The Nation Newspaper

Category: Law

  • ‘Ogunlana, a restless warrior for justice’, by Professor Fagbohun

    ‘Ogunlana, a restless warrior for justice’, by Professor Fagbohun

    A couple of days ago, legal luminaries converged in Lagos to honour a late activist and former Chairman of Nigerian Bar Association (NBA) Ikeja Branch,  Adesina Ogunlana.

    It was at the first Adesina Ogunlana Annual Memorial Lecture hosted by the Progressive Bar Forum (PBF) and which held at the Bar Centre of the Ikeja NBA.

    The theme was  “Adesina Ogunlana: The Man, the Law, and the Struggle for Social Justice.”

    The event was a blend of tribute and testimony about the life and times of the late activist and former Chairman of NBA, Ikeja.

    Adeyinka Olumide-Fusika, (SAN) who delivered the inaugural lecture described the late activist and former Chairman of Ikeja NBA as a fearless reformer of the Lagos justice system.

    Olumide-Fusika said Ogunlana, nicknamed  “Serubawon,” was a  dedicated lawyer and  consummate activist and bar man.

     Olumide-Fusika noted that  Ogunlana lived his life totally for defence of the weak and the oppressed.

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    He said he would  be remembered for his unwavering commitment to justice, effective administration of law, and protection of human rights.

    He recalled Ogunlana’s courage in the founding of The Learned Squib—the scrappy, relentless newsletter that timed judges’ sittings, named and shamed corruption in the judiciary, and celebrated integrity.

    He said the Squib Newsletter’s mantra: “Sunlight is the best disinfectant; the heavens will not fall”, became a civic whip and a benchmark for the Bench and Bar.

    He recalled  Ogunlana as always saying: “My soul hates injustice naturally… If I was born during the slave trade, I know I would have been killed because I would not keep quiet.”

    He also recalled the role played by Ogunlana during the 2020 #ENDSars protest and  the recent #EndBadGovernance protest saying “Ogunlana stood where law met life and insisted both must serve the powerless.”

    Former Vice Chancellor, Lagos State University (LASU), Prof. Lanre Fagbohun (SAN), who was chairman of the inaugural lecture traced Ogunlana’s activities from being a campus firebrand to courtroom conscience.

    He painted Ogunlana as “a restless warrior for justice whose voice still echoes in the conscience of Nigeria’s legal system.”

    He said the late lawyer was a man who fought with the pen, the law, and the fire of conviction.

    Human rights lawyer, Dele Farotimi, who revealed that Ogunlana was his first employer, remembered him as a man who “never worked for money but served till he dropped dead at his desk.” Farotimi said Ogunlana’s passing was shocking, recalling that  he was “never sick”

    Farotimi  led members of the bar in the hall in Yoruba to sing: “Ṣe eyi tí o ṣe, ọrẹ mi, ọjọ n lọ…”  in memory of the late Ogunlana.

  • Short-let apartments: a legal perspective on compliance, taxation, civil liability

    Short-let apartments: a legal perspective on compliance, taxation, civil liability

    • By Farid Giwa

    Introduction

    In recent years, Lagos State has experienced exponential growth in the short-term rental sector, characterised by the conversion of residential properties into transient accommodations that mirror the services traditionally offered by hotels, motels, lodges, inns etc. . The varieties of digital platforms including Airbnb, Booking.com, and their local equivalents has significantly revolutionized the hospitality industry globally, with Lagos State – the commercial nerve centre and the entertainment hub of the sixth most populous country in world, experiencing unprecedented rise in short-let accomodations, with a yearly constant surge between the months of December and January due to “Detty December” activities involving shows, concerts and festivals, which attract people from across the world.

    This burgeoning trend has prompted property owners, tenants, and even sub-tenants to capitalise on the high demand for short-stay lodging by offering fully furnished residential units to prospective clients/customers, whether for leisure or business, often on a nightly or weekly basis. According to a 2024 report by Edala Homes (a real estate company) titled “Lagos Short-let Market 2024”, revenue from short-let accommodations in Lagos is projected to reach an all-time high of N300 billion by the end of 2025, a 13% increase from the N264.3 billion realised in the preceding year.

    While these figures illustrate a vibrant and economically significant sector that contributes meaningfully to the evolving urban hospitality landscape, it is observed that majority of shortlet operators conduct business without obtaining necessary approvals, registering with relevant authorities, remitting taxes, or complying with health, safety, and hospitality standards mandated by law. Beyond basic regulatory infractions, many property owners, managers, and digital platform intermediaries may be exposed to civil liability, potential criminal sanctions, and substantial financial penalties. This article undertakes a detailed analysis of the current regulatory framework governing short-term rentals in Lagos State as well as the contractual and tortuous civil liability that may arise on the part of either of the parties. 

    Understanding Short-Let Accommodations: Definition, Operation, and Legal Classification

    Short-let, or short-term accommodations, refer to fully furnished residential premises made available to transient guests for a limited duration ranging from a single night to several weeks, usually for monetary consideration. As observed by Geoffrey, Sulaiman and Samad, short-let accommodation is generally understood as the letting of any dwelling premises for holiday or business purposes over a short period.  These arrangements may involve entire apartments, houses, or individual rooms, offering exclusive or semi-exclusive use, household amenities, utilities, and in some cases, hospitality services such as cleaning or concierge assistance. In managing these shortlets, operators adopt varied business models, including direct owner management, engagement of professional property managers, and platform-based bookings through digital intermediaries such as Airbnb and Booking.com. In many cases, these premises are converted from residential to commercial use without obtaining the necessary planning or operational approvals.

    Under Lagos State laws, the definition of a “hotel” in both the Hotel Occupancy and Restaurant Consumption Law 2009 and the Hotel Licensing Law 2003 is sufficiently broad to encompass guest houses, lodges, and apartments offered for short letting. Given that short-let operations share core characteristics with hotels namely temporary lodging, commercial purpose, and provision of amenities they are classified as such for regulatory purposes. This classification subjects operators to licensing, taxation, safety compliance, and other statutory obligations.

