Ms. Abiola Abiodun is an international mediator with multiple accreditations from the Lagos Multi-door Court House and the Institute of Chartered Mediators and Conciliators. She is also a certified Mediation Advocate with the Standing Conference of Mediation Advocates (U.K) and a certified Online Dispute Resolution Practitioner with both the International Council for Online Dispute Resolution (ICODR), USA and ADRpoint Europe. In this interview with ADEBISI ONANUGA, she explains why deliberate efforts are being made to encourage litigants to embrace Alternative Dispute Resolution (ADR) mechanisms instead of litigation as a first option and the role of mediation in conflict resolution amongst other sundry issues.

What is mediation?

Simply stated mediation is assisted negotiation/ intervention by a neutral third party with the aim of reaching an amicable resolution. It is popularly referred to as win-win outcome.

What is Mediation advocacy and who is a mediation advocate?

It is the skilled technique of presenting and arguing a client’s position, needs and interests in a non-adversarial manner during a mediation by a certified individual who is called a Mediation Advocate/Advisor. It involves putting the client’s case as persuasively as possible, both to the other side and the mediator. In Nigeria, mediation advocates are trained by the Standing Conference of Mediation Advocates(SCMA).

On the other hand, a mediation advocate /advisor is an SCMA trained professional who presents and argues a client’s position during a mediation. A certified mediation advocate/  advisor assists parties to achieve a negotiated outcome to a dispute which is usually more satisfying, more effective, more workable, more flexible and more durable than an order imposed by a court or other tribunals. To further clarify, a lawyer is referred to as a Mediation Advocate, whilst other professionals who undergo the training are referred to as Mediation Advisors for example an accountant or an architect.

Why is mediation now being promoted more above courts for litigants?

It is because mediation has many benefits. I will list a few to save time. It significantly reduced costs, has significantly shorter time frame, it is non-adversarial and non judgmental. In addition, parties are always in control of the outcome, helps to preserve relationships. Mediation is totally confidential, it is carried out “without prejudice” and always leaves other options open. It also promotes use of creative solutions and aids constructive dialogue among other benefits. So with all these, the question should actually be why not mediation ?

Does mediation help in conflict resolution?

My answer to that is a resounding Yes.!!! According to P.T Coleman, “successful peace processes are less about agreements per se and more about how disagreements are allowed and managed.” I can confidently attest to the fact that over 80 percent of cases brought to the mediation table get settled, terms of agreements are signed by satisfied parties. During a session, the mediator asks questions that assist the parties in gaining clarity throughout the process.

How true is the saying that mediators don’t advise parties?

The ethics of the profession bars neutrals/ mediators from giving advice. Mediators who are lawyers may state the position of the law in situations where the parties seek clarification. Where a mediator does give legal information (cases, statutes, tax laws, procedure, support guideline calculations), they are advised to seek proper legal counsel from their personal lawyers or mediation advocates.

Do you see mediation replacing litigation in the future?

That future is now. Mediation can be likened to taking out an insurance policy thus maintaining an amicable situation between all parties. It explores creative avenues for parties. The use of mediation can be a transformative experience that improves the interaction and lives of the parties as opposed to litigation where there is a winner and a loser. Having said that, no Mediation will not be replacing Litigation, it is an appropriate option instead of litigation in cases that are amenable to Mediation. It is an indispensable process that will greatly assist parties and the courts in timeous resolution of conflict/dispute. I also see it as a tool that when properly assimilated in the adjudication of justice will eliminate the clog in the court dockets.

There are other types of ADR, Why is your focus on mediation ?

The simple truth is, I have experienced firsthand the benefits of mediation, for me it is a way of life, a culture a mindset. Mediation empowers parties and gives them the avenue to own their decisions. It has a non adversarial, future focused aspect which other forms don’t  possess. For example, parties who were barely speaking, come in for mediation and settle their dispute amicably, they thereafter forge/continue a relationship which booms and is mutually beneficial(win-win). This is one of many scenarios. This scenario would not have been possible in litigation(win-lose) (a common Nigerian adage goes … we don’t go to court and remain friends). Arbitration is a less formal form of litigation and quite expensive.

Can you please shed some light on your local and international trainings?

I am a firm believer in lifelong learning, I always say when we stop learning….we start dying. I am ever open to learning opportunities; these trainings have greatly taught me global best practices in Mediation and Mediation Advocacy, while honing my skills. The trainings have equipped me with the nuts and bolts of mediation and Mediation Advocacy. Currently most of the cases, I handle as a Mediator are with the Lagos State Citizens Mediation Centre, we have the clients  from diverse backgrounds. These span a wide range of disputes; such as paternity claims, employer/employee, landlord and tenant, family and monetary disputes to list a few. Each matter is uniquely different, interesting and enlightening. A lot of issues can be resolved when parties are willing to sit down to address the issues in contention rather than proceeding to litigation as the first option.

Which of the forms of ADR do you find fascinating and more applicable to the Nigerian environment?

