Category: Law

The Executive Director of Prisoner’s Rehabilitation and Welfare Action (PRAWA), Dr. Uju Agomoh, has stressed the need to reintegrate former inmates of custodial centres of the Nigeria Correctional Services (NCS).

She argued that societies and families that fail to reintegrate ex-offenders into their folds would further force them to the world to embrace hard criminal networks “and that will be worse for the country.”

Dr. Agomoh spoke at a two-day workshop on: Inmates’ Behavioural and Cognitive Modification Programmes, organised by the Prison Fellowship of Nigeria (PFN) for Nigeria Correction Service (NCS) officers from Zone A and held in Ikeja, Lagos.

The theme was: “Remedial Programmes Symbiotic Reinforcement.”

Dr Agomoh addressed the topic: “Nigerian Correctional Service Act 2019 and Faith-Based Correctional Programmes”.

She cautioned against stigmatisation of persons who have served their terms and fully reformed if they must settle back in the society peacefully adding that the process of reintegrating back into the society must stand on three tripods viz “The victim, the family and the community.”

Agomoh said: “The family has got to accept this person. If the family doesn’t accept this person, he would rather run to friends who might be drug users. If society will begin to stigmatise the person both when they are in custody and when they are outside custody, we as a society will be worse for it again and, as I said, we need to engage with the offender in such a way to reduce a repeat of the offending behaviour.

“That provision that talks about this in the constitution is something that we need to revisit.

It is not just about what we put in the law, it is about how we implement it.

“How do we take steps and ensure that everyone who comes out of the custodial facility is supported and not stigmatised against? Is supported to begin to live a law-abiding life because if you don’t, nothing does not exist in a vacuum, they would go the other way.”

She urged stakeholders to join hands to make “this important thing work, to make it possible.”

Agomoh said: Every agency that is involved in socialisation, including the faith agencies needs to be very careful about what we do because we play a critical role. Some of the things we do can actually promote stigmatisation or de-emphasise stigmatisation.

“We can decide to throw away the bath water with the baby or we can decide to just throw away the bath water, pick the baby and clean it up. That cleaning up is not what one agency can do alone or what one individual can do alone,  it must be a cooperative or collaborative effort for us to get it right.

“I think it is only when we begin to do this that our justice system will begin to have a human face, and it does need to have a human face and that does not negate the focus and interest of the support mechanism that needs to happen for the offender not because you like the offender but because you want to reduce the offender’s chances of re-offending.”

To ensure a successful reintegration of former inmates of the custodial centres, Dr. Agomoh urged the Controller-General of the NCS to commence issuance of “Certificate of Good Behaviour” to those who have successfully gone through the three Rs- Rehabilitation, Reformation and Reintegration, in accordance with the provisions of Section 14 of the Nigeria Correctional Act 2019.

According to her Section 10 of the Act enhance the behavioural acts of inmates towards their reintegration to the society;

“it also talks about empowering the inmates so that when they go back to the society, they already have something doing and to take their minds away from crime,” she added.

In his address, PFN’s Executive Director Benson Iwuagwu said the country has a duty to ensure that the correctional system is more responsive than it is presently.

Iwuagwu lamented the common characteristic involving high rate of recidivism, describing it as “a common denominator of a system that has either failed or it’s not effective.”

He said this is what led the organisation to come up with programmes that are remedial to the inmate’s behaviour.

He, therefore, urged the NCS to begin to explore and exploit the opportunities that are bound in civil society and faith-based organisations, stressing that they are not mere prison visitors.

“Look at what they are offering. And in our particular case, we are offering specifically targeted objective programmes that address some of those behavioural attitudes that are disposed to crime and criminality.

“Because crime and criminality are covert reasons or factors and if these are not objectively and intentionally addressed, it becomes an administrative situation,” Iwuagwu said.

The Controller-General, Nigeria Correctional Services (NCS), Haliru Nababa, ìn his remarks at the event admonished participants to pay great attention to the content of the remaining programme.

Nababa, who was represented by Assistant Controller-General, Training and Staff Development, Lawal Gusau, further harped on the importance of training for human capital.

He said: “Training is an important aspect of staff development without which an organisation cannot progress.

“You will need the content of this course for your progress ìn the service and the development of the organisation.”

In his remarks, Assistant Controller-General of Prisons, Uche Nwobi, in charge of Zone A, made up of Lagos and Ogun states, said the issue of restorative justice is designed to help the system.

Speaking of how inmates are treated, he said: “In the system, we don’t discriminate against anybody, we prepare them for the outside world. We give them equal treatment to help them with what will happen after imprisonment. “

The Lagos State Domestic and Sexual Violence Agency (DSVA) and the Office of Education Quality Assurance (OEQA)  have commenced implementation of the state’s safeguarding and child protection programme in schools.

To  this end, a one-day sensitisation programme was held at Adeyemi Bero Auditorium, Alausa to educate principals, heads of schools and school administrators on the policy.

The programme is to be implemented in all education districts, thereby reiterating Governor Babajide Sanwo-Olu administration’s commitment to ensure the safety and protection of the state’s children.

The programme was facilitated by child protection experts including the Director-General , Office of Education Quality Assurance, Mrs. Abiola Seriki-Ayeni, an activist Taiwo Akinlami and Mrs. Modupeola Saheed Adebmabo.

In her welcome address, DSVA Executive Secretary, Mrs. Titilola Vivour Adeniyi underscored the fact that whilst most child abuse incidents occur within families and communities, children also experience abuse and exploitation in organisations that provide them with support and services.

