Category: Law

By John Austin Unachukwu and Adebisi Onanuga

 

The Nigerian Bar  Association (NBA) Section on Public Interest and Development Law ( SPIDEL) will tomorrow  elect new officers to run its affairs for the next two years.

This was disclosed during a press briefing by the chairman of the central planning committee for the conference in Ibadan, Monday Ubani.

Ubani said: “The technical sessions of the conference will hold on May 24 and May 25 with varying sub-themes including internal security: a prerequisite for national development (legality and efficacy of regional vigilantes and other security frameworks); Internal security: A prerequisite for national development (legality and efficacy of public inquiry by state governments – issues on violent protests and recovery of assets) and when the state truly defends: Assessing the role of Office of the Public Defender of Lagos State and  other institutional schemes for access to justice by the public.”

Other sessions are anti-corruption model: assets declaration, public access and emerging issues, sustainable Development Goals (SDGs). Assessing Nigeria’s progress – focus discussion on gender equality, climate action, peace, justice and strong institutions. Third party data capturing for national identification numbers project: national security and privacy issues. Paternity fraud in Nigeria, legal and social implications. Showcase session on public interest lawyering: capacity building and enhancement of practice skills on public interest lawyering  a continuing professional development perspective and  NBA Public Interest Litigation Committee-  Broadening the strategy for NBA’s intervention in public interest lawyering.

He said with over 60 leading speakers having confirmed their participation, the annual conference promises to be highly intellectually rewarding.

Some of the speakers include Vice President, Yemi Osinbajo, SAN; Senate President, Senator Ahmed Lawan; Chief Justice of Nigeria, Justice Tanko Muhammad, and House of Representatives Speaker, Femi Gbajabiamila.

Others are the Attorney-General and  Minister of Justice, Abubakar Malami (SAN); NBA President, Olumide Akpata; former Senate President, Prof Ike Ekweremadu;  Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa; Independent National Electoral Commission (INEC)  Chairman, Prof Mahmud Yakubu; Independent Corrupt Practices and other Offences Commission (ICPC),  Chairman, Prof Bolaji Owasanoye (SAN); Legal Aid Council Director-General, Aliyu Abubakar; National Human Rights Commission (NHRC) Executive Secretary, Dr  Tony Ojukwu; Oyo State Attorney-General and  Commissioner for Justice, Prof Oyelowo Oyewo (SAN) and leading political economist, Prof Pat Utomi.

“Aside from Minority Senate Leader, Senator Enyinnaya Abaribe and Senator Dino Melaye, the human rights community is fully represented by fiery human rights activists, Femi Falana (SAN); Prof Chidi Odinkalu, Aisha Yesufu, Mike Ozekhome, SAN, Ebun-Olu Adegboruwa SAN, Jiti Ogunye,  Liborous Oshoma and Mahdi Shehu among others.

“Governors Seyi Makinde of Oyo State, his Ondo State counterpart, Oluwarotimi Akeredolu (SAN) and his Bauchi State counterpart, Senator Bala Mohammed have confirmed their participation at the conference. Other speakers are Oyo State Chief Judge, Justice Munta Abimbola, and pioneer chairman of  NBA-SPIDEL  Joe-Kyari Gadzama (SAN) among others.

The hybrid conference will host delegates at the Jogor Centre, while several sideline social events and a State Banquet have been planned to ensure that delegates experience the best of Ibadan.

Governor Makinde had during a courtesy visit by NBA-SPIDEL delegation assured that adequate security would be provided for the delegates throughout their stay in Ibadan.

Curtains will be drawn on the conference with the election of a new leadership to take over from current NBA-SPIDEL Chairman, Prof. Paul Ananaba (SAN).

NBA First Vice President, Mr. John Aikpokpo-Martins as the Chairman of the Electoral Committee while Chisom Onuoha is to act as the committee’s secretary.

Other members of the committee are: Funmi Adeogun Esquire, Godspower Edoga Esquire, Emeka Eze Esquire, Daniel Asomeji Esquire, Rabiu Ayuba Esquire, Akintayo Akinyemi Esquire, and Umoru Jibrin Esquire.

The committee was charged to conduct election of the section leading to the emergence of a new team to spearhead the activities of the resurgent section

By John Austin Unachukwu

 

Chairman Nigerian Bar Association (NBA) Ikeja branch, Bartholomew Aguegbodo has urged the Acting Inspector-General of Police, Usman Baba Alkali to investigate the death of Chief Godwin Ogbogu in police custody.

Aguegbodo said the late Ogbogu was one of the people who bought lands from one Nwakibeya Udoye representing the Ado Royal Family in Abule Ado, Satellite Town, Lagos.

He explained that the purchasers of the property, desirious of developing their land, came together to form Stonewater Royal Estate Landlord Association.

Through self-help, they built roads, drainages, brought electricity into the estate to make it habitable, but that Udoye returned “to claim that the estate with over 130 houses fully built up and tenanted was his own and that the landlords were his customary tenants.”

The lawyer said the landlords immediately wrote a petition to the Area E Command Headquarters in Festac against Udoye and police invited him.

Aguegbodo said: “When the file got to Panti, the investigating police officer invited the chief security officer of the estate, late Chief Godwin Ogbogu to make a statement. After his statement and that of other landlords were taken, Ogbogu and one Onyeka Akubuike were released on bail on health grounds. Ogbogu was released as a result of his hypertensive and diabetic condition,  while Akubuike was said to be asthmatic.

“Udoye, upon the transfer of the matter to State Criminal Investigation Department ( SCIID) Panti, was called on by the investigating officer to throw more light on the matter; he never came back again until the estate was notified that the case file had been transferred to Zone 2 Command headquarters, Onikan where one SP Jamiu Adetunji and his D8 team were detailed to investigate the case of the murder of one Ifeanyi Olebara, a staff of Mr Udoye.

