Category: Law

By Adebisi Onanuga

 

Deputy Vice Chancellor of Afe Babalola University, Ado Ekiti (ABUAD) and professor of International Law, Prof Damilola Olawuyi (SAN) has added another feather to his hat.

This followed his appointment into  the newly constituted Governing Board of the Nigeria Extractive Industries Transparency Initiative (NEITI) by President Muhammadu Buhari.

Olawuyi, a Professor of International Law, represents the Southwest in the 15-member board inaugurated in Abuja by President Buhari who was represented at the event by the Secretary to the Government of the Federation (SGF), Boss Mustapha.

The new governing board is under the Chairmanship of former permanent secretary, General Services in the Office of the SGF, Olusegun Adekunle while Ogbonnaya Orji, Executive Secretary of NEITI, will serve as the board’s secretary.

Other members of the board are Bashir Bature Gafai (North-West), Iliya Gashinbaki (North-East), Godwin Akor Ogwuche (North-Central), Nze Joe Ibeh (South-East), Awowo Christian (South-South) and Prof. Damilola Olawuyi, SAN (South-West).

The NEITI board include the Permanent Secretary, Ministry of Mines and Steel Development; Executive Chairman of the Federal Inland Revenue Service (FIRS); and the Group Managing Director of the Nigeria National Petroleum Corporation (NNPC).

The board also has a representative of the International Oil Companies (IOCs).

The civil society organisations are represented by Peter Egbule while the Presidents of Nigeria Mining & Geosciences Society (NMGS) and Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) are representing extractive industries professional unions on the board.

The chairman and members have four-year tenure on a part-time basis, while the executive secretary has a five-year tenure and is on a full-time appointment.

Established pursuant to Section 5 of the NEITI Act, 2007, the Board, otherwise known as the National Stakeholders Working Group is responsible for the formulation of policies, programmes and strategies for promoting transparency, accountability and good governance in the petroleum and mining sectors of Nigeria.

Speaking at the inauguration ceremony in Abuja, President  Buhari charged the board to preserve the noble virtues for which NEITI is known and be non-partisan and continue to dignify neutrality.

”NEITI is not just a local agency of government, but part of an international organisation. Hence it must be seen to comply with the principles of the international NEITI,” he said.

“Your mandate as the board of this organisation is to ensure effective NEITI implementation in Nigeria by providing policy and strategic direction, guidance, monitoring and oversight to the NEITI process in Nigeria.”

The president also reaffirmed Nigeria’s irrevocable commitment to implementing the principles, objectives, and standards of the Extractive Industries Transparency Initiative (EITI) in oil, gas and mining sectors.

According to him, Nigeria has witnessed phenomenal revenue growth from the oil, gas and solid minerals sector due to the meticulous implementation of the principles of the EITI by NEITI.

He said NEITI has also initiated and driven most of the reforms witnessed in Nigeria’s extractive sector in the past 17 years.

Buhari said the new board members have enormous responsibilities placed on their shoulders but expressed optimism that they will deliver on the EITI/NEITI mandate.

He urged them to consider their appointments as an opportunity to give back to Nigeria and contribute to the progress and development of the country’s extractive sector while building, consolidating and surpassing the achievements of previous boards.

Speaking on his appointment, Olawuyi, who is also a member of African Union’s Working Group on Extractive Industries, Environment and Human Rights Violations in Africa, said: “It is an absolute privilege and honour to have been appointed to serve on this important Board.

“If developed in an open, transparent and accountable manner, petroleum and mining sectors have enormous potential to unlock economic prosperity and sustainable development in Nigeria”.

He said he was looking forward to contributing his best to advance the important work that NEITI is doing to promote transparency, accountability, and good governance in these key economic sectors.

“I thank Mr. President for the confidence reposed in us and we shall not let the nation down,” he added.

By Eric Ikhilae, Abuja

 

It was a harvest of eulogies on July 23, as colleagues, associates, friends and others gathered in Abuja at a send-off for the retiring Solicitor-General of the Federation (SGF) and Permanent Secretary, Federal Ministry of Justice, Dayo Apata (SAN).

Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami, commended Apata for his contributions to the many achievements of the Justice Ministry since his assumption of office.

“Let me place on record the commendable consistency of the Solicitor General and Permanent Secretary in the implementation of policies and programmes of the ministry.

“I can say with pride that the Ministry of Justice has been lifted to higher grounds and has become the envy of others”, Malami said.

He added that Apata, who formally retired on July 25 on attaining the mandatory 60 years retirement age, distinguished himself in the various capacities in which he served.

Read Also: Malami’s diversionary sting operations

 

Malami, who noted that Apata possesses a rare capacity for detail and perfection, said he found him to be resourceful, committed and patriotic in the discharge of his duties “in my countless encounters and very intimate working interaction with him over the years.”

The AGF, who announced the naming of the ministry’s new electronic library (e-library) after Apata, said the Justice Ministry would miss Apata’s profound knowledge in vital aspects of law.

