The Nation Newspaper

Category: Law

  • LG polls: Ogun aspirant sues APC caretaker committee chairman, others

    LG polls: Ogun aspirant sues APC caretaker committee chairman, others

    By Adebisi Onanuga

    A councillorship aspirant in the Ogun State local government elections, Muyiwa Osularu, has sued the Vice Chairman, Caretaker Committee of Ikenne Local Government Area (LGA), Muhammed Efuwape, for allegedly substituting his name with that of another person.

    The suit, filed at the Sagamu High Court through his lawyers, Fazaz  Daud and Hussein Omikunle, comes less than two weeks to July 24 poll.

    Joined as second and third defendants in the suit are the All Progressives Congress (APC) and Ogun State Independent Electoral Commission (OGSIEC).

    Osularu, in his July 8 originating summons, is seeking an order compelling the respondents to appear before the court within seven days of being served by the plaintiff.

    He is praying the court to determine among other things whether, according to the Electoral Act 2010, the APC constitution and election guidelines, it was lawful that his name should have been substituted with Efuwape’s as the APC councillorship candidate for Ward 5, Iperu Remo.

    The applicant is also praying the court to nullify Efuwape as the APC councillorship candidate.

    He prayed the court to order the APC to forward his name to OGSIEC while OGSIEC must accept, list, publicize and print his name on the ballot paper as the APC councillorship candidate in the election.

    The applicant is also asking the court for an order of perpetual injunction restraining Efuwape from parading himself as the standard bearer of APC for Ward 5 candidate in the coming local government elections while the party and OGSIEC must also henceforth stop dealing with him as far as this subject matter is concerned.

  • Is a teaching hospital a juristic person capable of being sued in its name?

    Is a teaching hospital a juristic person capable of being sued in its name?

    IN THE COURT OF APPEAL
    IN THE ENUGU JUDICIAL DIVISION
    HOLDEN AT ENUGU
    ON THURSDAY, 22ND FEBRUARY, 2018
    BEFORE THEIR LORDSHIPS:
    HELEN MORONKEJI OGUNWUMIJU

    J.C.A
    TOM SHAIBU YAKUBU J.C.A
    MISITURA OMODERE BOLAJI-YUSUFF J.C.A
    SUIT NO: CA/E/170/2017

    BETWEEN
    ENGINEER EMMANUEL CHUKWUEMEKA OKEKE
    – APPELLANT(S)

    AND
    NNAMDI AZIKIWE UNIVERSITY
    TEACHING HOSPITAL
    -RESPONDENT(S)

    LEAD JUDGMENT DELIVERED BY HELEN MORONKEJI OGUNWUMIJU, J.C.A.

     

    Brief facts of the case

    Engineer Emmanuel Chukwuemeka Okeke (Appellant) entered into a consultancy agreement with Nnamdi Azikiwe University Teaching Hospital (Respondent). Unfortunately, a dispute arose between the parties to the consultancy contract and in accordance with paragraph 20.0 of the contract; the dispute between the parties was referred to an arbitrator appointed by the President of the Nigeria Institute of Arbitrators. Both parties to the contract participated fully in the arbitration process. Upon completion of the arbitration, the sole arbitrator-Architect Azike Diribe made an award on 26th of March 2015 and Additional Award made on the 6th of May 2015 totaling the sum of N25, 347,174.52 in favour of Engineer Okeke.

    The arbitral award remained unpaid hence, on 19/4/16 the Appellant as applicant instituted an action by way of Originating Application to enforce the award against the Respondent at the trial Court.

    Upon receipt of the Originating Application for enforcement of the Arbitral Award, the Respondent, via a motion on notice dated 11/5/16, raised an objection to the jurisdiction of the trial Court to enforce the arbitral award against the Respondent, claiming that the Respondent is a non-juristic party. It was argued that the proper party should have been Nnamdi Azikiwe University Teaching Hospital Board of Management which is the juristic person capable of suing and being sued in its corporate name.

    The Appellant, in response, filed a counter affidavit to the motion of the Respondent, stating that all agreements entered into by both parties bear the name of the Respondent in which it was sued- Nnamdi Azikiwe University Teaching Hospital.

    The learned trial judge, in his ruling, struck out the suit on the ground that the Respondent cannot be sued as the Respondent is a non-juristic person.

    Aggrieved by the trial Court’s Ruling, Appellant filed this current appeal.

    Issues(s) for determination

    The issues for determination as formulated by the Appellant and adopted by the Court are:

    1. Whether Nnamdi Azikiwe University Teaching Hospital is a juristic person capable of being sued in its name.
    2. Whether an arbitral award can be challenged after three months of its delivery.