Read Also: Boko Haram plotting attacks on Abuja, Jos, says IGP

 

“The said SP Jamiu Adetunji issued a letter of invitation to six landlords that Mr Udoye mentioned in his petition as being complicit in the death of Mr Ifeanyi Olebara.”

According to Aguegbodo, the names mentioned in Udoye’s petition to AIG Zone 2 were the names of persons leading the quest for justice in Stonewater Royal Estate land transaction.

He added: “Of the six landlords named Chief Godwin Ogbogu, Mr Onyeka Akubuike and Mr Dan Mgbachu accompanied by their lawyer Aguegbodo Bartholomew voluntarily honoured the police invitation on April 5,  2021. After their statements  were obtained, they were ordered detained by the AIG Zone 2 notwithstanding the disclosure that they were on administrative bail granted by the SCIID, Panti on health grounds.

“They remained in custody notwithstanding series of entreaties that the health of Chief Ogbogu was deteriorating. On April 19, 2021, Chief Ogbogu requested that his medication be brought for him as he was getting weaker by the day.”

Aguegbodo alleged that this request was made to an investigating officer who retorted in the presence of Onyeka Akubuike and Dan Mgbachu that no medication would be given to Ogbogu until the remaining three landlords that were yet to report to Zone 2 Command Headquarters came.

He alleged that the IPO was told that Chief Ogbogu could die without his medication but he was still not allowed access to his drugs.

Aguegbodo continued: “Prior to this, we wrote a petition to the Deputy Inspector-General of Police, stating that the investigation by the team D8 of Zone 2, Onikan had been compromised and requested that a neutral team be assigned the matter for discreet investigation.

“The DIG approved the petition and directed the matter be transferred to G.I Force CIID Annex, Alagbon for investigation.”

He claimed that the DIG’s instruction was not obeyed.

“A petition was also written to the IG stating the happenings in the course of the investigation that gives the impression that the investigators were determined to truncate the inquiry into who actually killed the said Ifeanyi Olebara, if he was dead. The IGP directed that the matter be transferred to IG Monitoring Team, Abuja for further investigation….On April 23, 2021, Chief Ogbogu went into coma while in police custody. He was rushed to the police facility at Falomo and his family members were notified.

The doctor in the police facility in Falomo after examination informed the police and late Chief Godwin Ogbogu’s family that they do not have facility to manage the medical condition. He was referred to LASUTH, Ikeja. Upon arrival in LASUTH , Ikeja there was no bed space and late Chief Ogbogu  was subsequently taken to LUTH, Idi Araba where he remained in coma and subsequently died on April 27, 2021.”

“The police eventually released all detained suspects in the on-going investigation. It is now worrisome that the police is beginning to spin the story that late Chief Godwin Ogbogu was released on bail to his family and that he was not in a coma as at the time of his release. We call on the public and the media and other human right organizations to demand as we have done a thorough investigation into the circumstances that led to the death of an innocent citizen in the custody of the police,” Aguegbodo stated.

Lagos lawyer Olumide Babalola argues in this piece that with the absence of any item under the exclusive legislative list ceding sole powers to legislate data protection to the Federal Government, the States’ Houses of Assembly can make laws on the subject.

 

 

In recent times, I have had a number of stimulating on and offline conversations with privacy professionals and enthusiasts on the reasons for the dearth of data protection laws and materials in Nigeria and possible solutions.

There is no gainsaying that our country remains on the list of African Countries without a data protection law (the Nigeria Data Protection Regulation 2019 (NDPR) is not considered a law in this context). It is further sad that, in spite of being a signatory to the ECOWAS Supplementary Act on Personal Data Protection 2010, we are yet to have a principal data protection legislation.

It must however, be noted that, some commendable attempts have been made  in the past by the National Assembly in the mould of the Data Protection Bill 2010 (HB 276, HB 45) and later the Data Protection Commission Bill 2019 as presented to the Executive in May 2019 but it was not deemed worthy of presidential assent for some right or wrong reasons. I also understand that two (2) Data Protection Bills are currently pending before the 9th National Assembly as sponsored by Hon. Yakubu Dogara (HB: 564) and Hon. Ndudi Elumelu (HB: 504) but not so much has been heard about the progress of these very significant bills.

However, as the Federal Government continues to, with respect, struggle in its tracks to deliver a Data Protection Act to the country, states’ governments have also appeared uninterested in legislating data protection with the exception of one of the states in the southwest which I hear, has concluded works on a bill on data protection in readiness for sponsorship to their House of Assembly.

As it appears that, the states may come to our nation’s rescue faster than the Federal Government, we may need to interrogate the legislative competence of the various Houses of Assembly to make laws on data protection under our extant Constitution.

Data protection as a component of right to privacy

An interrogation of legislative competence must necessarily start from first ascertaining the nature of ‘data protection’ as a concept within the context of law-making powers of the legislative houses concerned. For localisation purposes, I will restrict myself to some Nigerian academics who have written on the subject for clarity on the vexed argument as to the relationship of data protection with right to privacy.