Responding, Apata attributed his many successes to the support and confidence he derived from Malami, who he said, brushed aside opposition in some quarters to work despite differences in their tribes and religions.

Apata, who once served as Solicitor-General in Ekiti State, was full of praises for Malami for affording him the opportunity to serve to the best of his ability.

The retiring SGF, who highlighted the many achievements of the ministry under his watch, said: “I became the first Solicitor-General of the Federation and Permanent Secretary of the Ministry of Justice in history to be conferred with the title of Senior Advocate of Nigeria (SAN), with the cooperation and support of the Attorney-General of the Federation.

Apata, who noted that he had been called names because of his devotion to duty and loyalty to AGF, said: “I don’t care what people say…Malami is my God-sent and I remain eternally grateful to him for the confidence he reposed in me.”

The well-attended event, witnessed the signing of handing over notes and the formal exchange of baton between Apata and his successor, Umar Mohammed Etsu (in acting capacity).

 

By Eric Ikhilae, Abuja

 

The nation’s literary firmament will on July 31 witness new additions with the presentation of four new books by a lawyer and author, Aminu Kayode Alilu.

The books are – The Tongue of Silence (an African play); Arrows in the Shadows (another African play); The Global Bugaboo (a poetry collection), and The Wise Mans’ Scripture ( a collection of wise/witty sayings).

According to plans, the books are to be formally unveiled at an event scheduled to hold at the Nigerian Air Force (NAF) Conference Centre, Abuja on July 31.

Read Also: Preventing civilian harm during armed conflicts

Alilu, a senior prosecutor at the Federal Ministry of Justice, said the works form part of his contribution to the enrichment of the nation’s literary culture in a manner that contributes to the celebration and preservation of the African heritage.

From a humble background in Kogi State, Alilu told The Nation that he is a testimony to God’s benevolence, which informs his involvement in humanitarian activities through his group – the Grassroots Initiative for Poverty Eradication and Liberation of the Poor (GIPELP).

Alilu, whose past works include: “The men who wrestle with God,” said his new books have received endorsements from notable Nigerians, including former President Olusegun Obasanjo, ex-Military Head of State, General Ibrahim Babangida, Afe Babalola (SAN) and the Oluwo of Iwo Land, Oba Abdulrasheed Adewale Akanbi

 

By Robert Egbe

 

The Digital Rights Lawyers Initiative (DRLI) and Centre for Internet & Society, India have partnered on a webinar series on legal and other issues surrounding digital identity.

The theme for the series, which began last Thursday and will run from July to December, is Nigeria’s Digital Identity Project: Are We Ready?

Each month the series will feature a specific topic where industry experts and important stakeholders including leaders from National Identity Management Commission (NIMC) and other government agencies, local and International civil society organisations, lawyers, digital rights advocates and other industry experts will assemble to discuss issues that are central to Nigeria’s digital identity project with the aim of unpacking the concept of digital identity.

They will also stimulate conversations that will engender the emergence of a digital identity programme that truly works for the people.

The inaugural session last Thursday, titled: Nigeria’s Digital Identity: The Blueprint, featured presentations from NIMC Director-General and Chief Executive, Aliyu Aziz and Senior Design Researcher with the Centre for Internet and Society, India, Saumyaa Naidu.

It was moderated by the Co-Founder of DRLI, Solomon Okedara, with participants joining the virtual event from across Nigeria and around the world.

As confrontations between state and non-state actors continue in more parts of the country, PRECIOUS IGBONWELUNDU reports that the need for laws to protect unarmed civilians has become inevitable.

 

On July 3, a young beverage seller, Jumoke, met her untimely death at Ojota. She fell victim to a conflict between the police and agitators of Oodua Republic who besieged the Freedom Park for a mass pro-secession rally. By mid-day, Jumoke, who was nowhere near the scene of conflict, was hit by a stray bullet allegedly fired by policemen pursuing some of the agitators who ran into a residential neighbourhood on the Ogudu end of Ojota. The bullet pierced her chest, killing her on the spot.

Like Jumoke, school pupils have on many occasions fallen victim to armed conflicts between security agencies and outlaws. The case of some students killed while returning from school in Ohi, Imo State when suspected members of the Eastern Security Network (ESN) opened fire on a bank, as well as the murder of three students in Kaduna by kidnappers who abducted some of their colleagues, are still very fresh in mind.

Also, over 100 people, mostly innocent residents, were killed at Obigbo, River State last October by troops who invaded the community in search of members of Indigenous Peoples of Biafra (IPOB) and its militant wing ESN fingered in the murder of security operatives.

Only recently, the International Society for Civil Liberties and Rule of Law (Intersociety), in a statement, accused security forces of unlawfully abducting 3,000 civilians between November last year and last June from the eastern region, with identities of 300 of the said victims revealed in the statement dated July 6.

The exposure of unarmed civilians to violent situations across the country, with attendant deaths, injuries, personal property losses, infrastructure damages and psychological traumas, has, no doubt, heightened calls for concrete actions to be taken to ensure their safety from both state and non-state actors.