    General Legal Framework Governing Short-Let Accommodations business in Nigeria

    The legal analysis of Lagos’s short-let industry must begin with the foundational principles enshrined in Nigeria’s 1999 Constitution. Section 43 of the Constitution guarantees every citizen the right to acquire and own immovable property anywhere in Nigeria.  This constitutional provision establishes the bedrock upon which property rights rest, including the right to utilise property for commercial purposes. Furthermore, the National Assembly pursuant to its powers under Section 4 of the 1999 CFRN has created a comprehensive regulatory framework that impacts short-let operations, even without directly addressing the sector.  For instance, the Companies and Allied Matters Act (CAMA) mandates business registration for commercial enterprises,  while the Federal Competition and Consumer Protection Act (FCCPA) 2018 establishes consumer protection standards and prohibits anti-competitive practices. 

    Furthermore, the Advertising Regulatory Council of Nigeria Act 2022 further constrains operators by regulating business advertisements, including the social media marketing that has become central to the short-let industry’s growth.  Also, in the taxation regime, the Companies Income Tax Act (CITA), Personal Income Tax Act (PITA), and Value Added Tax Act, (albeit now consolidated by the recently enacted Nigeria Tax Act (NTA) 2025, which is set to commence on the 1st  of January 2026) create comprehensive obligations for income reporting and tax remittance.

    Legal Framework Governing Short-Let Accommodations  Business in Lagos State

    Further to the observance of the relevant national legislations highlighted in the general legal analysis stated above, the following are the laws regulating the operation of Short-Let accomodations in Lagos State:

    1.         The Hotel Licensing Law of Lagos State 2003

    The Hotel Licensing Law of Lagos State 2003 is a critical statute governing the operation of short-term apartments within Lagos State. Section 3 prohibits any person from operating or maintaining a hotel establishment within the State without first obtaining a licence from the Lagos State Hotel Licensing Authority. The Law further mandates that any person intending to operate such a business must apply for a licence within three months of the commencement of operations.

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    A further examination of the Law indicates that operators of short-let apartments are subject to additional operational obligations.  For instance, Section 15 mandates that every licensee must prominently display a copy of the current year’s licence within the hotel premises,  Section 17 stipulates that all licences elapse on 31st  December of the year of issuance, thereby requiring annual renewal. Crucially, a licence is not issued as a matter of course as Section 18, stipulates that an Applicant must first satisfy the requirements of the Public Health Law, the Urban and Regional Planning Law, and any other applicable regulatory standards. The sanctions for operating such a business without a valid licence is a fine not exceeding ₦200,000 or imprisonment for a term not exceeding two years.

    2.         Lagos State Hotel Occupancy and Restaurant Consumption Law (2009)

    The Lagos State Hotel Occupancy and Restaurant Consumption Law 2009 is another piece of legislation relevant to short-term accommodation operations within Lagos State. Section 5 of the Law (as amended) imposes a mandatory obligation on hotels, event centres, restaurants, bars, and similar establishments to register their businesses with the Lagos State Internal Revenue Service (LIRS). From the provision of  Section 17, an expansive definition of “hotel” was offered to include motels, guest houses, apartments for short letting, taverns, meeting rooms, and function halls, regardless of how the operator describes the establishment.

    A combined reading of Sections 2 and 3 of this law makes it ccompulsory for any person owning, managing, or controlling a short-term apartment to charge and remit a 5% consumption tax on goods and services provided on the premises, including lodging. Section 11 (1) & (2), prescribes the punishment for non-payment to include six months’ imprisonment or a ₦2,000,000 (Two Million Naira) fine. It is worthy of note that the constitutionality of this tax has been judicially upheld in several judicial pronouncements including in Suit No: FHC/L/CS/360/2018 between The Registered Trustees of Hotel Owners and Managers Association of Lagos v Attorney-General of Lagos State & Federal Inland Revenue Service, on the 3rd of October 2019 by the Lagos Division of the Federal High Court. It is doubtful whether the majority of short let businesses comply with the provisions of this law.

    3.         Hotel Propreitors Law of Lagos State Ch. H9 Laws of Lagos State 2015

    The Hotel Proprietors Law of Lagos State is another piece of legislation regulating hotels and similar in Lagos. As with the Hotel Licensing Law, the interpretation provision in Section 12 adopts a broad definition of “hotel,” encompassing any building used as a guest house, inn, lodge, motel, tavern, or night club. While “short-let” or “short-term apartment” is not expressly mentioned, it is arguable that these other descriptors capture the essential characteristics of short-let operations. Unlike the Lagos State Hotel Occupancy and Restaurant Consumption Law 2009 and the Hotel Licensing Law of Lagos State 2003, which focus primarily on registration, licensing, and taxation requirements for hotels, the Hotel Proprietors Law is principally concerned with defining the duties and liabilities of hotel proprietors toward their guests, and with regulating the lawful sale, in certain circumstances, of goods brought into the hotel by guests.

    Under Section 2 of the Law, a hotel proprietor owes a duty to take reasonable care for the safety of any guest for whom sleeping accommodation has been reserved, ensuring that the guest does not suffer injury due to the misconduct or negligence of the proprietor during their stay. Section 4 generally extends this duty to the safekeeping of guests’ property, making the proprietor liable for loss or theft occurring within the premises.

    4.         Lagos State Urban and Regional Planning and Development (Amendment Law) 2019

    The Lagos State Urban and Regional Planning and Development (Amendment) Law 2019 provides the legal framework for the administration of physical planning, urban development, urban renewal, and building control within the State. It forms part of Lagos State’s long-standing legislative efforts to ensure orderly development and prevent haphazard land use.

    Section 27(1) makes it mandatory for any person or entity undertaking development in Lagos State to first obtain a Planning Permit from the Lagos State Physical Planning Permit Authority (LASPPPA). The Authority is also empowered to monitor properties to ensure that they are used strictly for their approved purposes. This includes detecting and sanctioning unauthorized changes of use, such as the increasingly common practice of converting residential properties into commercial short-let apartments without approval. Section 41 LASPPPA also authorizes the Authoirty to revoke any planning permit obtained fraudulently or where the approved development or use has been altered, modified, or extended without proper authorization.