    Appellant’s submission

    Issue one- Whether Nnamdi Azikiwe University Teaching Hospital is a juristic person

    The crux of Appellant’s argument is that Nnamdi Azikiwe University Teaching Hospital is a corporate body vested with a legal personality having the power to sue and be sued in its corporate name according to Section 1 of the Nnamdi Azikiwe University Teaching Hospital Act, Cap N 141 LFN 2004 (2018) LPELR-43781(CA).

    To the appellant, the intent of the makers of Section 2 of the Nnamdi Azikiwe University Teaching Hospital Act 2004 is to vest legal personality on the Board of Management separate from the University Teaching Hospital, which makes Nnamdi Azikiwe University Teaching Hospital Board of Management a juristic person capable of suing and being sued in its corporate name, and can also acquire, hold, and dispose of immovable property.

    Appellant maintained that the cause of action in this appeal is against Nnamdi Azikiwe University Teaching Hospital and not the Nnamdi Azikiwe University Teaching Hospital Board of Management as all the agreement entered into by the Appellant and the Respondent in the instant case disclose the name of the Respondent as Nnamdi Azikiwe University Teaching Hospital and not Nnamdi Azikiwe University Teaching Hospital Board of Management. It was further argued that the Respondent actively participated in the arbitration proceedings in the name it was sued and it was against that name that the Arbitral Award was given. And that the Respondent, having dealt with the Appellant in the name it presented, cannot turn around to say it is not a juristic person.

    ISSUE 2- Whether an arbitral award can be challenged after three months of its delivery.

    Appellant’s argument in respect of issue 2 is that the award in this matter was made on 26/3/15 and an additional award was made on 6/5/15. This suit having being brought to enforce the said awards more than a year after the additional award was made by the arbitrator, Appellant submitted that there cannot be a valid objection to the application for registration of the award. Appellant argued further that the Respondent’s application challenging the jurisdiction of the Court is an attempt aimed at stealthily setting aside the enforcement of the arbitral award, despite the fact that the limitation period for objecting to the arbitral award has expired.

    Respondent’s argument

    ISSUE ONE- Whether Nnamdi Azikiwe University Teaching Hospital is a juristic person

    In this regard, Respondent’s argument is that the issue of jurisdiction is fundamental in any legal proceeding, and must be determined first before any step can be taken in a matter.

    The pith of Respondent’s argument is that Section 1 of the Nnamdi Azikiwe University Teaching Hospital Act relates to the renaming of the Anambra State University of Technology Teaching Hospital Management Board, but did not vest juristic personality on the renamed Teaching Hospital (the Respondent).

    Respondent argued that the principles of “expressio unius est exclusio alterius” applies in the instant case, in that, having expressly conferred juristic personality on the Board, the intention to exclude other parties under the Act from having such capacity can be inferred, more especially where no functions or duties were assigned to the said Respondent under the Nnamdi Azikiwe University Teaching Hospital Act, 2004.

    ISSUE 2- Whether an arbitral award can be challenged after three months of its delivery.

    It was Respondent’s argument that their preliminary objection does not relate to the validity or otherwise of the arbitral award itself, but on the legal status of the party against whom the award was made. Further, that the objection to the juristic personality of the Respondent was raised at the arbitral proceedings but was not dealt with on the face of the record.

    Respondent argued that the objection that the Respondent is not a juristic person relates to the competence of the suit, and it relates to the issue of whether or not the trial Court has jurisdiction over the matter. Respondent reiterated that the issue of jurisdiction can be raised at anytime.

    Respondent proceeded that although the argument that the challenge that to the arbitral award was out of time was raised at the lower Court, the lower Court struck out the suit for the enforcement of the arbitral award on the ground that the named Respondent to the suit is not a juristic person.

    Court’s opinion

    ISSUE 2- Whether an arbitral award can be challenged after three months of its delivery.

    The Court reinforced the long standing legal principle that a party who has a right to commence or defend an action in Court must be a person known to law, be it a natural person or a creation of statute.

    The Court perused the relevant provisions of the Nnamdi Azikiwe University Teaching Hospital Act 2014 and posited that while the Act created and re-named the university the Nnamdi Azikiwe University Teaching Hospital, it gave only the Management Board of the Teaching Hospital juristic personality and the power to sue and be sued in its corporate name.

    Contrary to the Appellant’s contention, the Court held that even though the Act created the Nnamdi Azikiwe University Teaching Hospital, the Teaching Hospital in itself is not different from the Management Board and thus cannot sue or be sued in its separate name.