It was against this backdrop that the Civil Society Legislative Advocacy Centre (CISLAC), in collaboration with the Centre for Civilians in Conflict (CIVIC) and Open Society Initiative for West Africa (OSIWA), organised the third legislative retreat on institutionalising a legal framework for the protection of civilians and mitigating harm to them during armed conflicts as provided for by the 1949 Geneva Conventions and 1977 Additional Protocols on Protection of Civilians (PoC).

At the retreat which was held in Lagos, members of the House of Representatives committees on Navy, Army, Justice, Finance and Human rights, discussed a draft “Protection of Civilians Bill, 2020” aimed at regulating the conduct of security operations; protecting civilians and reducing harms to the civilian population during armed conflicts in Nigeria.

It also sought to institutionalise the development of a legal framework, strategies, and plans for the protection of civilians living in conflict zones who continue to experience the devastating impacts of conflict-related damages, increased vulnerability and trust deficit with wide-ranging effects on health and human sufferings.

Participants were expected to consider the draft bill as well as review the content to ensure standards and specifications were met. They were to design and agree on specific strategies and approaches that the frameworks would be listed and mentioned at plenary and adopt a roadmap to convene a public hearing with CISLAC/CIVIC leading in the process.

In his welcome address, Executive Director, CISLAC, Auwal Ibrahim Musa Rafsanjani noted that the bill was overdue considering the plight of civilians who directly bear the brunt of conflicts in their communities.

He stressed the devastating effects the conflicts have had on citizens, urging all hands to be on deck to mitigate civilian sufferings during conflicts.

According to him, if the country institutionalised the law, it would become the first country in Africa to do so.

“The 9th Assembly would have written its name in history should this bill be passed. Protecting civilians has too often been understood through the prism of compliance with international humanitarian law. This is an incomplete view.

“Compliance with the law is the bare minimum. Current patterns of harm and long-term effects of hostilities highlight the need for legal framework and compliance to effectively prevent, minimise and respond to civilian harm.

“The full protection of civilians must become a strategic imperative across scenarios from direct involvement in hostilities to support provided to parties of conflict, and through the full spectrum of Nigerian security architecture in all its theatres of operations,” Rafsanjani said.

He explained that this should entail prioritising the health and wellbeing of people, supporting political and social structures that ensure justice and dignity as well as protecting the environment, and be understood as a wider goal of conflict prevention and response.

Rafsanjani added: “No effective protection strategy can be conceived without a sound understanding of the violations/abuses that were committed. These include inter-alia, their rationale, their direct and indirect effects, and the social and legal framework in which they took place.

“Nowadays, the general lack of protection in crises affecting civilians caught up in armed conflict and other situations of violence is due, not to an inadequate legal framework, but poor compliance.”

Chairman, House Committee on the Nigerian Army, Abdul’razzak Namdas said members have expected to have such a retreat for over a decade following the rate at which citizens were becoming victims of armed conflicts.

“Their properties are constantly destroyed and land are prevented from being cultivated all in the name of tackling insecurity. The army is overstretched and we need to use both kinetic and `non-kinetic methods to solve this problem.

“It is important that every security actor has a responsibility to protect and mitigate harms to civilians that will occur as a result of persons, activities, operations.

“I assure you that the committee on the army is ready to give the necessary support, contribution towards the institutionalisation of the framework in line with the standing orders of the 9th Assembly, the 1999 Constitution as well as International, humanitarian and human rights laws. We will take ownership of the proposed bill.”

Another lawmaker, Chinyere Igwe who represented the justice committee noted the need to ensure that when passed, the bill would cover persons residents in all parts of the country and not just in conflicts areas.

He also observed that the bill should spell out sanctions for both security forces and non-state actors who in the cause of their actions, bring harm to civilians anywhere.

Deputy Chairman, House Committee on Defence, Abbas Adigun acknowledged that civilians were paying daily due to conflict, noting that the bill would be supported by representatives when brought before the House to address the issues and also give succour to those who have lost loved ones and properties to armed violence.

 

 

In his submission, Deputy Chairman, Committee on Finance, Saidu Musa Abdullahi, said the bill, though coming late, would protect civilians by providing the legal framework for foot soldiers.

Prince Rotimi of the House Committee on Human Rights said: “We need to ask ourselves, how did we get to this point we are in today? It was the lackadaisical attitude of past leaders. I am telling you, if the Chibok Girls were rescued immediately, this situation will not be so.

“What is the strength of our Army, Police and Air Force? The army is overstretched and we are in a situation where people who are supposed to protect us are themselves being targeted. So, there is a need to uphold the rights of the protected and ensure no harm comes their way.”

Member representing the committee on the Nigerian Navy, Egberongbe Mufutau Adewale, who applauded the organisers for their thoughtfulness with regards to the bill, however, said there was a need to tackle insecurity, other vices through vocational training for youths.

