Category: Law

  • Bandits as guards?

    Bandits as guards?

    Islamic cleric Sheikh Gumi has a proposal to check Nigeria’s booming banditry industry: amnesty, rehabilitation and jobs for repentant criminals, possibly as farm or forest guards. The alternative, he warns, is more indiscriminate killings and abductions. But not everyone agrees that forgiveness is what the situation needs, writes ROBERT EGBE.

     

    President Muhammadu Buhari on June 10, this year ordered security forces and law enforcement agencies to deal ruthlessly with bandits terrorising the Northwest.

    This order came on the heels of an earlier, controversial one that those carrying AK 47 rifles should be shot on sight.

    Kidnapping for ransom, cattle rustling, and terrorist-like violence—all characterised as banditry—have increased dramatically in the region in recent years.

    “We are going to treat them in the language they understand. We have given the police and the military the power to be ruthless. You watch it; in a few weeks’ time there will be difference,” he said in an interview with Arise TV.

    But for Islamic cleric Sheikh Ahmad Gumi, the President’s command is not enough.

    Unemployment, easy access to guns and seemingly underfunded and inadequately equipped security forces have combined to make banditry a booming industry in some parts of northern Nigeria.

    Between December 2020 and March 2021, for instance, 769 students were taken in at least five school kidnappings in northern Nigeria.

    The number is thought to have risen close to or over 1000 since then, following more abductions and attacks.

    Gumi, who has been acting as a go-between for the bandits and families of their victims, sees the situation differently.

    He believes the root of the problem is mostly pure economics and tribalism. According to him, the bandits are victims of government neglect. They are involved in a tribal war with their neighbours, and must be granted amnesty if they must quit their criminal acts.

    Speaking last Wednesday via the same medium as the President, Gumi said the bandits were ready to surrender if government would provide a means of livelihood for them.

    “The Niger Delta example, I think we can take example from that. When they were vandalising pipelines, they were given the pipelines to guard.

    “Now, the herdsmen are controlling a big chunk of land whereby they are preventing farmers from farming. As the Niger Delta is important to the economy, these herdsmen now are becoming important to the Nigerian economy.

    “They can be our guards, they can guard the forests. They have qualities that we can tap from,” Gumi said.

    The scholar said the amnesty must be genuine, otherwise it would fail.

    He dismissed the amnesty granted to bandits by Katsina State Governor Bello Masari, describing it as “political amnesty” without any package.

    “When you grant a political amnesty, I mean amnesty in front of the press and the media but in the real sense there was no amnesty.

    “Amnesty comes with a package. The package is you rehabilitate these criminals, you provide for them social amenities. You entice then to leave the forests by providing them with skills. But there is no project put forward.

    Read Also: Gumi demands apology over DSS questioning

     

    ‘’But now, there is relative peace in Katsina because the government now appears to be implementing real amnesty. We can understand why Zamfara cannot implement amnesty for bandits. It is because of financial constraints. We can take examples from the Niger Delta where government even gave militants the job of protecting oil pipelines in the region.

    ‘’The same can be done for bandits who have promised to guard the forests to enable farmers return to their farms and release hundreds of captives held by them. The bandits are ready to sit down with the government to discuss issues but I don’t know why government is not forthcoming on this.”

    Who are the bandits?

    According to Gumi, the situation is complex and some of the bandits are from opposing tribes in the North.

    He said: “We over-simplify a very complex issue and this breeds confusion. Nigeria is fighting a tribal war and government is supposed to be neutral but it is not. This is what I saw in Zamfara; this is what I saw in Niger.”

    There are, however, fears that many of the bandits are not even Nigerians.

    Many are thought to be Nigeriens or Malians who have taken advantage of Nigeria’s porous borders. Cattle rustling has long been a problem among the Fulani, and over the past decade, rustlers have begun engaging in more lucrative kidnappings for ransom as well, particularly, targeting highways. Many Fulani accuse some Hausa in the Northwest of dispossessing them of their cattle and building on grazing routes, driving Fulani youth into destitution and criminality.

    Large-scale kidnappings of dozens or even hundreds of people have also become easier to stage as the flow of weapons from North Africa and the Sahel has increased since Libya’s civil war in 2011.

    In 2019, the Zamfara State Government estimated there were more than 10,000 bandits in 40 camps across the state.

    Between 2011 and 2019, up to 3,600 people were kidnapped in Zamfara alone, while violence has killed 8,000 people and displaced 200,000, according to the ICG.

    Gangs have also stepped up attacks on workers in the informal gold mining sector. And, in recent months, they have targeted schools for boys and girls. Four mass kidnappings of students have taken place since December.

    Amnesty for militants

    Hoping to quell a violent insurgency in the Niger Delta, the Federal Government implemented an unconditional amnesty in 2009, offering a clean slate to militants whose demands for resource control, environmental justice and sustainable socioeconomic development had resulted in massive regional disruption.

    The militants’ sabotage, oil siphoning rackets and kidnappings hit the economy hard.

    Then-President Umaru Musa Yar’Adua introduced the Presidential Amnesty Programme (PAP) or the Niger Delta Amnesty Programme (NDAP), as a disarmament, demobilisation and reintegration scheme in answer to the increasing violence throughout the prior decade.

    The amnesty was originally designed to last only five years, but it remains in effect.

    Approximately 30,000 people in the Niger Delta enrolled in the PAP as ex-militants. However, only 2,700 weapons were surrendered. Some militants, fearing the programme and its potential repercussions, abstained from participating.

    The PAP was modelled after the United Nation’s Disarmament, Demobilisation and Reintegration (DDR) interventionist programme. It was adjudged a success for restoring oil production to pre-amnesty level and reducing the scale of insecurity in the region.

    Read Also: Between PMB and Sheik Gumi

     

    Between 2010 and 2014, the implementation of the Amnesty programme gulped N243 billion ($1.68 billion), making this home-grown DDR programme one of the world’s most expensive. In 2017, the amnesty budget almost tripled, with an additional N30 billion ($98.47 million) being released and an extra N5 billion reportedly added at a later stage. Until 2016 the annual budget was N20 billion.

    Amnesty for bandits?

    While amnesty for militants received widespread support, Gumi’s proposal on behalf of bandits has not.

    A former Deputy Director-General, Nigerian Law School, Prof Ernest Ojukwu (SAN), pooh-poohed the idea.

    Ojukwu said: “No, there cannot be an amnesty for bandits. Gumi calls them bandits not agitators of any cause. Bandits are simply robbers or outlaws belonging to a gang or gangs and typically operating in an isolated or lawless area.

    “The solution to banditry is not amnesty. The state should demonstrate that the state owns its land and not bandits. Lawlessness means a breakdown of governance, a failed state. The Nigerian Government should demonstrate that Nigeria has not failed. If she does, there will be no banditry.

    “To compare banditry to the Niger Delta amnesty case is the highest form of dishonesty and to succumb to that blackmail will be a confirmation that Nigeria is a failed state because amnesty to bandits will not solve banditry.”

    Prof Bukola Akinola of the Department of Private and Property Law, Redeemer’s University, Osun State, also kicked against amnesty for bandits.

    Akinola said: “It is not something worth considering. The rationale for the Niger Delta militants is different; the entire nation is using their resources, they are the goose that lays the golden eggs.

    “So, their agitation was totally different from what Gumi is canvassing. Gumi himself told us that some Boko Haram elements are among the bandits. So, if they are, are we giving amnesty to terrorists? Is that the practice globally? If the political will is there, Gumi knows where they are, we have the air force, the military.”

    The don reasoned that environment degradation, among others, suffered by the Niger Deltans pushed them into militancy, but there are no such conditions for the bandits.

    “What is the meaning of amnesty itself? In this case you can’t compare bandits to Niger Delta militants. The Federal Government is still cleaning up oil spills till now. The people of the Niger Delta are still battling with it; their water, their land.

    “What is wrong in the Northcentral and Northwest that the bandits are going on a rampage there? We must be able to factor into consideration, what their agitation is.”

    Akinola also argued that even if the identity of bandits is stretched to include herders, it would still not be justified to grant them amnesty.

    “If he says they are herdsmen, can’t cattle rearing be a private business? If you create grazing routes for cows, what about pigs? Will you allow pigs to have grazing routes from southern to northern Nigeria? Will the northern states allow it?

    ‘Constitution preaches fairness and equity’

    The don noted that the Constitution in Chapter 2 “preaches fairness and equity across every sphere of the country. A criminal is a criminal; they should be arrested and tried lawfully.

    “There is no justification for giving amnesty to bandits. Don’t forget that these bandits have been said to be non-Nigerians. So, are we going to give amnesty to non-Nigerians coming to destroy Nigeria? If we grant them amnesty, where do we settle them?

    “Is that the practice globally, that you give amnesty to illegal migrants? If you and I sneak into the United States and we start killing people, will they grant us amnesty? Will Canada or Italy give us amnesty?

    “The President once told us that these people are from the aftermath of the war in Libya. Should Nigeria pamper such persons? Are they within ECOWAS? Is there any ECOWAS treaty that requires us to allow them into the country? None.

    “So, the idea of amnesty for bandits is not legal. We have to deploy the military to do their job and the political will must be there to arrest the situation.”

    Amnesty law

    If the Federal Government heeds Gumi’s advice, one of the ways it could execute an amnesty for bandits is to pass an amnesty law to free them from liability from their past.

    An amnesty law is any legislative, constitutional or executive arrangement that retroactively exempts a select group of people, usually military leaders and government leaders, from criminal liability for the crimes that they committed.

    More specifically, in the ‘age of accountability’, amnesty laws have come to be considered as granting impunity for the violation of human rights, including institutional measures that preclude the prosecution for such crimes and reprieve those crimes already convicted, avoiding any form of accountability.

    Why amnesty law

    Why would the government need an amnesty law for banditry? To potentially stave off (particularly criminal) litigation against pardoned persons.

    Many countries have been plagued by revolutions, coups, and civil war. After such turmoil, the leaders of the outgoing regime that want, or are forced, to restore democracy in their country are confronted with possible litigation regarding the “counterinsurgency” actions taken during their reign.

    Read Also: The Sheikh Gumi terrorism paradox

     

    It is not uncommon for people to make allegations of human rights abuse and crimes against humanity. To overcome the hazard of facing prosecution, many countries have absolved those involved of their alleged crimes.

    However, victims, their families and human rights organisations-e.g., Amnesty International, Human Rights Watch, Humanitarian Law Project-have opposed such laws through demonstrations and litigation; they argue that an amnesty law violates local constitutional law and international law by upholding impunity.