    The Court distinguished juristic personality from misnomer of parties. According to the Court, it is not the specific name under which a person is sued that decides whether or not the person is a juristic person. Rather, it is whether or not a natural person exists who bears that name or a similar name or had in fact hitherto bore that name. On the other hand, a misnomer was described as occurring where the natural or legal person actually exists but a wrong name is used to sue. The Court then classified this case as one of misnomer wherein the Appellant merely got the appropriate name wrong. Adding that there is no doubt that the wrong description of the Respondent has neither misled the Respondent nor cause miscarriage of justice.

    Although the Statement of Defence at Arbitration raised the issue of the non juristic personality it was later abandoned as both parties participated fully at the arbitration proceedings as the Respondent had submitted fully to the jurisdiction of the Arbitral Tribunal and even paid the sum of N2,067,500.00 being its own share of the cost of Arbitration.

    The Court concluded by saying that the argument put up by the Respondent and accepted by the learned trial judge that the contract is void because the Respondent as named is not a legal entity smacks of an overt show of bad faith which cannot hold.

    ISSUE 2- Whether an arbitral award can be challenged after three months of its delivery.

    Upon weighing the parties’ argument on this issue, the Court posited that there is no challenge to the award itself by the Respondent. However, the Court refuted Respondent’s argument that the objection to the enforcement of the award is not an attempt to set aside by stealth, the award.

    The Court pointed out that if indeed, the Respondent were aggrieved by the fact that they were not proper parties to the award or the sums awarded, they were wrong to have folded their hands from when the additional award was made on 6/5/15 till 19/4/16 when the summons was issued to enforce the award. the Court concluded by saying that Section 29 of the Arbitration and Conciliation Act 2004 is enforceable to prevent the Respondent from trying to set aside the award by subterfuge in the circumstances of this case. There the failure to challenge the legality or merit of the award within 3 months as provided by the Act prevents the Respondent from doing so by the time it did.

    Held

    Both issues formulated for the determination of this appeal were resolved in appellant’s favour. Thus the appeal was allowed.

    The Court further held that the circumstances of this case are such that unnecessary hardship would be visited on the Appellant if the case is sent back to the trial Court. The motion filed by the appellant on 10/4/16 was thus found meritorious and granted as prayed.

    Judgment was entered in terms of the arbitral award in respect of the total sum of N25,347,174.52 in favour of the Appellant to be paid by the Nnamdi Azikiwe University Teaching Hospital Board of Management. N100,000 costs was also awarded to the Appellant against the Respondent.

     

    • Copyright: (2018) LPELR-43781(CA)

     

  • Lagos Judiciary, EFCC partner for effective justice administration

    Lagos Judiciary, EFCC partner for effective justice administration

    By Adebisi Onanuga

    The Chief Judge of Lagos State, Justice Kazeem Alogba, and the Economic and Financial Crime Commission (EFCC) in Lagos, are set to ensure the smooth running of the administration of justice system in the state.

    The decision was taken when the EFCC Head, Lagos Zonal Office, Hammed Ghali, and his team  visited  Alogba at the Ikeja High Court.

    The CJ assured the anti-graft commission of the judiciary’s continued support, to restore confidence in justice administration in the state.

    He commended the efforts of Ghali since assumption of office in Lagos State and applauded the innovative style to set up dedicated emails to bridge the communication gap as well as the appointment of a Liaison Officer to collaborate with the Chief Registrar, to drive good justice system in Lagos State.

    These initiatives, according to the Chief Judge, is a step in the right direction and would make the judiciary and the commission work seamlessly in the discharge of their duties.

    Justice Alogba told the commission that the judiciary was awaiting to get more allocation for judges in Lagos, considering the increase in filing of cases.

    He identified the various challenges facing the judicial system but assured that work was ongoing to address them and ensure that the justice administration system is at its best.

    “We have had various challenges since the year ranging from coronavirus lockdown, the #EndSARS saga and JUSUN strike, which all had great effects on most of the courts and in turn resulted in devastating effect on the administration of justice system in the state.

    “We are working on how best to get things done as fast as possible, we will continue to support the Commission to restore back the confidence in the justice administration system,” he said.

    Responding, Ghali said the commission is working tirelessly to ensure a good justice system is put in place in the state, pledging his total commitment to ensure same.

    “This is why we have set up a centralised email to bridge the communication gap and appointment of a Liaison Officer to collaborate with the Chief Registrar for effective synergy with the judiciary.”

    He pleaded with the Chief Judge to expedite action on pending cases, and in filing/assigning of more judges to upcoming fresh cases bordering on financial crimes.

    He expressed his appreciation to all Lagos State judges for their efficient and effective handling of financial crime cases allotted to them.