“There is urgent need to review our school curriculum to focus on vocational education to have employers of labour. It is also important for the government to provide an enabling environment for small businesses to thrive. The provision of incentives, intelligence gathering mechanism, use of local chiefs and improving our security architecture are necessary. Social media should be looked into to stop instigating people…There is a need for devolution of power and true federalism,” he said.

By Joseph Jibueze

 

An international law firm, McDermott Will & Emery, has engaged two of Nigeria’s brightest lawyers in the United States as partners.

The two – Emeka Charles Chinwuba and Nexus Uzoma Sea – are from Anambra State.

Chinwuba will function in the firm’s Transactions Practice Group; Uzoma will work in its Litigation Practice Group based in New York.

McDermott Will & Emery, with over 1200 lawyers, partners with leaders around the world to fuel missions, knock down barriers and shape markets.

The two Nigerians are expected to provide strategic direction in project finance and complex litigation to some of the most esteemed enterprises around the world.

They include Fortune 500 multinationals and institutions with Africa-based operations.

McDermott’s Head of Strategy, Michael Poulos, said: “In the spirit of continued innovation and truly comprehensive client service, we’re thrilled to add Emeka and Nexus to our Transactions and Litigation teams.

“As we emerge from the pandemic, clients face increased legal hurdles spanning different areas of law.

“Having collaborated for years, Emeka and Nexus are a tried and true team, providing streamlined legal counsels, addressing cross-practice client needs.”

Chinwuba received a Congressional Recognition as one of “30 Black Stars” at the Face2Face Africa Conference and Awards.

His work has covered complex financing projects in the US, South America, Middle East and Sub-Saharan Africa.

Sea said they were excited to join the McDermott team, assuring that they would join forces to deliver best-in-class legal services to shared clients.

He is a seasoned litigator and rising star trial lawyer representing high-profile companies in complex commercial litigation, product liability and financial services matters in both state and federal courts.

His clients include Fortune 500 companies, financial institutions and pharmaceutical companies.

His practice focus also includes the emerging area of Artificial Intelligence and its impact on existing product liability regimes.

Sea represented one of Africa’s most prominent business leaders in successfully defeating a trade secret suit seeking damages of at least $1 billion.

He has successfully conducted internal investigations on behalf of financial institutions.

Sea and Chinwuba previously served as presidents of the Nigerian Lawyers Association.

They are founding members of “1844,” an association of African-American lawyers founded in 2014 as a vehicle to addressing the challenges of industry representation and to promote collaboration, business development and mentorship.

The name 1844 highlights the year the first African-American, Macon Bolling Allen, was admitted to practise law in America.

The work of 1844 positively impacts hundreds of diverse law firm summer associates through its annual Summer Associate Panel Discussion.

It similarly benefits middle and high school students through its collaboration with Legal Outreach.

Miami-based Litigation Partner and Global Chair of the Firm’s Diversity & Inclusion Committee, Tony Upshaw, said: “In addition to superior technical knowledge in their respective practices, Emeka and Uzoma are pioneers in the fight to knock down unfair barriers for people of colour in the legal industry.

“The core principles of 1844 align with our commitment to enhancing diverse talent in law and leadership, which will be accelerated by these outstanding lawyers. We’re thrilled they’ve chosen McDermott to continue this important work.”

Chukwuebuka John Okoli-Akirika did not just make a Second Class (Upper Division) at the Nigerian Law School this month, he is also in the top 7.56 in a class of over 5700 students. Only 20 students had a better result. The 2019 alumnus of the Enugu State University of Science and Technology (ESUT) shares highlights of his incredible law story with ROBERT EGBE.

 

My name is Chukwuebuka John Okoli-Akirika. I’m from Amichi in Nnewi-South Local Government Area (LGA) of Anambra State. I was born in Aba, an industrial city in Abia State, and that was where I spent most of my teenage years.

Bloodline of lawyers, artists

I am the first child of Mr. C.J. Okoli-Akirika, a lawyer, and Mrs N.I. Okoli-Akirika, a fine artist and teacher. Fortunately, I will not be the only legal practitioner in the house and from my lineage as my dad, my cousin, an aunt and an uncle are all lawyers. My mum comes from a bloodline of artists. My younger sister is currently a final year law student, and my younger brother who is currently in secondary school wants to study law. I was actually nurtured with the idea of being a lawyer.

Day mum disciplined me like never before

I attended St. Bridget’s Primary School, Aba. I was renowned for my drawing and craft skills. I tore pages of my books to make boats and airplanes for my classmates. When my mother found out, I was disciplined like never before. I made crafts from carton and gifted them to the Arts teacher.

Awkward having mum as class teacher

I went on to the University of Nigeria Demonstration Secondary School Aba (now NINLAN Secondary School) for my junior secondary education. My mum was a teacher while I was there. I remember how awkward it felt greeting my teacher who was also my mum in class like she was a regular teacher; it was something I was not really looking forward to. Then there was the attention I got from students and teachers alike. Seniors dared not touch me (laughs). I left the school after Junior Secondary School (JSS) 3 to pursue my senior secondary education at Federal Government College, Okigwe, Imo State. I am proud of what I accomplished there.