A more suitable term is Appropriate Dispute Resolution . Of all the mechanisms that exist in our clime, I find mediation to be the most fascinating and best suited for the Nigerian environment, in view of the overcrowded judicial system, high cost of litigation, protracted court time to list a few. As stated earlier, mediation is future focused and non-adversarial.

Is mediation a binding process?

There is a common misconception surrounding the binding nature of Mediation, to clarify, mediation is a voluntary, non-binding process with a binding outcome. Once parties participate, follow through and amicably agree to certain terms, these terms are distilled and recorded in a document i.e the memorandum of understanding (MOU) or terms of settlement (TOS), which is a binding and enforceable  agreement under the law. The exception to this is where the mediation is court referred, here the parties must attend the mediation as it is deemed an order of court.

Section 15(5) of the Lagos  Multi-Door Courthouse  (LMDC) 2007 provides that, any Settlement Agreement or Memorandum of Understanding duly signed by disputing parties shall upon being filed at the LMDC, be presented to an ADR judge or any other person as directed by the Chief Judge, for enforcement as the consent judgment of the High Court of Justice, Lagos State.

Section 16 of the LAGOS MULTI-DOOR COURTHOUSE (LMDC) 2007 specifies amongst others that it is the responsibility of the Judge of the High Court of Lagos to control and manage effectively proceedings in court and issue orders which would encourage the adoption of ADR methods (in this case Mediation ), including the mandatory referral of parties to explore settlement at the LMDC whenever one of the parties to an action is willing to do so.

Similarly, Section 32 of the TENANCY LAW 2012 provides that in proceedings under the Law, the court shall promote reconciliation, mediation and amicable settlement between parties. By virtue of this provision, the High Court or Magistrate Court may refer tenancy proceedings or any part of it to mediation at the Lagos State Citizens Mediation Centre (CMC) or to the Lagos Multi-Door Courthouse (LMDC).

Further to the above , settlements reached at Mediation are endorsed by the court as consent judgement. This means that the parties are bound by whatever they themselves agree, and such agreement has the full backing of the law.

What effect would you say the pandemic has had on the growth of mediation?

Globally the effects have been far reaching and devastating, it’s been over a year now and we are still attempting to flatten the curve of the Corona Virus. The evolution of Mediation in Nigeria is just beginning as parties are coming to the awareness of its many benefits. Culturally we are a litigious nation, the colonialist mentality and legal education system can be blamed for this. Having said this, there is an ongoing awareness of the benefits of Mediation and other ADR mechanisms. I would say it has had a positive and accelerating effect on mediation and the judicial system as we now have virtual proceedings in line with global best practices. It has also fast tracked the acceptance of online dispute resolution (ODR), which is basically dispute resolution with the aid of technology. I count myself lucky having participated in multiple online trainings as a ODR practitioner. One of these was taught by the god father of Mediation Colin Rule in conjunction with ODRAfrica during the covid lock down of 2020.

There is a need for more awareness, as the journey is just starting. On my social media handles @abbiemediates, I disseminate information on Mediation, ODR , Mediation Advocacy and the global best practices.

You have been a legal practitioner for over 17 years, what advice do you have for young lawyers who are interested in ADR?

They should attain proper certifications, be strategic and make sure to attend ADR /mediation related events, seminars and conferences. Consider affiliations and membership of Mediation institutions and associations. All these will hone their skills, while connecting with other experienced mediators. Mediation is wide, you can choose an area as your niche, by focusing on an area that interest you. Never stop learning, aim to be the most authentic version of yourself and a leader in your field. Understand that as a lawyer, mediator or mediation advocate you are a creative solutions provider. Chart your own path, you are capable of doing great things, maintain good character and don’t forget always add value.

By Adebisi Onanuga

A man, Biola Idris, has been remanded in the custody of Nigeria Correctional Services (NCS)  for allegedly assaulting his wife of 17 years.

The incident occurred on June 16 in Ikorodu area of Lagos.

The act contravenes the Protection Against Domestic Violence Law as well as the Criminal Law of Lagos State, 2015.

The defendant will, however, remain in custody pending perfection of bail conditions.

Idris was charged before Chief Magistrate B.A. Sonuga of an Ita Elewa Chief Magistrates’ Court, Ikorodu on charges bordering on “assault , occasioning bodily harm.”

This was contained in a statement signed on Wednesday by the Coordinator,  Lagos State Domestic and Sexual Violence Response Team (DSVRT), Mrs Titilola Vivour-Adeniyi.

According to her: “on the 16th of June 16, 2021, the survivor reported that her husband of 17 years locked her up in the factory they jointly own, and proceeded to physically assault her.

Read Also: Why Baba Ijesha is still in police custody – Lagos Police

“She sustained grievous injuries in the process and was fearful for her life.

“She was immediately referred for medical attention and the DSVRT assisted her in preserving the evidence of the assault.”

Mrs Vivour-Adeniyi disclosed that it  was not the first time her husband would “physically, emotionally, verbally and economically” abuse her.