    Taxation Framework and Compliance Obligations

    The operation of short-term rental apartments is subject to a multi-tiered taxation regime encompassing federal, state, and local government authorities. Failure to adhere to these obligations do not only constitute a breach of statutory provisions but also exposes operators to various penalties and enforcement measures.

    1.         Federal Taxation Requirements

    At the Federal level, three key laws anchor the taxation of short-term rental activities i.e. the Companies Income Tax Act (CITA), the Personal Income Tax Act (PITA), and the Value Added Tax Act (VATA). Where a rental is operated through a registered company, CITA imposes corporate income tax on earnings from such activities. Furthermore, if registered as a business name Personal Income Tax Act, Cap P8, LFN 2004 (as amended) applies, as  Section 1(1)(a), the Act imposes tax on the income of “every individual” in Nigeria from any source whatsoever, including “gains or profits from trade, business, profession or vocation.” Further clarity is provided in Section 3(1)(f) which extends taxable income to “rent, premiums, and any other similar consideration in respect of the use or occupation of property.” In either case, the law assumes accurate record-keeping, timely filing of returns, and full remittance of tax due a standard that informal operators rarely meet. The obligations do not stop at income tax. The VATA specifically requires any business providing accommodation services to register for VAT, charge customers at the prevailing rate of 7.5%, and remit collections to the Federal Inland Revenue Service (FIRS). It is worthy of note that failure to comply here is not an administrative lapse but an offence  under the Nigerian tax laws.

    The recently enacted National Tax Administration (NTA) Act has further solidified the tax framework as it repeals certain existing tax laws suich as CITA, PITA etc. and consolidates the legal framework governing taxation in the country into a single legislation for simplicity and improved tax. Under the NTA, a small company, defined as having an annual turnover of ₦100 million or less and fixed assets not exceeding ₦250 million is exempt from corporate income tax, though professional service providers are excluded from this classificatio, while Large companies remain subject to a 30% corporate tax rate. For personal income tax, individuals earning ₦800,000 or less annually are exempt. Furthermore, the NTA also introduces a development levy of 4% on assessable profits, applicable to companies except small ones. And the prevailing Value Added Tax (VAT) rate of 7.5% is maintained and applies to all taxable goods and services, including accommodation in the short-term rental sector.

    2.         Lagos State Taxation Obligations

    If federal taxes form the first layer of obligation, Lagos State’s tax regime adds a second, more immediate one. As Nigeria’s commercial hub, Lagos operates a sophisticated subnational tax system that captures nearly every form of commercial activity including short-term rentals.

    For individual operators, the Pay-As-You-Earn (PAYE) system applies to rental income, with Lagos having a stronger enforcement record than most other states. Beyond this, Withholding Tax (WHT) obligations arise when rental income surpasses specific thresholds. Here, the operator must deduct the tax at source, remit it to the Lagos State Internal Revenue Service (LIRS), and keep proof of payment, a process many informal hosts bypass entirely.

    The state also imposes a Development Levy, a flat obligation on virtually all commercial activities, signalling the government’s view that accommodation services contribute to public infrastructure demands.

    3.         Local Government Taxation Obligations

    The third and final layer of the taxation framework emerges at the local government level. Each Local Government Area (LGA) in Lagos maintains its own set of levies and permits, ranging from business premises registration fees to signage and advertising permits, Licensing Fees (e.g., sale of liquor, food premises), public utility fees: quarantine, waste/refuse collection, sewage, parking permits, motor park levies, tenement rates, and a variety of administrative charge. Many of these obligations are directly relevant to short-let apartments due to their commercial nature, provision of hospitality services, and impact on local infrastructure.

    Civil Liability and Legal Exposure

    Beyond questions of regulatory compliance and taxation which relate to the relationship between the short let business operator and the state, the relationship between the business owner and the individual customer is also largely governed by common law principles of civil liability, majorly encompassing torts and contracts.  Below are some of the civil liabilities that can arise from short-let operation;

    1.         Contractual Liability

    At the heart of every short-term rental is a contractual relationship, whether expressly written or implied by conduct. Every short-term rental creates contractual relationships, whether expressly documented or implied by conduct. Nigerian contract law, derived from English common law, implies obligations relating to reasonable care, fulfilment of fundamental terms, fitness for purpose, and premises safety into accommodation agreements. Informal operators often fail to meet these standards, creating exposure to claims for damages from incidents ranging from poorly maintained facilities to inadequate security provision. Thus, when guests book an apartment, whether through an online platform or direct arrangement, they enter into a legally binding accommodation contract. Subletting arrangements create additional complexity, particularly where operators convert residential tenancies into commercial activities without landlord consent. These arrangements frequently breach original lease terms, exposing operators to eviction proceedings, damages claims for unauthorised use, and potential joint liability in third-party proceedings.

    2.         Tort Liability

    The risks do not end with contractual disputes. Short-term rental operators face considerable exposure under the law of tort. For instance, under negligence, operators owe a duty of reasonable care to guests and, in some circumstances, to the public. This duty encompasses property maintenance, safety provisions, and the general habitability of the premises. Furthermore, under occupiers’ liability principles, a short-let operator who fails to secure windows in a high-rise apartment, or who neglects to provide adequate fire safety measures, could be held liable for resulting injuries or fatalities. Furthermore, nuisance claims present a growing legal risk for operators, particularly in residential neighborhoods. Excessive noise from ceremonies and parties may prompt neighbors or community associations to seek injunctive relief or damages.

    Conclusion

    The current operation of short-let apartment market in Lagos, though economically vibrant, constitutes a systematic violation of multiple legal frameworks, creating substantial exposure to civil and criminal liability for operators while undermining regulatory compliance, fair competition, and government revenue generation.