Going from average to top of class

My primary and secondary education sampled the progress I had made growing up. I remember getting promoted on trial and my sister winning the school trophy at the same time. My dad came to pick us from school, one a champ, the other almost a failure. I saw the smile on his face and I wondered when that was going to be about me.

However, I went from being average to being top of my class in secondary school, and that prepared me for the challenges that were ahead of me.Special thanks to Chidimma Onuoha Esq. and Faithfulness Eze-Eke. I cannot downplay the roles they played in the turnaround.

Making dad smile

I studied Law at Enugu State University of Science and Technology (ESUT). I finished my secondary education in 2013 but couldn’t secure a place in my desired university. Being someone that dislikes idleness, I applied for and gained admission for a diploma Programme at Nnamdi Azikiwe University in Tourism and Heritage. I could not finish the programme as I had gained admission to study law the following year (2014) in a university in a different state and I had to leave. I concluded my studies at the university in 2019. Going in, I desired to make a First Class. That goal was what guided my every decision and spurred my actions towards achieving that goal. Unfortunately, I did not. I finished as the Third Best Graduating Student with a Second Class, Upper Division. My dad smiled. It mattered that he did.

Challenges of studying law

Studying law was a challenging, yet interesting experience; long hours of study, memorising of cases and statutes, conducting of serious research for assignments and a lot more. Even extra-curricular activities were just as serious and intense. There were days I’d be so fatigued and angry, and wish it could all just come to an end. However the experience, I had amazing friends, mentors, lecturers and a supportive family that kept me going.

Day I danced, sang, sat on the road

I have a lot of memorable experiences. One time I went out with my friends who were also my course mates and returned to school very late at night. We walked all the way from the venue of the hangout to school. We took turns to dance and sing, sat in the middle of the road while sharing interesting stories and all. I cannot forget that night in a long time. Those friends are family to me now. Shout out to Agozie Onwukwu, Ebube Okpogu, Chima Ebene, Joyce Onyegbula, Kosy Umeh, Nnamani Dennis, Christian Okonkwo and Ikedi Uwandu.

Another was in the form of a debate. My favourite lecturer, Prof G.C Nnona who lectured on Intellectual Property had sparked an academic discourse during one of his lectures with us. The debate lingered past the time allotted for the course (it was the last period). He asked those who were not interested to leave since the lecture was over. Those of us interested continued the debate and that happens to be one of the most interesting “conversations” I have ever had. The Prof has been a significant figure in my journey so far, and I have continued to learn from him even after graduating.

11-year-old in court

Like I mentioned earlier, my dad is a lawyer. I remember following my dad to court once. As a child of about 11 years, the proceedings were lost on me. I sat in the gallery watching but not understanding (laughs). However, I spent a lot of time at my dad’s office.

Taking after dad

My choice of studying law was largely due to my immediate family circumstances and my position as the first child of the family. So, from when I could speak till when it was conclusive that I was to study law, I had constant reminders that I was to be a lawyer. Relatives will be like “so you will take after your father”. I spent quality time at his office and that was basically the only profession I was directly exposed to.

Sometime in 2011, I visited my aunt in Lagos. Due to her place of residence within Lagos, the sound of airplanes in the sky was very routine and regular. I started to read about planes “in the night sky like shooting stars”. I liked everything about the idea of being a pilot, but they were mostly fantasies, and an eagerness to satisfy the curiosity of a child as to what could be in the sky, since at the time I had never flown in an aircraft.

I also remember thinking of being a neurosurgeon. I had a brother whose experience while on earth started to force a reconsideration of who and what I really wanted to be. I mentioned it to my mother and she advised me to snap out of it. She told me to not let my brother’s circumstance change my destination. I took her advice.

Conquering law school

Before attending the law school, I had heard a lot of stories from a lot of people about the institution. From the start, I knew that a lot was required mentally and physically, especially considering that I wanted a First Class. From the first day, I knew I had to give my 100 per cent while finding time to relax. So, I knew I had to be mentally and physically ready for what was to come. Due to COVID-19, we had two halves of the programme. In the first half which was last year, I was able to strike a balance between my studies and recreation/relaxation. I took long walks and visited one or two places at most during that time. COVID-19 hit. We continued the programme from home. That was very tough. It was unprecedented. Nobody was prepared for what happened. The crippling uncertainty was killing. The institution, in my opinion, did the best possible considering the circumstances. On resumption earlier this year, we were confronted with resumption and close exam dates. My entire time went into studying for the almighty Bar finals. What is recreation? That was the least of my worries, likewise most students. Thankfully, we had amazing lecturers who really lightened our burden. They committed themselves to preparing us for the exam, mentally and academically. I really appreciate their efforts. I also had amazing friends every step of the way. Special thanks to Amara Ojiego, Efe Oise, Oge Okolie, Samuel Dunmade and Ugochi Ihedigbo.

The question on whether it (law school) was more or less difficult than I imagined is in itself a difficult question. What I imagined and what happened are parallels. I never contemplated the pandemic. So, when I factor that, I’d say that it was more challenging than I had expected, and this made it seem a lot more difficult than I had imagined.