She said the Lagos State Domestic and Sexual Violence Response Team referred the case to Owutu Police Station Ikorodu for investigation  and the woman’s husband was arrested and  the case was subsequently charged to Ita-Elewa Magistrate Court , Ikorodu.

The survivor was also referred to receive psycho social support to assist her on her road to healing.

“The state government uses this medium to reiterate the zero tolerance to all forms of Domestic and Sexual Violence even as we are committed in increasing offender responsibility and ensuring justice and protection for survivors”, she stressed.

By Adebisi Onanuga

The Federal government  has hit back at  a rights group,  the Socio-Economic Rights and Accountability Project (SERAP) over its various  litigations against the government of President Muhammadu Buhari.

Minister of Information and Culture, Alhaji Lai Mohammed condemned SERAP over its rights activities, saying that the organisation has turned itself into an opposition political party.

Mohammed spoke  at a Policy Dialogue and Press Conference on Promoting Media Freedom in Nigeria, put together by SERAP and held at Raddison Hotel, GRA,  Ikeja.

The minister, who was represented by the Director of Information, Federal Ministry of Information and Culture, Abuja, Sunday Baba, insisted that SERAP had jumped into the gallery and taken sides rather than remain an advocacy group that it ought to be.

Mohammed said recent activities of SERAP called into question whether SERAP  is still a non- partisan organisation.

“The organisation has suddenly transmitted into an opposition political party.

To support his position,  he said SERAP took government to court over fines imposed on some broadcast organisation by the National Broadcasting Commission (NBC) “without even bordering to understand the broadcasting code.”

He also took up the organisation on two bills before the National Assembly, explaning that the bills are not executive bills but privately initiated.

“I am sure,  SERAP did not attend the public hearing of the bills from all indications but rather chose to play to the gallery and spread misinformation.

Read Also: Twitter ban: SERAP drags Buhari to ECOWAS court

“One would have expected that SERAP would work with the Federal Government to translate the dreams of Nigerians into reality rather than assuming an antagonist position that would do the citizenry no good. “

Responding on behalf of SERAP, the pioneer chairman of the Board of Trustees of the organisation , Richard Akinnola, expressed indignation  over the remarks of the minister on SERAP.

Akinnola said the Alhaji Mohammed would not have said those things against SERAP if he was still in the opposition like it was under former President Goodluck Ebele Jonathan.

“Most of the things he said are rather unfortunate. I rejected them on behalf of SERAP. “

On the two bills before the National Assembly,  Akinnola insisted that government had hands in it adding,  “you can surreptitiously input something into private bills. We know how these things work.”

Akinnola argued that the freedom enjoyed by the Nigerian Press today was not a product of the constitution but that of various litigations and agitations.

He said there was need for the media to expand their rights through judicial pronouncements by going to courts

He advised government to stop making law for today to suit their purposes and to achieve a desired end but to make laws that will be enduring and stand the test of time.

Akinnola noted that most infractions today were committed by state governments, saying that a large number of people are in detention in several states.

He said there are existing laws that can deal with most issues today and that there was no need to make new ones.

He regretted that journalists are still being arrested for sedition in spite of the fact that the law of sedition is no longer in our statute books.

By Chimaobim Ihedi-Obi

A book aimed at dissuading youths from crime, ‘Activate Your Potential’ has been launched in Lagos.

The book authored Mrs Blessing Nsikan, was launched alongside the unveiling of a new foundation, Speak Against Crime Foundation (SACF).

The event held at the Ago Palace Way, Okota, Lagos

Both the book and the foundation were aimed at helping the youth to tap their talents, potential and monetise their passion instead of veering into crime.

Financial Planning and Analysis Manager, Flour Mill of Nigeria PLC, Akinribido Michael, advised the youth to say away from violence and  immoral behaviour.

Quoting former Late President, Dr. Nnamdi Azikiwe, he said: “give me back my youth and I will pay any prize for it”.

He said problem identification and solving would bring about financial freedom to the youth.

He urged the youth to be creative and innovative in order to have a purpose in life and fulfill their destiny.

Speaking on the 92-page book, Akinribido said it will help  the youths  to activate their potentials by understanding their true purpose in life.

He  said the book would also help the youth and teenagers to discover their natural abilities and develop  marketable skill through which they can add value to the society.

He said: “By brainstorming and asking questions, these are ways to activate one’s potentials because we become everything we are by the questions we ask or the questions we answer.

“Potentials talks about your innate abilities, sometimes natural, and sometimes we develop it with exposure or experience and so on and this requires us to fulfill our purpose on earth which is the reason of our existence”.

Nsikan said that the world can benefit from the well of knowledge inside the book, describing it as a catalyst, a voice and an eye opener.

Mrs Nsikan said the book is about discovering oneself, fulfilling purpose and monetising passion because our talents are seeds planted by to grow and benefit the society.

“God has put a seed inside us and that seed is called talent which we will have to grow in order  for people to benefit from it.”.

