Category: Law

  • ‘How ex-Lagos scholarship board scribe allegedly diverted N127m’

    ‘How ex-Lagos scholarship board scribe allegedly diverted N127m’

    By Adebisi Onanuga

    An Ikeja Special Offences Court on Monday heard how a former Executive Secretary of Lagos State Scholarship Board, Stephen Oshinowo allegedly diverted N127 million to personal use.

    Oshinowo is facing  an amended eight-count charge bordering on criminal conversion brought against him by the Economic and Financial Crimes Commission (EFCC) before Justice Oluwatoyin Taiwo.

    The anti-graft agency  said investigation had revealed that the defendant allegedly diverted to  personal use the sum N127 million  meant for the Board at various times.

    The EFCC said investigation conducted revealed that Osinowo, at various times, meant for the Board.

    Oshinowo denied the charges when they were read to him.

    During resumed proceedings yesterday, an investigator of the EFCC, Moday Moley, narrated how the defendant used his account in United Bank of Africa (UBA) to perpetrate the alleged fraud.

    Moley who was led in evidence by the prosecuting counsel, Usman Buhari, told the court that

    Following the receipt of a petition, the commission freeze the defendant’s  accounts with UBA and commence investigation into the allegations stated in the document.

    He said that as at the time of freezing the account the defendant had converted parts of the fund received from  Lagos State Scholarship Board to personal use.

    According to him, sometime in 2018, the defendant received the sum of N30million in three tranches of N10million each from the account of Lagos State Scholarship Board, for the use of staff welfare and office renovation but that later converted same to personal use.

    She said investigation revealed that the defendant sent part of the proceed to his wife, Adenike, for payment for flight trips, supermarket sales, POS transactions and kept others in fixed deposit account.

    After the testimony, the prosecutor, Buhari sought permission of the court to tender the statements of account of the defendant.

    Defence counsel, Lawal Pedro (SAN) opposed on the request .

    Pedro argued that the defendant statement was obtained under duress and emotional torture.

    Ruling on the matter, the trial judge, Justice Taiwo adjourned the matter till March 7 for trial-within-trial to determine the voluntariness of the confessional statement.

  • Death of Chief Olubunmi Olugbade

    Death of Chief Olubunmi Olugbade

     

     

    A Gospel song writer says and I quote What do we do when we don’t know what to do?Where do we run to when we don’t know where to go? And what do we say when we don’t know what to say?” I must confess that I don’t know what to say about the death of Chief Hon. Olubunmi Olugbade. I have been inundated with calls from friends and colleagues wondering whether the news of his death was true and how. Even though I do not know what to say, it has become inevitable for me to say something in his honour.

    Let me start by saying that nobody no matter how powerful can add one second to his life. Secondly, I also recognise as a believer that there is no accident in predestination. Hence, the scripture says “that there is a time to be born and there is a time to die.”The timing of these two great events of life is beyond the knowledge and comprehension of any man. With this understanding, no one can query God. Kabio o si!”

    Hon. Olubunmi Olugbade died on February 9, 2021 after a protracted illness. He was 61. Hon. Olugbade’s death is much more painful to me because I know that he carried the sole responsibility of looking after his six children, his wife having died earlier in June 2018. Three of these children are under 20. He was on sick bed for several months. I cannot help but to say that death is cruel and that devil, the author of death, is wicked but I have a word for the children. That when the devil is at its worst, God is always at His best.

    Hon. Olugbade was a good man. A very sincere and loyal friend, highly passionate and committed to relationship. A very brilliant legal practitioner and an outstanding politician in Ekiti State. He was a former member of Ekiti House of Assembly  where he made a mark. He was a former Chairman of Nigerian Bar Association, Ikere Branch, Ekiti State and a former member of the National Executive Committee of the Nigerian Bar Association. He was a great player and indeed an influencer in the affairs of Egbe Amofin–the South-west caucus of Nigerian lawyers. A transparent and honest man, highly reliable, unreservably selfless and absolutely committed to any cause that he believed in. I also know as a fact that he was a traditional title holder of Apelua of Ilawe, Ekiti and a great confidant of our traditional ruler back home.