Dr. Kemi Omotubora, lecturer of Information Technology Law, University of Lagos, is perhaps, the fiercest critic of conflation of data protection and privacy. In a recent paper she co-authored with another academic from Leeds University, United Kingdom, the learned data protection lecturer decried the problematic definition of personal data because it has blurred the fine lines between the concepts of privacy and data protection that has been drawn from the inception of the data protection regime”

However, she went ahead to acknowledge that: “Following the same track, the European courts have consistently conflated data protection and privacy and treated the former as an extension of the latter.” She referred to a number of decisions (Breyer, Volker, Rundfunk etc) reported in my Casebook on Data Protection, where the European courts ruled on the fusion of data protection with privacy. See ‘Next Generation Privacy’ Information and Communications Technology Law accessible at https://doi.org/10.1080/13600834.2020.1732055

In another co-authored paper titled “Personal Data Protection in Nigeria: Reflections on opportunities, options and challenges to legal reforms”, Dr. L.A. Abdulrauf of the Department of Public Law, Faculty of Law, University of Ilorin, states that:

“In spite of its commercial purposes, there is no denying that, data protection has its roots in the right to privacy in international human rights instruments…Thus, the normative basis of data protection is in the human rights instruments which arguably makes it human right too. While some jurisdictions do not even distinguish privacy from data protection, others have anchored their data protection laws on right to privacy.

The relationship between data protection and other human rights also strengthens the argument in favour of it being a human right.”

In his contribution to a book titled “African Data Privacy Laws”, Iheanyi Samuel Nwankwo, a research associate at Institute for Legal Informatics, Leibniz Universitat, Hannover, Germany states at page 47 that: “But irrespective of these conceptual differences, this chapter will focus on information privacy in Nigeria, that is, the aspect of the law that regulates how personal information is collected, processed, accessed, shared and stored by others….The words “data protection” and “information privacy” are used interchangeably and they are intended to mean the same thing…” From the foregoing interventions, it appears that, from whatever perspective one decides to view ‘data protection’, the underpinning presumption,especially in Nigeria where there exists no judicial decision at the moment, favours the concept of data protection as an integral constituent of right to privacy and that is where this writer has, unassertively, chosen to pitch his tent until a defining decision is handed down by our courts.

Can state governments legislate data protection?

Apparently, “data protection” or its semblance does not exist under the exclusive legislative list but some commentators have curiously argued that, only the Federal Government of Nigeria has the legislative competence to make laws relating to data protection. Senator Ihenyen, Esq.- a consistent Information Technology Lawyer, in a data guidance note, stated that:

“Following Nigeria’s federal system, only the National Assembly has the power to legislate on broadcasting, posts, telegraphs, telephones, televisions, wireless communication and any incidental matters. This is in accordance with the provisions of the second schedule of the Constitution. The implication of this is that, if Nigeria’s federal legislature fails to legislate on data and privacy related matters, state legislators do not have the power to legislate on them.”

Without necessarily commenting on the aptitude or otherwise of Mr. Ihenyen’s opinion above, it is worthy of note that, item 28 of the exclusive list provides for “fingerprints identification and criminal records” which are universally classified as sensitive data covered by data protection laws, but that is not to say that, sensitive data alone forms the whole gamut of data protection to make it an exclusive matter.

Although a direct answer to the poser here cannot be found in the Constitution which does not prohibit states from legislating fundamental rights, I will attempt an answer by drawing inferences from a similar but specific data protection laws passed by State Houses of Assembly in relation to fundamental right to privacy.

Freedom of Information Act 2011 (FOIA)

The FOIA was passed in 2011 by the National Assembly to, among other things, make information freely available and for the protection of personal privacy. This Act has been repeatedly argued in various courts to guarantee freedom of expression which includes “freedom to receive information” under section 39(1) and right to privacy under section 37 of the Constitution.

In that same 2011, the Ekiti State House of Assembly followed suit when it passed its own Freedom of Information Law to make information available and protect personal privacy. Not long after that Imo and Delta states also passed their own Freedom of Information Laws which, in part, protect personal data as well.

Conclusively, although these laws are not comprehensive as far as standard data protection provisions are concerned, they are nevertheless states enactments on data protection and right to privacy.

With the absence of any item under the exclusive legislative list ceding sole powers to legislate data protection to the Federal Government, it is this writer’s respectful opinion that, States’ Houses of Assembly possess requisite legislative competence to make laws on the subject.

By Joseph Jibueze, Deputy News Editor

 

Stakeholders, including lawyers and doctors, have urged the Lagos State Government to make the proposed Human Fertilisation and Surrogacy Regulation Bill available.

They made the call during a meeting convened by the state Law Reform Commission.

At the virtual meeting were religious leaders, medical practitioners involved in human in-vitro fertilisation, legal and medical scholars, non-governmental organisations, adoption agencies, surrogacy agencies and others.

The interactive session featured a presentation on the concept of surrogacy.

Sources said the Commission did not provide copies of the proposed Bill for a robust discussion.

The participants expressed concerns about the Commission’s failure to make copies of the Bill available, being the primary agenda of the meeting.

The stakeholders requested copies of the proposed Bill to properly evaluate the risks, benefits and practicability.

A participant at the May 6 meeting said: “Evaluation is necessary to ensure that this Bill has been drafted in such a way that its practicability is feasible in Nigeria.

“There have been past trends of adopting laws from other jurisdictions verbatim, without taking into consideration existing religious, legal, ethical or economic impediments that may disrupt its practice in this jurisdiction.”

Commending the efforts of the Lagos State Government in attempting to legislate surrogacy and human fertilisation, another key stakeholder expressed reservations.

He insisted that meaningful contributions cannot be made without proper knowledge of the contents of the Bill, as it appeared that the meeting was only called to fulfil all righteousness.

Another participant expressed shock when a representative of a state regulatory agency commented that some of the processes presented were contrary to existing laws and protocols.

One of the stakeholders said: “Despite the commitment and desire shown by the Lagos State Government to work in collaboration with us in this legislative process, it is important that a thorough job, including consultations and the need for robust discussions and engagements, must be carried out.

“For starters, the proposed bill ought not to be shrouded in secrecy as that in itself raises the aura of suspicion by relevant stakeholders. Imperatively, copies of the proposed Bill have to be widely circulated.