    Also, providing amnesty for “international crimes”-which include crimes against humanity, war crimes and genocide-is increasingly considered to be prohibited by international law.

    International, regional and national courts have increasingly overturned general amnesties and recent peace agreements have largely avoided granting amnesty for serious crimes.

    With that in mind, the International Criminal Court was established to ensure that perpetrators do not evade command responsibility for their crimes should the local government fail to prosecute.

    Countries that have granted amnesty to rights violators

    In recognition of the need to make amnesties lawful, many countries in Africa have backed it up with amnesty laws, with varying degrees of success.

    Afghanistan

    The Afghan government adopted the Action Plan for Peace, Justice, and Reconciliation in December 2005, and hotly debated the plan’s focus on criminal accountability. Later, Parliament adopted a bill that provided a nearly blanket amnesty for all those involved in the Afghan conflict in previous decades.

    The drafting of the amnesty bill was pioneered by some of the former commanders known to have committed human rights abuses and who felt threatened by the sudden emphasis on accountability.

    Although this bill was never formally recognised as law, it has had major political significance, serving as a clear signal of some human rights violators’ continuing power.

    Algeria

    A decree by the President in 2006 makes prosecution impossible for human rights abuses, and even muzzle open debate by criminalising public discussion about the nation’s decade-long conflict.

    Benin Republic

    In exchange for a full pardon for any crimes he may have committed, President Mathieu Kérékou who served as President of Benin Republic from 1972, peacefully ceded power in early 1991.

    By March 1991, the Beninese electorate had ratified a new constitution and democratically elected Soglo president.

    Free of criminal liability, Kérékou again contested for and won election in 1996 and served till 2006.

    Brazil

    In 1979, Brazil’s military dictatorship-which suppressed young political activists and trade unionists-passed an amnesty law.

    This law allowed exiled activists to return, but was also used to shield human rights violators from prosecution.

    Perpetrators of human rights abuses during Brazil’s 1964 to 1985 military dictatorship have yet to face criminal justice.

    In 2010, the Inter-American Court of Human Rights declared Brazil’s amnesty law illegal because of the provisions that “prevent the investigation and punishment of serious human rights violations” and ordered the nation to begin exploring the gross human rights violations of the past.

    On April 9, 2014, a bill (#237/2013) that would modify this law to exclude human rights violations committed by state agents was approved by the Brazilian senate.

    Democratic Republic of the Congo

    In November 2005 an amnesty law was adopted regarding offences committed between August 1996 and June 2003.

    President Joseph Kabila put the law into effect in May 2009. This law forgives combatants for war-related violence in the eastern provinces of North and South Kivu committed between June 2003 and May 2009 – excluding genocide, war crimes international crimes against humanity.

    Although of limited temporal and geographic scope, by granting amnesty for many crimes perpetrated by rebel groups, Congolese armed forces, militias, and police, there is a risk that the law may perpetuate the DRC’s culture of impunity.

    El Salvador

    Following the twelve-year-long civil war an amnesty law was passed in 1993. The law modified a previous amnesty law which was passed in 1992.

    In 2016, however, the amnesty law was overturned by the El Salvador Supreme Court.

    Will amnesty shield bandits from civil or criminal liability?

     

     

  • Women lawyers unite for child rights at Lagos FIDA Week

    Women lawyers unite for child rights at Lagos FIDA Week

    The International Federation of Women Lawyers (FIDA) Lagos State chapter has held its yearly Law Week with focus on children’s right to life and a stable home as a way to eliminate social conflicts, writes ROBERT EGBE.

     

    Lawyers from across Lagos gathered in Ikeja recently for the International Federation of Women Lawyers (FIDA) week.

    The yearly flagship event of the association was subdued last year because of the need to adhere to the Covid-19 pandemic protocols.

    But, this time around, the event held physically and virtual, permitting lawyers who could not attend physically to participate from their homes.

    Activities kicked off on June 16, a day internationally recognised as the Day of the African child. Thus, the theme was “African child’s right to life and a stable home: towards eliminating social conflicts in Nigeria”.

    It featured a rich array of participants and guests, including Lagos State First Lady, Dr. Ibijoke Sanwo-Olu, who delivered a goodwill message; and Chairman, House Committee on Women Affairs and Poverty Alleviation, Mojisola Alli-Macaulay, among others.

    FIDA Lagos chairperson Mrs. Phil Nneji set the ball rolling with her welcome address followed by a brief summary of the event by the Chairperson of the FIDA Law Week Committee, Mrs. Adejoke Layi-Babatunde.

    A former Dean of Faculty of Law, University of Lagos, Prof. Ayo Atsenuwa. delivered the keynote lecture, which focused on the theme of the week.

    Atsenuwa reiterated the four principles which the Child’s Rights Act of 2008 and the Child’s Rights Laws adopted by some states are hinged on to include: non-discrimination, right to life and survival, right to express one’s views or be heard, best interest of the child.

    She recommended that child’s right programming approach should be scaled up, grassroots advocacy on child rights law and partnership with other relevant agencies to work in cohesion towards achieving the best interest of the Nigerian child.

    A panel session consisting of the following panelists, Chief Magistrate Kikelomo Ayeye, Maryam Uwais, Taiwo Akinlami and Babajide Ogunsanwo was part of the highlights of the occasion.

    Topics ranging from “Impact of child rights laws on the safety and welfare of children in Nigeria: any appreciable progress?” “Ending child marriage: the effects and demerits of child marriage”; “Keeping our children safe in the season of insecurity; Analysing the future of the African child” were discussed by the panelists.

    Others included “Career opportunities for female lawyers”, “Law as a business: leveraging technology to build a profitable law practice”, “Professional ethics and pursuit of excellence,” “Going the extra mile on personal and corporate standard” etc.

    Chairman, Nigerian Bar Association (NBA) Welfare Committee, Yakubu C. Maikyau, SAN, who sent a goodwill message, urged lawyers to be sensitive to, and prioritise, the welfare and rights of the child in matrimonial causes.

    Maikyau said: “The right to life does not guarantee the right to quality living, as the privilege to shelter does not guarantee a home. Thus, whilst the Constitution and other legislations may guarantee the form, it is upon us as humans, and more so as lawyers, to deliver on the substance of these rights.

    “We must introspect, debate, and suggest necessary reforms of our laws to better serve the Nigerian Child.

    “We must be sensitive to, and prioritise the welfare and rights of the child in all matrimonial causes that comes to us as counsel and arbiters.

    “Finally, we must continue to defend the fundamental rights of the child where violated and be at the vanguard of prosecuting those that violate them, and on this final score.”

    The activities of Day Two of the event were held virtually. They were anchored by Ifeoma Ben and Adefowoke Ayo-Ponle.

    Speakers included Victoria Awomolo, SAN, (Career Opportunities for a Female Lawyer: Accessing Resources and Visibility), Titilola Akinlanwon, SAN, (Professional Ethics and Pursuit of Excellence), Abimbola Akeredolu, SAN, (Going the Extra Mile on Personal and Corporate Standards), Inemesit Dike (Law as a Business Leveraging Technology to Build a Profitable Law Practice), Abiola Longe-Abilonge (Your Money and You), Ifeoma Williams (Executive Presence: The ‘X’ Factor for Effective Networking in the Global Market Place), Chinasa Amadi (Your Health and You).

    Activities consisted of a visit to FIDA Children’s Ward at the Lagos State University Teaching Hospital, Idi-Araba, and the Female Correctional Facility at Kirikiri, Lagos State.

    Speaking during the hospital visit, Mrs. Nneji said: “FIDA is an NGO of all women called to the practice of law in Nigeria. And our core objectives include: to protect, promote and preserve the rights and interests of the indigent and vulnerable members of our society, especially women and children. So, we have been working with respect to touching the lives of children and that is because we very passionate about the women and children who are among the most vulnerable members of the society.

    “We are in our Ward, Ward A4 of the Prof. Olikoye Ransome-Kuti Children’s Emergency Centre here in LUTH, Idi-Araba to make presentations to the children. Ward A4 is for children with emergency cases like surgery; and over the years we have been very supportive, we have also discovered that most of these children are from the indigent members of the society, they don’t have resources to take care of themselves.

    “We are just trying to put smiles on the faces of these poor people, it has become like our annual ritual because we do this every year. We bring things here based on their requirements, based on what they want, last year we were here, this year we are here again and all the items you can see here we bought them based on what they required from us and we are happy doing this.

    “We very grateful to the good Lord that we are  able to meet their needs as you can see the fridge, the incubator, the gas oxygen cylinder, the freezer, the chairs and tables and so on just to support the hospital.”

    The Law Week dinner marking the end of the Law Week took place on Saturday, June 19 at White Stone Hotel, Ikeja.

    Guest speaker of the day, Chief Emeka Ngige, SAN, was represented by Chief Chijioke Okoli, SAN, who noted that the success of any society or organisation is measured by how it treats the vulnerable. He commended FIDA Lagos for ticking all the boxes, as regards achieving its aims and objectives. He delivered the gifts from Chief Ngige to FIDA Lagos and also supported with his own token.

    FIDA Lagos presented a cheque to the best student in its adopted school in Makoko.

    This was applauded by all at the dinner, attracting more donations for the best student.

    Among the dignitaries at the dinner were Mr. Layi-Babatunde, SAN, Some EXCO members of the NBA Nigeria; Mrs. Joyce Oduah, members of the Bench, NBA Lagos (Premier Bar), NBA Ikeja and others.

  • Foundation seeks more govt  support for torture victims

    Foundation seeks more govt support for torture victims

    By Adebisi Onanuga

     

    A non-Governmental Organisation (NGO) has urged federal and state governments to evolve a strategic approach towards caring for the victims of torture in our society.

    The NGO, Crime Victims Foundation of Nigeria (CRIVIFON), in a statement  to mark the International Day in Support of Victims of Torture, expressed concern over the situation in Nigeria and called for a paradigm shift whereby no issue of torture either by agents of the state or members of the public would be treated with levity.

    Its Executive Director, Mrs. Gloria Egbuji, in the statement, noted that despite that cases of torture have continued to increase in the country, governments have made  little or no serious effort at helping the victims to overcome the psychological, physical, emotional trauma and financial losses associated with such torture.

    Her words: “many Nigerians cutting across sex, religion, tribe, age and social class have over the years suffered one form of torture or the other in the hands of state security agencies like the police, Department of State Service, military, customs, immigration, traffic officials and so on.

