ‘heroine’ instead of ‘heroin’. The two words mean different things and are not synonymous.

“An amendment is, therefore, being proposed to change the word ‘heroine’ which means a girl or woman who does something brave or good to ‘heroin’ which means a powerful illegal drug made from morphine which is intended in the Act.”

Other senators who had supported the Bill had said the problem was not necessarily the absence of laws and the absence of enforcement of laws, but the presence of some gaps in such laws.

“The loopholes we have in our laws provide avenues for criminals to evade the enforcement of our laws,” Senator Abba Moro had said.

Moro added that amending the NDLEA Act would make enforcement of drug laws easy and effective.

Senate President Ahmad Lawan had then referred the bill to the Senate Committee on Drugs and Narcotics and to report back within four weeks, but no further update has been heard in this direction.

Babafemi said in the face of the renewed war against drug abuse, the amendment of the existing law is a necessity and an urgent one for that matter.

He said: “There have been several efforts towards that. I know even the UNODC was actively involved in the processes of having workshops fuor members of the National Assembly to get their buy-in to some of those proposed amendments. That eventually culminated in a bill before the National Assembly.

“I am aware that the bill has gone through the second reading. That is the last thing we have heard about it. We are still expecting that something would be done urgently to push that through, especially during the lifetime of this assembly else it would be a major drawback.

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“As things are now, some of the weak links in the existent laws have to do with some of the new psychoactive substances that were not captured in the old or existent laws which needs to be captured so that there could be a proper enforcement of the law as far as those new are concerned.

“Because there have been quite a lot of innovations, let us put it that way, in the production of some of these substances. You see quite a lot of mixtures  which have been generally captured as new psychoactive substances (NPS).

“There is a need to put that in the law so it would strengthen the hand of the agency to enforce the law, the seizure, the arrest and prosecution of people caught trafficking or dealing or even producing those substances. That is one.

“Another issue has to do with the sentencing of offenders. It is a whole of lot of work where you gather intelligence, investigate and case, gather exhibits and evidence, compile a case file and charge a suspect to court and at the end of the day even pursue a very diligent persecution and at the end of the day, yes you would be told that the fellow is guilty as charged but that we have seen instances where in such cases the offender was given an option of fine of N2000,  N3000 or N5000. Of course we have to appeal such.

“So, the deterrence is not there. But when you have that removed, that would also make it difficult for judges to deviate from what is in the law.”

Babafemi said it would expedient for the amendment to include drug tests across board for students, workers, intending couples, political office seekers and other categories of persons.

Bassey said so far, there have not been any significant legislative changes in drug law enforcement administration in Nigeria since 1989 when the NDLEA Decree was promulgated.

He said considering the sociological consequences of illicit drugs in the society, there is need to continue to review the drug law for what works.

Bassey said: “No legislation can be sufficient either by itself or extant laws. The reason for this is simple. The essence of law is to achieve sufficient control or effective social order. Since the sociology of life is dynamic, the essence of law itself must continue to change in reflection of human dynamics.

“In the circumstances, it is only imperative that we continue to amend the Nigerian drug law to match the current challenges which are quite enormous.

“Needless to say, the current prevalence of illicit drug trafficking and abuse in Nigeria is of great concern.

“While some people may think that the Nigerian drug law is extremely draconian because it provides stiff penalties of between 15-25 years for all drug-related offences, diehard criminals do not see this as a deterrent.

“However, if you consider the sociological consequences of illicit drugs in our society, such prescribed punishment may well be just a slap on the wrist.

“It is in this light that the need to continue to review our drug law for what works, no matter how draconian, is strongly recommended; more so for effective deterrent measures against the production, distribution, and consumption of narcotics and psychotropic substances.

“What is more, the infraction in this regard must be dealt with as a strict liability offense. Those who think that capital punishment is too draconian for drug law offenses in our clime may need to take some lessons from countries like Indonesia, Saudi Arabia, and Malaysia, among others.”

 

Legal experts speak

A senior lawyer, Mazi Afam Osigwe (SAN), believes the country has sufficient laws but what is required is the will to enforce them.

He said: “If the new leadership in NDLEA now headed by retired Gen Marwa is giving results, then it shows only individuals running the outfit are focused and they have refused to be corrupted, not about absence of laws.