“We recognise the efforts of the Lagos State Government and are optimistic that it will accede to the voice of the people.”

By Robert Egbe

 

A lawyer, Mr Adesina Ogunlana, has complained to the Commissioner of Police (COP) in Lagos that his petition alleging that the Amuwo Odofin Local Government (LGA) disobeyed a court order was yet to be investigated.

He commended the COP for acknowledging the March 17 petition, but alleged that the council officials named therein were yet to be probed by the State Criminal Investigation Department (SCID) as the Commissioner directed.

Ogunlana is counsel to the Olorunda Oyinlola Market Association of Festac Town, Lagos in suit ID/9827/LMW/2020 between the traders and the LGA over the demolition of the market.

“We regret to inform that the due investigation of our petition and consequential positive proactive action thereon have been stymied by powers that he at the SCID.

“First, the officers of the D13 of the SCID up till now have been unable to interview all of the suspects (specifically the officials of the Amuwo Odofin Local Government particularly the Chairman of the Local Government Valentine Buraimoh) as the suspects are being shielded…) Ogunlana said in a May 11, 2021 petition.

He further alleged that the he and the traders were told by the police on May 5, 2021 that “The order of the honourable trial Court for parties to maintain status quo on the disputed res (the vast parcel of land of the Olorunda Oyiniola Market Festac Town (could not be enforced) because the judge did not specifically order the police to move into the place and enforce the order!”

In the petition, the Market Association accused the LGA and Buraimoh of disobeying an Ikeja High Court order restraining them from further action on the destroyed market premises.

The traders said Justice Sendoten Ogunsanya on January 25, 2021, ordered parties in the suit to maintain the status quo pending the hearing of the Motion on Notice for Interlocutory Injunction by the traders.

They said the order followed the LGA’s demolition of the market on December 12 – despite the pendency of the suit – destroying goods worth over N25billion and reducing the 15 acres of property to rubble.

According to them, despite all the warnings of the court that the LGA should stop further construction on the market site, the LGA ignored the order and continued building there “furiously, day and night…”

But the Amuwo Odofin Local Government’s counsel, Mr D.F. Ogunmade denied the allegations, saying that the traders were being “economical with the truth” and were intent on disparaging Mr Buraimoh.

He said there was no court order restraining the LGA or its chairman from building on the land and challenged the traders to produce the order, adding that “they were just going about maligning my client’s name.”

Ogunmade further stated that following a complaint by the traders, Mr Buraimoh had honoured the police invitation to explain recent developments.

 

How has the Lagos State Ministry of Justice discharged its duties of entrenching the rule of law and improving access to justice in the last year? Attorney-General and Commissioner for Justice, Moyosore Onigbanjo (SAN) last Thursday gave a scorecard of the activities of the ministry’s 13 directorates and units between April 2020 and April 2021, ADEBISI ONANUGA, ROBERT EGBE and OYEBOLA OWOLABI report.

 

Stakeholders and service providers in the justice delivery sector converged on Lagos last Thursday for updates on activities of the Ministry of Justice under the leadership of the state’s Attorney General and Commissioner for Justice, Moyosore Onigbanjo (SAN) and his team over the last    one year.

The occasion was the Ministry of Justice 2021 Ministerial Press Briefing tagged: ‘Our journey between April 2020 and April 2021’ which held as part of the celebration of two years of the Governor Babajide Sanwo-Olu administration at the Baguda Kalto Press Centre, Alausa Secretariat, Ikeja. It afforded Onigbanjo the opportunity to take stock and give a report of the achievements of the 13 Directorates and Units of the ministry under his watch.

 

Relocation of burnt Lagos High Court, Igbosere

Last year, precisely on October 22, hoodlums, under the guise of #EndSARS protest, desecrated the courts by setting the Lagos High Court, Igbosere, a historical edifice, ablaze.

The Lagos High Court, Igbosere, before the incident, was the country’s oldest and most recognisable judicial building. The criminals spent hours looting and vandalising vehicles, furniture, refrigerators, air conditioners, office equipment among others, before burning the entire court complex to the ground.

It was a thing of joy to all when Onigbanjo announced to his audience that a property at Osborne Foreshore Estate, Ikoyi, Lagos, proposed by the Lagos State Government for the relocation of Igbosere High Court will be ready by end of May 2021.

Onigbanjo explained that this and ongoing state-wide construction and renovation of courts is part of Governor Babajide Sanwo-Olu’s efforts to enhance access to justice.

The Attorney-General also disclosed that the digitalisation of 10 of the state’s courts is ongoing and that six of the fully digitalised courts will be ready by October. The facilities, he said, will provide “real-time transcripts solution services and fully-automated courts”. This, he said, will complement the launch of an online platform, Justice Clock, for checking the status of legal advice and certified true copy of legal advice.

 

Launch of Justice Clock solution platform

Onigbanjo disclosed further that there is also an ongoing upgrade of the Ministry of Justice website and social media handles, as well as the introduction of Case Management Systems within the Ministry of Justice to improve efficiency.

True to his words, a ‘Justice Clock’ was formally launched last Thursday to improve service delivery in the Directorate of Public Prosecution (DPP), particularly for checking status  and the issuance of legal advice and Certified True Copy of the legal advice. The platform will also make it possible to trace the movement of case files, provide information on counsel handling every case and updates on cases in courts.

 

Statement recording, interrogation rooms

Onigbanjo highlighted the MoJ’s efforts to boost law enforcement agencies’ performance by building statement recording/interrogation rooms for the Lagos State Command, Nigeria Police Force (NPF) to enhance prosecution of cases.