    “Victims of such torture in most cases were innocent of what ever offence that led to the inhuman treatment by the security agents who often times are overzealous in the discharge of their official functions.

    “Often times, the victims of such torture are left with permanent physical disabilities that bring endless sorrow to their families particularly where such victims are the bread winners of their families,” the foundation stated.

    The foundation drew attention of the first two levels of governments to the provisions of Section 34 of the 1999 Constitution of the Federal Republic of Nigeria (as Amended).

    It pointed out that the Section recognises the fact that “every individual is entitled to respect for the dignity of his person” and as such, “no person shall be subject to torture or inhuman or degrading treatment.

    “Section 34 of the Constitution also holds that “no person shall be held in slavery or servitude and no person shall be required to perform forced or compulsory labour except as mandated by court of law.”

    Other category of victims of torture according to CRIVIFON include those who suffer jungle justice in the hands of angry mob who vent anger and brutality on any one suspected to have been involved in one criminal act or the other without prior investigation or involvement of the law enforcement agents before taking laws into their hands.

    “Many times innocent people have been tortured and left with serious body injuries and emotional trauma by members of the public for alleged offences that often turn out to be false,” the emphasised.

    The United Nations International Day in support of victims of torture is annually observed on June 26 to remind people that human torture is not only unacceptable but also a crime.

    June 26 yearly was chosen by the United Nations via a Resolution in  December 1997 to be observed as the International Day in Support of the Victims of Torture. The Day is set aside also to speak against the crime of torture and to honour and support victims and survivors throughout the world.

    It is a day that unites  all stakeholders towards giving assistance to those who have faced or are facing torture in the society.

  • Coroner’s inquest into Ugboma’s death  to begin July 5

    Coroner’s inquest into Ugboma’s death to begin July 5

    By Robert Egbe

     

    The coroner’s inquest into the death of a Lagos chef, Peju Ugboma, will begin sitting on July 5.

    The inquest will be presided over by M.K.O. Fadeyi at magistrate court 13, Samuel Ilori Court House, Ogba, Ikeja.

    Ugboma, aged 41, died on April 23 after her surgery at Premier Specialist Medical Centre, Victoria Island, Lagos.

    Her family alleged that their daughter died due to the negligence of health officials at the hospital, where she had undergone the surgery for fibroid but later suffered internal bleeding.

    In the heat of the public outrage that followed, the Federal Competition and Consumer Protection Commission (FCCPC) initiated investigation into possible violations of patient and consumer rights in Ugboma’s case.

    Last Monday, the coroner’s inquest towards ascertaining the circumstances surrounding her death was initiated.

    Olisa Agbakoba Legal, acting on the instructions of the deceased’s husband, Ijoma Ugboma, requested an inquest and in response, the Chief Coroner of Lagos appointed Fadeyi.

    At the preliminary sitting, Fadeyi gave a general guideline on the nature of the procedure he is adopting and directed the inquest to commence on July 5.

  • Lawyer faults demolition of Deeper Life church’s building in Yaba

    Lawyer faults demolition of Deeper Life church’s building in Yaba

    By Eric Ikhilae, Abuja

    The Deeper Christian Life Ministry (DCLM) has faulted the demolition of its church building at No: 2/4 Biney Street, Yaba, Lagos by alleged agents of the Lagos State Government and the Lagos Metropolitan Area Transport Authority (LAMATA).

    The church, in a statement by its lawyer, Nojim Tairu, claimed that the demolition, which was carried out on June 5, this year, a day to the church’s founder’s 80th birthday, was done without notice to the church’s management.

    “No opportunity was afforded nor Notice given to the church and her members including several students resident in the premises to remove their belongings which became war booties in the hand of the large throng ‘of hoodlums and area boys employed by Lagos State and LAMATA in the dastardly act

    “Apart from the church land itself located at 2/4 Biney Street, Yaba, Lagos and the subsisting Lagos State Government approved building foundation thereon valued at about N50million for a proposed two-storey ultra- modem church/headquarters complex, the moveable properties of the church, including items belonging to her members, particularly the resident youth brethren, who are mostly students of Yaba College of Technology, which were carted away by the hoodlums during the demolition, was estimated about N100million.

    “This is apart from the existing structure on the land, which the valuation report by the church’s Estate Surveyor & Vaiuer, Olusola Oladapo assessed at N120million (although the amount was inadvertently stated at N140million in the church’s solicitor’s earlier correspondence to the state.

    “The demolition was clearly wrong and illegal by any standard. However, more worrisome was the fact that the state and LAMATA carried out their above ungodly and unlawful act despite the earlier letter by the church’s solicitors, Nojim Tairu & Co, calling for communication from the state on its quest to use the church’s property. The church’s entreaties fell on deaf ears as there was no reply from the state till date.

    LAMATA could not be immediately reached to comment on the latest development, but it had earlier denied the church’s claim in its earlier letter referred to by the lawyer.

    LAMATA’s Head of Corporate Communications, Kolawole Ojelabi, told an online platform, Premium Times that “the issues raised in the petition by the Deeper Christian Life Ministry are untrue.”

    Ojelabi said the state government had last October, embarked on a Redline Rail Project from Agbado to Marina to improve public transport.

    He added: “All property owners and tenants in affected communities of Yaba and the rest were duly informed and compensated.”

    Ojelabi said contrary to the claim in the petition, the government had communicated the planned demolition to the church.

    He also blamed the church for not ‘cooperating’ with LAMATA to be compensated. He accused the church of rejecting the N19 million compensation offered by the government.

    “We (LAMATA) offered the church over N19 million as compensation for the unoccupied property. You see, when the government acquires a property for public use, it only pays for the depreciated value of the property, not the land itself,” he said.

    He added: “They (the church officials) have been to our office twice. I have been to theirs twice.

    “We engaged the local government, market women, religious bodies and school authorities; members of the Community Development Association were invited. The meeting was held last year.

    “We engaged a consultant to enumerate everybody, property owners and tenants. All the names and properties involved were published in the media.

    “All landlords were invited as part of a groundbreaking ceremony, where they were all compensated by the Lagos State Governor.

    “They claimed that they were not aware of the announcement for property owners to submit ownership documents. That is not true. The affected properties were all published in the media.

    “The church was not willing to cooperate with LAMATA. But this is a public interest project that everyone should key into. Their title documents have been revoked by the Lagos State Government.

    “We have given them compensation value. They are contesting the amount of the compensation. It’s strange for a church to misinform the public about the project.”

  • Enugu Judiciary, NBA, others eulogise Nwodo

    Enugu Judiciary, NBA, others eulogise Nwodo

    By John Austin Unachukwu

    The cream of the legal profession were in Enugu last week to honour the late Dr Joseph Nnabuchi Nwodo.

    The event held at the Enugu State Bench of the Nigerian Bar Association (NBA) Bar Centre, Enugu.

    Also there were family, and friends gathered to extol the virtues of the departed.

    In her tribute, Chief Judge of Enugu State, Justice N. P. Emehelu stated: “Dr born in Nsukka on January 19,1944. Joe Nwodo, as he was fondly called, was born into the prominent political family of Chief  Igwe and Mrs J. U.Nwodo, a former Minister of Works, Eastern Nigeria.

    Justice Emehelu recalled that Joe was the first male child and second child of the family, a family filled with several prominent and accomplished personalities, including politicians, medical practitioners and lawyers.

    “This  sparking of a literary prowess East of the Niger started his primary education at St. Josephs School Nsukka in 1955 and  later moved to St.Patricks School, Ogbete, Enugu where he completed his primary school education.

    “For his secondary school education, he enrolled at the College of the Immaculate Conception (C.I.C) Enugu and  completed his O’ Level  with flying colours in November 1963.

    “At the CIC he held several positions of responsibility, including School Perfect 1959-1962, President Debating Society, 1961-1962, and Secretary, Debating Society, 1962-1963, among other positions in the sporting field.

    “Before proceeding abroad for tertiary education, he held the position of president United States Information Discussion Group, Enugu, Eastern Nigeria and was also the anchor of a weekly Television Debater Eastern Nigeria Television Service, Enugu, Eastern  Nigeria.

    “For his tertiary education, he  travelled to the United Kingdom at 19 in September 1963.There, he completed his ‘A’ Levels in Economics, History and British Constitution in a record three  months at Woodnewtoon Tutorial Establisment, Hanwell Castle Banbury Oxfordshire in 1963.

    “His principal at Oxford, Mr Browne said Nwodo was a very hardworking and diligent student who was interested in world problems that he could be relied on to treat people wisely and firm.

    Justice Emehelu recalled that at Oxfordshire,  Nwodo held several positions: School Prefect, President Castle Club and member first 11 (Football).

    Justice N. P. Emehelu said:“From there, he moved to London. His father had wanted him to study medicine, but he opted for Law. ‘’

    She enrolled at the London School of Economics in September 1964 and left after 10 years bagging a Bachelor of law in 1967, a master of law in 1968 and a doctorate in law in 1974.

    “He returned home in 1974 where he remained until recently he died.

    “While in school, Nwodo, in addition to his schedule of studies engaged in paid employment while studying in United Kingdom. He worked at the British Broadcasting Corporation (BBC), worked at a Tax office in south East London and worked as a teacher at the south East London Technical College. He was a man of humility who rarely displayed his privileged background.

    “Nwodo  established his legal practice where he specialised in commercial law practice.

    “He held retainership for several corporations foreign and Nigeria Banks including: Deutsche Bank AG, Nigerian industrial Development Bank, Fichtel and Sachs AG, Wayss and Freytag AG (Sister company to Julius Berger)  AG machinery and plant limited, Man AG, The Salzgitter group – covering Salzgitter West Africa, Noell West Africa limited and Nigeria Commercial and Industrial Enterprises (NCIE), Wurzburg Corporation.”

    The CJ continued: “He added more German company retainer ships, including Micheal Thomas and Partner KG, and Ferrostaal AG.

    He said Nwodo promoted the development of Nigeria’s electrical infrastructure, encouraging  more domestic and foreign direct investment into the lucrative power sector. He obtained several licences for power generation, developing numerous power purchase Agreements (PPA) during his consultation.

    He was well versed in the modalities for implementing Nigeria’s electricity laws as shown on the various legal opinions and consultations he handled.

    “In the mineral sector, he stamped his feet and was involved with the search for solution to the problems of the coal production in Nigeria.

    “Foremost of his consultation was an investment of $10 billion in Nigeria coal sector by a consortium he packaged and headed by Consol Energy INC, an American mining company.”