  • Jurists honour Candide-Johnson at valedictory court session

    Jurists honour Candide-Johnson at valedictory court session

    The Lagos State Judiciary has held a Valedictory Court Session for Justice Babajide Candide-Johnson who retired Sunday, June 27, having attained the mandatory 65 years of age, reports ADEBISI ONANUGA

    Encomiums poured like a torrent of rain last Friday for a distinguished judge of Lagos State Judicary, Justice Babajide Candide-Johnson who bowed out of the bench last Friday.

    Mr  Candide-Johnson retired from the Lagos Judiciary on June 27, 2021 – his birthday – having attained the mandatory retirement age of 65years.

    The event, held at the premises of the high court of Lagos State, attracted judges, magistrates, lawyers and other stakeholders in the justice sector. Among the dignitaries that graced the ceremony were a former Jurist of the Supreme Court, Justice Bode Rhodes-Vivour and the Oyo State Attorney-General and Commissioner for Justice, Prof Oyelowo Oyewo.

    Chief Judge of Lagos State, Justice Kazeem Alogba said Justice Candide-Johnson served the Lagos Judiciary for 20 years “and served meritoriously.”

    Alogba described Candide-Johnson as a brilliant, hard working, meticulous and fearless judge, an intellectual who delivered judgments without fear or favour.

    Candide-Johnson was Head of the Family Court when he retired.

    Justice Alogba also used the platform to clear ambiguity surrounding judges’ vacation.  He said the state’s  judges will not go on long vacation this year.  Rather they would be allowed to go on four weeks’ vacation.

    By procedural rules of high court,  the annual long vacation of judges of Lagos Judiciary lasts about eight weeks and is usually fixed for between  July and September.

    A Senior Advocate of Nigeria (SAN), Chief Bolaji Ayorinde, had in a letter to the Chief Justice of Nigeria (CJN) Ibrahim Tanko Muhammad and the National Judicial Council (NJC),  suggested a cancellation of long vacation for judges nationwide to enable courts clear the backlog of cases in their dockets which piled up over time.

    Ayorinde  stated that the suspension was necessary in the interest of those who are languishing in detention and awaiting trial.

    He also stated that many cases have suffered inordinate delay due to last year’s #EndSARS protests, the COVID    -19 pandemic and the recently suspended strike embarked upon by the Judiciary Staff Union of Nigeria (JUSUN).

    Justice Alogba argued that even during the pandemic, most magistrates courts in the state were sitting while judges were delivering judgements virtually.

    He also noted that during the #EndSARS protest a number of the judges watched their properties being burnt by protesters at the Lagos High Court,  Igbosere.

    “The trauma is still there with us. You can’t imagine how it would affect the psyche. Our Judges were under a lot of trauma.

    “We will not take a full vacation, but we will go for four weeks. The reason for going on vacation is not from arrogant position but from informed position.

    “We will go on a brief vacation and come back refreshed to take on the task ahead”, he said, noting that it was only on Thursday that the Lagos State Government handed over the new Osborne Road, Ikoyi Court House to the state judiciary.

    Lagos State Attorney-General and Commissioner for Justice, Moyosore Onigbanjo, SAN, said he had known Justice Candide-Johnson for over 20 years and described the honouree as a man full of humour and intellect. He said given the jurist’s intellect and meticulousness, he was not surprise when Candide-Johnson was appointed to the bench of Lagos State.

    “While on the bench, Justice Candide-Johnson exhibited intelligence, creativity and diligence. He was an exemplar of what a judge should be,” the AG said, adding that the judiciary was the better for it.

    To buttress his view that Candide-Johnson was fearless, he recalled a case in which he upheld the claim of a widow deprived of her husband’s property by the family. He prayed that the retiree would enjoy a healthy retirement from the bench.

    Life Bencher, Dr Chuka Agbu, SAN, who represented the Body of Benchers, described Justice Candide-Johnson as an epitome of justice given the value of productive years served in the Lagos Judiciary.

    Agbu said the honouree had a reputation for service and one who dispensed justice in accordance with the dictates of the law.

    “A courageous judge with good character. He is a testimony of impeccable upbringing. Underneath all this lies a man of integrity. He has written his name in the sands of time in the history of Lagos and Nigerian judiciary.”

    Joe-Kayari Gadzama, SAN, representing the Body of SANs (BOSAN) described Candide-Johnson  as “a courageous and intellectually given person”.

    Ademola Akinrele, SAN, who Gadzama asked to also speak on behalf of BOSAN said Candide-Johnson  exuded a lot of confidence on the bench, was intellectual and compelling in his language and transparent in terms of his judgments.