 

Enhancing access to justice

To enhance access to justice, he said efforts are ongoing to create more Alternate Dispute Resolution (ADR) units in Citizen Mediation Centres (CMC) and Office of Public Defenders (OPD) across the state to offer advisory services to citizens.

 

Virtual Court hearing

Lagos State pioneered Virtual Court hearing in the country on May 4, 2021 in a suit number ID/9006C/2019 involving one Olalekan Hameed who was sentenced to death by hanging.

Till date, 490 cases have been dispensed with through virtual hearing, rulings and judgments.

To ascertain the validity of virtual courts, Onigbanjo said the MoJ filed a case at the Supreme Court in suit number SC/CV/260/2020,   AG Lagos Vs AG Fed & Anor. The Supreme Court decided that “virtual court as of today are not unconstitutional”, stressing that the Supreme Court and Court of Appeal have also commenced virtual hearings to deliver judgment. The commissioner said Virtual Court Sitting was introduced to quicken justice delivery in the state.

 

Civil Litigation

Onigbanjo said the Directorate of Civil Litigation helped the state government reduce contingent liabilities by winning suits worth N95 billion and dismissed by the courts.

Citing an example of such cases, Onigbanjo said the Federal High Court on February 3, 2021, in Olukoya Ogungbeje v Lagos State Government and seven others, affirmed the position of the state government restricting the use of motorcycles and tricycles as a means of transportation on specific routes within the six local government areas and nine local development areas in the state.

The Attorney-General further disclosed that the directorate also obtained 18 rulings and 34 judgments in favour of the Lagos State Government.

 

Office of the Public Defender

The Lagos State Government through the Office of the Public Defender (OPD) recovered over  N67.305 million for indigent residents who had different cases in court within the last one year.

He said the sum of N67,305,422.00 that was recovered has been handed to the residents.

Onigbanjo said the OPD also won 82 of its cases, with 39 against its position while the department secured the release of 198 #EndSARS protesters who were arrested by security operatives.

He added that the inmates were defended in court hearings by government lawyers from the OPD. The commissioner stated that some of the cases were resolved through the plea bargain option.

Throwing more light on other areas the MoJ has protected the rights of citizens, Onigbanjo said that the OPD during the period under review attended to 50 cases concerning the rescue of abused children and defended 410 inmates.

“During the period under review, the courts delivered 121 judgments and rulings, 82 of which he said were in favour of OPD clients and 39 against.

 

Citizens Mediation Centre

The Commissioner for Justice said the ministry’s Citizen Mediation Centre (CMC) resolved 9,686 cases out of 12,358 within the year under review.

According to him, the CMC recently aided the restoration of a family to their apartment at Ojokoro on April 14, 2021, after being locked out by the aggrieved landlord for 18 days.

He assured that the state government will continue to evolve in its resolve to promote speedy dispensation of justice which birthed the introduction of Telephone mediation.

He said the Directorate also resolved 1,640 petitions covering landlord and tenant, employer-employee matters and matrimonial disputes and recovered N51, 510, 000 on behalf of complainants.

 

Domestic, sexual violence offences

 

The Commissioner for Justice disclosed that the Domestic and Sexual Violence Response Team (DSVRT) handled 3,831 cases involving adults and 1202 children, Onigbanjo said, adding that the state had also provided compensation and empowerment for survivors of gender-based violence.

According to him, the Ministry’s Directorate of Public Prosecutions (DPP) prosecuted 281 persons for various offences between April 2020 and April 2021.

The Commissioner said 206 of the 281 convicted persons are sexual offenders whose  details have been included in the state’s sexual offenders register.

He explained that this was part of measures by the Governor Babajide Sanwo-Olu administration to enforce its zero-tolerance for domestic and sexual-related offences in Lagos. Others include the launch of a call centre to attend to reports of gender-based violence through the state’s DSVRT.

“A toll-free call centre number 08000333333 has been  launched to respond to reports of gender-based violence and the  state government will also be  providing compensation and empowerment for survivors,” he said.

One in four Nigerian women are sexually abused before they turn 18, with the majority of cases of sexual abuse in the country are not prosecuted, according to the United Nations children agency UNICEF.

Nigeria, he said, launched its first national sexual offenders register on November 15, 2019, setting up a database of those convicted for sexual violence in a move seen as an important step towards clamping down on abuse.

It came four years after Lagos State established its Sex Offenders’ Register via an Executive Order on December 1, 2015.  The Sexual Offenders Register contains the names of all those prosecuted for sexual violence since 2015.

Currently, only Lagos and Ekiti, keep databases of those convicted of sexual offences.

 

Mobile Courts

Onigbanjo disclosed that about 62,477 persons had faced the law over various traffic offences such as the use of the Bus Rapid Transit (BRT) lane, street trading, driving against traffic, wilful obstruction as well as violation of the COVID-19 regulations.

The commissioner explained that the Mobile Courts sits on Saturdays at different locations across the state to hear cases that are related to violation of COVID-19 regulations every week.

He said DPP is currently prosecuting 1,860 cases at the high courts and magistrate courts including 10 offenders who have been so far charged over attacks on officials of the Lagos State Traffic Management Agency (LASTMA).

The commissioner said the Community Service Unit of the DPP in the last one year supervised 557 community service sentences.

“The community service sentences were for street trading, loitering, fighting and environmental offences,” Onigbanjo said.

He assured residents that the government will continue to liaise with law enforcement agencies to ensure law and order is maintained across Lagos State.

 

Legal advice

He said the office the DPP issued 954 legal advice and is prosecuting 1860 cases at the high courts, magistrates’ courts, including offenders who attacked LASTMA officials. He said 10 of such offenders have been charged so far.

 

Land grabbing

The Lagos State Government through its Special Taskforce on Land grabbing restored the land of 159 citizens whose properties were illegally diverted by land grabbers, otherwise known as “Omo Onile” between April 2020 to April 2021.