According to her, research has shown that physical, emotional abuse and neglect in child-focused organisations and institutions are less systematic and usually unplanned, as they stem from poor conditions, bad work practices and negligent management.

She stressed that it is now mandatory for all child-centred institutions to adopt and ensure full implementation of a Safeguarding and Child Protection policy.

Mrs. Seriki- Ayeni, in her paper, highlighted the need for schools to recognise the role they play in ensuring  the wellbeing and safety of children, especially as children spend a significant time of their days in school.

Mrs Seriki-Ayeni urged participants to take advantage of  the free online course “Introduction of Safeguarding and Child Protection Policy”.

She stated that more than 10,000 educators had successfully completed courses under the programme while encouraging those who haven’t taken the course to do so.

Mrs. Adebambo provided an overview of the executive order on Safeguarding and Child Protection programme, emphasising critical measures schools should take in ensuring the safety of their students.

Some of the measures, she said, include safer recruitment procedures, adopting a safeguarding policy, having a designated safeguarding officer and establishing reporting, recording and feedback mechanisms.

Mr. Taiwo Akinlami on his part, gave an insight into what child rights entail, societal and cultural perceptions of children as well as norms and beliefs that encourage child abuse.

The issue of corporal punishment was also discussed, even as participants were reminded of the State Government’s No-Caning policy.

A total of 400 primary and secondary schools, drawn from both public and private schools in Education District 6 were in attendance as participants were given the relevant tools required in ensuring they are able to effectively establish and implement Safeguarding and Child Protection Policy in their institutions.

How will laws, policies and international regulations shape energy transition in Africa as the transformation of the global energy sector from fossil fuels to zero-carbon gathers steam? Oil and gas law experts met in Abuja for two days at a conference organised by the Lawyers in Energy Network to discuss the future of the African energy market amid a shift towards renewable energy. Deputy News Editor JOSEPH JIBUEZE reports.

Africa’s energy transition prospects look bright, but the regulatory framework must be retooled to serve the continent’s energy needs, experts have said.

With global focus shifting from fossil fuels, such as petroleum and natural gas, to zero-carbon energy in a bid to attain sustainable development and climate resilience, it is believed a blessed Africa can thrive in the transition.

According to Mr. Huub Stokman, CEO of OVH Energy Marketing, Africa is projected to have the fastest urban growth rate in the world, and by 2050, 56 per cent of its population will be urban.

The last two decades, he added, have seen the number of people living in cities increase by 90 per cent, a trend expected to continue over the next two decades

“Growing urban populations mean rapid growth in energy demand for industrial production, cooling and mobility,” he said.

And with 770 million Africans having no access to energy – the highest number in the world ‑ Skokman believes the continent’s energy opportunities remain huge.

He was one of the experts who spoke at a two-day conference in Abuja. It was organised by a non-governmental organisation, the Lawyers in Energy Network.

Its theme was: African future markets in energy transition: laws, policies and international regulations. 

Highlighting Africa’s renewable energy potential, Skotman said the continent’s vast natural resources meant that low-cost energy technologies have plenty of potentials.

Africa, he said, has the richest solar resources in the world but has less than one per cent of the global installed capacity.

He pointed out that Africa is home to many of the minerals essential to the energy industry. For instance, he said DR Congo accounts for about 75 per cent of global cobalt production.

“The continent is also home to platinum (cars and fuel cells), chromium (wind turbines) and manganese (batteries) which are key minerals powering the global energy transitions,” he said.

Calling for a clear plan for moving away from fossil fuels, he noted that although carbon dioxide emissions in Africa represented about four per cent of total global emissions, the continent was on the climate change frontline.

“African ecosystems have been disrupted and the future impact is expected to be substantial.

“All African countries signed up to the Paris Agreement (an international treaty on climate change, adopted in 2015).

“A clear plan to switch from fossil fuels to greener energy sources is critical to contributing to the global effort to mitigate greenhouse emissions and ultimately protect the continent,” he said.

Skotman believes that Africa’s energy potential, especially renewable energy, is enormous, yet only a fraction of it is being employed.

“The institutional, regulatory, legal, tariff structure and frameworks for renewable energy are largely nonexistent or weakly implemented,” he noted.

 

Omorogbe: plan for renewable energy

A professor of energy law and former Edo State Attorney-General, Yinka Omorogbe (SAN), blamed Nigeria’s energy poverty on a lack of planning.

She emphasised the need for planning, especially for renewable energy.

Omorogbe said: “Energy poverty is as a result of either poor energy planning, or energy planning that does not put the common man as the main beneficiary of the plan or policy.

“That is why the grids of Africa are in the capitals and not the rural areas. Countries with 100 per cent access planned for it. It did not just happen.

“Planning in this time and season must incorporate renewable energy. There is no alternative.”

Omorogbe, who is the President of the Nigerian Association of Energy Economics, called for business models that grow modern energy access while the country aims for carbon neutrality or even reduced national emissions.

She was of the view that an energy transition does not mean the end of the petroleum industry.

“It means finding alternatives that align with protecting the planet,” she said.

Omorogbe added: “Now is the time to come up with an innovative business solution to stimulate energy access. Different circumstances and terrains will require different models.

“The right legal and regulatory environment is key and this must be driven by a policy that includes all – no one left behind.”

Head, Directorate of Legal Services at the Nigerian Content Development and Monitoring Board, Naboth Onyesoh, said energy transition was real as “there is no dispute about the science of climate change”.

Noting that African contribution to global warming is too negligible, he said the countries “must not be stampeded to abandon oil and gas”.

