Category: Law

  • Odinkalu, others fault discrimination against poor defendants by courts

    Odinkalu, others fault discrimination against poor defendants by courts

    Former Chairman of the Council of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu and other experts have decried the discriminatory treatment of indigent defendants by operators of the nation’s criminal justice system.

    They observed that poverty has been criminalized in the country, with the poor being placed at the receiving end of a corrupt justice system.

    Odinkalu, Professor Etannibi Alemika of the University of Jos, the Executive Director of the Rule of Law and Accountability Advocacy Centre (RULAAC), Okechukwu Nwanguma and others spoke in Abuja at a national conference on “the Criminal Justice System and the Criminalization of Poverty in Nigeria,” organised by RULAAC, with support from the Open Society Initiative for West Africa (OSIWA).

    Nwanguma said the conference was intended to develop workable recommendations for the reform of the criminal justice system to achieve a functional, effective, and speedy criminal justice system, with the capacity to deliver “equal justice and guarantees equal protection for all without discrimination on the grounds of place of origin, sex, religion, status, ethnic or linguistic association or ties.’

    Speakers were unanimous in noting that the nation’s criminal laws are often administered by the operators of the criminal justice system in a discriminatory manner that appears to target the poor and other marginalised groups who are subjected to arbitrary and unlawful arrests and prolonged detention.

    They added that existing criminal laws and institutions by themselves, also have disparate impacts on poor people, including the denial of basic guarantees of due process which ought to be enjoyed equally by all persons, rich and poor.

    Participants equally that the poor are more at the receiving end of the inefficient criminal justice system because they constitute the majority of those who end up in prison for being unable to pay bribes for bail at police stations.

    The poor, they added also constitute the majority of persons awaiting trial and who may never have the chance to appear in court again after the initial arraignment and may be forgotten in the system.

    At the end of the one-day conference, participants offered various suggestions on how to improve the system to reverse the current inevitable state of affairs.

    They urged the National Assembly to put in place legislation to address the issues affecting the administration of the criminal justice system and promulgate legislation to end poverty and improve access to education as a means of moving people out of poverty.

    Participants stressed the need to decriminalize petty crimes and offences while calling on the National Assembly to ensure measures to checkmate the criminalization of petty offences.

    They urged stakeholders in the criminal justice system to ensure the reform of the judicial system by retraining its officers to become more efficient and transparent to serve justice to the people.

     

  • Lawyers, others advocate decentralised policing system

    Lawyers, others advocate decentralised policing system

    Senior Advocates of Nigeria, including Professors Yemi Akinseye-George and Edoba Omoregie and other law experts, have called for the decentralisation of the nation’s policing system to address the worsening security challenge in the country.

    They spoke in Abuja at the “public consultation on policing decentralization in Nigeria,” organised by the Centre for Socio-Legal Studies (CSLS) with the support of the MacArthur Foundation.

    Prof. Akinseye-George, who is also CSLS President, noted that the nation’s economy and the system of administration of justice are facing the existential threat of insecurity because of the country’s inability to effectively police its boundary.

    He said the gathering was meant “to contribute our quota to the issue of insecurity, which is uppermost in the minds of most Nigerians.”

    Also at the event, the CSLS President handed a plaque to the Chairman of the National Drug Law Enforcement Agency (NDLEA), Brig.-Gen. Buba Marwa (represented by Mrs Josephine Obi) in recognition of his achievements so far in the fight against illicit drugs trade and consumption in the country.

    Akinseye-George noted that besides the evident inadequate

    capacity of the security agencies, the problem of insecurity was being aided by the growing army of the unemployed youth population.

    As a way out, he suggested the decentralisation of the policing system with the adoption of the community policing method as against the call for state police.

    He noted that service in the law enforcement agencies could provide gainful employment to a large number of young people, who are currently roaming the streets with little or nothing to do.

    According to Akinseye-George, there is also the need to provide greater incentives and facilities for the law enforcement personnel, who work under very difficult conditions.