Onigbanjo said to further enlighten the citizenry on the menace of land grabbing, the Special Taskforce on Land Grabbers coordinated by Mr Owolabi Arole, is to hold a series of stakeholders sensitisations in six divisions of Lagos State.

“The first was held on April 22, 2021, at Ikorodu, being one of the major areas in the state where the atrocities of land grabbers are prevalent,” the Attorney-General said.

 

Public advisory

Onigbanjo added that the Public Advisory Centre (PAC) of the Ministry of Justice, between April 2020 and April 2021, rendered advice on 47,586 cases ranging from tenancy, pension claims, domestic violence, health matters and illegal demolition of properties

 

Prerogative of mercy

The commissioner said that the governor granted the order of release for 265 convicted inmates; three were pardoned while two were granted committal to life imprisonment.

 

Expanding jurisprudence

Governor Sanwo-Olu  expanded the frontiers of jurisprudence in the state, Onigbanjo said, by assenting to seven bills while 16 bills were presented to the House of Assembly.

He listed bills assented to by the governor as the Land Use Charge Law 2020; Lagos State Neighbourhood Safety Amendment Law 2020; Unlawful Societies and Cultism (Prohibition) Law 2021;  Lagos State Audit (Amendment) Law 2021; Lagos State Public Procurement Agency Law 2021; Lagos State Lotteries and Gaming Authority Law 2021 and  The Lagos State Public Complaint and Anti-Corruption Commission Law 2021.

Managing Partner of Queens Attorneys LP, Mr Kayode Akinsola, is a corporate governance expert. In this interview with Assistant Editor BOLA OLAJUWON, he speaks on the application of corporate governance tenets to governance in Nigeria and why a board of directors must comply with the codes.

 

What motivated you into corporate governance as a career?

With my two decades of observing the corporate environments, I saw the structural gaps in various companies as well as multinational organisations in Africa, which is a reflection of leadership decadence that had permeated through our cultural way of life.

What is corporate governance?

Corporate governance is the way and manner in which the affairs of companies are conducted by those charged with the responsibility. This has a positive link to the growth and development of any nation.

What do you think are the pillars of good corporate governance?

The pillars of good corporate governance are transparency, security, accountability, fairness, assurance and management. Without these, no individual organisation could grow or continue to exist. 

Why do you think we need corporate governance?

Corporate governance is necessary in every corporate society. It enables organisations, firms to achieve their goals and have a controlled risk and assuring compliance. Good corporate governance incorporates a set of rules that define the relationship between stakeholders, management and the board of directors of a company, and influence how the company is operating.

The code indicates that the board remains in effective control of the affairs of the company, the board keeps the shareholders informed of relevant developments impacting the company, the board effectively and regularly monitors the functioning of the management team, the board accepts transparent procedures and practices and arrives at decisions on the strength of adequate information.

Can you mention the main issues in corporate governance?

There are about eight of them but the main ones are Accountability, Shareholder engagement, Leadership, Transparency and Fairness.

It should be noted that there is no perfect model of corporate governance, but there are three dominant models, existing in contemporary corporations: the Anglo-Us Model, the German Model and Japanese Model. The Japanese Model is the most concentrated and rigid while the Anglo-Us is the most dispersed and flexible.

The phrase poor corporate governance is commonly used, what does it entail?

The phrase entails poor and mismanagement of corporate organisation. It also entails a lack of transparency among the board members. It is the inability to achieve the intended purpose of the company. It is the waiver of rules relating to conflicts of interest.

The Financial Reporting Council of Nigeria (FRCN) issued the Nigeria Code of Corporate Governance in 2018. The code, aimed at companies of varying sizes across different industries, seeks to institutionalise corporate governance best practices and promotes value as well ethical practices that will enhance the integrity of the business environment. With the advent of regulations and laws on corporate governance, it reduces vices in the corporate sector.  Hence, the level of compliance has over the years increased.

Can the corporate governance model be applied to the political terrain to foster good governance?

Yes! The corporate governance model can be applied to a political terrain. Corporate governance is about enabling an organisation to achieve its goals, control risks and assuring compliance. Good corporate governance incorporates a set of rules that define the relationship between stakeholders, management and the board of directors of a company and influence how the company is operating. In doing this, a check and balance should be put in place in every corporate sector. Big companies should create a supervisory body where shareholders elect the members of a supervisory body; employees also elect their supervisory body. Companies should also establish a board of management; the supervisory body appoints and monitors the management board.

What is corporate failure and what factors are responsible for company failure?

Corporate failure is the inability to make a profit or achieve the aims by which an organisation is set up or established, due to poor management skill, incompetence, and bad marketing strategies. Factors responsible for company failure include Improper management of the affairs of the company, technological causes, working capital problems, economic distress, fraudulent management, dishonest audit committees, poorly structured board, increase in operating expenses.

What do you think are the ethical issues in corporate governance?

The ethical issues are: Conflict of interest, Transparency, Diversity, Remuneration, Stakeholder accountability, Ownership of interest and Weak board.

The case of First Bank of Nigeria, what is your take?

The case of First Bank is a breach of Code of Corporate Governance for Development Finance Institutions by its board of Directors. It is the duty of the Board of Directors to make a proper consultation with the CBN for the removal and appointment of its Directors and Chief Executive Officers as entrenched in the Code of Corporate Governance for Development Finance Institutions in Nigeria. The First Bank Board of Directors erred in law by failing to comply with the enabling law. Compliance with the code is mandatory for all DFIs. Failure to comply with the code will attract appropriate sanction in accordance with section 64 BOFIA Act, 2004. In summary, the CBN was right in making such a bold resolution to preserve the stability of the bank and to protect minority shareholders and depositors.