    She said Nwodo made his mark in commercial law trade and practices. His most challenging yet rewarding legal brief and career was his appointment as the legal adviser to the German-Austria Consortium of 17 companies that developed and built the Aladja Steel Plant in Sub-Saharan Africa and was built for $1.8 billion.

    Nwodo had a flourishing legal practice. His clients, she said, were happy with his commitment to duty.

    Justice Emehelu continued: “As I hinted earlier, this iroko of a man manifested interest in politics and leadership early in life during his secondary and tertiary school years. His emergence as the political gigantophicus of Nsukka and of Enugu state did take time to materialise.

    “In 1991, he became the guberna-torial candidate of the defunct National Republican Convention (N.R.C) in the Enugu State Governorship election.

    Following the turbulence that followed the preparations for the election, he and his main challenger were disqualified by the military rulers.”

    “Nwodo drafted his younger brother,  Dr. Okwesilieze Nwodo to take his place and run for the election. His brother won and sworn in as the first Governor of Enugu State (1991-1993).

    “He moved to the national scene and became a presidental aspirant under the same party (NRC) but was declared runner-up to the eventual winner of the ticket, Alhaji Bashiru Tofa.

    “It was Albert Schwaitzer who postulated that there is no higher religion than human services and to work for the common good is the greatest creed.

    “Nwodo served as a member of the Board of Warri Refining and Petrochemical Company (W.R.P.C), a subsidiary of the Nigerian National Petroleum Corporation (NNPC) where he helped facilitate several laws guiding the petroleum industry and contributed towards resolving various complex legal issues.’’

    Justice Emehelu said it  was while at the Southeast London Technical College that Nowdo met his bride, Tina. They married and had the famously referred first class squad of six, because all their six children graduated with first class honours in their various disciplines.

    They are: Mrs. Nkiruka Genervieve Wakeley-Jones, a lawyer and Management consultant.; Mr. Chukwuemeka Agunechibe Nwodo, a software engineer and banker; Mr. Joseph Nnabuchi Nwodo (Jnr.), a lawyer at Dr. J. N. Nwodo & Co.; Mrs. Chinenye Nwodo Zakariyau; a lawyer, Miss. Obiageli Lorraine Nwodo; a chartered accountant (Fellow) and Dr. Odinaka Nwodo, a surgeon.

    A good family man and lover of his people.  His legacy is summarized by his ability to create lasting memories across any social circle because of his love for people, particularly the poor.

    Concluding Reflections Our departed legal icon ran the race of life most successfully and has hit the rope in a very commendable manner.

    Up until his death, Dr. Joe Nwodo, popularly called “Ochendo Umu-Ogbenye” (the protector of the poor), was a humanist per excellence.  He was intent on developing a robust agricultural programme for the people when death struck.

    He was a man who believed so much in transparent conduct and accountability, both in public and private life.  He exhibited these traits very well as a Legal Practitioner, Public Servant and a Politician.

    He served meritoriously and was not the man to be carried away by the trappings of public office.  He kept no social boundaries.  He had an enjoyed immense goodwill from his colleagues, learned friends and other associates.

    It is clearly impossible to cover the field of his life and times using this allotted space.  He had so many great qualities and recorded so many successes as a Legal Practitioner, Public Servant and as a Politician.

    As I conclude this speech, I am moved by the tested words of William Shakespeare in his literary work fitted “As you like it” that: “All the world is a stage, and all the men and women merely players; they have their exists and their entrances; and one man in his time plays many parts, his acts being seven ages…”

    Dr. Joseph Nnabuchi Nwodo has played his part and without doubt has taken a glorious bow.  He has left lasting and indelible footprints on the sands of time in the legal profession.  He was a man contented with life.  These and other legacies he left behind should comfort the immediate and extended families of this Iroko of a man, whom we pay our condolence.

    It is therefore our sincere hope that the love, life and times he shared with you all will forever remain green in your hearts.

    The siblings: Chief Mrs. Grace Uche Obayi – former Commissioner for Education, old Anambra State. Dr. Emmanuel Okwesilieze Nwodo – the first Executive Governor of Enugu State. Chief John Nnia Nwodo – Immediate past President General Ohaneze Ndigbo, former Minister of Civil Aviation and former Minister of Information & Culture. Dr. Mrs.

    Catherine Eyiuche Owelle. Prof. Mrs. Valerie Azinge, (SAN) Who are knit together and had kept the Nwodo family a reference point as a good family.

    In his own tribute, Mr. Joe Nwodo ( Jr) said:”The grieving process has not been easy and I am still struggling to come to terms with your departure to heaven. I wake up everyday with my heart feeling heavy but with some lightness to it because I know you’re in a much better place and also because of the great things you achieved, the sacrifices you made, your love for people particularly the poor and needy. You taught us that real wealth was never measured in terms of money but instead on the person you were, your values, beliefs and ability to make an impact on the lives of others.

    “The tributes pouring in are testament to this.  The opportunities you created for many who had no hope but today hold some of the most important public offices across all arms of government are also testament to this.  That indeed is true wealth, not the cars or houses we accumulate but the lives we touch and the opportunities we create for the less privileged in society. Growing up, you were my role model as a child. Your passion for the law was so infectious. You were also a visionary.  You ability to visualize problems and resolve them pragmatically with a sense of purpose was also something I admired.

    Daddy as we mourn your death we also celebrate your life. You did your best.  You fought numerous battles in life. You fought and fought until you could fight no more.

    “ You were a fighter. You are the true definition of a Spartan. On average you were admitted to hospital eight times a year. On each occasion you were told you may not come out alive but you kept fighting and fighting. Even in your sick bed, you were more concerned about others than yourself.  Those final moments with you in the hospital were very special moments even though very hard to watch.

    Something we will never forget as a family.  The doctors only gave you two hours to live but you waited until the whole family arrived and even when we arrived you decided to leave us when we were all distracted. In your usual way not wanting to bother anyone.

    “When death occurs and we lose a loved one especially one who was very ill we are sometimes selfish in the sense that we are more focused on ourselves and our grief rather than what the other person went through and the sense of relief they must be feeling now in heaven. As we work through our grief we must remind ourselves that this is really not a sad moment but a celebration. No more hospitals Daddy, no more pain. You can rest now. You can also now walk freely in heaven without a wheel chair.  We are so proud of you Daddy. You never held any political office but you are a household name in Nigeria because of what you stood for and the sacrifices you made so others could excel.

    “ You were the President Nigeria never had.  If you were President, I have no doubt that you would have created a fairer society that worked for everyone.  If you were President, I have no doubt that you would have addressed issues of national unity with sincerity and a sense of purpose. You had great plans for the country.  You gave a lot to your country. Unfortunately the country did not reciprocate but yet you never held any grudges. Instead still wanting to give more even in your sick bed. We miss your presence everyday. Adaeze misses you as well. She is glad she got to meet you before your departure to heaven.

    You prayed for her and gave her your blessings. You also gave her a wonderful Nickname – “Woman Leader”. I will let her know when she is much older. I’ll also tell her your story, so she knows she is the true grand-daughter of a King. Goodbye Daddy and continue to Rest in Peace. Till we meet again.

    A Tribute to A Great Soul – Dr Joe Nwodo, LLB, LLM, PhD (Lond), BL.

    In his tribute, Prof. Epiphany Azinge (SAN) stated that ‘Great souls die…our minds, formed and informed by their radiance, fall away.’

    –       Maya Angelou, When Great Trees Fall, (1990) Joe [our great leader], as he was fondly called in the family was my brother-in-law and a great man; intellectually, professionally and in his private family life. He was also called Agadagbachiliuzo (Agada) and Ochendo Umuogbenye, titles he acquired by Ukehe customs and traditions.

    “Agada was a legal luminary, regent of Ukehe and heir apparent of the renowned Nwodo political dynasty. My early conversations with Agada revealed his profound intellect. But as is often said ‘the measure of intelligence is the ability to change’ and Agada worked passionately hard to change his immediate community, state and country through his political machinery and legendary agricultural policies. No doubt, his actions which has propelled his mentees into high-level political positions across Nigeria has been catalyst for positive change in the country.

    “While discharging his responsibilities, Agada mesmerized everyone with his oratory skills. His speeches were well-crafted, compelling and poetic with the aim of conveying an optimistic worldview with practical strategies towards achieving same. Agada was simply poetry in motion, a strength that endeared him to his people who would often

    chant in response‘Joe Nwodo, Joe Nwodo, ka’anyi ga eso, ona  eje je ka ona na na Joe Nwodo ka’anyi na eso’. His relationship with his people strongly revealed his ability to dine with kings without losing the common touch, this distinctive feature was fundamental in deepening our relationship as brothers.

     

    “Agada was my wife’s brother, but beyond this role, he was her third parent. I was opportune to observe their relationship around the 1980’s at the London School of Economics (LSE), when my wife (Val) and I were students, and Agada, a stellar doctoral graduate of the same University. Agada supported my wife, guided her and gave her the

    much-needed protection at all times. Agada inspired my wife with his work ethics in law and exposed her to his law practice in many jurisdictions in Europe. Agada also encouraged my wife and I to not just excel but to thrive. He always celebrated our achievements.

     

    “ When Val became the Secretary of the 2014 National Conference, Agada

    was always one call away to give her the much-needed guidance. When

    she became a Senior Advocate of Nigeria (SAN), Agada blessed and

    celebrated her accomplishments. Agada extended the same support he

    showed my wife to my entire family, selflessly. I remember when we

    dealt with a family emergency; Agada not just empathised with us, he

    also promised his unwavering presence. Despite his busy schedule,

    Agada lived up to his word. He remained physically and emotionally

    present with words of encouragement, updates and prayers. Like a

    brother, Agada was my family’s rock through difficult days.

     

    “In writing this tribute, I often wondered what I could say about

    Agada that would do him justice? That would connect you to the

    greatness my family and I experienced. Agada had many virtues, too

    many to extol, yet he remained humble. This says a lot about a man who

    achieved so much. I would tell you that Agada was an icon of words, an

    orator and an intellectual giant of many paths. Agada was a lawyer per

    excellence and the political juggernaut of our times. Indeed, Agada

    was the President Nigeria never had, the President Nigeria will

    forever miss. He lived for the downtrodden and closed class divides, a

    characteristic that earned him the title Ochendo Umuogbenye.