    He said there were no questions asked on his judgments because they are ”deliverd by the laws,” noting that though the honouree was a man of few words, he spoke with candour and “carried out  his duty as a knowledgeable judge.”

    The Nigerian Bar Association (NBA) Chairman for Epe, Ademola Koko who was represented by Olayinka Olasewere congratulated the honouree and wished him a healthy retirement.

    Chairman, NBA Lagos branch, Ikechukwu Uwanna said the honouree would be remembered for his legacy of service of legacy to the Lagos Judiciary.

    Chairman NBA Ikeja, Batholomew Aguegbodo praised the jurist for the quality of judgments he always delivered, noting that by the time a counsel left his court, “you would be satisfied that justice had been served.”

    Chairman Ikorodu NBA, Abimbola Ojedokun, whose first contact with Justice Candide-Johnson was in the chamber of Prof Taiwo Osipitan, SAN, described him as a consummate bar man, saying he loved his sense of dressing and meticulousness.

    NBA Badagry Chairman, M.A. Salawu extolled the judge’s diligence and knowledge of the law noting that as a lawyer, one must be fully prepared to appear before him.

    Responding, Justice Candide-Johnson said he was satisfied and fulfilled as he goes into retirement.

    “For some, the fear of NJC was the beginning of wisdom. For me,  it is not once you have served faithfully and dispense justice without fear or favour, “ he added.

    He thanked the judiciary for the opportunity to serve on the bench and his colleagues for their support.

    His brother, Yemi Candide-Johnson, SAN, praised the honouree for his sense of humour  and for mentoring him.

    He noted that he distinguished himself and did not soil the family’s name while on the bench.

  • Deaconess, alleged accomplice charged with impersonation

    Deaconess, alleged accomplice charged with impersonation

    By Robert Egbe

    A woman accused by the police of impersonating her employer and forging his signature was yesterday re-arraigned before an Ogba Magistrates’ Court in Ikeja, Lagos.

    Olaide Olukanni, 34, was charged before Chief Magistrate E. Kubeinje alongside her alleged accomplice, Sikiru Lawal, 39.

    Olukanni, said to be a deaconess, was first arrested last February by the Area ‘G’ Command, Ikeja, Lagos on the allegation that she impersonated her boss, Mr Abiodun Esan and forged his signature.

    She was arraigned on a three-count charge of impersonation and forgery under sections 78(b) 365 (1) and (2) of the Criminal Law of Lagos State, 2015.

    The defendant pleaded ‘not guilty’ was granted bail.

    But, following a fresh petition from three complainants which led to Lawal’s arrest on the allegation that he was her accomplice, the police prepared a fresh charge against the duo.

    Olukanni, of 11, Mokore Street, Warewa, Ogun State and Lawal, 39, were brought before the same court on a six-court charge of impersonation, forgery and conduct likely to cause breach of peace.

    Police counsel Bisi Ogunleye informed the court in a charge marked MIR /D / 2021 that the defendants committed the offences in May, 2019 at Kayode Street, Ogba, and in November, 2020 at Oke-Ira, Ogba, Ikeja.

    Ogunleye alleged that both defendants, besides impersonating Esan and forging his signature, also forged his seal and survey plan and used it to process fake survey plans for numerous clients.

    The police also claimed that in the process, the defendants collected the sum of N120,000 from one Tunde Oyediran under false pretence.

    The court heard that the defendants also allegedly falsely represented themselves as “Surveyor Abiodun Esan” to one Azeez Olasupo with intent to defraud him and also forged the signature of a Surveyor, S.W Fatoye.

    Ogunleye said the offences contravened sections 411, 365 (1), 380 (11) 168 (1) and 314 (1) of the Criminal Law of Lagos State, 2015.

    Olukanni and Lawal both pleaded “not guilty.”

    Mr Kubeinje granted each defendant N200,000 bail with two sureties each, one of who must own a property within the court’s jurisdiction.

    He adjourned further proceedings till August 4.

     

  • Eulogies as Industrial Court celebrates Justice Amadi’s Appeal Court appointment

    Eulogies as Industrial Court celebrates Justice Amadi’s Appeal Court appointment

    By Eric Ikhilae, Abuja

    It was a harvest of tributes last Friday as colleagues, associates, friends and family members took turns to eulogise Justice Kenneth Ikechukwu Amadi, who was among the recently inaugurated 18 Justices of the Court of Appeal.

    Speakers at the dinner and night of tributes, held by the National Industrial Court of Nigeria (NICN) in honour of Amadi, the first judge of the court to be elevated to the Court of Appeal, were unanimous that Amadi is an articulate, hardworking and an incorruptible judicial officer, who should be emulated by all.