    He argued that unless the country gets the issue of security right, nothing else will go right with the country.

    Omoregie, a Professor of Comparative Constitutional Law and Governance at the National Institute for Legislative and Democratic Studies (NILDS) National Assembly, Abuja, spoke in a similar vein.

    In his paper titled, “Legal and Policy Options in Decentralising Policing In Nigeria: Lessons From Best Practices,” Omorwgie however disagreed with Akinseye-George on the mode of policing system to be adopted in

    He said: “the substratum of my recommendations is that the police system in Nigeria should be decentralised by creating a multi-level structure to replace the present centralised police system in consonance with the subsidiarity principle.

    “The proposed decentralised police system should comprise three levels, namely: federal police, state police and local government police, each with clearly defined operational domains and independence, and with a requirement to cooperate and share security intelligence, among others.

    “Whatever fears that may exist in establishing a decentralised, multi-level police system can be allayed by instituting the principle of democratic policing in the internal management and organization of each level: federal, state and local government.”

    Other participants include Akinlolu Kehinde (SAN), the Attorneys General of Abia and Nasarawa states – Uche Ihediwa (SAN) and Dr. Abubakar Kana – and David Igbodo (a retired Assistant Inspector General of Police).

  • Gen Sec candidate pledges seamless stamp delivery process

    Gen Sec candidate pledges seamless stamp delivery process

    A candidate for the position of General Secretary in Saturday’s Nigerian Bar Association (NBA) general election, Mr. Desmond Yamah yesterday pledged to ensure a fast and seamless stamps delivery process if elected.

    Yamah’s rivals for the position are Adegbite Adesina, Asenoguan Osamuede and Ogiegbaen Callistus.

    The former Chairman, NBA Abuja and current Co-Chairman, NBA Secretariat Restructuring Committee explained in a statement seen by The Nation that under his tenure there would be no need for formal applications.

    He described the delays in the stamps delivery process as bottlenecks, noting that lawyers need not apply formally for stamps.

    Yamah said: “Lawyers after payment of Bar Practice Fees (BPF) need not apply formally for STAMPS as this causes administrative bottlenecks resulting in avoidable delays.

    “Stamps should be produced by the National Secretariat on the confirmation of payment of the BPF and released in batches through registered courier companies to the branches, who will in turn release to members on confirmation of the payment of Branch dues.

    “In this case, all lawyers will get their stamps on or before the 31st day of March of every year or a week thereafter for those who pay on 31st March of every year.

    “This will guarantee a seamless stamps delivery process.”

  • NBA election: I’ll focus on rule of law, continuous legal education, says Salihu

    NBA election: I’ll focus on rule of law, continuous legal education, says Salihu

    A candidate for the office of 1st Vice President in Saturday’s Nigerian Bar Association (NBA) general election, Liman Salihu, yesterday revealed the major projects he will focus on if elected.

    Salihu pledged to help promote the rule of law and assist lawyers to become globally competitive, especially concerning ICT.

    “As part of my visions for the office of 1st Vice President, if elected, I will assist the next President of the NBA to Promote the Rule of Law — which is the cardinal objective of the NBA.

    “I will also enhance capacity-building programmes together with continuous legal education for lawyers, particularly with emphasis on I.T and related global best practices in the legal profession,” Salihu said in a statement seen by The Nation.

    Over 60,000 lawyers are eligible to vote in the election.

  • NBA Presidency: Why we’re adopting Maikyau

    NBA Presidency: Why we’re adopting Maikyau

    The Nigerian Bar Association (NBA) Kaduna Branch yesterday threw its weight behind the candidacy of Yakubu Maikyau, SAN, to succeed Olumide Akpata as NBA President.

    The NBA national election will be held on Saturday with three candidates in the presidential race.

    They are Maikyau, Gadzama Joe-Kyari, SAN, and Taidi Jonathan, while the 1st Vice-President contestants are Bala Linda, Bawa Yakubu and Liman Salihu.