The Nigerian economy has continued to witness a downturn with inflation figures jumping while the unemployment rate is on the rise, vis-à-vis high cost of goods. What is the problem and what are the ways out of this quagmire?

The problem resulted from insecurity, neglect of the agricultural sector, wrong impression about vocational training, corruption prevailing in the country and rapid population. The best hedge against inflation is to invest in a stable alternative sector.

By Adebisi Onanuga

 

Wife of the Vice President, Mrs Dolapo Osinbajo, and her Lagos State counterpart, Dr Ibijoke Sanwo-Olu, have called for the collaboration of health sector and other stakeholders to stamp out Sexual and Gender-Based Violence (SGBV) from the society.

They spoke at the launch of the Sexual and Gender-Based Violence Virtual Response and Referral System, a helpline designed  to respond to calls for help by survivors of gender-based violence 24/7 held at Protea Hotel, Alausa, Ikeja.

It was organised by the Lagos Domestic and Sexual Violence Response Team (DSVRT) in partnership with The Women’s Helping Hand and the European Union (EU) funded Spotlight Initiative with technical support by the United Nations Population Fund (UNFPA), among others.

The virtual platform will provide 24-hour clock service with uninterrupted access to trained service providers using free toll line 08000333333 and harsh tag #safety in a number.

Services to be provided include counselling, legal, medical referrals through telephone and where physical contact is made, referral would be made to relevant service provider free of charge.

Mrs Osinbajo, who is the founder of The Women’s Helping Hand, a partner of DSVRT, advocated effective response for survivors of SGBV and for the creation of more awareness of the menace.

She also advocated for “swift and stiff punishment for perpetrators to the full extent of the law” to stop impunity saying that the full wrath of the law should be meted on them.

She commended all initiators of the platform, including DSVRT, the UN Spotlight Initiative,  UNFPA, European Union (EU), The Women’s Helping Hand, the social workers and community leaders among others for coming together  to fighting the menace and bringing succour to victims of SGBV.

Mrs Sanwo-Olu noted that events since the COVID-19 pandemic lockdown had shown that stamping out the monstrous crime would require that all stakeholders work together to kick out SGBV from society.

The governor’s wife said in rising to the challenge, several measures were put in place through a multi-sectorial stakeholders initiatives led by the office of First Lady with the support of  relevant ministries, department and agencies including the Police, Judiciary, Ministries of Health, Women Affairs and Poverty Alleviation and Youth and Social Development among others.

Read Also: Fed Govt, UNFPA partner against gender-based violence

 

She described the launch of the Sexual and Gender-Based Violence Virtual Response and Referral System as a step in the right direction designed to reduce significantly GBV in the state.

Mrs Sanwo-Olu urged survivors to take advantage of the new referral platform designed to provide uninterrupted SGBV services.

“With the advent of social media as effective means of communication, it naturally follows that the platform will play a crucial role in addressing  SGBV, especially from the point of reporting to the appropriate authority  and bringing same to public conscience”, she further stated.

She appealed to members of the Lagos state Assembly to speed up work to provide need legal framework for the Sexual Offenders Register.

Country Representative of the UNFPA, Ms Ulla Muller described gender-based violence as a gross violation of human rights.

She noted that providing accessible gender-based violence service was a step in attaining the UN Sustainable Development Goals (SDGs).

According to her, the UN Nigerian Demographical Survey of 2018 showed that 27.7 per cent of women in Lagos have experienced physical violence before the age of 15, noting that that is more than 2.5 million women in Lagos alone.

“Prior to the pandemic, 16.6 per cent of women in Lagos State sought help to end gender-based violence that is more than a million women”, she added.

”The GBV virtual referral service is a flagship for us and is an innovative service delivery model. It has inspired us and grew out of COVID-19 and it tells us that something good can come out of a crisis,” Muller said.

Attorney General and Commissioner for Justice, Moyosore Onigbanjo (SAN) noted that the issue of SGBV has become a matter of life and death to survivors.

Onigbanjo said that the new initiative is a giant leap for survivors of SGBV as it has provided an avenue to access justice.

Ms Titilayo Shitta-Bey, Lagos State Solicitor-General and Permanent Secretary, Ministry of Justice said the virtual system was established due to barriers to access services by survivors of GBV during the COVID-19 pandemic.

”Through this innovation, we will be able to ensure holistic support to survivors at no cost and survivors will be encouraged to actively pursue justice on their road to healing,” she said.

The eight-week-old judiciary workers’ strike has resulted in suspects languishing in detention at police stations. But the Lagos Judiciary has collaborated with the state’s Ministry of Justice, Legal Aid Council of Nigeria (Lagos chapter), Nigerian Bar Association (NBA) Lagos chapter and Police Duty Solicitors (PDSS) to remedy the situation, write ADEBISI ONANUGA and ROBERT EGBE.

 

If you’ve been in Nigeria since last month, you’ve probably been following Nollywood actor, Olanrewaju James’ story.

Olarenwaju, popularly known as Baba Ijesha, was arrested on April 22 by the Police following allegations of sexual misconduct involving a 14-year-old-girl in the home of comedienne Adekola Adekanya, popularly called Princess.

The comic was detained for over three weeks without arraignment due to the nationwide shut down of courts since April 6 by striking members of the Judiciary Staff Union of Nigeria (JUSUN).

He joined the probably thousands of other crime suspects, or victims of illegal arrests and police brutality held without bail.

But respite came Baba Ijesha’s way on May 17 following an unusual intervention.

The embattled actor was granted bail by Chief Magistrate Oluwatoyin Oghre of the Lagos State Magistracy at about 5pm.