“The big polluters should carry the can,” he said, emphasising that energy availability and local content were crucial to Africa’s security and economic survival.

On the way forward, he said: “Regulatory framework must be applied to enable businesses.

“Regulations must be certain, transparent, uniform and predictable. A clear source of funding backed by law is required.

“Africa must collaborate on finance and infrastructure to optimise its energy resource.”

 

‘Harness untapped energy’

A law teacher, Dr Pereowei Subai, noted that if Africa is to transit immediately, it will mean less dependence on fossil fuels to fund its major economies.

However, he said there is a need for investment in innovative technologies for carbon capture, storage and use in an environmentally-friendly manner.

“There is a need for Africa to harness its potential for renewable energy, align its renewable targets to energy and climate plans, integrate its regional market structures, develop innovative power sector transformation plans and develop policy frameworks for just and inclusive transitions,” Subai said.

He called for investment in transmission and distribution infrastructure and urged governments to make their policy and regulatory frameworks more conducive to private sector investment.

 

The place of AfCFTA

A Senior Advocate of Nigeria (SAN), Adedolapo Akinrele, said the continent can capitalise on the African Continental Free Trade Area (AfCFTA) agreement to improve its energy transition.

He noted that an undoubted beneficiary of AfCFTA will be the energy sector, including traditional oil and gas operators in the upstream, midstream and downstream sectors.

“Oil and gas and mineral resources account for more than 75 per cent of the continent’s exports and with the high growth potential in oil and gas, it will have a role to play in the short and mid-term,” he said.

According to Akinrele, by consolidating small, poor, and fragmented African countries into one strong market, the agreement can change the dynamics in terms of access to funding, human capital, and technology for the green energy sector.

Whether AfCFTA will strengthen the continent’s energy transition, he said, will depend on the ability to utilise the existing regional economic communities, monetary unions and free trade areas as building blocks for it.

Guaranteeing the security of investments, transparent adjudication of disputes without delays and secure and truly frictionless infrastructure on land and sea for the delivery of renewables will determine AfCFTA’s role, he added.

Head of Research and Development/Projects at Starzs Investments Company Limited, Sofieye Uzor, said as the world races to meet the Sustainable Development Goals (SDGs) 2030, Africa can use regional trade integration to strengthen the energy sector and existing power pools and improve utilisation of the region’s abundant renewable energy resources to meet the vast demand.

He thinks AfCFTA’s role in stimulating the integration of Africa’s energy systems could create a single liberalised regional energy market.

“An integrated energy market can act as a catalyst to strengthen financial systems to support energy development projects, fund new technologies to reduce production costs, increase capacity, and maximise energy generation, which in turn can improve access to diverse energy products.

“Once investment increases, more capital becomes available for governments to allocate more,” Uzor said.

 

Wanted: legal, regulatory overhaul

An energy law expert and partner at George Etomi & Partners, Ivie Ehanmo, identified what must be done to close the energy access and transition gap.

They include deploying all available resources strategically, such as natural gas; legal and regulatory overhaul for investment promotion, shifting domestic public finance away from fossil fuel subsidies towards clean energy access, ambitious policies and programmes and institutional capacity building.

Others, she said, are skills development, reskilling and employment creation in the context of a ‘just transition’, research and gender mainstreaming, grid connection, expansion and integration programmes and decentralised solutions (renewable energy) with tailored consumer finance business models.

Ehanmo added that a solid policy framework needs to be established by policymakers that can influence the cost-competitiveness of renewable energy.

Removing subsidies for fossil fuels, she said, will allow for tariff increases closer to the true cost of power with the aim being to achieve grid parity in the long run.

“There is, therefore, a need for well-designed long-term legislation and enabling framework for the deployment of renewable energy technologies to guarantee investment security,” Ehanmo said.

 

Challenges ahead

Managing Partner at Detail Commercial Solicitors, Dolapo Kukoyi, decried poor regulatory framework and institutional arrangements for alternative energy (including renewables) in Africa.

He was of the view that the situation has stifled the ease of doing business and investments in alternative energy generation in Africa and must be improved.

 

Resolving disputes

A professor of law, Gbolahan Elias (SAN), said effective dispute resolution will be critical in the energy transition process.

He said: “The question is not whether the world needs to move on to green energy (this is beyond question). The question is more centred around when? How? Uniform or in phases?

“Africa desperately argues that it cannot transition at the same pace as the developed world.

“There is no doubt that a lot of investment and financing will be required to make the transition.

“However, investors and DFIs (development finance institutions) seek assurances that disputes arising from their investment can be resolved quickly and returns guaranteed.

“For the energy sector to thrive, disputes must be settled as quickly as possible and in the best interest of all parties involved.

“This makes ADR (alternative dispute resolution) imperative.”

 

‘Change won’t happen overnight’ 

Justice O. Derefaka, Technical Adviser to Nigeria’s Minister of State for Petroleum Resources, believes the world’s need for oil and gas for heat, food and shelter “will not change overnight”.

African governments and leaders, he said, should continue to invest in oil and gas while working to help speed up progress to a lower-carbon future.

“Multiple pathways to the energy transition should and must exist to ensure that no country is left behind in the process of achieving net-zero by 2050/2060.

“Fueling economic growth and powering our lives, hydrocarbons will continue to provide the foundation of world energy supply for at least the rest of this century.

“As a continent, we need to recognise the need to develop hydrocarbon resources in environmentally and socially responsible ways.