    The legal analysis presented in this article demonstrates that informal short-term rental operations violate numerous statutory requirements including hospitality licensing laws, physical planning regulations, environmental compliance standards, and taxation obligations. The problem is therefore not that of dearth of  legislations but enforcement and compliance. Furthermore, the solution does not lie in wholesale prohibition or aggressive enforcement against existing operators. Rather, Lagos State requires comprehensive regulatory reform that acknowledges the legitimate role of short-term rentals in the accommodation sector while ensuring appropriate compliance with safety, taxation, and operational standards.

    Recommendations

    To address the legal, fiscal, and social implications of the informal short-let market, a combination of regulatory enforcement, tax policy reform, and stakeholder education is essential. The following measures are proposed:

    1.         The Lagos State Government should establish a Short-Let Compliance Task Force empowered to conduct audits, issue closure notices, and initiate prosecutions against unlicensed operators.

    2.         The Lagos State Government should establish an online platform where all short-let operators can easily register with the Lagos State Hotel Licensing Authority and the Lagos State Internal Revenue Service (LIRS) in a single process.

    3.         The Lagos State Government should update the Lagos State Hotel Licensing Law and Hotel Occupancy and Restaurant Consumption Law to specifically define and regulate “short-let” and “short-term rental” operations, removing ambiguity in enforcement.

    4.         The Lagos State Physical Planning Permit Authority (LASPPPA) must proactively monitor high-density residential areas to detect and sanction unlawful conversions of residential premises to commercial short-let use.

    5.         The Lagos State Government should mandate display of planning approval and hotel licensing documentation within short-let premises to facilitate compliance checks.

    6.         The Lagos State Government should mandate insurance coverage for short-let premises to protect guests against injury and property loss.

    7.         State-led campaigns to educate property owners, tenants, and digital platform intermediaries on the legal obligations, tax liabilities, and potential civil exposures tied to short-let operations.

  • Experts: how to leverage Mauritius for cross-border growth

    Experts: how to leverage Mauritius for cross-border growth

    • Babalakin & Co. hosts roundtable

    How Nigerian businesses can access global capital was the subject of a roundtable by Babalakin & Co in Lagos.

    The high-level breakfast meeting brought together leading entrepreneurs, investors and financial experts.

    They explored how Mauritius can serve as a hub for cross-border expansion and international financing.

    Tagged Finance Roundtable 1.0, its theme was: “Structuring for growth: Leveraging Mauritius for cross-border expansion and financing.”

    It was organised in partnership with Intercontinental Trust Limited (ITL).

    Speakers included Partner at Babalakin & Co., Mabel Okereke; Chief Representative Officer (Nigeria) of Mauritius Commercial Bank (MCB), Azeez Abiodun, and Executive Director of ITL, Kesaven Moothoosamy.

    Okereke said the forum was designed to help Nigerian businesses understand how best to access global capital.

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    “The goal is to bring international finance to our shores by equipping entrepreneurs with the structures they need to thrive across borders while remaining competitive locally,” she noted.

    Abiodun highlighted the advantages of using the Mauritian International Financial Centre as a platform for African businesses.

    ”Mauritius has become a bridge for connecting capital to opportunities in markets like Nigeria, with regulatory frameworks that support investors and protect assets,” he said.

    Moothoosamy added that Mauritius’s growing network of double taxation treaties and investment protection agreements made it attractive for structuring investments.

    “Fiduciary services, trusts and compliance mechanisms in Mauritius are built to lower risks and improve access to international partners,” he explained.

    Managing Partner, Mr. Wale Akoni, urged the business sector members present to take advantage of the opportunity to expand their business to the world. 

    Analysts say Mauritius is increasingly positioning itself as a regional gateway for investment into Africa, offering stable regulation, favourable treaties and an expanding financial services sector.

    For Nigerian companies seeking to raise foreign currency funding, protect investments and expand globally, the jurisdiction is becoming an important option.

    The roundtable, which drew a select audience of business leaders, is part of Babalakin & Co.’s broader efforts to foster knowledge sharing and create pathways for clients and Nigerian enterprises to tap into global finance.

  • SAN to CDS: withdraw deserter signal against ex-Naval officer

    SAN to CDS: withdraw deserter signal against ex-Naval officer

    A Senior Advocate of Nigeria (SAN), Gboyega Oyewole, has urged the Chief of Defence Staff (CDS), Gen. Christopher Musa, to ensure compliance with a Supreme Court judgment which reinstated and promoted Lt. Cdr. S. A. Ibe-Lambert.

    The SAN appealed for the CDS’ kind intervention in ensuring the withdrawal of a deserter signal issued against her by the Nigerian Navy on September 3.

    Oyewole regretted that despite the Attorney-General of the Federation recognising the judgment and directing compliance, the Navy has failed to act on it.

    The Supreme Court, in a September 21, 2007 judgment, ordered that Lt. Cdr Ibe-Lambert, whose number is NN/0840, be reinstated into the Nigerian Navy.

    It granted all her accrued entitlements, benefits and dues for promotion from the commencement of the litigation to the date of reinstatement.

    Oyewole, who is Lt. Cdr Ibe-Lambert’s counsel, noted that the judgment was further interpreted and given credence by the Federal High Court via an order dated February 22, 2013.

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    The SAN, in a September 9 letter to the CDS, stated: “The office of the Solicitor-General of the Federation/Permanent Secretary of the Federal Ministry of Justice under the office of the Honourable Attorney General of the Federation and Minister of Justice, in recognising the judgment of the Supreme Court, further instructed the Nigerian Navy to comply with the orders of the court as contained in the letters with reference no. MJ/LIT/ABJ/NN/174/15 dated 12th November, 2015 and reference no. MJ/LIT/ABJ/NN/172/16 dated 25th January, 2016.

    ”It is noteworthy that the Nigerian Navy has refused and/or neglected to comply with the judgment of the Supreme Court by neither reinstating, promoting nor paying the accrued salaries, benefits and entitlement of our client till date.

    ”Our client has since exceeded the statutory years of service since 2019 and is presumed to have retired from service since that date.