She said the inspiration of the book came from seeing young people go into crime and suffering, not recognising the untapped God given talents which they have to make a better living and not depend on the government.

“God is not owing anyone, he has given us everything we need. Ignorance makes them go into crime and suffer. This book will help them know that the government is not everything we need, we are supposed to contribute to the economy and solve the problem of humanity by monetising our potentials”.

President SACF, Favour Dakuro, said the aim of the foundation is to prevent crime amongst youths and teenagers in Nigeria.

Dakuro said the perpetrators of crimes in recent times are mostly the youth and teenagers and one of the ways the foundation tackles this problem is to empower the youth to discover themselves and not tilt towards crime.

He said the Alternative Dispute Resolution(ADR) is the approach of the foundation as against taking the youth and teenagers to the court system.

“We offer counseling and also empower them in ways we can. The most important thing is to discover themselves and who they are because the crimes they commit, are using their skills and talents in the wrong way, so we help them channel it into something positive that would help build themselves and the society”.

SAHEED ADESINA v. THE STATE

CITATION: (2021) LPELR-54515(CA)

In the Court of Appeal

in the Ibadan Judicial Division

Holden at Ibadan

ON WEDNESDAY,  JUNE 2, 2021

Suit No: CA/IB/228/2017

Before Their Lordships:

JIMI OLUKAYODE BADA             JUSTICE, COURT OF APPEAL

UGOCHUKWU ANTHONY OGAKWU        JUSTICE, COURT OF APPEAL

FOLASADE AYODEJI OJOJUSTICE, COURT OF APPEAL

Between

SAHEED ADESINA   – Appellant(s)      

And

THE STATE           – Respondent(s)

LEADING JUDGMENT DELIVERED BY FOLASADE AYODEJI OJO, J.C.A.

The Appellant and one Ridwan Ojekunle were charged before the trial Court on a two-count charge of armed robbery and conspiracy to commit armed robbery.The Appellant was accused of conspiring with his co-accused and others at large to rob one Taibat Adunni Orobiyi. TheAppellant who was not physically present during the robbery was arrested during investigation. At the time of his arrest, some of the items stolen were recovered from his house. The Appellant pleaded not guilty to both counts of the charge. The case went on to trial. At the end of the trial, the learned trial Judge found the Appellant and his co-accused guilty on both counts of the charge, convicted them, and sentenced them accordingly.Dissatisfied with the decision of the trial Court, the Appellant appealed to the Court of Appeal.

Issues for determination

Whether the evidence adduced by the prosecution at the trial was sufficient to secure the conviction of the Appellant for the offence of Armed Robbery.

Appellant’s  submission

Appellant’s counsel submitted that a confessional statement will only be admissible if it is made freely and voluntarily and called in aid of his argument the case of ADEKOYA VS. STATE (2012) LPELR – 7815 (SC);and the case of USUFU VS. THE STATE (2007) 1 NWLR (PT. 1020) 94; (2006) LPELR-11790(CA)on the list of essential ingredients to be proved to establish the offence of armed robbery. Appellant’s counsel contended that the Appellant’s confessional statement in this case, Exhibit C1, was not made voluntarily and that the contents of the statement was not interpreted to the Appellant in Yoruba language before he thumb-printed it.

Appellant’s counsel submitted further that the arraignment of the Appellant was not in accordance with the law. His contention is that failure of the learned trial Judge to put on record that the Appellant clearly understood the charge read to him to the satisfaction of the Court falls short of the mandatory provision of Section 215 of the Criminal Procedure Act. He relied on the case of KAJUBO VS. THE STATE (1988) 1 NWLR (PT. 73) 721; (1988) LPELR-1646(SC).

Appellant’s counsel submitted also that the evidence of PW1 is hearsay evidence as it was not borne out of his personal knowledge but derived from other persons who were not called as witnesses. He relied on thecase of ODOGWU VS. STATE (2013) 14 NWLR (PT. 1373) 74; (2013) LPELR-42802(SC).

It is further the submission of Appellant’s counsel that the Appellant was not properly identified and this was fatal to the case of the prosecution. He contended that the evidence of his identity was based on information from persons who were not called as witnesses. On the importance of proper identification of an accused person, he relied on the case of NDIDI VS. THE STATE (2007) 13 NWLR (PT. 1052) 638.

Appellant’s counsel submitted further that the guns (Exhibit A1 and A2) allegedly used in the commission of the offence are toy guns which do not qualify as Firearms under the provision of the Robbery and Firearms Special Provisions Act; NWACHUKWU VS. THE STATE (1986) 2 NWLR (PT. 25) 765. He also argued that failure to tender the cutlass used in the commission of the offence was fatal to the case of the prosecution.

Respondent’s  submission

Respondent’s counsel itemised the three methods of proving crime and listed the ingredients which must be proved to establish the offence of armed robbery.