“The ability to manage CO2 is, therefore, a priority for the future development and growth of Africa’s oil and gas industry. We should aim to have a reputation for responsible CO2 management.

“As Africans, our commitment to developing a robust alternative energy business should complement our efforts to meet evolving societal needs.

“The climate change challenge cannot be met by a singular nation or by the energy industry alone.

“A public-private partnership and a strong policy framework are needed,” Derefaka said.

 

Legal and other experts have brainstormed on law enforcement’s role in safeguarding the electoral process. It was at a three-day workshop, organised by the Attorney General Alliance Africa (AGA-Africa) in collaboration with the Police. ROBERT EGBE reports

How can Nigeria safeguard its electoral process? Law enforcement and other experts provided some practical insights on the matter at a three-day workshop held from March 29 to March 31 at Abuja and Lagos.

The event, with the theme: The Role of Law Enforcement in Safeguarding the Integrity of the Electoral Process, was organised by the Attorney General Alliance Africa (AGA-Africa) in collaboration with the Police.

According to the organisers, AGA-Africa is a non-partisan organisation that, among others, seeks to foster relationships with Law Enforcement Agencies in Africa and the United States to combat transnational crimes.

Speakers at the event from countries including Nigeria, the United States and Ghana were Inspector-General of Police (IGP) Usman Alkali Baba; Deputy Inspector-General of Police, Training, Danmallam Mohammed; Commissioner of Police, Training, Abduyari Lafia; Board Member, AGA-Africa Markus Green; and Deputy Secretary of State, Colorado Secretary of State’s Office Denver, Colorado, Christopher Beall.

Others included Director, National Elections Security Task Force, Ghanaian Police, Florence Owusu; General Counsel, Attorney-General Alliance, David Blake; Executive Director, Steady Hope Support Initiative, Ehiz Odigie-Okpataku; Senior Partner, PUNUKA Attorneys & Solicitors, Anthony Idigbe, SAN; and Executive Director, Electoral College Nigeria, Kunle Lawal.

Elections: Case for ideas exchange in law enforcement

In his opening remarks, Idigbe, who is AGA-Africa Country Coordinator for Nigeria, noted that compromised or disputed election processes have led to protests and security lapses in Nigeria thus creating a need to exchange ideas on how best to prepare and deploy law enforcement tools to check similar incidents in the future.

He expressed hope that the workshop would enhance competencies in managing issues that may arise and safeguard the electoral process as well as protect life and property during the upcoming elections in 2023.

Idigbe said: “Mechanisms for promoting and maintaining integrity in every aspect of the electoral process play a critical role in every society.

“Effective law enforcement in response to electoral violations not only helps to maintain the integrity of the electoral process but also deters future problems.

“We all know of some of the recent happenings in Nigeria a few months ago, that led to some earlier collaborations that we had on managing civil disturbances.

“There is a need for sharing and exchanging knowledge to enhance competencies in managing issues that may arise regarding the electoral process as well as protecting lives and property during the 2023 elections.”

IGP Baba was represented by Commissioner of Police (CP) Abdul Yari Lafia, who noted, among others, that for democracy to survive, there have to be credible and transparent elections.

He highlighted the Police’s mandate to uphold the electoral law and ensure that the electorate participate in the electioneering process without harassment.

Lafia added: “To ensure credible elections, you must prepare those who are supposed to supervise the election and enforce some of these laws, and that is why we deemed it fit to have this training for our officers and men. That’s what we are trying to achieve.”

What the Police need

What do the police and other law enforcement agencies need to secure elections? Some of the participants, especially officers, shared practical ideas.

It was observed that Nigeria is grossly under policed and equipped with a personnel strength of well below the United Nations recommended minimum of one police officer for every 450 citizens.

They noted that this means that the police are often spread too thinly across polling areas in the country during elections making it difficult for them to enforce the law and protect the integrity of the election process.

They also observed that during elections, policemen are, usually out of operational necessity, concentrated in cities. The few policemen in rural areas could then be easily outnumbered by persons with hostile intentions, forcing a policeman at a polling area to compromise for his safety.

They urged the authorities to address the issue.

It was also noted that a critical part of law enforcement welfare – feeding on election day – is often overlooked. They stated that policemen leave their homes before daylight on election day duty, usually on an empty stomach. But they are unable to buy food because businesses, including restaurants, are, by law, prevented from operating until after the elections, meaning the police would either have to go hungry all day or be forced to accept food from interested parties during elections, which could be misinterpreted by the public as a compromise.

They urged the authorities to provide dry rations for law enforcement agencies on election day.

Another speaker, Kunle Lawal, proposed some schemes to help the police excel.

They included specialised training on electoral values, electoral laws and crisis management, ensuring non-partisanship and non-bias within the Police, adequate provision of welfare and massive recruitment of Police officers.

Lawal further canvassed job creation to take youths’ minds off electoral offences as well as collaboration between the police and the citizenry.

 

 

 

 

 

 

 

 

 

 

What does AGA Africa do?

Established in 2016, AGA-Africa seeks to establish and foster robust relationships with justice and law enforcement agencies and officials throughout Africa to support the rule of law and combat transnational criminal activity.

It collaborates with African Ministries of Justice, Attorneys-General, Solicitors-General, and Public Prosecution agencies to share knowledge and experience in the fight against crimes like human trafficking, corruption, money laundering, cyber-crime and other cross border criminal activity.

AGA-Africa programmes focus on such initiatives as reinforcing court systems with greater efficiency and transparency; running training programs that promote a consistent application of Rule of Law disciplines, such as oral advocacy; and promoting collaboration among attorneys general from partner countries.