However, at the end of the examination, I found myself at the beach. That was the one time I really took a break for more than two hours.

JUSUN strike and law school programme

The JUSUN strike had no effect on the programme for this set as it did not affect chamber and court attachments which did not take place in the form that it used to be done in previous years.

Breaking down 46 days to Bar finals

Law School aside being very demanding, can be very mentally challenging. There is just a lot of pressure, especially when you have your eyes on the top prize. As a student, if you’re unable to deal with the mental part of the preparation, chances are you will be unable to function.

Being faced with the reality that a good percentage of students fail the Bar examination is all the pressure you need. In my case, I was facing the reality that only a small percentage makes First Class and that was all the pressure I needed.

We had just resumed for the second half of the programme when we were informed of examination dates. That was an instant shocker. Every plan I made was crippled upon receiving the news. I had a breakdown. I thought we’d have three months to the examination. It was 46 days to go. 46!

Weeks to the exam, I could literally feel a lot of weight on my head. I had a lot to cover. I made a list of topics I hadn’t mastered. Days passed and it felt like I wasn’t doing enough. I developed a fever on some occasions, then a nervous breakdown. I frequently called home. They could feel the pressure over the phone. My mother kept encouraging me. My dad and my sister did same too. I could barely sleep. I was literally living in the study room at the time. Who wasn’t? I saw myself applying multiple strategies to get the job done. It was really a challenging journey. When it was exam week, the pressure tripled. There was a reading and praying frenzy on campus. Every nook had a student reading. The lecturers were working overtime. They were there every step, teaching and giving moral support.

Finishing in the top 7.56 per cent

Every step of the way, I knew that I had to keep my mental health in check. That was the first step in surmounting the imminent challenge. That is what I did. That was how I was able to go through the back-to-back examination dates without passing out or abandoning the entire thing.

I made a Second Class, Upper Division (Top 7.56 in a class of over 5700 students). It was not the goal, honestly. I am not big on effort, but for this one I make an exception. I was living in the study room, literally, both at home and in school.

Desired result? Of course not. Major win? Definitely!

How does being among the Top 7.56 per cent feel?

Well, it feels great. I went for the moon, and fell among the stars. But in all, I am grateful to God, my family, my adorable friends and every person who supported me in one way or another.  The only way from here is up, and that’s the way to go!

COVID-19 lessons and law school

The COVID-19 pandemic has taught us all a lesson; anything can happen. The institution resorted to online lecturing to meet the occasion. Being a first attempt at such on this scale, there was less time for the institution, in my opinion, to plan and execute same effectively. This made the experience a little too nightmarish for some students. That is an eye-opener. Going forward, I think the institution, seeing that a pandemic is in the permutation, may devise ways to meet such unforeseen occurrences.

Judge, SAN or Professor?

Professor and SAN. I’ll choose to be a professor and Senior Advocate of Nigeria, just like a legal icon I admire; Prof Ernest Ojukwu SAN. If I can be both, why not?

Second chance at a career choice?

If I had a second chance I’d choose law. Just that I may find a school that offers a dual-degree in Law and Business. Choosing a career in football would have been lovely but for my sight. Music? Unless I’m humming. (Laughs).

Marrying a lawyer?

I haven’t really thought about it, but now that you’ve mentioned it, I guess I’d be comfortable with that if it happens. But I’d have to ask my uncle what it is like since he (a lawyer) married a lawyer (Laughs). Whichever way, I’ll be very much interested with being with a professional, that’s all I’m sure of for now.

Drake’s biggest fan

I enjoy hanging out and meeting new people. I love the game of football. I also love visiting new places. Then music; I’m (Canadian rapper) Drake’s biggest fan.

Mentors in legal profession

My dad is my first mentor. He laid the foundation on which I’m building on. His brilliant, fatherly advice has guided me since my journey began. My father instilled virtues of patience, integrity and selflessness in me. He always talks to me about “aptitude”. His advice has shaped a lot of the decisions I have made and a lot more that I will make.

Prof G.C Nnona, whom I admire so much for his mastery and brilliance.

Okechukwu Orisakwe Esq. He is a mentor, brother and friend. Okey is my go-to person. He has always advised me candidly, provided support and looked out for me. His journey so far is one I hope to emulate while being better at it.

In this piece, law lecturer Sylvester Udemezue opposes the view of Nigerian Bar Association (NBA) 1st Vice President Mr John Aikpokpo-Martins, who argued that the President of Nigeria is required by the Constitution to quell secessionist agitations and that self-determination agitations were ‘simply unconstitutional.’

 

I read a published commentary credited to Mr Aikpokpo-Martins, 1st Vice President of the Nigerian Bar Association (NBA) and National Chairman of NBA’s Human Rights Committee, but who made it clear he was speaking in his personal (not official) capacity.