    Fifty-three candidates have been cleared tos contest and over 60,000 lawyers are eligible to vote.

    The branch, in a statement seen by The Nation, explained that it is its “age-long tradition” to adopt a candidate for the office of the President of the Bar.

    Chairman of the Branch, M T Mohammed, spoke on behalf of members.

    He said: “In accordance with the branch’s tradition, leaders of the branch consisting of all Senior Advocates of Nigeria, past Chairmen, past Secretaries, serving branch officers, current past YLF Coordinators, and very senior lawyers called between the year 1993 or before were invited to a stakeholder meeting to deliberate and come up with a sole candidate to be adopted by the branch as its preferred candidate to be supported by the branch among the candidates for the office of the President of NBA.

    “At the end of the exercise and after a thorough analysis of the relevant factors which have always guided us in reaching a conclusion in such situations, the meeting under the leadership of the Bar leader Yunus Usman SAN on the 4th July 2022 adopted Y. C. Maikyau, SAN as the branch’s preferred candidate for the office of President of the NBA.

    “We have been treated to robust campaigns on and outside this platform. We all have a fair knowledge of the candidates sufficient for us to come to a conclusion.

    “This decision was ratified at the Monthly Branch Meeting held on Friday, 8th July 2022 with an overwhelming majority.”

    The positions being contested for in the election, according to the Electoral Committee of the Nigerian Bar Association (ECNBA), include President, 1st Vice-President, 2nd Vice-President, 3rd Vice-President, General Secretary, Assistant General Secretary, Treasurer, Welfare Secretary, Publicity Secretary, Ass. Publicity Secretary and General Council of the Bar.

  • Wanted: audit law to fight debt crisis

    Wanted: audit law to fight debt crisis

    The Federal  Government has been urged to sponsor a bill for an audit law to fight the country’s debt crisis and revenue issues.

    The Director, Paradigm Leadership Support Initiative (PLSI), Segun Elemo, gave the advice while presenting a new report by Socio-Economic Rights and Accountability Project, SERAP, titled “Promoting Transparency and Accountability in Ministries, Departments and Agencies in Nigeria” at RaddisonBlu, Ikeja GRA, Lagos.

    Elemo insisted that if the audit law was assented to, it would aid the fight against corruption and accountability among public office holders.

    He urged President Muhammadu Buhari to  assent to the Audit Law submitted by the Senate on January 20, 2019, to stem the mismanagement of funds by Ministries, Departments and Agencies  (MDAs) in the country.

    Elemo lamented that infractions totalling N105,760,053919.43  were committed by MDAs of the Federal Government in 2018 fiscal year, according to the SERAP report.

    The fund represented money appropriated in the 2018 budget but which the MDAs failed to remit back to the Federal Government treasury.

    The report therefore charged anti-corruption agencies to urgently recover the N105.7b not accounted for in 2018 while urging the Fiscal Responsibility Commission (FRC) to also ensure that revenue accruing to the Federal Government is remitted by government agencies to appropriate authorities.

    Elemo said the report of the Auditor-General for the period showed many weaknesses and lapses in the management of public funds by the MDAs.

    He said infractions showed that failure in remittance of revenue was responsible for N54.6b, irregularities in payments and expenditure N18.3b,  irregularities in contract award, execution and payments N23.4b,  store items not taken on store charge N8.3b, unretired advances N35m and circumvention of procurement procedures N371m.

    Elemo said 79 agencies had a budget of N2.1 trillion, the total funds released to the agencies was N831 billion but N617 billion was unaccounted for.

    “If you don’t enact an Audit Law, you will not empower the office of the auditor-general and the issue of the Accountant- General submitting the year-end financial statement will continue.”

    There is no delegation of responsibility. So, everybody is just taking advantage of the gap in the system. It takes nothing from the Federal Government to enact the law.

    “If the audit law is passed, it will assist in the fight against corruption, and it will also promote transparency and accountability among public office holders.”