    They Deputy Chairman of the National Judicial Council (NJC), Justice Mary Peter-Odili, who led a number of Justices of the Supreme Court to the event held on July 9, said Amadi as a diligent and committed judge.

    Describing him as a brother, Peter-Odili recalled how Amadi, as the Chairman of the Mbaise branch of the Nigerian Bar Association (NBA), honoured her late father by naming the branch’s Bar Centre after him (her late father).

    The President of the Court of Appeal (PCA), Justice Monica Dongban-Mensem, who hailed Amadi’s elevation to the appellate court, said “we, at the Court of Appeal, are delighted to have him among us, because of the wealth of experience he is bringing with him.”

    The PCA commended the President of the NICN, Justice Benedict Kanyip for his role in Amadi’s elevation, noting that he (Kanyip) nominated three judges of his court and, “never, at any point, indicated preference for any candidate. All he wanted was to see that NICN too is represented on the Court of Appeal’s bench.”

    Kanyip noted that with his elevation, Amadi has made history, noting that he broke the jinx by being the first judge of the NICN to be elevated to the Court of Appeal.

    Speaking on his role in Amadi’s elevation, Kanyip said: “Although we had three persons recommended by the Federal Judicial Service Commission (FJSC) to the NJC’s interview panel, only Justice Amadi made it.

    “This places a huge burden on you, because if you don’t represent us well, you have effectively shut the door for others. So, the burden on you is to represent us very well so that others can come behind you.”

    The Chief Judge of the Federal High Court, Justice John Tsoho, who described Amadi as an ambassador of the NICN at the Court of Appeal, urged him to justify the confidence reposed in him and advised that he should not detach himself from his root, being the NICN.

    The immediate past President of the NICN, Justice Babatunde Adejumo (rtd), who said he employed Amadi as a judge of the NICN, noted that while in service, Amadi was very close to him among the judges in the court, because he is incorruptible and very hardworking.

    “He is very articulate. He has distinguished himself since his appointment. I know about two or three occasions when people brought money to him, because they wanted to influence his decision. And, he came to me to tell me about it and I told him that I have heard about it, but was only waiting to see if he would collect the money or not. But he did not collect,” Adejumo said.

    He urged other judges of the court to work hard and do everything humanly possible to discharge their responsibilities diligently to enable their consideration in future elevation exercise.

    The Chief Registrar of the NICN, Olurotimi Williams Daudu equally eulogized Amadi and prayed for God’s continuous guidance and protection as he climbs the judicial ladder, noting that his absence would be felt by staff of the court.

    Responding, an elated Amadi said he was humbled by the array of persons and dignitaries, including Justices of the Supreme Court and Court of Appeal, Senior Advocates of Nigeria, among others, who turned up for the event.

    Amadi assured that he would remain committed to service to fatherland and would not betray the confidence reposed in him by his elevation to the appellate court’s bench.

    Also at the event were retired Justice of the Supreme Court, Justice Kumai Akaahs, Justices Olukayode Ariwoola, Inyang Okoro, Ejembi Eko, Abdul Aboki and Mohammed Garba (all of the Supreme Court), Alex Iziyon, Damian Dodo, Akinlolu Kehinde and Joe Kyari Gadzama (all Senior Advocates of Nigeria), among others.

  • Election tribunal judgment: Odey, Agi, Jerigbe head for Appeal Court

    Election tribunal judgment: Odey, Agi, Jerigbe head for Appeal Court

    By Nsa Gill, Calabar

    Senator Steven Odey, Joe Agi (SAN) and Agom Jarigbe have approached the Appeal Court to challenge the election tribunal judgment which affirmed Odey as the winner of the December 5, 2020 by-election for the Cross River North senatorial district.

    Odey and Jarigbe are both of the Peoples’ Democratic Party (PDP), while Agi was the undisputed candidate of the All Progressive Congress in the by-election.

    The tribunal judgment was delivered on June 18, 2021.

    Despite the decision being in his favour, Odey contended that there were particulars of error in the judgment, relating to the allegation of submission of false information in aid of his qualification.

    On his part, Jarigbe asked the appellate court “to determine who was the rightful candidate of the PDP in the by-election.”

    He also asked that he should be declared duly nominated and sponsored in the by-election as well as a declaration that the certificate of return issued Odey is a nullity.

    On Agi’s part, he gave 10 grounds for challenging the tribunal’s judgment.