It is currently working with justice departments, and law enforcement bodies such as the Office of the Attorney-General, Departments of Public Prosecution, the Police, academic bodies and other organisations in nine African countries – Ghana, Kenya, Malawi, Nigeria, Rwanda, Seychelles, South Africa, Uganda and Zambia.

 

A businessman, Mr. Tunde Folawiyo, has filed an ex-parte motion before a Federal High Court in Lagos seeking an order of stay of execution of ex-parte orders made against him in satisfaction of a judgment-debt.

Justice Lewis Allagoa made orders against Mr. Folawiyo in a suit filed by the Asset Management Corporation of Nigeria (AMCON) over Folawiyo’s alleged unpaid debt of N727.9 million in relation to a company directorship at Compagnie Generale de Logistique.

Folawiyo, in a suit numbered FHC/L/CS/799/2020, is seeking an order of stay of execution of the ex-parte orders made against him on March 24, 2022 pending the hearing and determination of his Motion on Notice seeking to set aside the orders.

He is praying for the following relief: An order restraining the AMCON either by itself, agents, privies, servants or through any person(s) from taking any steps howsoever to enforce the ex-parte orders made against the applicant by the court on March 24, 2022 pending the hearing and determination of the applicant’s Motion on Notice seeking to set aside the ex-parte orders.

The ex-parte orders were predicated on the judgment of Justice Ibrahim Buba in Suit No: FHC/L/CS/207/2017, AMCON v Compagnie Generale De Logistique & others in 2017 (“Previous Suit”) in favour of AMCON in the sum of N522,464,978.66 against the defendants.

The applicant said he was not a party to the previous suit and was not served with the judgment on it.

AMCON claimed the applicant is a director in Compagnie Generale De Logistique, which took a loan from Spring Bank and which judgment was principally obtained in the previous suit.

Contrary to the representations made by the plaintiff, the applicant said he was not a Director of Compagnie Generale De Logistique at the time of the previous suit and was not in any way connected to the loan transaction with Spring Bank.

The applicant said he is, therefore, not a “debtor” within the contemplation of Section of 61 of the AMCON Act as to warrant the interim forfeiture of his assets and freezing of his bank accounts on account of the judgment obtained in the 2017 suit.

He argued that a combined reading of Sections 49(2),50(2) and 61 of the AMCON Act would reveal that only current directors of a company fall within the definition of a “debtor” as to warrant the freezing of their assets or accounts.

Mr Folawiyo told the court that AMCON failed to disclose and suppress material facts about the status of the applicant in Compagnie Generale De Logistique, the principal judgment-debtor in the previous suit.

He added: “The ex-parte orders were obtained malafide against the applicant and constitute an abuse of court process.

“The applicant has filed a Motion on Notice praying for the setting aside of the said ex-parte orders.

“The applicant’s pending set aside motion raises serious issues on why the ex-parte orders ought not to have been granted.

“It is in the interest of justice to grant this application pending the hearing and determination of the applicant’s motion to set aside the ex-parte orders.”

Mr. Folawiyo argued that the originating summons filed by AMCON is incompetent as it had expired at the time of the grant of the ex-parte orders.

He expressed concern about the impact the orders would have on his employees as well as the reputation of the three-generational family business he has worked hard to maintain and grow over the years.

Tunde Folawiyo is the son and heir to the late Nigerian Businessman and philanthropist, Wahab Iyanda Folawiyo.

Alhaji Wahab, whose father, Tijani, was a wealthy local merchant in the colonial era, was known for building orphanages and funding several local sports championships.

In expanding his late father’s legacy, Mr Tunde Folawiyo attended the London School of Economics to broaden his business perspective and investment choices in addition to being a barrister of the Court of England and Wales as well as Nigeria.

In 2016, Folawiyo and his firm announced its first production of crude oil from the Aje Field, the first producing field outside of the Niger Delta area in Nigeria.

Reports say the multi-million dollar investment was aimed at reducing oil production pressure from the Niger Delta region.

He is currently the Chairman of Yinka Folawiyo Group, established by his father in 1957.

 

Twenty lawyers have been inaugurated into the Socio-Economic Rights and Accountability Project (SERAP) Volunteer Lawyers’ Network.

The initiative was inaugurated by SERAP in Lagos.

The group’s Deputy Director, Kolawole Oluwadare, said the lawyers had committed themselves as members of the network from across the country’s geo-political zones.

Oluwadare said the members committed themselves to partnering with SERAP in its cause of enforcing socio-economic rights and in making public officers accountable to constitutional provisions.

He said the Network would work as lawyers to file public interest litigations if the need arises and formulate legal issues using their skills and expertise for good governance.

According to him, the initiative is targeted at expanding the scope of SERAP’s work, and to get the important part of citizens, members of the Bar, the lawyers to also join and advocate for good governance.

He noted that lack of adherence to legal frameworks is one of the country’s problems, even as he stressed that corruption is hindering socio-economic rights.

“It is not that we don’t have laws, lawyers as part of the citizenry are needed to amplify them,”Oluwadare  said.

Expressing optimism, he underscored the roles of strategic litigations, citizens engagement, research and advocacy in its works.

He said: “Our plan is to enforce those rights in our laws and draw attention to these rights. SERAP Volunteer Lawyers’ Network is a team of legal practitioners to drive the aims of strategic litigations, to have that spread across Nigeria, and must be non-partisans.

“In your respective jurisdiction, we may have to call on you. We aim to interact with you on your legal knowledge and skills to drive the cause or issues.”