“We have sufficient laws to fight this war. But would the personnel be able to do it? Would they be able to to refuse the likelihood of being corrupted.

“I think if we are able to enforce the penalty provisions in the law, then we can get somewhere so that the large quantities coming into the country would be stopped. The law for now is good. It imposes life sentences in most cases.”

Another Senior Advocate of Nigeria and criminal law expert, Olalekan Ojo, identified how to strengthen the drug war.

He said: “What really matters is the way and manner in which these laws are being enforced.

“I must confess, the NDLEA under the able leadership of Gen Marwa has done impressively well, but they can still do better than they are doing at the moment.

“Two principal areas to focus in the war against drug barons and their accomplices are one, prevention, apprehension, prosecution, and conviction of those found guilty.

“All drug related offenses are in most cases motivated by lumps of money, so the proceeds of crime, money realised from involvement in drug related offenses, must be confiscated.

“We already have adequate laws in this regard. And recently the National Assembly passed the Proceeds of Crime Act 2022. The legislation is targeted at addressing proceeds of crime.

“So, the enforcement of the relevant provisions of the POCA Act 2022 as well as relevant provisions of the NDLEA Act might go a long way in ensuring that the war against drugs and drug related offences is effectively curbed.”

Ojo was of the view that there should be the provision to increase the period of imprisonment.

“As at today in most cases, when they plead guilty in court, you would be surprised that they are given two or three years’ imprisonment.

“The law should stipulate minimum sentence, even when one pleads guilty, should not be less than 10 years. Anything less than this is not enough to bar prospective criminals. The minimum penalty should be strong enough to constitute a deterrent,” he said.

Another senior lawyer, Theophilus Akanwa, said there should be more stringent punishments.

He also backed Marwa’s position on the option of scrapping fines for offenders.

“The NDLEA is doing very well under Marwa in the area of apprehension and prosecution.

“The majority of our problems in curtailing drugs and related offenses is not my promulgation of laws, except for the improvement of the sanctions so it would be a deterrent for those intending to go into that.

“Because one thing is that we have some laws that are so obsolete, that still talk about fees that are not worth being a deterrent to intending  offenders.

“So all we need to do is where, we have such an anomaly, where we are still operating under the old sanctions of fines, we need to improve on that by ensuring that it is indeed worth punishing or worth being the sanctions to ensure that people do not indulge in that.

“However, we need to ensure that offenders when they are being caught that the prosecution of such matters are done swiftly and when found guilty, the appropriate sanctions should be implemented no matter who is involved.

“We need to have adequate laws to guide and forestall drug abuse. The National Assembly should review the obsolete laws and bring them to terms with the reality of nowadays.

“We need the will to enforce existing laws and to amend any obsolete ones that would bring the culprits to the reality that when they offend this law, their fine or imprisonment is good enough to deter them and to keep them away from society for quite a long time.

“So, with the fear of such laws, the abuse of drugs would be deterred. I support the issue of the scrapping option of fine.

“For the drug dealer, if they don’t have an option of fine, you know the majority of them are barons, they really have money to pay for any kind of fine.

“If there are no options of fine and it is direct imprisonment for a very good number of years, it would work positively to shape society and discourage abuse of drugs,” he said.

Another senior lawyer, Wahab Shittu, said a proper enforcement of the laws should go a long way in the success of the fight against drug abuse.

He called for stricter laws that would ensure offenders are stripped of every proceeds of crime.

He lauded the efforts by Gen. Marwa, which he said was a demonstration of will, as it is no longer business as usual as far as the issue of drug abuse was concerned.

 

Lawyer and activist, Femi Falana, SAN, has urged the Federal Government to release the report of the forensic auditing of the Niger Delta Development Corporation (NDDC) to enable oil producing communities demand accountability from contractors that abandoned development projects in the area, despite being mobilised.

He made the request at the public presentation of a new report by the Socio-Economic Rights and Accountability Project (SERAP) entitled “We are all Vulnerable. How Lack of Transparency and Accountability is Fueling Human Rights Violations in the Niger Delta” held at Radisson Blu Hotel, Isaac John Street, GRA, Ikeja.