    He averred, among others, that the tribunal “wrongly held that the grounds of the petition were pre-election matter, without taking into cognizance the decisions of the Supreme Court and the Court of Appeal in the following cases which were indeed brought to the attention of the Tribunal by the Appellants, Viz: PDP V. INEC (2014) 17 NWLR (Pt. 1437), FALEKE V. INEC (2016) 8 NWLR (Pt. 1543) and APC V. OHARISI (2019) LPELR – 48924 (CA).”

    He further averred that that tribunal judges misdirected themselves in law when they held that “We did not find where the Court nullified the Certificate of Return to the 1st Respondent (Odey)”.

  • Woman remembers slain grandson 19 years after

    Woman remembers slain grandson 19 years after

    By Joseph Jibueze

    The grandmother of the late Nnamdi Ekwuyasi, who was killed by the policeman 19 years ago, has called for an end to extra-judicial killings.

    She also wants law enforcement agencies to be held accountable for such killings.

    The late Ekwuyasi and Morakinyo Akerele, both undergraduates of the University of Lagos, were killed by a policeman at Falomo Junction, Ikoyi, Lagos.

    The two, along with two other students, were driving in an Opel Omega car belonging to Akerele’s mother when they were stopped by a team of policemen at the junction.

    The students had gone to Ikoyi from Festac Town to drop off a younger brother of one of them.

    They had arrived at the Falomo junction at about 8.56 pm and, as the driver made a turn into Bourdillon Road, he was flagged down by the policemen.

    One of them pointed to where they should park. As the driver made to park, another officer pointed in a different direction.

    Then the driver decided to move a bit forward because of another vehicle coming behind. At that point, two officers emerged.

    Suddenly, shots were fired. Ekwuyasi was shot at the back of his head and died immediately. After the shooting, the policemen fled the scene, leaving Akerele who was bleeding profusely.

    Passersby took Akerele to the General Hospital, but the doctors refused to attend to him except a police report was provided. After a long delay, the boy died.

    The families of the duo wrote a petition to the then Inspector-General of Police, Mr Tafa Balogun. The IG directed the then Commissioner of Police in Lagos, the late Young Arebamen, to investigate the matter.

    In the course of the probe, it was discovered that the policeman who pulled the trigger was one Corporal serving under MOPOL 5 Benin City, Edo State, who was in Lagos on a special assignment.

    No one has been prosecuted for the murder of the two students, according to Convener of the Access to Justice, Mr Joseph Otteh, who is familiar with the matter.

    The 93-year-old grandmother, Mrs C. M. Obeya has not forgotten how the life of her grandson was cut short.

    In a statement issued through Otteh, she said: “I remember my grandson Nnamdi Ekwuyasi (19) who was murdered extrajudicially by men of Operation fire for fire on June 22, 2002.

    “The Lagos State government gave me N100,000 for his funeral and burial expenses, which I donated to the police for their welfare because the police needed the gift most.

    “But today Nnamdi, my heart bleeds to see the youth of this country going through the same experience and their mothers sob in silence.

    “I am using his remembrance day to plead to society to stop the killing of our creator’s precious gifts to humankind.”

    In a tribute to the late Ekwuyasi, Madam Obeya writes: “You have only become part of mother nature because no man can destroy the handwork of God.”

  • Akinseye-George tasks govt on improved welfare for judicial officers

    Akinseye-George tasks govt on improved welfare for judicial officers

    By Eric Ikhilae, Abuja

    A Senior Advocate of Nigeria (SAN) and Professor of Law, Yemi Akinseye-George, has urged the Federal Government to work on ways to urgently improve the welfare and work conditions of judges.

    Akinseye-George, who argued that the Judiciary would only effectively discharge its constitutional responsibilities where the salaries, allowances and retirement benefits of judicial officers were adequate, advocated a collaboration between the Fed Govt and the National Judicial Council (NJC) to provide befitting retirement houses for all judges.

    “This can be achieved not only by providing more resources but also through improved oversight, better management and greater accountability for the use of resources allocated to the judiciary. The NJC must put in place measures to improve transparency and prudence in the allocation and use of scarce resources.

    “The anomaly of providing a retirement house worth over N1billion for each Chief Justice of Nigeria at the retiring age of 70 years whilst no provision is made for the remaining Justices of the court and other judges must be urgently corrected,” Akinseye-George said.

    He spoke in Abuja at a workshop on the proposed National Minimum Standard (NMS) for the implementation of the Administration of Criminal Justice Act and Administration of Criminal Justice Laws (ACJA/ACJLs) held on June 29.

    Commending the government for the increase in the number of judges at all court levels, Akinseye-George, who is the President, Centre for Socio-Legal Studies (CSLS), urged the Judiciary to ensure a partial observance of this year’s annual long vacation in view of the disruptive effect of the recent two-month strike by court workers on court activities.