SERAP’s Legal Adviser, Kehinde Oyewunmi, advised the lawyers to advance the group’s cause and not for personal interest but for public good.

“We expect  members to have it in mind that they are non-partisan in their work and they would monitor activities around human rights”, he said.

Deputy Vice Chancellor, Academic, Research, Innovation and Strategic Partnerships (ARISP) of Afe Babalola University, Ado Ekiti, Prof. Damilola  Olawuyi (SAN), has urged stakeholders in public and private sectors to address barriers that hinder active youth engagement and representation in governance, leadership, and entrepreneurship development.

Olawuiyi, who is also co-chairman of the Legal Education Committee of the Nigerian Bar Association (NBA), stated this at the 1st Young Lawyers’ Forum organised by the NBA Ikere Branch in his honour.

The keynote lecture was delivered by Dr. Doyin Awoyale.

The event themed:The Search for Sustainable Economic Development in Nigeria and the Role of the Young Lawyer, was to recognise Olawuyi’s trailblasing achievements as the youngest Senior Advocate of Nigeria, and his contributions to youth empowerment, mentoring and legal education in Nigeria and beyond.

Moderated by a mix of current and past leaders of the NBA, the event featured insightful presentations from senior lawyers, including the Chairman on the occasion and Attorney-General and Commissioner for Justice of Ekiti State, Olawale Fapohunda SAN; Executive Secretary, Ekiti State Mortgage Board, Oludayo Olorunfemi; the Chairman of the NBA Ikere Branch, Kikelomo Owolabi, and other panel discussants including Ayokunle Ogunleye, Michael Olaniyan, Adefolaju Ayobioloja, Dr. Ifeoluwa Olubiyi and a host of others.

Olawuyi said: “Nigeria’s greatest asset is its vibrant young population. If adequately mentored and supported, Nigeria’s young population can unlock an era of technology-driven economic rebirth, social transformation, and sustainable development in key sectors.

“We must, therefore, join hands to urgently address barriers that hinder active youth engagement and participation in governance, leadership, and entrepreneurship development at all levels’’.

While highlighting the important roles of young lawyers in building vibrant and healthy communities, Olawuyi urged young lawyers to leverage their legal training to become society’s voice and conscience.

He also encouraged all NBA branches to identify priority areas of the United Nations Sustainable Development Goals (SDGs) and design tailored programmes and seed funding that can accelerate the SDGs, especially in areas of youth entrepreneurship and empowerment, technology access, poverty eradication, gender justice and green growth amongst others.

Mr Fapohunda  commended Olawuyi,  for his enormous and tireless contributions to the development of law and the society.

He also emphasised the important roles that economic empowerment of young lawyers can play in enhancing the development of Ekiti and the country.

 

He urged the NBA to continue to prioritize the professional development and welfare of its young members.

 

Abiodun Olatunji (SAN) is a partner at Abdullahi Ibrahim & Co. In this interview with ADEBISI ONANUGA, he examines the judgment of the Federal High Court that ordered the removal of Governor David Umahi of Ebonyi State from office and the implication of cross-carpeting for elected public office holders.

A Federal High Court, Abuja ordered Governor David Umahi and 16 lawmakers of Ebonyi State to vacate their offices after defecting from Peoples Democratic Party(PDP) to All Progressives Congress(APC). What lesson(s) can, especially politicians, learn from this judgment?

The judgment of the Federal High Court delivered in the action instituted by the Peoples Democratic Party (PDP) against Engineer David Nweze Umahi (Governor of Ebonyi State), his deputy, Dr. Eric Kelechi Igwe, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) is currently being tested at the Court of Appeal and whatever the decision of the Court of Appeal would be, a further appeal to the Supreme Court for a final determination of the issues raised in the action will certainly be made by any of the parties to the action.  The same goes for the judgment of the Federal High Court in a separate action filed by the Peoples Democratic Party against 16 members of the Ebonyi State House of Assembly who defected alongside the Governor and his Deputy from the PDP to the APC. So, it is imperative that we wait to see how the pendulum will swing at the appellate courts. Suffice to say at this point that the decision of the Federal High Court was like a bolt from the blues.

Is it right to remove an elected office holder on grounds of defection?

Nobody saw it coming. This is so because no governor has been removed from office by judicial order on the ground of defection since the return of democratic rule in 1999. This was so notwithstanding the fact that there had been several defections by governors from the party that sponsored their election to the opposition party. The fact that no governor had been sanctioned by way of removal from office for defecting from the party on the platform of which he got to power to another party had emboldened many governors to defect or threaten defection at the slightest provocation or even where there was absolutely no reason to justify such defection or threat of defection. When the Governor of Ebonyi defected to the APC what reason did he give? He said he was defecting to the ruling APC because the PDP which sponsored his election has not guaranteed that its presidential ticket for the 2023 elections will be given to a candidate from the Southeast.  That has nothing to do with good governance, it has nothing to do with the provision of dividends of democracy to the good people of Ebonyi State, it has nothing to do with the implementation of the manifesto of the PDP which the people of Ebony bought into and on the basis of which they voted massively for the PDP and its candidates. It simply shows that the governor defected in pursuit of his personal ambition. He had since gone ahead to inform Mr. President of his desire to succeed him in 2023.  The 16 members of the State House of Assembly who defected with him to the APC did not do so because they were convinced that the APC manifesto is superior to that of the PDP or has more to offer the people of Ebony or because they believe that the APC will hand over its presidential ticket for the 2023 general elections to a candidate of an Igbo extraction, they defected with the governor because they knew from experience that if any of them should take a principled stand against the position of the Chief Executive of the State, the member or members is/are not only dead politically, but dead and buried financially.  So, for them, it was a question of political and financial survival.