Respondent’s counsel submitted that the voluntariness of Appellant’s confession was put to test in a trial within trial and the learned trial Judge after evaluating the evidence presented at the trial within trial came to the conclusion that the statement was made voluntarily.He also contended that the identity of the Appellant was never in doubt as there was sufficient evidence before the trial Court to ascertain his identity.

As regards the evidence of the prosecution witnesses (i.e., PW1 and PW2) being hearsay, Respondent’s counsel submitted that PW1 gave comprehensive evidence of what happened to her on the day of the incident; while PW2 who was an official witness who gave evidence of what transpired while he was investigating the case, and thus was not hearsay. He placed reliance on the case of OLAOYE VS. STATE (2018) LPELR – 43601 (SC).

Respondent’s counsel referred to the definition of “offensive weapon” in Section 11 of the Robbery and Firearms Special Provisions Act and the case of SOWEMIMO VS. THE STATE (2012) 2 NWLR (PT. 1284) to submit that the guns allegedly used in the robbery do not fall within the definition of offensive weapon under the Act but the cutlass does.

Resolution  of issues

The  Court in resolving the sole issue held that proper arraignment is the bedrock of a criminal trial and where an accused is not properly arraigned, the entire proceedings thereon is a nullity. The Court held that an arraignment is about taking the plea of an accused person and it is only when an accused person pleads either guilty or not guilty to a charge as the case may be that issues are joined in a criminal trial. See FEDERAL REPUBLIC OF NIGERIA VS. ABUBAKAR (2019) 7 NWLR (PT. 1670) 113.

The Court quoted the provisions of Section 215 of the Criminal Procedure Act as to what constitutes a valid arraignment and held that from the record, it is clear that the charge was read to the Appellant and explained to him and his co-accused in Yoruba language; and that failure to record that the charge was read and explained to the accused/Appellant to the satisfaction of the Court would not in the present circumstance affect the validity of the arraignment.

Citing OKORO VS. THE STATE (1998) 14 NWLR (PT. 584) 181 AT 214 PARAS D-G.

The Court further held that the essential ingredients to be proved to secure a conviction for the offence of armed robbery are:there was indeed a robbery or series of robbery; the robbers were armed with dangerous weapons and the accused person was the robber or one of the robbers.See AYINDE VS. STATE (2019) 12 NWLR (PT. 1687) 410.The Court also held that to discharge the burden of proof placed on the prosecution in criminal cases, the prosecution may rely on any or a combination of the following methods to prove his case:confessional statement of the accused; circumstantial evidence; or direct evidence of eye witnesses. CitingADEYEMO VS. STATE (2014) 16 NWLR (PT. 1516) 110.

The Court held that the duty of determining the credibility of witnesses at a trial is that of a trial Court  who had the opportunity of seeing and hearing the witnesses testify and observe their demeanour in the witness box. Where a trial Court evaluates the evidence at trial and makes a proper appraisal thereof, it is not the business of an appellate Court to substitute its views for that of the trial Court. See OLAKUNLE VS. STATE (2018) 6 NWLR (PT. 1614) 91. The Court held that the learned trial Judge who saw the Appellant at the trial made the observation that “the head of the 2nd Accused is fine.”, even though the Appellant in the trial within trial stated that when he got to the Special Anti-Robbery Squad (SARS), he was hung upside down and was beaten with a hammer and digger. Since the Appellant could not show that the above finding of the trial judge is perverse, the Court held that it is not in a position to disturb the above finding.

Relying on SUNDAY VS. FEDERAL REPUBLIC OF NIGERIA (2019) 4 NWLR (PT. 1662) 211 the Court held that the question whether a person is literate or illiterate is a matter to be proved by evidence.The Court held that though the Appellant was represented by counsel at the trial, the issue of the Appellant being an illiterate was not raised; and the fact that he gave his testimony at his trial in Yoruba language is not proof that he is illiterate.

The  Court held that a piece of evidence would be hearsay evidence where it is given by a person other than the one who witnessed the event narrated. See SAMAILA VS. STATE (2021) 4 NWLR (PT. 1767) 528.

The Court found the trial Court did not rely on the evidence of PW1 in making his finding but relied on the evidence of PW2 in corroborating the confession of the Appellant and came to the conclusion that the Appellant participated in the armed robbery.

The Court further held that the prosecution does not need to call a host of witnesses. Once it has presented sufficient credible evidence to establish all the ingredients of the offence charged, the decision to call witnesses in proof of its case is at the discretion of the prosecution. See UZIM VS. STATE (2019) 14 (PT. 1693) 419. The Court also held that the proper person through whom a document should be tendered is its maker. See LAMBERT VS NIGERIAN NAVY (2006) 7 NWLR (PT. 980) 514. However, where the maker is dead or the maker can only be procured by involving the party in so much expenses, then the document can be tendered by another person other the maker of it.

See OMEGA BANK NIGERIA PLC VS. O.B.C. LIMITED (2005) 8 NWLR (PT. 928) 547.The Court found that the prosecution made reasonable efforts to secure the attendance of one Sergeant Balogun Olumide (the maker of Exhibit B)before the said Exhibit B was tendered through another witness. And Exhibit B was tendered and admitted in evidence without any objection from the Appellant’s counsel. Thus, Exhibit B was rightly admitted in evidence.