    The great legend Chief Obafemi Awolowo once said: All that I want in life is to live for history. To live for history is not to die but to be in the hearts of all men and to be in the hearts of men is to serve them selflessly.” You served your community to thet best of your ability as Chief Apelua of Ilawe Ekiti. You served your state very diligently as a honourable member of the House of Assembly and you served your profession creditably to the level that circumstances and situations permitted the opportunity.  Above all, you served God dedicatedly through the platform of the Redeemed Christian Church of God. You, therefore, shall be in the hearts of so many people, too numerous to count and from different levels of humanity. Therefore, Chief  Olubunmi Olugbade, you are not dead. You have barely transited from mortality to immortality. You are alive in our hearts.

    ‘’I pray that God Almighty, the father of the fatherless shall rise up mightily for the children and other relatives that you left behind. He shall raise men and women for them and for their needs. When they need you, they shall see God.

    Rest in perfect peace!

     

    • Dele Adesina is a former General Secretary of the Nigerian Bar Association (NBA)
  • Lawyer urges respect for constitution

    Lawyer urges respect for constitution

    By John Austin Unachukwu

     

     

    Lagos-based legal practitioner, Mr. Anthony Okechukwu has charged the new executives of the Old Aguata Union (OAU) in Aspamda to always respect their constitution by following its provisions to provide good and successful administration for the association.

    He stated this after administering the oath of office to the newly elected officers of the union at the Motel, Trade fair complex in Lagos.

    The new officers of the union are:  Nze Patrick Onyekachi Umerioha Chairman; Sir Sunday Obiefuna 1st Vice-Chairman; Uche Henry Ogbonna, 2nd Vice-Chairman; Nze Okafor Ikechukwu A.  Secretary;  Ikechukwu Umeh Francis; Assistant Secretary; Okpala Chibuike Valentine  Financial  Secretary;  Nze Onyeka Ezekwo Treasurer; Okafor Okechukwu J. Pro; Nze Anthony Ezenenwu  Welfare 1; Nwokoye Chukwuka; Welfare 2; Prince Chimezie Ezeaka  provost 1 and Ebuka Obi who was elected provost 2

    In his acceptance speech, Nze Patrick Onyekachi said “It is with deep sense of humility and honour, that I welcome you all to this inauguration of the newly elected officers of Old Aguata Union (OAU) in Aspamda.  I am highly delighted to see this intimidating crowd that trooped out to witness the inauguration and to register their support for  us.  Today is indeed a great day as we take over the mantle of leadership of this great union, OAU Aspamda chapter, I pray that God will guide us aright throughout our tenure.

    ‘’On December15, 2020, our people gathered at this  venue for the election of the officers who are being inaugurated today, our people came out en masse conducted themselves properly and elected their leaders of choice without rancour, the election was very free, fair and credible.

    “At this point, I want to thank the Chairman of the electoral committee, Hon. Cyprian Chukwujekwu Okoli and his members who in their wisdom was able conduct a credible election despite the short notice and the prevailing challenges of covid-19 pandemic.  I will not forget to thank the immediate past administration ably led by Chief Godwin Okonkwo, who performed wonderfully well during his tenure, he is a leader per excellence.  Same appreciation goes to the past chairmen, BOT chairman & his members, council of elders and founding fathers who in their wisdom formed this great union, sacrificed their time and scarce resources to sustain the union till date, I want to assure you that, your labour shall never be in vain.  May I also extend my appreciation to the past presidents and sitting president of Aspamda and their executives for their selfless and exemplary leadership they have provided to the people of Aspamda.

    ‘’Today, as we all gathered here as a people to celebrate and usher in the new administration that will lead us for the next four years, I want to assure you once again that this government will do everything humanly possible to unite all the members and to make sure that all hands are on deck to move OAU in Aspamda to a desirable height.