    ”Sir, rather than comply with the subsisting judgments of the Court of Appeal and Supreme Court, as well as the order of the Federal High Court and directive of the Office of the Attorney General of the Federation, the Nigerian Navy has continued to not only disregard the court judgments but resort to intimidating and harassing our client through unconventional means, one of which is the recent ‘Deserter Signal’ issued on the 3rd of September, 2025 whereby our client was declared a deserter with effect from 2nd December, 2019.”

    Oyewole said his client finds the actions being taken by the Nigerian Navy not only unlawful “but baseless, contemptuous, particularly troubling and an affront to Rule of law and our client’s constitutional rights”.

    He said it was more disheartening to find the Nigerian Navy treating the Office of the AGF, who is the Chief Law Officer of the Federation, with contempt by ignoring the advice that emanated from that exalted office on the matter.

    The SAN continued: “The Nigerian Navy is not above the law and is still subject to the judgment of the sacred institutions like the Supreme Court, which is the highest court of the land.

    ”The Nigerian Navy should, therefore, avoid sending a wrong message under our democratic dispensation that they can treat institutions like the Supreme Court and the Office of the AGF with impunity.

    ”It is in the light of the foregoing, that we humbly plead with your esteemed office to intervene by giving effect to the subsisting judgments of the court and the advice of the Office of the Attorney General of the Federation by ensuring that all accrued entitlements, promotion and benefits of our client are paid to her.”

    Oyewole also urged the CDS to “mandate the immediate retraction and withdrawal of the arbitrary deserter signal issued by the Nigerian Navy against our client to avoid attendant embarrassment to the institution of the Nigerian Navy by such further steps we may wish to take with respect to this matter”.

  • How to curb Corruption in Nigeria

    How to curb Corruption in Nigeria

    How to address endemic multi-sectoral corruption was the thrust of an International Conference held last week at the Faculty of Social Sciences, University of Lagos. Assistant News Editor PRECIOUS IGBONWELUNDU reports that the gathering which brought together activists, academics and policy makers, emphasised the need for anti-corruption courses to be introduced in elementary curricular.

    “Corruption in education is not just about money lost. It is about lives and dreams destroyed.” These were the words of the Executive Director,

    Civil Society Legislative Advocacy Centre (CISLAC), Comrade Auwal Musa Rafsanjani, at the International Conference on Anti-Corruption, themed “Politics, Governance, Probity, Religion and Corrupt Behaviour in Nigeria” on Thursday.

    He painted a stark picture of corruption’s cost to Nigeria’s future, just as he decried the rot in classrooms emphasising it was as dangerous as that in government offices.

    Rafsanjani reeled out examples students know too well: Inflated contracts that leave hostels uncompleted, bribes for admission slots, lecturers demanding “sorting” to pass courses, and sexual exploitation disguised as favours…

    “These are not victimless crimes. They rob young people of faith in the system and teach them that dishonesty is the only way to survive,” said Rafeanjani who appealed to the National Assembly to criminalises sexual harassment in universities.

    For many in the audience, these were not abstract issues. Students nodded in agreement, some whispering stories of friends who had either dropped out or compromised their values just to get through school.

    Weak Leadership, Weak Governance

    Professor Tunde Babawale, former Provost of the National Anti-Corruption Academy, shifted the conversation to Nigeria’s leadership problem.

    “Politics in Nigeria is the only venture where academic competence is not a requirement. This is how people with questionable qualifications end up presiding over professionals with decades of training. It undermines governance and erodes trust,” he declared.

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    He argued that unless leadership recruitment was reformed, governance would remain weak, with corruption thriving in the shadows. His suggestions included embedding anti-corruption studies into university curricula and establishing special courts with strict timelines to handle corruption cases.

    A Society That Celebrates Looters

    Dean of the Faculty of Social Sciences, Professor Adelaja Odukoya, didn’t mince words as he pronounced corruption a “national embarrassment” that claims lives every day in hospitals with no drugs, on roads riddled with potholes, and in communities left without security.

    “Nigerians now value wealth more than integrity. We have replaced honour with material success, no matter how it is acquired,” he added.

    A Call for Collective Action

    General Ishola Williams of PANAFSTRAG reminded the audience that corruption is not just about bad leaders but about the values society tolerates. “We must inspire younger generations to see that integrity is strength, not weakness,” he said.

    Rafsanjani added that anti-graft agencies like the ICPC and EFCC cannot succeed without public trust and genuine political support. He called for similar institutions at state and local government levels, where corruption is equally rampant, and warned that illicit financial flows and money laundering continue to drain resources that should fund education, healthcare, and infrastructure.

    Youth as Game-Changers

    The recurring message at the conference was clear: Nigeria’s youth must lead the cultural shift.

    “Looters are not solving our problems. They should not be celebrated. It is time for our youth to take pride in values that build society,” said Rafsanjani.

    For students in the room, that call felt personal. If they reject the cycle of “sorting,” bribes, and shortcuts today, they could become the generation that restores integrity to Nigeria’s future.

    Beyond Policy to Values

    By the end of the conference, one truth stood out: laws and institutions can punish corruption, but only values can prevent it. To truly curb corruption in education and governance, Nigerians must change what they reward and celebrate.

    As CISLAC, UNILAG, and PANAFSTRAG pledged to keep pushing for reforms, the challenge was thrown back to citizens. The fight is not only in Abuja or courtrooms; it is in lecture halls, workplaces, religious centres, and even homes.

  • CJN to inaugurate 57 new SANs September 29

    CJN to inaugurate 57 new SANs September 29

    The Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, will, on September 29, swear in 57 new Senior Advocates of Nigeria (SANs) as part of activities marking the commencement of the Supreme Court’s 2025/2026 legal year.

    The Director, Information and Public Relations at the Supreme Court, Dr. Festus Akande, disclosed this in a statement on Sunday.

    The statement reads, “In line with our age-long tradition, during the special court session, the Chief Justice of Nigeria will deliver a State-of-the-Judiciary address, with a view to highlighting the performance of the Supreme Court in particular, and the Nigerian Judiciary in general, in the 2024/2025 legal year.

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    “In the same vein, other leading stakeholders in the justice sector will present speeches bordering on the state of the sector.