The Court also held that where there is certainty or no dispute on the identity of the perpetrator of a crime, an identification parade to identify the offender is unnecessary. See AGBOOLA VS. STATE (2013) 11 NWLR (PT. 1366) 619. The Court also held that the best form of evidence of commission of a crime is the admission of the accused himself.

See ALO VS. STATE (2015) 9 NWLR (PT. 1464) 238. The Court found that Exhibit C1 contains a direct, unequivocal and positive admission by the Appellant that he participated in the alleged robbery.Thus, his identity was not in doubt and there was no need for any identification parade.

The Court held that the offence of robbery with firearms is committed where at the time of the commission of the offence the accused is proved to be armed with firearms or offensive weapon. See KEKONG VS. STATE (2017) 18 NWLR (PT. 1596) 108. The Court found that even though a toy gun is not an offensive weapon, the Appellant was armed with a cutlass as can be seen from the evidence of PW1. And that failure of the prosecution to tender the cutlass is not fatal to its case.

Held

The Court held that the appeal was lacking in merit and accordingly dismissed same.

APPEARANCES: TOYESE OWOADE, ESQ.                                      – For Appellant(s)

1. T. OLAWALE (De p. Director, Public

Prosecution, Min. of Justice, Oyo State)                        – For Respondent(s)

Compiled by LawPavilion

By Eric Ikhilae, Abuja

To ensure prompt justice delivery in the nation’s courts, a former Commissioner for Justice and Attorney General of Bayelsa State, Kemasuode Wodu has suggested constitutional provisions for time limitation for the determination of cases by courts.

Wodu, who noted that the perennial delay associated with the nation’s justice delivery system has done more harm than good, suggested one year for the trial courts, one year for the intermediate courts (Court of Appeal) and two years for the Supreme Court, within which to hear a case to conclusion.

This suggestion is one of many proposals forwarded contained in an exhaustive written  submission presented by Wodu to the President of the Senate and Speaker of the House of Representatives as his contribution to the ongoing constitution amendment process.

Wodu, who noted that election cases contribute to delay in the court’s ability to determine regular cases, suggested the creation of separate courts for election related cases in the form of Electoral High Court (with divisions in all states and the Federal Capital Territory), Electoral Court of Appeal (with divisions in all states and the FCT) and an Electoral Supreme Court.

Beyond handling all pre-election cases and petitions in respect of State and National Assemblies and governorship elections, Wodu suggested that the proposed Electoral High Court, which shall be duly constituted with a minimum of three judges, shall have jurisdiction to entertain criminal prosecution for electoral offences.

To avert a repetition of what happened in the criminal case involving ex-Abia State Governor, Orji Uzoh Kalu and two others, Wodu suggested an alteration to the constitution to allow a trial court judge, elevated to an appellate court to, notwithstanding his elevation, “ conclude all part-heard cases before him in the trial court from which he was appointed.”

As it relates to appeals in regular cases, Wodu suggested that appeals against interlocutory decisions of the High Courts and Court of Appeal may be included in the appeal against the final decision without leave, but that where an appellant seeks to pursue such appeals separately while the substantive case was still pending, such should be with the leave of court.

“Appeals against interlocutory decisions of the High Court affecting the liberty of a citizen or the custody of a child shall be as of right,” he said, adding that a provisions should also be made to allow a judge, where practicable, to conclude cases part-heard by another judge.

Wodu also suggested the amendment of the Constitution to place the responsibility on the Federal Government to include, in the budget of the National Judicial Council (NJC), funds for the provision of automated electronic recording facilities for all courts established by the Constitution.

He equally suggested the need for provisions requiring those responsible for delay in the dispensation of justice (be it judges, lawyers or court officials) to answer for their conduct, adding that “this will make everybody involved in the process to take the process more seriously.

“The consequences of delayed justice are so grave and devastating to the citizenry, the economy and the entire country at large. Where people have no opportunity of having their rights and disputes resolved expeditiously, there is usually resort to self – help.

“The concepts of ‘might is right’ and ‘survival of the fittest’ become the order of the day. Insecurity is a by – product of this malady. Collapse of the economy and capital and personnel flight are necessary consequences of delayed justice.

“Foreign investments are diverted to other climes. This situation breeds general apathy and threatens the very fabric and the foundation of the Nation as it kills all sense of patriotism and nationhood,” Wodu said, while noting that his proposals, if adopted, would reverse the current state of unenviable affairs in the country’s court system.

Afolabi Cassandra Adeola writes that building and sustaining peace in the country requires effective control of arms and ammunition. She also suggests ways to curb the proliferation of small arms and light weapons (SALW) in the country.