    “The increases in the number of judges and justices may not bring about significant improvement in justice delivery unless the 2021 annual vacation of courts is staggered. We, therefore, recommend that only about 50 per cent of the courts should proceed on the usual annual vacation this July, while the remaining 50 per cent should remain at work and only proceed on vacation when the first 50 per cent on vacation have returned to work.

    “By so doing, normalcy would quickly return to the system and the losses caused by the JUSUN strike would be recovered before the next Annual Vacation in July 2022.”

    The silk urged the National Assembly to disregard the proposal seeking to expand the scope of Islamic Law beyond its current personal application.

    He said: “We have already made our views known on the attempt to enlarge the scope of Islamic Law beyond the current provisions of sections 262 and 277 of the Constitution which clearly provides for the application of Islamic personal law to civil proceedings. In our considered view, there is no justification to delete the word ‘personal’ from the phrase Islamic Personal Law.

    “The National Assembly should not create further confusion in the polity by tampering with the secular character of the Constitution. The right of all Nigerians to freedom of worship and freedom from discrimination must remain sacrosanct.”

    Akinseye-George advised Akwa Ibom, Borno, Niger, Taraba and Zamfara states that have not enacted the ACJL to urgently do so and for Lagos State House of Assembly to fast tract the ongoing review of its ACJL 2011.

    He explained that the event was to provide an update on efforts towards the establishment of the proposed National Minimum Standards (NMS) for the implementation of the ACJA/ACJL and to receive further inputs from fellow cohort members and other stakeholders into the NMS process.

    The workshop, he added, was also meant for stakeholders to discuss the various amendments proposed to the ACJA 2015 and for the recognition of a member of House of Representatives (representing Etinan/Nsit Ibom/Nsit Ubium Federal Constituency), Onofiok Luke ”for his proactive legislative work and unrelenting advocacy in the House for the reform of criminal justice administration in the country.”

  • NBA, right groups urged to enforce gun-shot victims laws

    NBA, right groups urged to enforce gun-shot victims laws

    By Adebisi Onanuga

    The Crime Victims Foundation of Nigeria (CRIVIFON) is seeking the enforcement of the law mandating doctors and hospitals to treat gunshot victims without a police report.

    CRIVIFON Executive Director, Gloria Egbuji, urged the Nigerian Bar Association (NBA), Civil Society Organisations and other human rights organisations to be more involved in the process.

    She warned that failure to do so could lead to more lives being lost through inhuman attitude of medical staff in some hospitals.

    Mrs Egbuji stated this in a statement issued in Lagos titled: “Rejection of gun-shot victims by hospitals: CRIVIFON calls for prosecution of offenders.”

    Her concern followed the increasing spate of death of gunshot victims due to refusal of doctors and hospitals to treat them without a police report.

    CRIVIFON called for the prosecution of hospitals and medical staff who reject such victims contrary to Section 2 of the Treatment and Care For Victims of Gun-Shot Act 2017.

    Egbuji noted that such doctors and hospitals were breaching the provisions of the law, thereby exposing themselves to criminal and civil liability.

    The foundation described the demand for police report before treatment as totally unnecessary because the law now empowers hospitals to commence treatment before filing a police report.

    It therefore called on the Inspector General of Police (IGP) and the Commissioners of Police to fish out all such offending or negligent hospitals and their medical staff for prosecution in order to reverse this ugly trend.

    Acknowledging the concerns of hospitals and doctors who complain about police harassment, the foundation  emphasised  that such rogue policemen are acting against the law and should be reported immediately to their superiors rather than allow them intimidate hospitals into flouting the  law and causing unnecessary loss of lives.

    CRIVIFON also urged the Nigerian Medical Association (NMA), the Medical and Dental Council of Nigeria (MDCN), Association of General and Private Medical Practitioners of Nigeria (AGPMPN) and other health sector bodies to educate their members on the need to obey the Compulsory Treatment and Care for Victims of Gun Shot Act 2017 2017.

    The Foundation noted the deaths from gunshot wounds of gospel music producer Ebenezer Ayeni and 32-year-old accountant Odiri Onosigho, allegedly involving police report concerns.

    It wondered why the NMA and the MDCN have been mute over such abnormal and illegal practices by medical professionals.

    In acknowledging that there may be other reasons why hospitals found it difficult to manage some patients, such as funding or competence, CRIVIFON called for a conference of medical associations, the Police and Civil Society where those issues could ‘be discussed and practical solutions proferred to avoid further loss of lives.