    “These include: Hon. Attorney General of the Federation and Minister of Justice, Chairman of the Body of Senior Advocates of Nigeria (BOSAN), and the President of the Nigerian Bar Association (NBA), amongst others.

    “It will be recalled that the Supreme Court commenced its annual vacation after a remarkably successful 2024/2025 legal year, on Monday, 21st July, 2025.

    “All the programmes outlined to mark the formal commencement of the new legal year will start at 10:00 am.”

  • Executive defiance: Is NJC helpless?

    Executive defiance: Is NJC helpless?

    Incidents of defiance of the directives of the National Judicial Council (NJC) has continued to recur despite increasing drive by the council. In this report, ASSISTANT EDITOR, ERIC IKHILAE highlights measures that could be explored by NJC’s current leadership to enhance compliance.

    The National Judicial Council rose from its 107th meeting held from November 13 to 14, 2024 with, among others, a recommendation that the then Chief Judge (CJ) of Imo State, Justice T. E. Chukwuemeka Chikeka be compulsorily retired on grounds of alleged age falsification.

    The state governor, Hope Uzodinma, acted on the recommendation, a development that created a vacancy that required to be filled.

    However, in the process of filling the vacancy, Uzodinma chose to break with tradition, claiming, in a letter to the NJC, that the three most senior judges of the state’s Judiciary were “unappointble” for certain reasons.

    But, before the NJC could act on his letter, Uzodinma appointed Justice Theophilus Nnamdi Nzeukwu, who was then the number four in the hierarchy of judges’ seniority in Imo State High Court, as the state’s acting CJ.

    The governor’s decision promptly drew condemnation from, among others, the NJC and the Imo State’s Nigerian Bar Association (NBA).

    They described the development as an aberration and insisted that the right thing be done.

    The NJC’s position was conveyed via a statement issued on April 4, explaining that it was yet to consider a request by Uzodinma to appoint Justice Nzeukwu, who was then number four in the hierarchy of judges’ seniority in the  state as an acting CJ.

     It stated: “This is to clarify to the public that the Governor of Imo State had earlier written to the council (NJC), requesting for its approval to appoint Hon. Justice Theophilus Nnamdi Nzeukwu, who is number four in the hierarchy of seniority as acting Chief Judge of the state.

    “The governor in his said correspondence to the council, gave reasons why in his own view, the three most senior judges are not appointable.

    “The council is informing the public that the said letter is yet to be considered, as deliberation on the request is slated for the next council meeting, which is scheduled to hold on 29th and 30th April, 2025.

    “The council is therefore, by this press release, informing the public that the governor’s request is yet to be considered by the council.

    “The council has not given approval to the governor for the appointment of the acting Chief Judge.

    “The council is not a party to the process of the purported appointment of Hon. Justice Theophilus Nnamdi Nzeukwu as the acting Chief Judge,” the NJC said.

    However, at its 108th meeting held between April 29 and 30, the NJC eventually considered Uzodinma’s request and rejected his reasons for seeking to break from an established tradition.

    The NJC directed Uzodinma to appoint the most senior judge in the state’s High Court’s hierarchy as the acting Chief Judge in conformity with the provision Section 271 (4) of the Constitution.

    It argued among others, that the constitutional provision on the appointment of an acting CJ of a state did not give room for discretion on the part of a governor.

    Again, at its 109th meeting held on June 25, the NJC reiterated its earlier directive to Uzodinma to swear in the most senior judge in the state as the acting CJ.

    The NJC, also at the June 25 meeting, elected to wield the big stick against Justice Nzeukwu by sanctioning him.

    The council recommended Justice Nzeukwu’s compulsory retirement on the grounds that he made himself available to be sworn in as acting CJ, knowing full well that he was number four in the hierarchy of Judges of the Imo State Judiciary and contrary to Section 271(4) of the Constitution.

    However, following the June 25 directive by the NJC, Uzodinma announced the appointment of Justice  Ijioma Aguguo, the most senior judicial officer on the state’s Bench, as the acting CJ.

    But, for unknown reasons, the governor has failed to swear Justice Aguguo in full compliance with the directive of the NJC, a development that has made it impossible for her (Justice Aguguo) to act in the capacity of an acting CJ of the state.

    Many have argued that Justice Aguguo can not lawfully assume the role of an acting CJ by virtue of the mere announcement of her appointment by the governor  without being duly sworn in.

    According to the Imo State branch of the Nigerian Bar Association (NBA), there is currently no acting CJ in the state despite Uzodimma’s announcement of Aguguo’s appointment.

    The state NBA Chairman, Chris Ihentuge argued that the governor’s announcement of Justice Aguguo’s appointment over the radio is not enough, adding that the appointee has to be sworn in before she could lawfully assume office.

    Ihentuge said: “As far as the association is concerned, there is no Chief Judge in Imo, because since the woman considered to be the most senior judicial officer was announced as the acting CJ by the governor, no swearing-in has been carried out.”

    He noted that the development has created a confusion in the state’s Judiciary, which made it impossible for the court to observe its annual vacation this year because of the absence of an acting CJ who is required to assign vacation judges.

    Observers argue that the governor’s failure to swear in Justice Aguguo in acting capacity, as required, amounts to a subtle attempt to frustrate the realisation of NJC’s directive, a development that raises the question as to whether the council is helpless in such situations.

    Past cases

    A similar scenario played out in Rivers State during the tenure of (Rotimi Amaechi as the governor between 2013 and 2014).

    The NJC recommended the most senior judge in the state, Justice Daisy Okocha for appointment as the state’s CJ, but Amaechi declined and instead, he appointed Justice Peter Agumagu instead.

    The NJC responded by suspending Agumagu for making himself available to be unlawfully appointed. It proceeded to declare his appointment unconstitutional.

    There was also the case in Cross River State when between 2019 and 2020, Governor Ben Ayade declined to appoint Justice Akon Ikpeme, the then most senior judge in the state, as the CJ), citing what he described as security concerns.