A former chairman of the Nigerian Bar Association (NBA), Ikeja branch, Mr Adesina Ogunlana, who led a campaign for Ijesha’s bail by raising an alarm about his deteriorating health, explained how the actor regained freedom.

“Our client, Olanrewaju James Omiyinka, popularly known as Baba Ijesha, who has been in detention for more than 30 days has been granted bail at the facility of his detention.

“The Chief Magistrate Toyin Oghre of the Lagos State Judiciary and the chief magistrate in partnership with the Ministry of Justice and in partnership with a private organisations led by a former NBA Chairman Ikorodu (branch) Bayo Akinlade, I visited Panti this afternoon, under the decongestion scheme.

‘‘They met Baba Ijesha, and the chief magistrate being very bold and experienced noticed something curious. Baba Ijesha’s name was not even on the list of those whose case(s) would be intervened (sic). The chief magistrate demanded to see him, and as we have said before, bail was granted to him, when he was brought before them, he was limping, and bail was granted to him because of his deteriorating health condition,” Ogunlana said in a post-bail statement.

Securing bail for detainees 

Like Ogunlana noted, Ijesha secured bail following the beginning of a weeklong intervention by the Lagos State Judiciary in collaboration with the Lagos State Ministry of Justice, Legal Aid Council of Nigeria (Lagos State), the Nigerian Bar Association in Lagos State and Police Duty Solicitors (PDSS) to decongest police stations in the state.

The team also secured bail for hundreds of other suspects, while some were released to their families.

Some of the stations visited included State Criminal Investigation and Intelligence Department (SCIID) Panti, Zone 2 Command Headquarters, police stations in Ikorodu, Agbowa, lmota, Itire, Ejigbo, Iseri, Somolu, Ketu, Ikeja, Festac and Ajegunle.

“The objective of the weeklong visit to the Police Detention Centers is to inspect records and conditions of detainees as well as give recommendations on each case, release or otherwise recommend the input of the Director of Public Prosecution.

“The Lagos Judiciary will continue to bring justice to many citizens whose rights may have been violated due to the ongoing strike by JUSUN,” a statement by the Judiciary’s Public Affairs Department said.

The Judiciary said the intervention was in conformity with and continuation of the duties of the magistrates under sections 33 and 34 of the Administration of Criminal Justice Act (ACJA) 2015.

Three magistrates, 150 suspects 

Three Lagos magistrates attended to over 150 suspects in detention under the supervision of the Deputy Registrars Legal and Special Duties.

The magistrates treated both felonies and misdemeanor cases and granted bail to suspects whose offences were bailable.

Akinlade, who participated throughout the week, told The Nation that at Panti alone, the magistrates spent over nine hours sifting through over 200 detainees in police custody.

“The Vice Chairmen of NBA Ikeja and Lagos Branches were on ground leading their members to provide support to the magistrates. The Lagos State Coordinator of the Legal Aid Council of Nigeria and lawyers of the Office of the Public Defender also provided support,” said Akinlade.

He commended the synergy between the Judiciary, Ministry of Justice and NBA.

“It couldn’t be better as the cooperation led to much desired impact in decongesting the police stations and promoting human rights and dignity. The co-operation of the Nigeria Police is also to be commended in this regard,” Akinlade added.

Problem at Zone 2

But it was not all smooth sailing. Last Tuesday, the second day of the scheme, volunteer lawyers on the team reported some opposition by the police at Zone 2.

The intervention began as usual at different police stations with suspects being granted bail while some were released immediately to their families.

The police were commended following reports that most of the police cells visited were clean and habitable

However, reports from Zone 2 Onikan caused worry and discouragement.

Akinlade said: “The Police at Zone did not allow the magistrate to interview suspects in their custody and refused any inspection of their cells. This development has put the police once again in a bad light.

“What are the police in Zone 2 hiding? In fact, one can easily conclude that the police in Zone 2 may be running an illegal detention ring and extorting money from suspects and their families.

“It also questions the integrity of the police and worst of all shows that the police are clueless about the Law they seek to enforce.

“It is also disrespectful to refuse a magistrate from gaining access to suspects which begs the question as to what the police want to do with the suspects in their custody.”

According to him, this action by Zone 2 “is enough to call for the removal or demotion of the AIG in charge of that Zone as being incompetent and unprofessional.

“By and large the exercise by the Lagos State Judiciary is making impact and proves to the citizens that the Judiciary can still be effective even though the members of JUSUN are on strike for a just cause.

“Can we all now see why the Judiciary deserves it’s independence?”.

‘More lawyers needed in Police Duty Solicitors Scheme’ 

Last Wednesday saw the team visiting police stations in Ikeja, Agege, Festac and Ojo areas of Lagos.

As before, the Magistrates were accompanied by lawyers from OPD, Legal Aid Council of Nigeria and the NBA.

The Nation gathered that Vice Chairmen of the Badagry and Ikeja Branches of the NBA were also amongst NBA volunteers who supported the exercise.

Magistrates, as usual, granted bail to suspects and even ordered community service for a suspect that confessed to a misdemeanour.

“Our Police Duty Solicitors (PDSS) reported that some suspects who had previously been granted bail but could not perfect same had their bail reviewed so they could be released.

“This is commendable as the Magistrates performed their duties with professionalism and compassion,” Akinlade said.

It was gathered that most of the police cells were in good condition and not overcrowded.

However, one of the police stations vandalised by hoodlums during the EndSars riots was yet to be reconstructed and restored.

“We urge that this police station receive the much needed attention it deserves by the government,” Akinlade said.

He pledged that the Police Duty Solicitors, the Police Duty Solicitors Scheme, would continue visiting detention centres, and urged more lawyers to join and provide pro bono support through the scheme.