I believe him that he spoke in his personal capacity and I urge all to learn to separate the office from the person, sometimes. As a Nigerian citizen, Mr Aikpokpo-Martins’ freedom of expression is guaranteed by section 39 of the Constitution of the Federal Republic of Nigeria, 1999.

George Washington said: “If freedom of speech is taken away, then dumb and silent we may be led, like sheep to the slaughter”.

In his work, as expressed in the “Silence Dogood” Benjamin Franklin wrote, “Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech.” I may disagree with what Mr Aikpokpo-Martins has said, but I will defend to death his right to say it.

Mr Aikpokpo-Martins’ commentary as published on June 2, 2021, on June 3, 2021 in TheNation Newspaper, is titled, “Constitution Requires Buhari To Crush Kanu, Igboho, says NBA 1st Vice President, Aikpokpo-Martins”._

In the article, Mr. Aikpokpo-Martins argued, among other things, that (1). There is no room under Nigerian law for agitations for self-determination, and that (2). the Nigerian President who swore to defend the Nigerian Constitution is required by the same Constitution to “crush” all and any such agitations for Self-Determination.

With due respect, Mr. Aikpokpo-Martins’ said opinion has no support in the extant law, both of Nigeria and Internationally.

First, agitations for Self-Determination are allowed under Nigerian law (see article 20, African Charter on Human and People’s Rights (Ratification and Enforcement) Act Cap A9, LFN, 2004, and even the Constitution (as I shall show shorty in my riposte to my Learned friend)

Further, contrary to Mr. Aikpokpo-Martins’ erroneous view, the Nigerian constitution does not encourage Presidential “crushing” of agitations for self-determination.

For the avoidance of doubts, my position recognises a clear difference between genuine agitations for self-determination and perpetration of criminality under the guise of such agitation. It befuddles reasonable imagination, benumbs civilised senses and beclouds sound legal principles and reasoning, for my brother and great learned friend, Mr Aikpokpo-Martins, to openly encourage the “crushing” of all promoters of agitations for self-d    etermination, without making efforts to distinguish the latter from the former.

Mr Aikpokpo-Martins’ published opinion deserves a well-reasoned rejoinder to put things in proper perspectives; yet, it is important to remind my friend that his use of “crush” which is itself unconstitutional, encourages criminality and lawlessness in a constitutional democratic experimentation said to be founded on rule of law; any action, whether by the president or by such agitators, that is not authorised by the constitution is either lawless or criminal. There’s no aspect of the Constitution that gives a blanket stamp of support to any Presidential “crushing” of such agitators.

Deployment of lawlessness (which “crush” implies) to deal with agitations for self-determination is itself criminal, not being legally justifiable, unless the agitators are waging a war against the state or are trying to topple existing state institutions by lawless means. My brother’s opinion loses its logical flavour when he gave a blanket endorsement to presidential “crushing” of all agitations for Self-Determination, without any distinction.

Anyway, I can see why the respected learned friend easily fell into such error; he believes, quite erroneously, that the mere fact of agitating for self-determination is inherently unconstitutional, being, as he said (also erroneously), inconsistent with the aspect of the constitution that describes Nigeria as an “indivisible country”.

I wholeheartedly support the unity of Nigeria; this has been my position. But, talking law, with due respect, who told Mr Aikpokpo-Martins that Nigeria can’t be legally divided if it chooses to so do? Such an argument (as advanced by Mr Aikpokpo-Martins) shouldn’t come from a lawyer because there’s in the constitution, a section 9 that spells out processes and procedures for constitution amendment. An amendment could be for anything — including to divide Nigeria, if the constituents want that. What’s unconstitutional in achieving a division through such constitutional means? What’s unconstitutional if such a constitution amendment process is informed by agitations for self-determination? How then does it make any sense for anyone to argue that agitations (all agitations without any exception) for self-determination are unconstitutional and accordingly deserving of presidential “crushing”?

If all manner of agitations for self-determination are unconstitutional, and deserving of the “crush” attitude, then, likewise, I respectfully submit, all calls, suggestions, and propositions for an amendment to the constitution to include in the constitution, anything not previously therein-contained, is illegal, unconstitutional and no less eligible to be crushed.

Finally, I have questions for my friend: Presidents swear to defend the constitution, no doubt!

Apart from fighting any deviation from the constitution, a second aspect of “defending the constitution” is (and Mr Aikpokpo-Martins failed to address this aspect) for presidents to ensure their own (Presidential) actions are strictly in tune with provisions of the constitution. Now, a question, how does a president get crushed, or, should a president get crushed, where his actions go against the constitution? Another question, could these presidents (by all their actions that we see) be said to be truly defending the constitution? Or, put differently, do they defend the constitution in the interest of all Nigerians without any discrimination or segregation? Why didn’t Mr Aikpokpo-Martins look at this aspect of defending the constitution? Or are Presidents above the law?

In summary, Mr Aikpokpo-Martins’ commentary failed to interrogate material issues; this, I suggest, accounts for the fundamental error into which his opinion fell. A genuine agitation for self-determination (until it engages in criminality) is in the same category as calls to amend the constitution. If my learned friend had looked deeper, and investigated further (he should have engaged in diligent research which is the hallmark of lawyering), he would have seen there is no difference at all, between the two.