    Rather than appoint the most senior judge, Ayade went for a junior judge, who he appointed in acting capacity repeatedly, a decision the NJC condemned and insisted on its recommendation.

    There was the case in Kwara State in 2009 where the then  Governor, Bukola Saraki, failed to reverse his sack of the state’s  Chief Judge, Justice Raliat Elelu-Habeeb despite the NJC’s intervention.

    The matter was eventually resolved by the Supreme Court in a judgment on February 17, 2012, voiding Justice Elelu-Habeeb’s purported sack by a governor without the approval of the NJC.

    The Supreme Court held, among others, that under the 1999 Constitution, neither a state governor, a state’s Executive Council (EXCO) nor the House of Assembly has the power to remove any judicial officer or a Chief Judge of a state without the input of the NJC.

    What the Constitution says

    The NJC was established under Section 153(1)(i) of the 1999 Constitution to regulate the appointment, discipline, and promotion of judicial officers across the Federation.

    As noted by Abuja-based lawyer, Otunba Tunde Falola, “By design, the NJC was intended to shield the Judiciary from political interference by the Executive arm.”

    Falola added that under Paragraph 21(C) of the Third Schedule to the   Constitution, as it relates to the appointment of a Chief Judge and other judges of the various states of the Federation, the NJC is required to recommend judicial appointments to state governors.

    “Section 271(1) of the Constitution also provides that the appointment of a state Chief Judge shall be made by the governor on the recommendation of the NJC, subject to confirmation by the State House of Assembly of that particular state.

    “By implication, the governor of a state is not at liberty to act unilaterally or ignore the NJC’s recommendation in such appointment.

    Read Also: Alleged age falsification: NJC recommends 10 Imo Judges for sack

    “Yet, the Constitution vests the final appointing act in the governor, creating room for executive resistance and rascality,” Falola added.

    Another lawyer, Akinlolu Kehinde (SAN) noted that by the provision of Section 271(1) of the  Constitution, the NJC is the recommending authority in judges’ appointment, but the governor is the appointing authority.

    Kehinde added: “The NJC cannot directly appoint a state Chief Judge. Thus, the NJC has no direct enforcement power if a governor refuses to act.”

    Is the NJC helpless?

    To the lawyers, the NJC is not totally helpless in the face of continuous defiance of its directives by state governors, but it is constrained by some ambiguities inherent in the constitution.

    Kehinde, Musibau Adetunbi (SAN) and Falola are of the view that the situation is not totally without a remedy.

    They identified measures to be adopted to remedy the situation, but were quick to stress the need for amendments to the construction to address existing locuna and provide the NJC with more biting powers.

    In the interim, Kehinde suggested that the NJC and other stakeholders could continue to explore the option of judicial review where its directives are ignored.

    He said: “The NJC, NBA, or concerned parties can go to court for an order of mandamus compelling the governor to act in line with the constitution.

    “Courts have, in the past, declared actions of governors in this regard unconstitutional.”

    He said another option is for the NJC to refuse to recognise or deal with anyone other than its recommended candidate, adding that if unrecognised by the NJC, such governor’s appointee will become “a mere ‘political CJ’ without judicial legitimacy.”

    Kehinde also suggested that the NJC could resort to the application of both public and political pressure by issuing strong public statements to rally pressure, since the judiciary itself cannot enforce political will.

    According to him, the NJC is not completely helpless, but its hands are tied by existing constitutional scheme.

    He added: “The real enforcement lies with the courts (via mandamus or constitutional interpretation) and the political process (House of Assembly and public accountability).

    “In truth, unless the constitution is amended to give the NJC more bite, governors will continue to exploit this loophole,” Kehinde said.

    Adetunbi argued that under the current constitutional arrangement, there is little the NJC can do to compel governors to abide by its directives.

    Falola, like Kehinde, noted that  the NJC lacks direct coercive powers when it comes to enforcement of its directives.

    He added: “What this means is that, it (the NJC) cannot compel a governor of a state to sign an appointment letter or administer the oath of office on any judge it may have recommended.

    “However, this does not mean that the council is powerless: far from it, as there are several avenues it can explore in ensuring that its directives are complied with.”

    Falola spoke about the resort to judicial enforcement of its decisions, stating that where the governor of a state  refuses to comply with the directive of the NJC, the affected judge, the NBA or concerned litigants can approach the courts to compel compliance.

    He added: “The courts have repeatedly affirmed the NJC’s primacy in judicial appointments as was seen in the case of Hon.Justice Elelu_Habeeb’s (former Chief Judge of Kwara State) case.

    “That case as a precedent, strengthens the NJC’s power in terms of recommendation of the appointment of the Chief Judge of a state and provides a pathway for judicial enforcement.”

    Falola also spoke about the need for constitutional remedies, arguing that sequel to the provision of Section 287(3) of the constitution, once the NJC’s recommendation is judicially affirmed by the court, the  affected governor becomes legally bound to comply, failing which he risks public condemnation and the attendant consequences.

    As a measure, Falola spoke about the possibility of the NJC can escalate the matter to the President, the National Assembly, and the Nigerian Governors’ Forum (NGF).

    He added that the NBA and civil society can also exert public and political pressure on recalcitrant governors with a view to ensuring compliance with the NJC directives as was done in the case in Rivers State under Amaechi, where sustained agitation eventually led to the inauguration of the then Chief Judge of the state.

    Falola said: “I want to believe that the NJC is not entirely helpless, but its powers are indirect. It can rely on judicial affirmation, constitutional obligations, and political pressure to enforce compliance when governors act in defiance of its directives.

    “The recurring nature of these crises underscores the urgent need for constitutional reforms to protect the independence of the Judiciary and prevent executive overreach.

    “As things stand, the NJC must be proactive by securing judicial orders, mobilising institutional allies, and ensuring that no state governor undermines the rule of law with impunity,” Falola said.

  • Nasarawa govt, Digitslaw partner on justice system digitisation

    Nasarawa govt, Digitslaw partner on justice system digitisation

    The Nasarawa State Ministry of Justice has signed an agreement with Digitslaw, a leading legal technology company, towards digitising the state’s justice system.