    Agada left us too soon, but as a great soul, he left us with an

    indelible guide of how to model our thoughts with kindness and how to

    live our lives with love. I do not doubt that his legacy will live on,

    in us” Azinge stated

    The Chairman Nigeria Bar Association ( NBA) Enugu branch Mr. Jude

    Ezegwui stated in his tribute that: “We came not only to mourn Dr. Joe

    Nwodo but to celebrate him. Pain tugged our hearts as we tried to

    absorb the news of demise of this great man late Joseph Nnabuchi

    Nwodo, PhD London, who slept in the Lord on 10th day of March, 2021.

     

    “How could Dr. Joe Nwodo die? He stood like a colossus over the legal

    and political terrene of Nigeria. My mind keeps going back to his

    numerous outings where he bamboozled the people with his stature and

    eloquence. How he toiled in de the field of law and politics; made

    invaluable and indelible mark yet to beaten. He has achieved so much

    in such a short time. He had a long winning streak of phenomenal

    successes as one of the most iconic leaders for our time. Before he

    succumbed to his last fight, he has survived many fights.

    “ He was exceptional-a sagely intellectual, a dogged activist and

    development practitioner, a prodigious administrator and patriotic

    nation builder. Above all he was a friend to many people. So how could

    he die? I have no answer to the question. I could only be rescued or

    consoled by the clear provisions of book of Ecclesiastes chapter 3

    verses 1-2 “to everything there is a season, and a time to every

    purpose under heaven: a time to be born, and a time to die;..”

    Few lines hymns 798 of scared songs and solo did say “they fade away

    like the stars of the morning, losing their lights in the glorious sun

    thus would be pas from this earth and its toiling only remembered by

    what we have done”

     

    We fondly remember  Dr. Joe Nwodo today. One of the most remarkable

    traits of Dr. Nwodo is his ability to build genuine bonds of

    friendship with so many people from so many people from many different

    backgrounds all over the world in the course of his political and

    legal life. Every engagement with leave you with an indelible

    impression of his passion for excellence.

     

    “His interest is first to you as a human being before any other

    interest. He was stellar and he had obsession for birthing ideas,

    nurturing them to success continuously.

     

    He was one of those that fought for democracy in this country putting

    in all he has to actualize it. There is no way you will not be

    infected by dr. Joe Nwodo’s good nature and friendship once you are

    contact with him oozing out great familiarity as if you have known him

    for so long. He was equally infectiously witty and at the same time

    deeply caring about people. He was highly place yet he condescended to

    men of low estate which earned him the name “Ochendo Umu Ogbenye”.

    He was irreverent of power structure when the occasion demanded to

    court the power that be and mobilize stakeholders toward achieving

    developmental objective and protection of his people, human right and

    rights of his numerous clients. He was an achiever per excellence!

    “Dr. Joe Nwodo, lying lifeless here, was a great asset to the legal

    profession especially lawyers in Enugu state. We pride ourselves about

    him at all place and at all levels.

    His understanding of the law, wealth of experience and his

    undisputable achievement in commercial law practice has generally

    contributed immeasurably to the success and promotion of joint

    ventures between foreign companies and Nigeria entities. He shall be

    greatly missed.

    He was mainly an international lawyer specializing in international

    commercial practice with wide cliental spread. Most of his clients are

    multinationals. Dr. Joe Nwodo had his PhD in international law and has

    turned down severally when he was beckoned to sit as a judge in the

    international court of justice. He was always in UK, Germany, USA  and

    all over the world including village doing good. He has trained and

    produced many senior lawyers, politicians, ministers, Professors, SANs

    and Judges” Ezegwui stated

     

    Mr. Onyekach Okafor,  Chairman of NBA Oji River branch stated that:

    “The Demise Of  Dr Joseph Nnabuchi Nwodo reminds us of th quotation

    made  by Leonardo Da Vinci Who said: “As A Well Spent Day bring happy

    sleep, so also a  life well lived brings happy death”

     

    “Dr Joe Nwodo lived a good life and impacted positively on others

    when he was alive.

    We submit that it is due to his absolute belief  in the equality of

    all men in the eye of the natural law that emboldened him to become a

    human right advocate as well as the  voice for the voiceless or

    Ochendo Umuogbenye (Protector of the poor).

    President Eisenhower, The 34th President Of USA Said:

    “America is great because it is good. And America cease to be great

    when it Cease to be good”.

    “As a matter of fact, considering the testimony of people about late

    Dr. Joseph Nwodo, he was indeed a good man when he was alive.

    It is this great personality that we have all gathered here today to

    pay our last respect.

     

    “Those Of us In Nigerian Bar Association Oji-River Branch Use This

    Medium To Advise The Children To Endeavour To Emulate Their Father So

    As To Live The Good Life Their Father Lived.

     

    My Lord, The Chief Judge Of Enugu State, I crave your indulgence to

    submit that by virtue of the profile of our learned friend late Dr.

    Joe Nwodo,  he was indeed a great man when he was alive.

     

    On this note my Lord,  I  hereby adopt my tribute in honor of our

    departed learned colleague Dr. Joseph Nnabuchi Nwodo” Okafor stated

     

     

     

  • Effective judicial system: A catalyst for growth

    Effective judicial system: A catalyst for growth

    In this piece, Kemi Pinheiro (SAN), Ogbonna Chukwumerije and Sodiq Lawal make a case for an efficient judicial system as the framework for stability and development.

    Introduction

    It is no news that the Judiciary Staff Union of Nigeria (JUSUN) embarked on a two-month-long strike. The main grouse of JUSUN stemmed from the alleged refusal of the Executive arm of Government to comply with the provisions of Section 121 (3) the 1999 Constitution of the Federal Republic of Nigeria (as amended) which guarantees financial independence of the judiciary.

    The resultant effect of the closure of the Courts has been enormous as well as tragic; accused persons in detention were unable to have their bail applications heard, suspects could not be charged to court, commercial matters are lingering in the dockets of the various Courts and new cases could not be instituted.

    However, regardless of the strike action and the closure of the courts, election-related cases were still being heard and determined by the courts and tribunals in Nigeria. Sadly, it would seem that successive governments in Nigeria do not place much importance on commercial disputes which have continued to linger in the various courts across the country despite the undeniable role an effective judiciary plays in ensuring economic growth. In other words, it appears that the different arms of the Nigerian government do not appreciate the role a quick, effective and efficient dispute resolution mechanism play in the economic development of a Country. The purpose of this article is to highlight the importance of an efficient and/or effective judicial system and the role it plays in boosting the economy of any nation.

     

    Role of the Judiciary in the economy

    A well-functioning judicial system is indispensable to business activities and to society as a whole. Judicial efficiency measured by trial length, one of the essential factors in the effectiveness of the justice system, ensures contract enforcement, which is the basis of market transactions. Judicial efficiency is closely associated with accessibility to judicial services and the certainty of an efficient judicial system raises people’s confidence.

    According to Marilene Lorizioa and Antonia Rosa Gurrieria (Department of Law, University of Foggia) in their publication entitled: “Efficiency of Justice and Economic Systems” published in “Procedia Economics and Finance 17 (2014) 104-112”, one of the factors that discourage investment, particularly foreign investment, in developing countries is the absence of an effective and reliable dispute resolution mechanism. The same view was portrayed by Lars Feld of Walter Eucken Institute and Stefan Voigt of the University of Hamburg in their article “Judicial Independence and Economic Growth: Some Proposals Regarding the Judiciary”. Marilene Lorizioa and Antonia Rosa Gurrieria further stated that Italian economic growth has been and is definitely hampered by the length as well as by the civil and criminal justice processes, which reduces legal certainty and confidence, increases the risk of economic activities and therefore reduces the propensity to invest.

    Whilst it is almost impossible to avoid dispute in commercial ventures, an investor is concerned about the mechanism in place for resolving any disputes that may arise in the course of his business. The popular phrase “time is money” cannot be over-emphasised. No investor is willing to tie down money, capital or investment for an unascertainable period of time due to commercial disputes.  The fear is usually that the investment and/or capital would have lost its value at the time the dispute is eventually resolved. Thus, investors would be averse to investing funds in any country where dispute resolution is not reliable, effective and/or efficient. This is the case of the Nigerian judicial system. Many investors and investment have been lost over the years as a result of the failure of successive governments to pursue efficient and/or effective judicial reforms.

    Court related litigation in Nigeria is majorly characterised by three (sometimes four) stages commencing from the trial courts, then the appellate court and then the Supreme Court. The journey to the Supreme Court in a commercial dispute could last for as long as 8 to 20 years. For instance, in Bilante Intl Ltd v. N.D.I.C (2011) LPELR-781(SC), the suit was commenced in 1992 and it continued till June 2011, when the Supreme Court delivered its judgement. Also in Edilcon (Nig) Ltd v. UBA PLC (2017) LPELR-42342(SC), the decision of the trial Court was delivered in December 1997 whilst the decision of the Supreme Court was delivered in May 2017 – about 20 years after. It is quite disheartening that over the years, the heads of the various courts have failed to enact measures geared towards decongesting the dockets of the courts (or even where enacted, the measures have proved ineffective) thereby reducing the time span of cases and improving the confidence potential investors will have in the judicial system.

    The unfortunate menace of delay in dispensation of justice in Nigeria has been decried and condemned by many commentators at different fora. A few of such instances are worthy of mention. Justice Niki Tobi had observed that one perennial problem in the administration of justice in any legal system is the question of delay. There is so much delay in the administration of justice in Nigeria that one wonders whether the parties get value justice in the end. A situation for instance where litigation at times takes some six years or more to be completed in the High Court is not good enough. Cases of delay must be addressed if the rule of law is to have any meaning (Tobi, N, 1995:135). Special mention must go to the President of the Court of Appeal, Justice Monica Dongban-Mensem who, immediately upon her confirmation, took urgent steps to decongest the docket of the Court of Appeal, Lagos which holds the record number of appeals.

    More often than not, the investment at stake or money in dispute would have depreciated in value that the successful party would gain no benefit from the judgement. The effect of this is that parties become unwilling to engage in commercial disputes. Ironically, as stated above, commercial disputes are almost inevitable as they are bound to arise in any commercial endeavour which most definitely would involve more than one interest. Unfortunately, the concept of alternative dispute resolution has not solved the problem occasioned by an inefficient and ineffective judiciary. Most arbitrated matters end up in the courts either for enforcement of the awards or challenging the arbitrators or their jurisdiction amongst other things. See for example the cases of Sundersons Ltd & Anor v. Cruiser Shipping Pte Ltd & Anor (2014) LPELR-22561(CA); North Pole Navigation Co. Ltd v. Milan (Nig) Ltd (2015) LPELR-25865(CA). In these situations, the arbitration or other alternative dispute resolution mechanism is also caught by the delay and malady of our inefficient judicial system.