A lawyer, in advancing public legal analytical opinions, ought to be holistic, broad-based and disinterested, and not advancing legal arguments as if (s)he is issuing/making political statements calculated to serve or nourish vested interests or targeted at promoting inequity, illegality and unconstitutionality, or to cover up or justify victimisation, oppression and suppression in a country where equity, fairness, equality, freedom and oneness ought to be on the front seat. A lawyer’s argument should be based on law, not founded upon prejudicial predilections.

With due respect, Mr Aikpokpo-Martins’ opinion is an expression of prejudices, merely dressed up to parade itself as a legal opinion. There is need to respond to Mr Aikpokpo-Martins, in order to set the law straight and correct Mr Aikpokpo-Martins’ gravely flawed, fundamentally unfounded and obviously unconstitutional ‘legal’ opinion. Arguments like such advanced by my learned friend are among reasons why many a modern-era thinkers classify Nigeria as backward-looking, retrogressive-thinking, which shouldn’t be!

My reaction to Mr Aikpokpo-Martins which comes in four parts, is titled, ‘Meaning and Legality and Solution to Agitations For Self-Determination In Nigeria Amid Mr Aikpokpo-Martins’ ‘Crush’ Advocacy”.

(1) Part 1 (introduction) discusses meaning of Self-Determination and Foundation of Self-Determination in Nigerian and International Law. (2) Part 2 discusses constitutionality or otherwise, and dimensions of Self-Determination in Nigeria, as well as causes, symptoms and effects/implications of such agitations on the Nigerian Federation and it’s unity, stability and progress. (3) Part 3, while critically analysing Mr Aikpokpo-Martins’ Call on the Nigerian President to “Crush” all agitations/agitators for Self-Determination in Nigeria, discusses and recommends what I believe are reasonable, fair and legally justifiable ways of handling such agitations. (4) Part 4 is expository in nature, merely chronicling the historical dimensions of agitations for self-determination in Nigeria and why such agitations keep occurring and reoccurring. This final part suggests what Nigeria must do to permanently forestall or minimize such agitations and keep Nigeria united, stable and prospering.

Watch out for part 1 which is introductory.

 

By Robert Egbe

 

A Federal High Court sitting in Lagos has granted Mr Babajide Coker an order of substituted services in his suit challenging his expulsion/suspension from the membership of the Lagos Motor Boat Club.

Justice Ambrose Lewis Allagoa made the order sequel to a motion filed and argued by his counsel, Senior Advocate of Nigeria (SAN) Kemi Pinheiro.

Coker, the sole plaintiff/applicant, commenced the suit, marked FHC/L/CS/578/2021, on March 16, 2021.

The 1st to 7th defendants/respondents are the Registered Trustees of Lagos Motor Boat Club, Dr Dapo Majekodunmi, Mr Babajide Balogun, Babalola Alakolaro, Ladi Ani Mumuny, Prince Frances Awogboro and the Corporate Affairs Commission (CAC).

At the commencement of proceedings on Friday, July 16, Mr Pinheiro SAN prayed the court to allow the Plaintiff have an alternative way of serving the court processes on the defendants on the ground that they were avoiding service.

But counsel to the 6th defendant Eyimofe Atake SAN, opposed this application.

He adjourned till October 6 for the hearing of all applications.

Among others, the plaintiff is seeking a declarative relief for an order of mandatory injunction pending the determination of the June 15, 2021 Motion on Notice for orders of interlocutory injunction, commanding the 1st Defendant/ Respondent to reverse the resolutions and or decisions purportedly passed at the purported Annual General Meeting of the Club held on the June 17, 2021 “in contempt of the court and pending processes.”

He is praying the court to set aside all the proceedings, resolutions and or decisions purportedly passed or returns on any purported elections into the offices of the officers at the club’s purported Annual General meeting, “which said meeting was held and resolutions passed thereat while the matter was pending in court”

The plaintiff is also seeking for orders of interlocutory injunction, restraining the 1st Defendant whether by themselves or though the Officers of the Club from giving effect to any resolutions and or decisions purportedly passed at the Club’s ‘purported AGM “which was held… in contempt of this Honourable Court and the pending court processes.”

The applicant, apart from challenging his expulsion/suspension, is also challenging his disenfranchisement by the 1st Defendant to contest elections for the position of Duty Officer of the Committee of the Club held on 5th October 2020.

He averred that by his Solicitors’ letter “duly received and acknowledged by the 1-6th defendants, the 1-6th Defendants as of June 16, 2021 had notice of the pendency of both the instant suit and the aforesaid Motion on Notice for interlocutory injunction.

“Notwithstanding the aforesaid notice, the 16th Defendants in crass contempt of this Honourable Court and pending court processes, held the said Annual General Meeting on 17 day of June 2021 whereat resolutions were passed and Returns on elections into certain offices of the officers and Committee of the Club were made.”