    “This law will provide for the timely publication of audit reports as international best practices allow for audit reports to be published at most 18 months after the end of the financial year.”

    In reviewing SERAP’s findings on the 2018 audit reportElemo identified six cross-cutting issues in the audit report such as unmerited advances, store items not taken on store charge, and circumvention of the procurement procedure.

    Others, he said, are irregularities in payment and expenditure which include unauthorised foreign trips, failure in remittance of revenue and irregularities in contract award, execution and payment.

    He posited: “Of all the six crossing issues, failure in remittance of revenue took about N54 billion. What that means is that MDA’s were generating revenue, and they did not remit to the federation account.

    In his address at the occasion, chairman, Public Account Committee of the House of Representatives, Oluwole Oke urged civil societies to take MDAs and public officers to accountable to funds at their disposal.

    Oke said his committee has opened a fiscal porter through which operations of the MDAs are reviewed to determine whether funds budgeted are spent on approved project and projects.

    Oke also advocated for the creation of sanctions for erring public office holders.

    Director General, Bureau of Public Service Reforms. Dr Dasuki Ibrahim said it was because government was concerned about how public funds was being utilised to led to a lot of initiatives put in place to ensure accountability and transparency.

    He said the records of government is open to public scrutiny except in situation where it involves security of the country.

    In the publication, SERAP recommended that the federal government immediately impose stringent measures, including withholding financial releases and sanctioning the Chief Executive Officer of MDAS implicated in cases of corruption within their ministries, departments and agenda.

     

    It also urged the government to establish an independent commission of inquiry with subpoena power to conduct a transparent, comprehensive, and impartial investigation into systemic corruption within the MDAs.

     

  • Wanted: framework for SMEs’ access to capital market

    How to enhance access to the capital market by small and medium-sized enterprises was the focus of the 2022 Annual Business Luncheon of the Capital Market Solicitors Association (CMSA), reports Deputy News Editor JOSEPH JIBUEZE.

    There is good news for small and medium-sized enterprises: they can now access the capital market – where savings and investments are channelled between people or institutions with capital to lend or invest, and those in need.

    But not many small businesses know about the existing opportunities, such as the Nigerian Stock Exchange (NGX) Growth Board.

    There is, therefore, the need for enlightenment and simplified access for more SMEs to acces the Exchange.

    The lack of awareness, as well as regulatory restrictions, have resulted in thriving startups getting funding from foreign sources, but with the consequence of capital flight.

    The Capital Market Solicitors Association (CMSA) – an independent association of solicitors and commercial law firms engaged in capital market practice – is leading the advocacy for more local funding access by SMEs through the capital market.

    The opportunities are huge, as highlighted by the keynote speaker, Chief Executive Officer of the Nigerian Exchange Limited, Temi Popoola, at the 2022 CMSA annual business luncheon.

    Its theme was: “Capital market, startup financing and syndicate funding: ability of small and medium-sized enterprises to access the capital market.”

    It featured an interview session with the Head, Business Development of FMDG Exchange, Jumoke Olaniyan, anchored by the CEO of Big Cabal Media, Tomiwa Aladekomo.

    There was also a panel session featuring the Managing Director of United Capital, Dr. Gbadebo Adenrele, Chief Executive of Stanbic IBTC Capital Funso Akere, Managing Partner of Oui Capital Olu Oyinsan and a partner at Templars, Zelda Akindele.

    Popoola, who commended CMSA for its dedication to improving the capital market legal framework, underscored the significant role of SMEs in a thriving economy.

    “SMEs are often regarded as the backbone of a country’s economic development, and their role in the economy cannot be overemphasised,” he said.

    Referring to a World Bank report, he said SMEs represented about 90 per cent of businesses and more than 50 per cent of employment worldwide.

    “In emerging economies, formal SMEs contribute as much as 40 per cent of national income (GDP) and generate seven out of 10 jobs,” he said.