So what lesson is there for politicians?

Talking about lessons for politicians, I should say that politicians are poor students of history.  They are only concerned about the spoils of the office.  It matters not to them what negative effect or outcome a particular decision will have as long as such decision meets the political exigency of the time. What is paramount for the average politician is that his interest is protected.  Once that assurance is secured, what comes next is in the womb of time. It is all about interest, sadly, it is not the interest of the people but the parochial and self-centered interest of the political class.  Should the Supreme Court, when eventually the matter is brought before it, goes ahead to confirm the decision of the Federal High Court, our path to constitutional democracy, strong political institutions and virile party system would have been cleared of all the mines that these defections constitute on it.  If on the other hand, the Law Lords decide otherwise, a constitutional amendment to make it illegal for an elected governor to abandon the party that sponsored his election will become imperative if we are to continue on the path of constitutional democracy that we have chosen.

What is the implication of the judgment for other governors and lawmakers who defected from the parties they were elected to another?

As it stands today and until the appellate courts decide otherwise, the implication of the judgment for other governors and lawmakers who abandoned the party that sponsored their elections is that they are in the same position as Dave Umahi of Ebonyi State and the 16 lawmakers, that means they are no longer entitled to retain their offices as governors and legislators.  Having said that, it is imperative that we wait and see how the appellate courts settle all the legal issues that this judgment has brought up.  This is very important, given that the question of tenure and removal from office of an elected Executive Governor is a constitutional matter. A governor can only be removed from office in accordance with the provisions of the Constitution. Section 180 and 188 of the Constitution of Nigeria 1999 (As Amended) respectively provides for the tenure and removal from office of the governor of a state. Anything done contrary to the provisions of the constitution is null, void and of no effect at all.  So let’s wait.

Due to the contradictory judgments by the courts in Abakaliki, stakeholders have called for the removal of governors from the appointment of judges. Do you share this view?

The conflicting judgments from the Federal High Court and the High Court of Ebonyi State on the same subject matter is the unfortunate result of the very powerful influential roles played by the Executive arm of government in the appointment of Judges and the general administration of justice in this country. The courts at the state level are heavily dependent on the Executive for their day-to-day survival.  This is not healthy for the smooth administration of justice. The judiciary has to be financially independent.  The appointment of Judges has to be totally insulated from any form of political influence. A judge who owes his appointment to no political godfather and who knows that his promotion, his salary, his entitlement, his retirement benefits and even the day-to-day running of his courts are not dependent on the ego, the whims and caprices of any political actor, will not hesitate to declare the law as it is or give judgment against any government where the facts and the law come to no other conclusion.

Prior to the judgment, a High Court in Abakaliki dismissed a similar suit challenging the defection of the governor and his deputy. What is your take on the conflicting judgments from the same court of equal jurisdiction?

It is rather sad. I blame both the political class and some pliable members of the bench.  The political class in their desperation to cling on to power at all cost will do anything to achieve their purpose including forum chopping for judicial determination of their political cases. Unfortunately, there exists in the judiciary, especially on the bench, individuals who are open to compromise and who either in awe of the powers of the executive or in gratification of their financial or economic desires are ever prepared to do the biddings of the politicians.  You must not lose sight of the fact that the High Court of Ebonyi State which sat in Abakaliki and dismissed a similar suit could possibly not have reached a different decision given the prevailing circumstance and the crushing weight of political influence that Governors exercise over the administration of justice in their respective states. That is one of the reasons why financial autonomy in the real sense of it, for the judiciary is a sine qua non for the administration of justice that commands the respect and trust of the people.  For as long as governors continue to play prominent roles in the appointment of Judges and the funding of the judiciary, citizens will continue to express doubt in the quality of judgments such as the one that emanated from Abakaliki and Umuahia in Ebonyi and Abia states recently.

The governor has petitioned against Justice Ekwo before the National Judicial Council (NJC). Is the NJC the appropriate place to challenge the judgment or the Court of Appeal?

The National Judicial Council does not sit as an appellate court on decisions of  Federal High Court established under Section 249 or the High Court of the Federal Capital territory established under Section 255 or the High Court of each state established under Section 270 or any other superior court of record established under the constitution. Appeals from the decision of the Federal High Court, High Court of the FCT, High Court of a State or its equivalent under the constitution lies to the Court of Appeal and not to the NJC. The powers of the National Judicial Council as enumerated under paragraph 21 of Part 1 of the third schedule to the constitution do not include taking appeals from decisions of the Federal High Court or any other court established under the constitution.  The appropriate court for the governor to challenge the judgment of the Federal High Court is the Court of Appeal which he has done anyways.  I believe Governor Dave Umahi’s petition to the NJC is without merit to the extent that it is based on perceived biases fueled only by frivolous allegations of underhand dealings or what he called “hatchet job”. The petition is nothing but an irritant meant to distract and possibly shake the Judge and others of his like.

Was it right for President Muhammadu Buhari to have written the House of Representatives seeking the amendment of Section 84(12) of the Electoral Amendment Act 2022. Do you share his view?