There are reports in the media of several violent crimes within the country, crimes involving the attacks of persons and properties, reports of police stations nationwide being looted leaving a significant amount of weapons unaccounted for circulating the country, this portends danger for the country because of the havoc these weapons will be used to perpetuate. The illegal possession of firearms will continue to promote various forms of crimes, fuel violent conflicts, promote militancy and escalate acts of terrorism, thereby undermining the country’s peace and development.

The uncontrolled proliferation of small arms and light weapons has caused the death and displacement of several citizens and has had devastating consequences for human security. Therefore, small arms remain a factor in armed conflict, organised crimes and acts of terrorism, thereby sabotaging reconciliation, safety and security efforts. There is an intricate connection between the proliferation of small arms and light weapons and the prevalence of violent conflict in Nigeria which is fueling insecurity. The increase in criminal Herdsmen activities, kidnapping and Boko Haram insurgents are the resultant effects of excessive availability of arms in the country.

Over the course of a year between May 2019 and April 2020, SB Morgen Intelligence with support from the Open Society Initiative for West Africa (OSIWA) conducted a study into the proliferation of small arms in Nigeria, and the links this proliferation has with mass atrocities and mass migration. In the North, it discussed the conflict situation in the North Central and Northwestern zones as consisting of farmers and herders violent confrontations and has asserted that the tensions have led to armed confrontations, mass killings and displacement of some farming communities. There have also been cases of cattle rustling by armed groups, leading to violent clashes between rustlers and Fulani herders.  The situation in these zones is different from that of the North eastern zone where the primary driver of violence is the Islamic radical group ‘Boko Haram terrorist Group’. In Benue and Plateau states, both in the North Central region, locally made weapons are estimated to be used in over 50 per cent of crimes committed. (62 per cent for Benue State, and 69 per cent for Plateau State. In Adamawa State in the North East, it is 32 per cent). According to research carried out in 2017, it is estimated that there are more than 1 billion small arms in circulation globally. Out of that number, 87.5 per cent or 875 million of those arms are in the hands of civilians, while law enforcement agencies around the world account for a meagre two  per cent of that total. According to the Small Arms Survey of 2018, the number of small arms in circulation in Nigeria, in the hands of civilian non-state actors is estimated at 6,145,000, while the armed forces and law enforcement collectively account for 586,600 firearms. The unrestrained possession of guns will deter peace and stability in the country.  Locally manufactured arms, which are normally fabricated in small-scale factories, without legal permits, contribute to a large percentage of arms in circulation in Northern Nigeria (especially in North Central Nigeria,) according to preliminary findings from the National Small Arms and Light Weapons Survey (NSALWS).

It also discussed the conflict situation in the South eastern region, which  is known for its entrepreneurship and the general poor security situation has facilitated the a trade in small arms in major markets such as the Ariaria Market in Aba and the Onitsha market in Anambra state. The relative lack of economic activity in the Southwestern parts of Nigeria asides Lagos has led to high youth unemployment and resultant violence and arms proliferation. In the Niger Delta region, proliferation of small arms has had an impact on violent agitations by the various armed groups in the region demanding for greater control of the resources of the region. Southern Nigeria has an established local arms manufacturing sector and there is also significant importation/smuggling from international sources. Illegal weapons factories have also been discovered in towns such as Calabar and Enugu. It is difficult to estimate the volume of locally manufactured weapons produced in this region.

This has negatively impacted Nigeria’s internal security and international standing, as Nigeria is now designated the third most impacted nation by terrorism, according to recent reports. Therefore, it becomes imperative to control arms in order to ensure the promotion of a stable environment that will not only encourage peace but also promote its sustainability.

In Nigeria, the Proliferation of SALW dates back to the civil war, at the end of the war there was no proper and comprehensive disbandment protocol and demobilisation program implemented thus the post-civil war era marked the spread of illicit weapons in Nigeria. The civil war was just one of the factors that led to proliferation as locally fabricated arms, smuggling, theft from security agencies & armories, insurgents, armed militias and dishonest accredited importers also account for the widespread circulation of SALW in Nigeria.

Ammunition from at least 21 different nations have been used in the Herder Farmer conflicts in North Central Nigeria (some of these nations include Israel, Poland, Brazil, Iran, USA, Czech Republic, Algeria and Egypt). These herders are nomads migrating from Sahel region as a result of climate change, in search of pasture for their flocks, this then led to competition over access to scarce resources like arable land and water resources. The herder versus farmer violence is a perfect example of how availability and accessibility of SALW could escalate the nature of a conflict.

A notable question comes to mind at this juncture which is how do non-state actors gain access to SALW?  The porous borders facilitate the sourcing of weapons from countries bordering Northern Nigeria (who are also dealing with their own Islamic insurgencies).  Some of the weapons are shipped into the country through sea ports, the nation’s land borders also have not been properly managed by the security agencies. The security agents are not properly equipped to track down illegal importation and transit of SALW across the porous borders. In the fight to end terrorist activities in the North east, the military has appeared less equipped than its adversaries. There’s suspicion that the insurgents often attack military bases when they receive new or upgraded weapons, stoking suspicion of sabotage.