    But SMEs, he noted, are faced with the challenges of an unfriendly business environment, poor funding, low managerial skills, lack of access to modern technology, and low access to finance, which occupies a central position.

    Despite the challenges, Popoola said the tech segment wa s thriving.

    According to him, investors’ appetite in the local fintech sector was visible in 2021, with US$800 million raised.

    Nigeria, he said, remains one of the leading markets in terms of total funding, with a record high of US$747 million in tech investment in 2019.

    Despite various initiatives, such as by the Central Bank, Popoola said long-term solutions are required to address the SME financing gap.

    He said policymakers and donors have increasingly emphasised the importance of expanding SMEs’ financial access to non-bank sources of funding, including public equity financing, adding that stock exchanges are setting up market segments with the intention of expanding SMEs’ financial access.

    “Many of these boards encourage listings by having different entry standards than the main board, streamlining the listing process and reducing the associated costs,” Popoola said.

    One of such is the NGX Growth Board, a dedicated platform for fast-growing companies.

    Popoola added: “In line with the Exchange’s commitment to deepening the Nigerian capital market and its support for startups and Small and Medium Enterprises, NGX launched the Growth Board as a platform dedicated to encouraging small-cap and growth-oriented companies to leverage the capital market to raise long-term capital, stimulate growth, and promote liquidity.

    “The NGX Growth Board targets fast-growth companies such as SMEs operating in various sectors including technology companies and connects them with an extensive pool of investors.

    “Through the Board, companies in the early stages of development can take advantage of NGX’s platform, diverse products and services to reach their long-term goals.”

    He said the board is designed to offer relaxed entry criteria as well as less stringent listing requirements and allows for greater accessibility to capital flows, global visibility and credibility through corporate disclosures.

    “Given the importance of SMEs to Nigeria’s economy, there is a need for stakeholders to pay close attention to their access to finance and their prospects more broadly by leveraging on emerging trends such as technology to provide an innovative solution,” Popoola added.

    Akindele noted that as investors always look for track records, which SMEs lack, it is challenging for them to access the capital market.

    Thanks to the Growth Board of the Exchange and other initiatives, she said SMEs and smaller companies can now have access to funding.

    “But awareness is low. Many SMEs are one-man driven and some don’t understand they can access the capital market.

    “When they think of the capital market, they’re thinking of bonds, commercial papers, IPOs. They don’t understand there’s an avenue through which they can access the market. Awareness is part of what we need,” she said.

    She believes capital flight will drop if more small businesses get local funding.

    “When startups with strong economic projections get their initial investment funding from offshore sources, that’s where the profits would go.

    “Until local investors start to create access to their capital for local entities, we’re going to see profit flights,” Akindele said.

    CMSA chairman, Chike Obianwu, reiterated the potential of creating platforms to bring capital together in one place to enable small businesses to access it without going through the same hurdles that big businesses do.

    “There is a need for small businesses to raise money through the capital market. Technology may be an enabler. You need to be able to talk about crowdfunding, syndicate funding and those sorts,” he said.

    A partner at Duale, Ovia and Alex-Adedipe and chairman of the luncheon, Mr Adeleke Alex-Adedipe, emphasised that SMEs were important contributors to employment, economic and export growth.

    He said the luncheon was an opportunity for capital market players to spearhead the conversation on unlocking the barriers that prevent small businesses from accessing the range of financial solutions available in the capital market.

    “These solutions will enable them to raise the long-term funds required to spur growth and development of the sector, and in turn, ignite Nigeria’s socio-economic development,” Alex-Adedipe said.

  • RPC regulates lawyer’s conduct, not law firm, court rules

    The National Industrial Court of Nigeria, Port Harcourt Division has held that the Rules of Professional Conduct for Legal Practitioners in Nigeria (RPC) 2007, regulates individual lawyer’s conduct, not the law firm.

    Justice Nelson Ogbuanya held that by virtue of the combined effect of Sections 2(1) and 24 of the Legal Practitioners Act, a law firm not being a legal practitioner, cannot come within the purview of the RPC for the purposes of regulating lawyer’s conduct in legal practice.