    Digitslaw is an all-in-one law practice management software that offers the easiest, intuitive, and most organised way for ministries, government agencies, and legal professionals to manage their cases.

    The innovative software will enable the ministry to manage cases more efficiently, track progress in real time, and enhance transparency across all levels of justice delivery. It can also be used on the web and mobile devices.

    Nasarawa State Attorney-General, Isaac Danladi Ahmadu, described the agreement as a “milestone achievement” and commended Governor Abdullahi Sule for granting approval.

    He explained that the platform will allow lawyers and even the governor himself to remotely monitor cases and legal activities, boosting accountability and efficiency.

    Ahmadu noted that with just a single click, Digitslaw offers the convenience of real-time updates, enabling lawyers to stay on top of their cases and manage workflows seamlessly, even from a mobile phone.

    He assured that lawyers in the Ministry are ready to leverage the technology to transform justice administration in the state.

    Read Also: Police foil child trafficking attempt in Nasarawa, rescue three minors

    Leading the Digitslaw team, Mr. Joseph Okonkwor (Head of Operations), accompanied by Mr. Afolabi Akinwale and Miss Alaba Osho, explained that the platform provides comprehensive case management, court process tracking, and digitisation of key workflows.

    He added that lawyers in the Ministry of Justice have already been onboarded and trained.

    Miss Osho emphasised that the adoption of Digitslaw will deliver greater efficiency, accessibility, and transparency, positioning Nasarawa State as a leader in legal innovation in Nigeria.

    “The digitisation of workflows will reduce delays, improve case tracking, and ultimately strengthen the state’s justice system,” she noted.

    The ceremony, witnessed by directors from the Ministry of Justice, was hailed as a major step toward modernising the legal system.

    The partnership underscores a growing momentum in Nigeria’s legal sector to embrace technology, with Nasarawa State taking the lead in pioneering digital justice delivery.

  • PUNUKA receives risk management award

    PUNUKA receives risk management award

    Punuka Attorneys & Solicitors has received the “Distinguished Support for Risk Management Development in Nigeria Award” by the Chartered Risk Management Institute (CRMI).

    The award was presented at CRMI’s Dinner & Award Night held in Lagos.

    A Partner, Ebelechukwu Enedah and an Associate, Halima Abdulsalam, represented the law firm at the event.

    The firm, in a statement by the management led by Senior Partner Dr Anthony Idigbe (SAN), said the recognition is a significant honour and underscores its ongoing commitment to advancing the practice of risk management in Nigeria.

    Read Also: Punuka Foundation gets first Executive Director

    It stated: “At PUNUKA, we understand the critical role risk management plays in safeguarding institutions, enhancing regulatory compliance, and building sustainable business resilience.

    “Over the years, we have supported and championed initiatives that promote awareness, training, and capacity development across industries.

    “As proud members and partners of CRMI, the foremost professional body for risk management in Nigeria, we are dedicated to contributing to its mission of strengthening institutional frameworks for risk governance.

    “Through its quarterly roundtables, annual conferences, and knowledge resources, CRMI continues to raise professional standards nationwide, and we are honoured to be part of this progress.

    “This award further inspires us to deepen our collaboration with regulators, stakeholders, and the broader business community in Nigeria, embedding robust risk strategies into both the legal and corporate landscape.

    “We extend our sincere gratitude to CRMI for this recognition and to our dedicated team and partners whose commitment made this achievement possible.”

  • Babalakin & Co hosts roundtable on cross-border opportunities

    Babalakin & Co hosts roundtable on cross-border opportunities

    A law firm, Babalakin & Co., is set to drive a discourse on shaping new strategies for African growth through its exclusive Finance Roundtable 1.0.

    Its theme is: “Structuring for growth: leveraging Mauritius for cross-border expansion and financing.”

    The high-level breakfast event, scheduled for tomorrow, will bring together Nigeria’s leading entrepreneurs, investors, and professionals for a forward-looking conversation on structuring, finance, growth, and global opportunity.

    The speaker lineup includes Mabel Okereke, Partner at Babalakin & Co.; Azeez Abiodun, Chief Representative Officer (Nigeria) at Mauritius Commercial Bank; and Kesaven Moothoosamy, Chief Executive Officer of Intercontinental Trust Limited (ITL).

    Read Also: Babalakin & Co to mark 37th anniversary with art exhibition

    They will lead a candid conversation and share actionable insights on accessing international finance without losing local focus; designing robust structures for investments and asset management, and creating competitive platforms for Nigerian businesses to grow, expand and compete globally.

    Okereke, Practice Group Head, Financial Services and Securities at Babalakin & Co., said: “The Finance Roundtable 1.0 is about bringing international finance to our shores and empowering Nigerian companies to compete on a global stage.

    “Mauritius is a trusted international hub, and when used strategically, it can help channel resources back into sectors that matter most for our economy.”

    The event, the firm said, promises to be a meeting point for high-net-worth individuals, fund managers, business owners, and thought leaders, to share knowledge, forge partnerships, and shape new strategies for African growth.

    “This initiative reflects Babalakin & Co.’s broader vision of law: proactive, practical, and tuned to the realities of business.

    “Beyond advocacy, the firm is creating platforms where finance, law, and opportunity meet, helping Nigerian entrepreneurs and investors chart a bigger future,” the firm stated.

    It added: “For decades, Babalakin & Co., a renowned commercial full-service law firm, has been a trusted adviser in Nigeria’s commercial legal landscape.

    “With the Finance Roundtable 1.0, the firm will help businesses recognise or attract cross-border capital and networks-crucial bridges for global expansion.

    “At the heart of the Finance Roundtable is a unique collaboration with ITL, a leading Mauritius-based financial and fiduciary services company licensed by the Mauritius Financial Services Commission, with offices across Africa and Asia.

    “By joining forces with ITL, Babalakin & Co. is giving Nigerian investors and companies direct access to priceless practical expertise on international structuring, while keeping the focus firmly on attracting capital into Nigeria and Africa.”