The President can propose an amendment to any law at any time by sending an Executive Bill to the National Assembly for consideration and possible approval by way of enactment.  Section 84[12] of the Electoral Act 2022 which the President wants the National Assembly to amend has now been struck down by an order of the Federal High Court which ruled same as unconstitutional. The decision of the Federal High Court has attracted varied commentaries, while some respected legal minds have condemned the decisions as being gravely erroneous, in view of existing judicial interpretations of the relevant provisions of the constitution, the Attorney-General of the Federation who is the Chief Law Officer of the Federation has hailed the decision as sound and represent the extant constitutional order, my take on it all is that there is an order of the court which struck down Section 84[12] of the Electoral Act 2022, until that order is set aside by a superior court of competent jurisdiction, Section 84[12] as at today is not part of the Electoral Act 2022. As to the policy rationale behind the lawmaker’s insertion of the provision of Section 84[12] now deleted by an order of the Federal High Court], I see it more of the political actors playing their games. It is all about survival.

Now that President Buhari has signed the Electoral Act 2022 into law, what next?

By assenting to the bill, the President has assured Nigerians that his administration is committed to his promise to bequeath an electoral system that guarantees that citizens’ votes will count, an electoral system that will produce a government that is truly representative of the people.  The President and the National Assembly have done their part. Section 50(2)of the Electoral Act, 2022 is now the law of the land.  The ball is now in INEC’s court to come out with a procedure of voting and transmission of results that guarantees transparency and integrity of the exercise. INEC has assured Nigerians that it has the capacity to transmit election results electronically. It now has the statutory backing to do so. We all look forward to a transparent election come next year.

What are the innovations in the Electoral Act 2022?

There are several innovative provisions in the Act which are designed to deepen our democratic experiment. The provisions relating to electoral offences, nomination of candidates by parties, limitation on election expenses and others are very interesting. One of the major challenges with our democratic experiment is internal democracy. As the parties geared for the 2023 contests, their compliance with the provision of the Act relating to nomination of candidates will be keenly watched.  Any failure on the part of any of the parties to strictly comply with the provisions of the Act will only result in such party not having its candidate included in the election for the particular position. Another challenge with our democratic experiment is the fact that electoral contest is quite expensive and it appears that with the limit placed on election expenses by candidates, as long as any candidate for any particular office is within the limit and he has the money, he can buy his way to such office.  While the Act makes provision for the maximum amount allowed, it has simply by implication closed the door to patriotic individuals with good ideas and programmes on how to develop this country but who unfortunately do not have the humongous amount allowed as such candidate will be no match for the moneybags who can afford to reach the maximum limit allow by the Act.

The House of Representatives has rejected a bill seeking to provide special seats for women at the National Assembly, affirmative action for women in political party administration and inclusion of at least 10 per cent affirmative action in favour of women in ministerial appointment. What is your take on this?

The initial votes of the House of Representatives to reject the bills on indigeneship, citizenship and 35 per cent affirmative action for women was rather a sad one. It is, however, gratifying that the House had since rescinded its earlier decision and has now voted to recommend the bills for consideration as part of the proposed amendments to the constitution.  Nigerian women deserve better treatment.  They are the ones that attend party meetings, campaigns and vote during elections but unfortunately, they have the least representation in government and party administration.  The bill on citizenship seek to amend Section 26 of the constitution to provide for citizenship by registration for foreign spouses of Nigerian women while the bill on affirmative action seeks to amend Section 223 of the Constitution to ensure that at least 35 per cent of political party offices are constitutionally guaranteed for Nigerian women.  These two bills and the bill on indigeneship which seeks to allow women to become indigene of their husbands’ states after five years of marriage should immediately be passed by both Chambers of the National Assembly and concurred to by the states.  Citizenship for the foreign spouses of our women, indigenship of the states of their husbands and 35 per cent seats in the administration of political parties should be guaranteed as fundamental rights for our women.  They deserve no less.

 

The Lagos State Taskforce on Land Grabbers has begun mediation on a land dispute involving Adewole Adeleye, Jide Sotuminu and the Commanding Officer, 174 Battalion Nigeria Army, Odogunyan, Ikorodu, Lt Colonel Seyi Sholotan.

The hearing followed a petition by Adeleye and Sotuminu alleging a plot to take over their land by Sholotan in collaboration with one Ahmed Olorunimbe.

The land is located on 2-3 Bashorun Street, off Haastrup Street, Alagomeji, Yaba, Lagos.

Sotuminu assisted Adeleye to purchase the land and had been in charge of it until Sholotan laid claim to it and mounted a gate on the land.

The Taskforce, in a letter by its coordinator, Owolabi Arole, had invited Sholotan to a hearing at the meeting room of the Lagos State Ministry of Justice Annex on March 23, 2022, but he was absent.

The hearing was adjourned until April 13 to enable the military officer to attend as “he is not above the law”.

The panel said the new invitation would be sent to Sholotan through the 81 Division of the Nigerian Army at Kofo Abayomi, Victoria Island.

The petitioners accused Sholotan of encroaching on the land on more than three occasions with armed military personnel.

The officer is claiming that the land belongs to him and that he bought it from Olorunimbe.

Adeleye, who said he is the registered owner of the land, had in March 2021 reported Olorunimbe to the Force CID Alagbon for encroachment.

Olorunnimbe was also absent at the taskforce hearing.

Sholotan had told The Nation that he bought the land from Olorunimbe in 2017 before he was deployed to the Northeast on a military operation.

He said when he returned to Lagos, he visited the land, and Olorunimbe told him someone else was claiming it.

He said the case had been investigated by the military police and that he was found to have validly bought the land.

Sholotan admitted that he went there to remove the gate himself and to fix his own.

He said he did not assault anybody in the process.

“The land is mine. I paid for it,” the military officer said.