Another means the insurgents have used to obtain SALWs is buying from corrupt state security forces. Poor accountability and weak audit mechanisms have ensured pilfering and diversion of arms from military and police armories in Nigeria. The role of corruption is not only evident in weak stockpile management, it is also manifest in the activities of some unscrupulous security personnel. Because corruption is endemic and systemic in Nigeria, some morally depraved officers sell arms to insurgents. In September 2016, the military confirmed that some officers are selling arms and ammunition to Boko Haram, indicating the corruption bedevilling the country’s counter insurgency operations. Hence, the connivance and complicity of state officials contribute to Boko Haram access to weapons and overall proliferation of SALWs. It is reasonable to argue that the Boko Haram insurgency festered because of the capacity of the group to acquire SALWs through clandestine means, in particular, smuggling and the frequent raids of military installations.

In 2009, an amnesty program was initiated by the late President Umaru Yar’adua administration to deal with cubing militancy and the proliferation of SALWs. Nigeria recorded a higher level of oil production and the surrender of few arms but the success of this program was short-lived as the government failed to address underlying economic injustices that drove the agitation in the Niger Delta.

This is not the only government initiative that has been adopted in the fight to curb the proliferation of SALWs. The National Security Strategy (NSS) and National Counter Terrorism Strategy (NACTEST) stand out, the NSS is a guidance document which in broad terms, outlines the national security concerns of Nigeria and corresponding strategies to deal with them. The updated NSS clearly recognizes that “proliferation of SALWs aid non-state actors like Boko Haram terrorists and armed bandits, while undermining state monopoly of instruments of coercion. The threats posed by proliferation of SALWs are of such magnitude that a security strategy which contemplates the monitoring of their flow and use is required”. Successive Nigerian government have also deployed several military operations against militants and insurgents, with a view to deterring, degrading and defeating them, including interdicting and neutralizing their access to SALW’s.

In relation to legislative and prosecutorial efforts, the Nigeria government enacted the Terrorism Prevention Act (TPA) 2011 (as amended) as legal framework for combating terrorism and activities of other violent groups that may adopt terrorist tactics. In order to limit criminal’s access to SALWs, Section 9 of the TPA prohibits “the direct or indirect supply, sale and transfer of arms, weapons, ammunitions, military vehicles and equipment, paramilitary equipment, spare parts and related material, technical advice, assistance or training related to military activities” that will benefit violent non-state armed actors such as militants, insurgents and terrorists. The Firearm Act is also a legislation that regulates other dealings in firearms and ammunitions along with other statutes to prevent the uncontrolled proliferation of arms and to ensure that they do not get into the hands of persons that are likely to misuse them. It regulates the manufacture, sale, transfer and importation of firearms.

The government have shown commendable effort towards the fight to stop the proliferation of SALW. It has identified that SALW’s proliferation not only feeds into the dynamics of militancy and insurgency but it also sustains its intensity and the ease of availability helps sustain the lethality of crimes all over the country and undermines our national security. Hence several administrations of the government devised both legislative and political ways to deal with this problem. However, these arms control mechanisms adopted by the government is ineffective because there as some certain challenges affecting their successful implementation. Hence the challenges form fundamental issues that needs to be addressed. In recent times, it has become obvious that it’s the proliferation in the last few years that has helped spike a wave of violent conflict round the nation and for the Government to effectively respond to this problem it should for one develop a solution to deal with proper control and security of our porous border. The porous borders encourages the smuggling of arms from neighbouring countries and imported and exported goods should be subject to multifaceted inspections of various security agencies.

Secondly, the government failure to achieve good governance has cumulated in poverty and socioeconomic problem. The average Nigerian in a fight to survive will engage in illegal businesses such as the smuggling of arms.  The endemic nature of corruption in Nigeria have caused security personnel to compromise their duties and engage in bribes and theft of government arms. There’s a need for a robust accountability mechanism to block arms racketeering or arms leakages in the security sector.  To achieve the required effectiveness it should be backed up with regular and comprehensive verification exercises to ensure that government arms held by security and law enforcement officials do not slip into hands of civilians. There should also be an incentive for officials as a form of motivation for committed security officers, this is just as important as the imposition of stringent sanctions against depraved soldiers aiding and abetting arms smuggling.

Thirdly, as effort is put into the prevention of weapon inflow in to the country same marched effort should be employed to fight curb the circulation of existing SALW. The provision of high tech surveillance equipment at nation borders and strategic highways in other to detect and intercept arms weapons and explosives  will serve as capacity building for security agents and as such improve their awareness, skills and knowledge of border management as well as study the mode of operation of  militant, insurgents and other criminals in arms trafficking.

In conclusion, it is apparent that the proliferation of small arms and light weapons has distorted the peace and security in the country and the ease and availability of firearms will only escalate and sustain the insecurity issues affecting the country. Therefore to build peace and its sustainability the effective control of arms and ammunitions is essential.

Adeola is a Legal Officer at KiaKia Bits Ltd