Falana also urged government to inaugurate the board of the Niger Delta Corporation, adding that, “it is illegal and unjust not to reconstitute the NDDC board. It makes room for illegality.

“All the contracts awarded either by a sole administrator or interim management are illegal and liable to be set aside because sole administrator is unknown to the NDDC Act.”

Falana added that the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, should advise President Muhammadu Buhari to urgently reconstitute the NDDC board of directors.”

The 82-page report presented to the media by Dr. Olubunmi Afinowi, Faculty of Law of the University of Lagos, noted that the communities in the Niger Delta remain the poorest in the country despite that the wealth of the nation is derived from the area.

Afinowi, while presenting the report, lamented that the region remains “deeply in the grips of squalor, poverty, and environmental degradation.

“Corruption contributes to poverty and consequential suffering of many people in the Niger Delta. The right of the people to a clean, safe and healthy environment is routinely violated and abused by the government and oil companies.”

According to the report, “extensive social, economic, and environmental degeneration has largely affected the lifestyles and wellbeing of the people of the Niger Delta and apparent continued disregard and abuse of the human rights of the people of the region.”

The report stated that while the oil and gas upstream operations span the entire Niger Delta region, the empirical study in this research focuses on the Delta, Bayelsa, and Rivers states.

It identified corruption as a major factor in the continued degradation in the region. There is a lack of an effective governance and feedback framework to foster interactions between regulators, companies, and communities adding, “this implies a lack of transparency and accountability from the companies and the government to the people.”

It blamed the development on the failure of relevant monitoring agencies to effectively carry out their duties and functions adding that this has led to a continued disregard for the rights of the people and the need to protect the environment.

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The report further stated: “The oil and gas companies receive minimal government monitoring in the conduct of their activities; more troubling is the prevalence of oil theft and illegal mining, and refining of crude oil.

“Such illegal activities make the region crime prone and increase the vulnerability of the inhabitants of the communities.

“The communities are continually exposed to food insecurity and health risks. Most of their communal lands, land and water resources have been lost or continually threatened by degradation and pollution.

“A lot of information about the oil and gas companies, their activities, environmental audits and other relevant information are not available to the public. Such information is often shrouded in secrecy, and where made available, is limited, unclear and provides little or no actual information.’’

“Marginalization of women, the aged, the youths and other vulnerable members of the communities, such as persons with disabilities is rife. This marginalization also has far-reaching implications for the protection of the socio-economic rights of the inhabitants of the communities.”

The report urged President Muhammadu Buhari to publicly recognize and re-affirm that every Nigerian citizen, including oil producing communities, is entitled to economic and social rights, and take steps to ensure constitutional recognition of these rights as legally enforceable human rights.

“President Muhammadu Buhari should immediately instruct the Ministry of Niger Delta Humanitarian Affairs and other government agencies overseeing the NDDC to immediately publish the forensic report on NDDC conducted in 2021.

“The leadership of the National Assembly should ensure that the relevant committees collaborate to initiate independent public enquiries and fact-finding on how public funds have been spent by MDAs to mitigate the socio-economic impact of environmental pollution in oil producing communities.”

The report urged the leadership of the National Assembly to also make public the findings of any such investigations by the relevant parliamentary committees on the use of public funds by MDAs to mitigate the socio-economic impact of environmental pollution in oil producing communities.

“The leadership of the National Assembly should make public all reports of previous investigations into allegations of corruption in relevant MDAs concerned with the management of issues relating to the impact of environmental pollution in oil producing communities and send such reports to anti-corruption agencies”, it added.