    It is quite incredulous that successive governments in Nigeria have failed to make concerted efforts to reform the Judiciary, It will be recalled that when the politicians were faced with the possibility that the period for the determination of pre-election and election matters would linger at the tribunal for a long time because of the rot in the judicial system as in the case of Ngige v Peter Obi (2006) LPELR-12920, immediate and urgent steps were taken to amend the Constitution to ensure that election matters are determined expeditiously and within a Constitutionally guaranteed time frame (See Section 285 of the Constitution). In fact, sanctions are meted out by the National Judicial Commission to judges who fail to determine election matters within the time prescribed by the Constitution.

    The lethargic attitude of the government in ensuring the speedy determination of civil (commercial) cases can be seen from the failure of the Courts to enforce the provisions of Section 53 of the Asset Management Corporation Act of Nigeria (Amendment No. 2), 2019 which seeks to ensure that all AMCON related matters are determined within the time explicitly stipulated in the relevant provision of the Act. Unsurprisingly, unlike matters on election matters, there has been no enthusiasm or zeal to ensure the speedy determination of AMCON matters.

     

    The Singaporean example

    As stated earlier in this article, countries who desire economic investment and/or growth (whether local or foreign) must ensure that their judicial system is effective. After gaining independence from Malaysia on the 9th day of August 1965, Singapore was bedevilled with an inefficient judicial system just like Nigeria. Lee Kuan Yew (the then prime minister of Singapore) demonstrated an appreciable level of understanding of the role an effective judiciary plays in boosting economic growth. He took steps to immediately reform the judiciary by appointing a visionary Chief Judge. The reforms implemented by the Chief Judge include but are not limited to;

    1. Addressing the shortage of judges and the low levels of judicial productivity. The Supreme Court bench was enlarged by the appointment of new judges and Judicial Commissioners, who exercise the powers of High Court judges but are appointed for fixed terms. Under the Judicial Commissioner scheme, senior lawyers from the Bar, Legal Service or academia may serve in a judicial capacity and return to their previous careers thereafter, allowing the judiciary to draw on the experience and knowledge of eminent members of the profession to alleviate any temporary surges in caseloads while ensuring that the quality of justice is not compromised.
    2. Amending the rules of court to include a provision for the automatic discontinuance of cases that remained dormant for over a year. Valuable judicial resources and time would not be expended on litigants who chose to conduct cases in a dilatory fashion.
    3. Case management was introduced as an integral part of the court process, with a shift in responsibility towards the judiciary in dictating the pace of litigation. Extensive use was made of pre-trial conferences (or “PTCs”), convened by the court at regular intervals, for directions to be issued to the parties on timelines and to monitor compliance. PTCs also served the additional function of providing a forum for parties to identify crucial disputed issues and to delineate the scope of evidence to be adduced, thus facilitating the expeditious conduct of the subsequent trial.
    4. Introduction of information technology to the Court to help lawyers file their processes at their offices and “on the go”.

    In his book, From Third World to First World, Lee Kwan Yew stated that by 1999, the reputation of Singaporean Courts brought judges from developing as well as developed worlds to study Singapore’s judicial reorganisation. The World Bank recommended Singapore’s high court and subordinate court levels for other countries to learn from. Also, world rating agencies gave Singapore high marks for its effective and laudable judicial system. For example, the Hong Kong-based Political and Economic Risk Consultancy rated Singapore’s judicial system as the best in Asia. These reforms carried out by the Chief Judge immensely contributed to boosting the economy by attracting massive foreign direct investment. The Singaporean economy has been performing strongly for over a decade and was ranked as the world’s most competitive by the World Economic Forum Straits in 2019.

    Although we had earlier criticized the prioritisation of cases relating to elections over commercial cases in Nigeria, we are also of the view that the timely or late disposal of election-related matters in Nigeria can play a huge role in either encouraging investment or scaring away potential investors. This is because uncertainty about the leadership of a country can discourage investment in view of the fact that a number of investment decisions are firmly rooted in the economic policies or manifestos of candidates. It takes about a year to dispose of election-related matters in Nigeria. In fact, by the time some election matters are determined by the tribunals/Courts, the candidate announced by the Independent National Election Commission at the conclusion of the election would have been sworn in or maybe about to be sworn. The cases of Ihedioha v Uzodinma (LOR 14/01/2020 SC) and Douye Diri v David Lyon (SC. 1/2020) are the most recent examples.

    During and after the elections held in the United States last year, former President Trump and his allies filed over 62 lawsuits challenging the elections on the grounds of voter fraud and other irregularities.  One interesting fact is that all the election-related matters were dismissed almost immediately and more importantly before President Joe Biden’s inauguration as the 46th President of the U.S.

    We are of the unshakeable view that the timely disposal of the election matters prior to Joe Biden’s inauguration had the effect of solidifying investor confidence in the economy of the U.S. as the judiciary were able to demonstrate the remarkable efficiency of the American judicial system. Investors would be convinced that any dispute relating to their investments would be determined expeditiously by the American courts.

     

    Recommendations

    It is our belief that the following, if adopted by the Judiciary, will reposition the courts as catalysts for economic growth in Nigeria:

    1. Immediate declaration of a State of Emergency in the judicial sector.
    2. Robust and holistic amendments ought to be carried out on the rules of procedure for various courts to extricate provisions that facilitate the delay of court proceedings and include provisions that encourage virtual and information technology mechanisms. This has been adopted in developed countries. For example, in 2015 United Arab Emirates digitalised 95 per cent of its judicial procedures especially service and filing of processes. Also, in 2017, Shaikh Khalifa Bin Zayed Al Nahyan, the President of the UAE, issued Federal Decree No. 10 of 2017 amending the Civil Procedures Law in the Country and introducing the use of remote communication technologies, into civil proceedings in the United Arab Emirates.
    3. Infuse more credibility into the appointment, elevation and removal of judicial officers. The suggestions of Bingham Centre for the Rule of Law in its publication titled “The Appointment, Tenure and Removal of Judges under Commonwealth Principles – A compendium and Analysis of Best Practices” are highly recommended to achieve this.
    4. Encourage and implement the appointment of senior lawyers as judicial commissioners or on an ad-hoc basis at the different levels to immediately dispose of procedural and non-contentious interlocutory applications. This is one of the reforms carried out by Lee Kwan Yew that led to the decongestion of the various Courts in Singapore.
    5. Appropriate legislation and amendment or alteration of the Constitution to discourage and discontinue time-wasting interlocutory applications.
    6. Expand the numerical strength of judicial officers and overhaul the entire compensation package. The judiciary could adopt the concept of judicial emergencies as it is applicable in the United States when the number of cases in the docket of a particular court surpasses a set threshold. Every judge should be assigned a threshold of cases in its docket.

     

    Once the docket surpasses the threshold, the Judicial Service Commission must immediately commence the procedure for the appointment of a new judge to take up the spillover cases.

    1. Massive human & infrastructural investment in the Court system. During court proceedings, it was observed that the Nigerian Courts’ support staff clearly have little or no knowledge of the use of information technology. For example, in some instances where proceedings were conducted via Zoom, issues of bad network, failure of the host (the court) to mute the application stalled proceedings in several instances. Also, proceedings were interrupted because the Registrars of the Court were not aware that the free zoom meetings lasted for a period of 40-minutes as against the premium membership which is for an unlimited period. Thus, there is a need to invest both in the human and infrastructure of the Judiciary. The Canadian Forum for Civil Justice reported in its 2019 publication titled “Investing in Justice: A Literature Review in Support of the Case for Improved Access” the economic impact of investment in the justice system of Florida in 2015 was 7.19 times the funds invested. Also, in the United Kingdom, in a bid to better improve justice delivery, Her Majesty’s Courts and Tribunals Services, in 2019, commenced on a £1 billion reform of the judiciary which is to be completed in 2023.
    2. Re-invigorate the judicial institute at the Federal level and encourage states to create judicial institutes for lower and mid-level judicial staff as is the case in developed countries.
    3. The Arbitration and Conciliation Act should be repealed and or amended.
    4. Encourage mediation and conciliation mechanisms for dispute resolutions.

    Conclusion

    It is crystal clear that a working and functional judicial system plays a major role in the society in maintaining not just law and order but boosting the economy. The government must as a matter of great importance take active steps towards reforming the judiciary with a view to ensuring the expeditious and fair administration of justice. No serious nation prioritizes matters relating to the elections over the economy. An efficient judicial system provides the framework for stability and economic development.

    Pinheiro is the founding partner of Pinheiro LP, a law firm with offices in Lagos, Abuja and Rivers State, Port-Harcourt. Chukwumerije is a team lead at Pinheiro LP, while

    Sodiq A. Lawal is an Associate at Pinheiro LP.

    References

    1. China-ASEAN-Justice Forum – Judicial Reform and Improvement of the

    Investment Environment.

    1. Efficiency of Justice and Economic Systems – Marilene Lorizioa and Antonia Rosa Gurrieria
    2. Judicial Independence and Economic Growth: Some Proposals Regarding the Judiciary

    Marilene Lorizioa and Antonia Rosa Gurrieria

    1. Bilante Intl Ltd v. N.D.I.C (2011) LPELR-781(SC)
    2. Edilcon (Nig) Ltd v. UBA PLC (2017) LPELR-42342(SC)
    3. Sundersons Ltd & Anor v. Cruiser Shipping Pte Ltd & Anor (2014) LPELR-22561(CA)
    4. North Pole Navigation Co. Ltd v. Milan (Nig) Ltd (2015) LPELR-25865(CA
    5. Ngige v Peter Obi (2006) LPELR-12920(CA)
    6. 1999 Constitution
    7. Asset Management Corporation Act of Nigeria (Amendment No. 2), 2019
    8. From Third World to First World – Lee Kuan Yew

     

    Once the docket surpasses the threshold, the Judicial Service Commission must immediately commence the procedure for the appointment of a new judge to take up the spillover cases.

    1. Massive human and infrastructural investment in the Court system. During court proceedings, it was observed that the Nigerian Courts’ support staff clearly have little or no knowledge of the use of information technology. For example, in some instances where proceedings were conducted via Zoom, issues of bad network, failure of the host (the court) to mute the application stalled proceedings in several instances. Also, proceedings were interrupted because the Registrars of the Court were not aware that the free zoom meetings lasted for a period of 40-minutes as against the premium membership which is for an unlimited period. Thus, there is a need to invest both in the human and infrastructure of the Judiciary. The Canadian Forum for Civil Justice reported in its 2019 publication entitled: “Investing in Justice: A Literature Review in Support of the Case for Improved Access” the economic impact of investment in the justice system of Florida in 2015 was 7.19 times the funds invested.