    The judge gave the ruling on June 15, 2022 in Suit NICN /PHC/120/2021, (Mr. Wilson Udo Essien v. Unitech Drilling Company Ltd).

    He handed down the decision while delivering ruling on Preliminary Objection filed by Wilcox Abereton SAN.

    Abereton was challenging appearance of lawyers from the Zenith Law Firm, on the ground that the firm’s lawyers could not be allowed to appear in court to represent the firm whereas the two partners in the firm, (Christopher and Bassey), were salaried directors of the Defendant Company sued by its erstwhile Managing Director.

    He anchored his objection on Rule 8 of the RPC, which restricts appearance of lawyers in salaried employment and company directors on behalf of their employer/company.

    Abereton argued that even if the affected partners do not physically appear as counsel in court or sign the court processes, the entire lawyers are affected as the law firm has been tainted by breach of the rules by the partners of the law firm who have been confirmed to be salaried directors of the Defendant Company.

    He further submitted that since the Directors are the same persons running the law firm, “whatever taints them by the RPC applies to their law firm, including whoever they would appoint to represent them in court for the company where they are paid Directors”.

    Opposing him, Defence counsel G.Agi, Esq, contended that the provisions of Rule 8 of the RPC was not breached, as long as the said partners of the law firm, who were salaried directors of the Defendant company, neither franked the court processes filed in court nor appeared physically in court for the Defendant company.

    And as such, the lawyers who filed the defence processes and appeared in court from the law firm should not be prevented from carrying out their legal practice in the law firm.

    In his ruling, Justice Ogbuanya, while agreeing that both partners of the law firm could not appear in court or frank court processes, rather held that the act of the law firm’s partners being salaried directors would not prevent the other lawyers in their law firm from plying their trade and representing the Defendant company in court.

    Dismissing the objection, the court held that: “Although individual legal practitioners can aggregate as a law firm, yet they are imbued with individual responsibility under the RPC, which is never collective within the legal regime of law practice in Nigeria. I so hold.

     

  • Shittu, Yusuf, Oyedepo, others shortlisted for SAN rank

    Frontline prosecutors of the Economic and Financial Crimes Commission (EFCC) Wahab Shittu, Rotimi Oyedepo and Chief Fassy Yusuf are among the 129 lawyers nominated for the award of Senior Advocated of Nigeria (SAN) by the Legal Practitioners’ Privileges Committee (LPPC).

    This was contained in a notice signed by the Chief Registrar of the Supreme Court/Secretary of the LPPC, Hajo Sarki Bello.

    A total of 73 lawyers were nominated in the advocates category while 56 were in academic category.

    The notice said the applicants were graded on the basis of an LPPC integrity system, under paragraph 12 (2) and 20 of the LPPC guidelines 2018.

    The LPPC asked the public to vet the qualifications of the candidates, and send their comments and complaints not later than 4pm on July 18.

     

  • Shittu, Yusuf, Oyedepo, others shortlisted for SAN rank

    Shittu, Yusuf, Oyedepo, others shortlisted for SAN rank

    Frontline prosecutors of the Economic and Financial Crimes Commission (EFCC) Wahab Shittu, Rotimi Oyedepo and Chief Fassy Yusuf are among the 129 lawyers nominated for the award of Senior Advocated of Nigeria (SAN) by the Legal Practitioners’ Privileges Committee (LPPC).

    This was contained in a notice signed by the Chief Registrar of the Supreme Court/Secretary of the LPPC, Hajo Sarki Bello.

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    A total of 73 lawyers were nominated in the advocates category while 56 were in academic category.

    The notice said the applicants were graded on the basis of an LPPC integrity system, under paragraph 12 (2) and 20 of the LPPC guidelines 2018.

    The LPPC asked the public to vet the qualifications of the candidates, and send their comments and complaints not later than 4pm on July 18.