 

 

I never wanted to be a judge or SAN

rankly speaking, and this is known to everyone very close to me, I never wanted to become a judge or Senior Advocate of Nigeria. I just wanted to practise law because I have a passion for it. I had been invited to join the Bench even before my dear wife, Hon. Justice Oluwatoyin Taiwo, became a judge in 2004. I remember that my Lord, the former Chief Judge of Lagos State, Hon. Justice Oluwafunmilayo Atilade, asked me to apply sometime in 2003, before she became the Chief Judge. Prior to that time I had been approached to apply to the Ondo State Judiciary because my late mother was from Ondo City, Ondo State. I did not. My joining the Bench, I believe very sincerely was more spiritual than physical, but definitely not accidental, because as a believer and a Christian, the way I found my way to the Bench was actually ordained by God long before I was conceived. I had very deep connections and interactions with judges when I was growing up. One of them was Hon. Justice Olajompo Akinkugbe (of blessed and fond memories), who was married to my aunt the late Mrs. Mojisola Akinkugbe. Their house at Iyaganku Quarters in Ibadan, Oyo State, was frequently visited by me and my mother. The jurist who was at a time a judge of the Western Region Court of Appeal was a very stern man. If he smiled at you at all then he was extremely happy. You could hear a pin drop anytime he was at home because all of us, my mother and aunt alike, used to talk in hushed voices, if we had to talk at all. The other person I grew up to know first, as a lawyer and later a judge, first of the Lagos Judiciary on his appointment by the late Lateef Jakande, former Governor of Lagos State, then later elevated to the Court of Appeal of Nigeria was Hon. Justice Omotayo Moronkeji Onalaja also of blessed memory. It was Justice Onalaja that supervised my thesis as a student in the Faculty of Law, University of Ibadan, Oyo State. The title of my thesis was MILITARY TRIBUNALS AND THE DUE PROCESS OF LAW. This was in 1984 when we were under the military. In actual fact, I knew of the case of LEVERSIDGE V ANDERSON [1941] UKHL 1 at that time because, on proof-reading my draft, Justice Onalaja told me to read the case as my thesis would not be complete without citing the case.

 

How a vision convinced me to join the Bench

I had mentioned that I never wanted to become a judge, but how did I find myself on the Bench. Sometime in early January 2015, while I was the 2nd Vice President of the Nigerian Bar Association (NBA), I had a matter before my Lord Hon. Justice Rita Ofili-Ajumogobia sitting in one of the courtroom just by the car park at the Federal High Court, Lagos. She rose for a while and I decided to stand outside till she got back in. My Lord and my classmate at the law school, Hon. Justice Ibrahim Buba was walking by and saw me. He called me and asked me thus: “This man how you dey? Wetin you wan do? You no apply for silk and you no come join us for Bench”.

I told him I wanted nothing. He went further to tell me that the exercise of appointment to the Bench of the Federal High Court was ongoing if I was interested. I thanked him for the information which I was not aware of even as an officer of the NBA. I went further to tell him that I would inform my wife and pray about it. I told Toyin – that’s what I call my wife – she liked the idea because at that time I was travelling all over the country for the NBA on official duties and she was of the view that the frequency of my travelling would be reduced.

I then took it to God in prayers after reading a particular Psalm if I wanted a revelation. I went to bed. In the midnight, I saw a vision. I was at a function of the Federal High Court and I saw many faces of judges, particularly that of my Lords Ajumogobia and Ademola. When I entered, there was no seat but I saw a policeman sitting comfortably. I went to him, and asked him to vacate his seat. I actually commanded him to get up and that was it. I woke up from my sleep, tapped my wife and told her of what I saw in the dream. I then told her that I would give it a trial by applying to the Bench in this court.

At that time, too, God told me to limit my decision to very few people and that I should not even tell any pastor. Thus, I kept my decision from many of my friends, especially one person who is very close to me and was actually doing all he could for me to take the silk, Lanre Ogunlesi, SAN, and one other highly- revered person who is like a mother to me, Mrs. Hairat Ade-Balogun. They were shocked, like many people when words eventually got out that I had been shortlisted. When I decided to apply to the Bench, I stopped attending Federal High Court functions so as not to appear as if I was lobbying despite that my Lord the former Chief Judge of this court, Hon. Justice I. N. Auta, always invited me to the functions, and would actually ask of me if I was not in the crowd, especially after my stint as the Chairman of NBA, Lagos branch.