    Also, in the United Kingdom, in a bid to better improve justice delivery, Her Majesty’s Courts and Tribunals Services, in 2019, commenced on a £1 billion reform of the judiciary which is to be completed in 2023.

    1. Re-invigorate the judicial institute at the Federal level and encourage states to create judicial institutes for lower and mid-level judicial staff as is the case in developed countries.
    2. The Arbitration and Conciliation Act should be repealed and or amended.
    3. Encourage mediation and conciliation mechanisms for dispute resolutions.

    Conclusion

    It is crystal clear that a working and functional judicial system plays a major role in the society in maintaining not just law and order but boosting the economy. The government must as a matter of great importance take active steps towards reforming the judiciary with a view to ensuring the expeditious and fair administration of justice. No serious nation prioritises matters relating to the elections over the economy. An efficient judicial system provides the framework for stability and economic development.

    • Pinheiro is the founding partner of Pinheiro LP, a law firm with offices in Lagos, Abuja and Rivers State, Port Harcourt. Chukwumerije is a team lead at Pinheiro LP, while Sodiq A. Lawal is an Associate at Pinheiro LP.

     

     

  • Lagos offers free legal consultations

    Lagos offers free legal consultations

    By Adebisi Onanuga and Robert Egbe

    The Lagos State Ministry of Justice has provided free legal consultations to residents of Epe and Ikorodu local government areas as part of its continuous statewide legal clinic exercise.

    The event, which held at both communities’ local government secretariats  featured a joint legal clinic team which comprised all legal service-oriented directorates and agencies in the ministry.

    They included the Office of the Public Defender (OPD), Citizens’ Mediation Centre (CMC), Public Advice Centre (PAC), Community Service Unit, Office of the Administrator-General & Public Trustee (AG&PT), Directorate of Citizens Rights (DCR) and the Domestic and Sexual Violence Response Team (DSVRT).

    At the Epe clinic, Director, Citizens’ Rights, Mrs Oluwatoyin Odusanya, said the joint legal clinic was an initiative of the Ministry of Justice to have a one-stop shop for free legal consultation and other related matters for Lagos residents.

    Odusanya noted that the free legal clinic would hold in all five divisions of the state—Ikorodu, Badagry, Ikeja, Lagos, Island and Epe—to provide easy access to legal consultations and representation for the indigent and vulnerable members of society.

    Director, Office of the Public Defender, Dr. Jide Martins, who also participated in Epe, explained that the clinic was organised for people at the grassroots of every community to bring access to justice closer to them, and sensitise the residents on their fundamental human rights.

    “This initiative by the Ministry is in compliance with the THEMES agenda of Governor Babajide Sanwo-Olu which aims to promote and achieve security and good governance among the residents of Lagos State,” Martins added.

    The Alara of Ilara land, Oba Olufolarin Ogunsanwo, urged Epe residents to take advantage of the services as this would ensure social development and peaceful co-existence of people within the community.

    Attesting to the efforts of Governor Babajide Sanwo-Olu and the Attorney-General and Commissioner for Justice, Mr. Moyosore Onigbanjo (SAN), at ensuring speedy dispensation of justice, he pledged that his office would continue to promote, among Epe residents, the option of resolving conflicts through mediation, using alternative dispute resolution platforms provided by the state government.

    Expressing his appreciation to the state government on behalf of the community, the General Secretary, Oloja in Council, the Odofin of Epe Land, High Chief Olatunde Oluwo, praised the Ministry of Justice for bringing the Legal Clinic to their door steps, adding that it afforded them the opportunity of accessing within Epe, qualitative legal consultations free.

    At Ikorodu, Assistant Director, Community Service, Mr Kuforiji Olawale explained the functions of Community Service, saying the department was charged with dealing with offenders found to have committed minor offences such as non-usage of pedestrian bridges.

    He said punishments like sweeping of market places and ensuring general environmental sanitation among others were in place to serve as a deterrent, hence, there was no need for prolonged litigation in such instances.

    The Director, Public Advice Centre, Mr Tunji Dawodu, further assured participants that the clinic was free and targetted at providing easy access to legal consultations and representation for the indigent and vulnerable.

    Appreciating the government for the initiative, the Olubeshe of Ibeshe, Oba Richard Ogunsanya; and the Adegboruwa of Igbogbo; Oba Abdul Semiu Kasali, urged the public to embrace alternative dispute resolution, noting that not all matters should be taken to court.

    They also used the medium to appeal that the state government should consider the role of traditional rulers in mediation, as this would go a long way in strengthening the institution.

    Responding on behalf of the participants, Hon. Babayemisi Kehinde Fakumoju, expressed gratitude to the state for bringing the legal clinic to Ikorodu.

    He said the state had done well in the areas of alternative disputes resolution in aspects such as landlord/tenant disagreement, marital issues, and employers/employees related disputes among others through the Citizen Mediation Centre (CMC) divisional office in Ikorodu, hence, decongesting the court of unnecessary litigations.

  • Constitution Amendment: Reasons behind judiciary reform proposals

    Constitution Amendment: Reasons behind judiciary reform proposals

    In this article, Ahuraka Yusuf Isah identifies some salient recommendations contained in the 17-page paper recently submitted by the Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad, to the Senate Committee on Constitution Review.

    On June 3, 2021, the Chief Justice of Nigeria (CJN), Justice Ibrahim Tanko Muhammad submitted some proposals to the National Assembly ostensibly to alter some provisions of the Constitution concerning the Judiciary arm of government.

    The proposals are contained in the paper the CJN presented as recommendations of the Judiciary during the national public hearing conducted by the Senate Committee on the Review of the 1999 Constitution, held at the Africa Hall of the International Conference Centre (ICC), Abuja.

    The 17-page paper, entitled: ‘’Input by the Judiciary to the proposed alteration to the 1999 Constitution (as amended),’’ the CJN submitted to the senate committee,  contained 45 constitutional amendment proposals on the reform of the Judiciary.

    Some of the amendments the CJN proposed have elicited reactions from many stakeholders, especially on his reasons behind such radical departure apparently from the norm, and against positions of the government that be. Let us take cursory look at some of the proposals once more.

    • Pegging Supreme Court’s bench at 16

    Section 230 states that the Supreme Court of Nigeria shall consist of the Chief Justice of Nigeria; and such number of Justices of the Supreme Court, not exceeding twenty-one.

    The CJN has suggested that Section 230 of the Constitution should be altered by ‘’(a) substituting paragraph (a) of the existing subsection (2) with a new paragraph (a); ‘’(a) The Chief Justice of Nigeria who shall be the head of the Judiciary of the Federation.’’

    ‘’(b) Substituting the words ‘’not exceeding twenty-one’’ in lines 1 to 2 of paragraph (b) of the existing subsection (2) with words ‘’not exceeding sixteen.’’

    The reduction of the apex court bench to 16 is followed with other proposals to reduce the workload of the Supreme Court. For instance, all the appeals to the apex court would be by leave of the apex court. This is like creating toll gate to sieve appeals that could be heard by the apex court, and invariably reducing several spurious appeals usually sponsored by lawyers seeking for the Senior Advocates of Nigeria award before the apex court.

    Again, three justices of the Supreme Court sitting in the chamber, the CJN said could dispose the application for leave of the court. Besides, a single justice of the Supreme Court sitting in chambers could exercise power vested in the apex court in some instances.

    In addition, all the appeals from the Court of Appeal to the Supreme Court should be by leave of the Supreme Court. No appeal shall lie to the Court of Appeal (and by extension to the Supreme Court) from any decision of an election tribunal in respect of an interlocutory decision. By this insertions, the proposal for the reduction of the apex court bench is to larger extent justifiable.

    Moreover, several stakeholders have viewed an attempt to appoint more justices possibly to make up the Supreme Court Bench to 21 as a drive to turn the apex court to magistrate court. Whereas, all that the apex court requires is to streamline avalanche of appeals lying before it.

    Besides, President Buhari neither increased the N110 billion budget allocation to the judiciary for 2021 fiscal year nor provided additional fund to the Supreme Court when he appointed eight justices to the Supreme Court.

    However, if the CJN is named as the head of the Judiciary of the Federation in the constitution, the Judiciary would perhaps assume its rightful position in the order of protocol in the nation.

    Many legal persons are irked with the CJN being called as the fifth person instead of the 3rd in the Order of the National Protocol. When the constitution recognises him as the head of the judiciary, he’s then the head of the Third Arm of the Government with the President as the 1st, Senate President as 2nd and CJN the 3rd.

    • Fixing and periodic review of judges’ salaries.

    The CJN also asked the National Assembly to alter the constitution with the effect that the National Judicial Council (NJC) would fix and review judges’ salaries every four years.

    In item 38 of his submission, the CJN requested that Part 1 of the Third Schedule Paragraph 21 to the Constitution be altered to include sub-paragraph ‘h’ to the effect that, the NJC should ‘’fix, in conjunction with the Salaries and Wages Commission, the salaries and other emoluments of judicial staff; in the case of judicial officers, to review such salaries not later than four years from the last exercise.’’

    By the dictate of Section 84 (1), the Revenue Mobilization Allocation and Fiscal Commission (RMAFC) reviewed judges’ salary along sides with some public officers through the enactment of, ’’Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc.) (Amendment) Act, 2008’’ which came into force on February 1, 2007. Since this Act has not been reviewed with effect from 2008, judges’ salaries have remained the same for about 13 years with attendant implications.

    The CJN who has now decided to take the bull by the horn wants the lawmakers to separate the duties of fixing and reviewing of salaries of both judges and staffers in the Judiciary, to be done by NJC following the Salaries and Wages Commission laid down guidelines.

    Of course, this is a far reaching instrument for the Judiciary to take control of its affairs both at the federal and state levels. Perhaps, this is why he called for the alteration of Section 84 of the Constitution by deleting the words ‘’other than allowances’’ in line 2 of sub-section (3). Ostensibly to protect judges and judiciary staff, the allowances cannot be altered downwards once set.

    • Other far reaching proposals

    ‘’A person shall not be qualified to hold the office of Chief Justice of Nigeria or a Justice of the Supreme Court, unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years.’’

    Also, he called for the number of the Court of Appeal Justices, that the constitution pegs at 49 under Section 237 to be amended such that they are not less than 100 justices.