This was why I did not attend the valedictory session in honour of Hon. Justice Awokulehin. This is a confession. I cannot and must not fail to recognise the contribution of my Lord, Hon. Justice Amina Augie, Justice of the Supreme Court of Nigeria, who contacted judges of the Court of Appeal, all of whom knew me when she was the Presiding Judge of the Court of Appeal, Lagos Division. I recall that Hon. Justice Tijani Abubakar JCA (as he then was), now Justice of the Supreme Court of Nigeria, Hon. Justice Sidi Bage JCA (as he then was), later Justice of the Supreme Court of Nigeria but now the Emir of Lafia, Nasarawa State, after his voluntary retirement from the Apex Court, Hon Justice Shuaibu JCA, Hon Justice Adeniyi Ademola, Hon. Justice Opeyemi Oke, former Chief Judge of Lagos State Hon. Justice Kazeem Alogba, the current Chief Judge of Lagos State and Hon. Justice Ayodeji Balogun of the Lagos Judiciary were the few people I informed and they recommended me as a judge of the court.

 

Living with Fela’s mum

I grew up in a disciplined environment. I and my twin brother Kehinde Taiwo, an American, who is a retiree like me after working for the Washington D.C. government for many years, lived with Mrs. Funmilayo Ransome-Kuti (mother of Fela Anikulapo Kuti) in Abeokuta in our early years. My father,  the late Archdeacon J.B. Taiwo, was a disciplinarian and a single parent to me and my siblings.

My father would not allow any of us to sleep if we did not master a song from the hymn book every night while he played the organ. We all started fending for ourselves at a very young age. My late mother was very generous and kind. We were taught contentment from our early years. This explains why we did not hunger for money or worldly things. I won’t deny that my mother spoilt me a little…just a little. She gave me a car when I was in the university and had access to other cars on holidays, especially after I had an accident with the Peugeot 504 saloon car. Many of my friends rode in the car when we were at the University of Ife, now Obafemi Awolowo University. We sure had a good time growing up. I was a DJ in Ife in those days. Therefore, I made lots of friends. We all had money to spend. All we needed was 50 kobo for meals. 10 kobo for breakfast, 20 kobo for lunch and 20 kobo for dinner. Most times, our meals included well-cut chicken, fish and meat.

 

Lawyers instigating clients to write petitions against judges

I am bothered by many issues I noticed in my years in active legal practice and, most especially, in the few years I spent on the Bench. One of them is the spate at which lawyers instigate their clients to write petitions against judges. I must state that I am aware that in some instances there may be justification for it, but more often than not, the petitions are frivolous to the extent of being ridiculous. I am aware that some  lawyers engage in this practice when their case is bad, when they want to delay the matter or when they would rather prefer their case to be handled by another judge other than whom it was assigned.

How can you write a petition and ask that a case be transferred because a judge asked you to go and serve your court processes out of jurisdiction of the court in Nigeria when cases abound on service without leave? It happened to me. How can anyone write a petition against a judge for granting an ex parte application when you could file an application that the order be discharged? How can you write a petition alleging that the judge does not like you and he is always giving judgment against you, a conclusion that is not entirely right?

 

Problem of lawyers insulting judges

I am bothered by the arrogance of some members of the inner and outer Bar when conducting cases in court. Some have no respect anymore for the Bench. How can one explain a Senior Advocate of Nigeria asking me to come and handle the cross examination of a witness just because I informed him that the venue of the commission of a crime was better left for the address stage. But for the intervention of other gentlemen of the inner Bar present in court on that day, I would have committed him for contempt in facie curia.

I am of the view that respect begets respect and that as a lawyer you must respect the Bench. You can insult a judge in words if you so wish, but it does not portray you as a gentleman in line with the ethics of our noble profession. I am also bothered where some senior members of the Bar send juniors to appear in cases because they want an adjournment. I can go on and on. In all my years at the Bar, I never wrote any petition against a judge, even in one or two instances when I should. I would rather withdraw from the case which I did on one or two occasions or appeal any judgment or order. I’ve had to return files to my clients to engage another lawyer, when I knew I could no longer appear before a judge. Lawyers should desist from filing frivolous cases and applications, the end of which would delay the course of justice and erode the confidence of the public in the judicial process.

 

Way out of NBA election crises

I belong to the NBA by reason of my profession. I love the association for its role as the mouth piece of the down trodden. I want the best for the association, especially for it to evolve a democratic and transparent way in the election of its officers. I am of the firm view that election of the president of the NBA ought to transcend a situation where the next president is known before a new one is sworn in. I see danger ahead if the means of election of officers is not amended. I say this because I was informed that a particular person was going to take over even before President Olumide Akpata left office. I asked myself how is that possible, knowing that star gazing or clairvoyancy are not courses in law. I want to propose that on election day, all those interested in voting should go to their branches physically to vote electronically as being done by INEC. This will ensure transparency in the electoral process of the NBA.

 

Unfair criticism of judgments, judges

I was elated when at the valedictory session for my Lord, Hon. Justice Abdu Aboki JSC on the 15th of September, 2022, at the Supreme Court, the President of the NBA, Mr M.C. Maikyau SAN touched on lawyers criticising judgments of courts. Some even do so without reading the judgement of the court. Something needs to be done to curb this trend as it portends danger for our profession. I read with total unbelief when a head of an agency referred to a judgement I delivered in a case. The said head of the agency did not refer to me by name but he stated his paper thus: “a recently retired judge of the High Court…….”. Who else is the recently retired but me. Let me quote him for emphasis: “ICPC’s prosecution of this high ranking officer to recover all implicated assets was strangely and pervertedly frustrated by a recently retired High Court Judge who decided to forfeit some assets to the FGN and the rest left to the suspect…. While the commission has filed a notice of appeal, this strange development aggravates an already bad situation and escalates insecurity and impunity”. The said head of the agency failed to inform the audience and indeed the world that I granted an interim forfeiture order on certain properties and after publication certain persons approached the court with papers claiming ownership of some of the said properties. I am not  clairvoyant; I deal with affidavits filed before me. I released some properties to those I find in my estimation to have proved ownership and forfeited others lacking in proof to the FGN. I did not release any property to any suspect, there was no suspect before me. I am baffled why the head of the agency should indict my judgement when the matter is already on appeal. He ought to have allowed the court of appeal to decide the matter which is sub judice. I leave the people to judge, but I must state that the said high ranking military officer was not charged to court at all, at least not before me and if I am correct, not before any judge to date. I think its time the judicial arm must have an information department to set the records straight because as judges, we cannot go on air like any other individual to counter any item in the public domain. Judges need to be protected from negative and unsubstantiated allegations. We should be protected from being unduly slandered and scandalized.

 

Judges being hounded, blackmailed

I have kept to my oath of office in the discharge of my judicial functions. I am human, just like anyone else that can make mistake of the law. That is why we have above the high courts, the Court of Appeal and the Supreme Court. The greatest mistake a judge can make that is not good is that of conscience. I have performed my duties with my conscience as a banner. I have had to deal with issues as I see it in law and in law only. I must confess that twice I had considered leaving the bench before my statutory retirement. We are being hounded, blackmailed and intimidated in every way. We have even been placed on the list of PEP (Politically Exposed Persons) and I we have our bank accounts and private lives investigated for no reason other than, that someone do not like your judgment. Some people are happy I am leaving the bench. Can I stay forever when the law says I should retire at 65? I laughed when I was told that some people are happy. It only shows how myopic they are and foolish too. Even if I do not retire which is not possible, will not I not die one day? We shall all leave the institutions we serve one day. We shall all become history. Therefore, do your best, perform your functions without fear or favour. Do not perform out of envy of anyone or because you want to deal with anyone because you think you have power which is transient. Perform your task in line with the law. When you have to investigate, be thorough, when you want to prosecute, do so without being sentimental and without being vindictive. You cannot win all cases because we are all fallible.

 

Political parties should verify candidates’ certificates

The political class can assist the judiciary in the attainment of a just society and the entrenchment of our democracy and democratic institutions. A lot has been said about the poor salaries and allowance of judges. I will ask that the situation must be addressed as quickly as possible. The political parties can address the issues of fake, forged or falsified documents so as to free our courts from having to decide this matter. I barely proffer a simple solution out of experience. When I applied to the bench, I could lay my hands on the original certificates of all the educational institutions I attended. What did I do, I went to the University of Ibadan where all my certificates from primary school up to my first degree were retrieved and certified. I did the same at the law school where these documents were also retrieved and certified. I therefore see no reason why political parties, cannot on their own check educational information of their candidates.