    He proposed that the. NJC should collect, control and disburse all monies, capital and recurrent for the Judiciary.

    The CJN said the Constitution should be amended for the NJC’s Secretary seat to be at par with that of the Clerk of the National Assembly.

    He also proposed that the Judiciary should exercise control over the Code of Conduct Tribunal, as the Federal Judicial Service Commission is to advice the NJC in nominating persons for appointment as the Chairman and members of the CCT. This, he said, is necessary since the CCT is of coordinate jurisdiction with the High Courts. Appeals against its decision also lie at the Court of Appeal.

     

    • Ahuraka is the Senior Special Assistant on Media to the CJN.
  • ‘We chased Law, but found love’

    ‘We chased Law, but found love’

    They went to the University of Ilorin (UNILORIN) for a Law degree, but ended up falling in love. Usman Abdulrasheed and Musinat Zubair-Usman found ways to nurture their relationship despite pessimism by their friends and coursemates. Now married with two children, the happy couple share their law and love stories in separate interviews with ROBERT EGBE

    Mr Usman Abiola Abdulrasheed

     

    My name is Usman Abiola Abdulrasheed (a.k.a) B20, I am from Osi in Ekiti LGA of Kwara State. I am the last of seven children of the family of the late Mr and Mrs Usman Ajaludo, both from Osi. My dad was a mechanic at the National Electric Power Authority (NEPA) before his retirement.

     

    Jebba train encounters

    I attended NEPA Junior Staff Primary School Kainji, Niger State. I went to three secondary schools in all: Government Secondary School Omu-Aran; UMCA Comprehensive High School, Jebba and lastly NEPA Secondary School, Kainji. I have a lot of memorable experiences of those days, too many to mention. The one I feel I should share was from my time at Jebba. Any time we missed the bus to the camp, we would have to walk through the first and second railway bridges down to tollgate before getting to Kara and our eventual arrival at the camp. Whenever the railway passes while we were on the bridge, it was always a scary experience.

     

    UNILORIN alumnus

    I went to the University of Ilorin (UNILORIN), graduated in May 2010. Studying Law was such an interesting experience; among other things, we had a dress code. Students from other faculties of the university used to envy us a lot. I had many challenges, but we bless God today.

     

    No history of lawyers

    (There were no lawyers in my family). The only person that was close who is a lawyer is Barrister Abdulkareem, who married our fourth born and he was such an inspiration.

     

    Law School

    I have always wanted Law and I had to wait for few years to eventually gain admission for my desired course. Law School made me the Lawyer that I am, university, to me, had little impact on my Law (journey). Law School did the real law teaching and things I now come across in my everyday Law. If I had my way, I would do a reform for university law to be four years and Law school to be two years. Not much time for recreation at the Law school, you are there for a specific goal and, because you don’t want your mates to become your senior, you will have to give your best.

     

    Call to Bar

    My family members were in Abuja in their numbers (for my Call to Bar). There was no party as such but there was plenty to eat and drink, then we took plenty pictures.

     

    No academic awards, but…

    I didn’t win any academic award (at the university or law school); but maybe I would have won an award for the guy who chased the most girls at the university if there was such an award. (Laughs).

     

    First solo court appearance

    It was at the Court of Appeal, Ilorin Division. I thought I was there to only pick a date but, unfortunately for me, the record of court showed otherwise. I struggled to convince the court that I couldn’t go on as I was not really abreast of the facts of the case. I was eventually allowed to pick a date after plenty of backlash from my Lords. But, to the glory of God, this experience gave me so much courage moving forward.

     

    Embarrassing court experiences

    (I have had) Plenty. We are not expected to know the whole law especially as a junior. Sometimes judges see us as unserious and when you suffer a backlash from them, you prepare better next time to appear before them.

     

    Wig and gown

    In my opinion, if it can be scrapped, it will be a welcome development. Leave every other piece of our dressing but take away the wig and gown; the bibs are enough to distinguish us with our lovely white shirts and dark suits.

     

    Judge, SAN or Prof?

    I wish to be a Senior Advocate of Nigeria (SAN) one day, but, above all, I want to be a very rich legal practitioner.

     

    Problems in the legal profession

    The only thing I don’t like about Law thus far is the fact that, there are a lot of quacks in our midst, helping clients to devalue the core lawyers. Sometimes you see clients offering amounts they can’t offer agents on registrable documents. NBA should do more in this regard.

     

    Marrying a lawyer

    I met my beautiful wife at the university. I was in Part 5 at the time while she was in Part 3. We became friends and all. Several people met with her to discourage her that she was messing with the wrong person, but we ended up disappointing them in their numbers. (Laughs) Just kidding though, but a lot of persons actually thought we couldn’t (make our relationship) work, but today, we have two kids together, A female and a cute young man. By the grace of God, I would like our kids to follow in our footsteps.

     

    Law vs football

    I love football a lot; I am from a football family. One of my brothers is a national team coach. We all like football in my house, but if I have up to a fifth chance to choose a profession, it would still be Law.

     

    JUSUN strike

    I am in full support of the strike; the judiciary above all other arms of government needs autonomy to be able to dispense justice without fear or favour. I want to encourage both the federal and state governments to do more to avert subsequent strikes of this nature. A lot of Nigerians were affected by the strike, some languished in prison while others who needed affidavit or court orders to correct some immediate wrongs had to suffer cos courts were under lock and key.

     

    Fed Govt’s threat to prosecute persons using Twitter

    When there is no law criminalising an act, it cannot become an offence overnight except there’s a legislation to the effect. I will not want to dwell too much on this but we play too much politics in this country not putting into consideration its effect on the electorate.

    Mrs Musinat Zubair-Usman

     

    I am Musinat Adebola Zubair-Usman (Alias Mrs B20) from Ifelodun Local Government Area (LGA) of Kwara State.

     

    Family of girls

    I was born and raised in Surulere area of Lagos State. I was born into a family of all girls by very spiritual parents. I spent most of my childhood in the company of my mother and sisters. I am the third and the last girl of my mother although (I have) several half siblings. My father is a clerical man who believes in his father’s last wish of propagating the teachings of our lord in Kwara State, precisely Amodu Asungbolu. My mom on the other hand is a non-governmental organisation practitioner with more than 30 years’ experience of active practice.

     

    Memorable secondary school experiences

    I attended Dawah Nursery and Primary School in Jakande Estate, Oke Afa, Isolo, Lagos State. Upon completion of my primary education in September 2000, I proceeded to Federal Government Girls College (FGGC) Omu Aran in Kwara State to join my two older sisters. While one was in Senior Secondary (SS) Two, the other was in Junior Secondary (JS) Three. Spending six years in a boarding house made me more brave and self-independent. In senior class, I bagged several awards in literature, government and Islamic studies. My Art Class teachers were top-notch and I found myself so interested in all Art subjects. Boarding house was fun and at the same time very challenging. I remember a period of water scarcity and we decided to go to the school stream which was quite a walk from the school. On our way back, it rained heavily. While we were trying to network our way back to the hostel, some of us fell and got injured. Luckily for me, when I got to the hostel, I was still strong but not with a single drop of water. We were all rushed to the school clinic for proper check-up and the rest was history. In 2006 I graduated from secondary with top grades in my O’ Levels.

     

    Tough first year at Unilorin

    In 2007, I proceeded to the prestigious University of Ilorin, in Kwara State to pursue my law degree. At the university, unlike secondary school, I had no mentor or guardian. I was all by myself and tried to find my feet with my colleagues. When our first exam result was released, it was so bad. For instance, I was expecting an A in the Law course, Legal Method, but to my dismay, I got a ‘C’. The course lecturer later told us that we did not answer the questions ‘legally.’ We did some other ‘minor’ courses in my first year, and we had issues with other departmental lecturers such as those in the Social Science, Political Science and some other departments. When we came back to the Law faculty in 200 level, I had a few senior friends who then advised us about building our Grade Points (GPs) and all. At this point, I started working towards making a 2.1 (Second Class Upper) degree. Eventually, I graduated with a 2.2 (Second Class lower) degree, just a few points from a 2.1.

     

    First lawyer in the family

    To my knowledge, I am the first lawyer in my immediate family. However, we had a few close family friends that are lawyers. They include Fajimite, Dairo and Barrister Faoziyyah Bakare. At one point or the other, each of them was of good mentorship to me.

     

    Inspiration to study Law

    I grew up reading the write ups of people like (the former president of the International Court of Justice and Nigeria’s first Attorney General after independence) Taslim Olawale Elias and Senior Advocate of Nigeria (SAN) Gani Fawehinmi. At such early days, I knew I wanted to be part of people who protect the interest of fellow women and the masses. Law is the only choice I made in my teenage years. I would still choose law over and over again.

     

    Law School less difficult than expected

    I attended the Lagos campus of the Nigerian Law School. I enjoyed every piece of the experience. I would say it was less difficult than expected. I recall that right from my 100 level at the university, our lecturers kept telling us that there was quota for Law School and Law School was as difficult as anything. I got in in 2012 and was called to the Nigerian Bar in 2013 with a 2.1. No award was won though, but I was well known amongst my peer for being modest and intelligent. My Call to Bar celebration was well attended with my mom, dad and my husband and his family. We had a party in Abuja with friends in attendance.

     

    First solo court appearance

    After my Call to Bar, I joined John Baiyeshea SAN & Co. My first appearance was before a female judge who was so calm with me and made me feel I wasn’t a fresher at the Bar. After I left the SAN’s office, I joined the law firm of J.W. Iroju in 2015.

     

    Embarrassing court experience

    I would say that at one of the sittings at a high court, my boss called me over the phone to take up the brief without giving me the file. I announced our appearances, obviously the matter was for a motion for an extension of time within which to file a statement of defence, and the judge asked me for the computation of time. I was lost. I didn’t even know for how many days we were out of time, let alone of the penalty to be paid. The judge was furious at me, but I learnt my lessons never to go to any court without being prepared.

     

    Wig and gown

    I feel the wig and gown are symbols of uniqueness and honourary. They should not be scrapped.

     

    Judge, SAN or Prof?

    I prefer being a SAN because it gives room for more opportunities in the practice of law.

     

    Dating a law student, marrying a lawyer

    I met my husband while I was in my 300 level and he was in 500 level. A lot of people discouraged me about forging ahead with the relationship, but, at last, here we are, married with two kids and still waxing strong. Being married to my colleague has been so eventful though with a few hiccups. But on the whole, I will still choose being married to a learned man over other professions.