    “I want to remind us that, the time of electioneering is over, what is important now is how to unify and build a stronger OAU that will stand the test of time.  Therefore, I wish to extend an olive branch to my co-contestants to come on board to form a unity government so that we can move OAU to a greater height.  Like the famous inaugural speech of John F. Kennedy of January 20, 1961, and I quote; ‘’ask not what America can do for you but ask what you can do for America’’ In the same manner, I call on my co-contestants and all OAU members in Aspamda not to ask  for what OAU can do for them but should ask what they can do for OAU in Aspamda to make it great.  Having said that, I wish to remind us that the interest of OAU is much bigger than any individual interest.

    ‘’On this note, I want to pledge my allegiance to the constitution and the people of OAU in Aspamda who voted me to serve them.

    “At this juncture, I want to assure you that, this government is going to build and strengthen the structures left by my predecessors and equally over haul areas where necessary. Finally, I want to assure you that, this government shall be fair in delivering justice and equity to the people of OAU and shall run an honest and transparent government where ethics and accountability shall reign supreme.

    “In conclusion, I want to solicit for your support morally, spiritually and financially as no government will ever function well without finance.” Umerioha stated.

    In his speech, the President General of Akpo Development Association (ADA) praised members of the association for electing Nze Patrick Umerioha chairman of the forum, he advised the executives to work together as one to enable them deliver the dividends of democracy to their people.

    The traditional ruler Akpo town HRM Igwe Jonathan Okpalaezechaa, the Nnamoshimiri 11 of Akpo  who was represented at the event by his cabinet  member,  Nze Kenneth Ezeiruoma, congratulated the new executives and urged them to respect the customs and traditions of their host communities so that they have peace without which development will be impeded.  He encouraged the new executives to be good ambassadors of the OAU what are symbols of hardwork, honesty  and integrity.

    The event was attended by members of the association, friends and well wishers from Lagos State and beyond.

  • Ogun, NAPTIP partner to fight child trafficking, others

    Ogun, NAPTIP partner to fight child trafficking, others

    By Adebisi Onanuga

     

    Ogun State Government and  National Agency for Prohibition of Trafficking in Persons (NAPTIP) have  agreed to collaborate to fight and eradicate human trafficking, child molestation, rape, threat to life and other related vices in the state.

    The State Attorney-General and Commissioner for Justice, who is also the Chairman Committee on Child and Human Trafficking in the state, Mr. Akingbolahan Adeniran, made this known during the constitution of Coordinators and Subcommittee of Task Forces to tackle incessant human trafficking and molestation of child, held at his office, Oke-Mosan, Abeokuta.

    Adeniran stated that it was very cogent to sensitise the general public on the side effect of human trafficking.

    Adenuran said the committee was constituted to fight against child trafficking and to be a communication channel for reporting the vice, being the state closed to the border of the country.

    “Indeed, the victims’ protection and eradication of human trafficking is our priority, also the emergency response to strengthen and enhance effective legal means to prevent the root causes of the menace of human trafficking in persons,” Adeniran said.

    In her remarks, the Regional Director of NAPTIP, who also doubled as Vice Chairman of the Committee, Mrs. Kehinde Akomolafe, said that the proper collaboration amongst law enforcement agencies remains panacea for effecting crime prevention in the country.

    She added that many crimes were related to one another and therefore, need closer relationship between law enforcement agencies and other key agencies like Ministry of Justice to deal with them.

    “In fact, most critical weakness preventing the full compliance to the report of the assessment concerns the legal restriction in NAPTIP prosecutors in respect of trafficking-related offences are not specifically contained in the NAPTIP Act,” Akomolafe said.

    She noted that offences like, rape, threats to life, aggravated physical and psychological injury, production and presentation of false identity or travel documents, membership of organised criminal structures and money laundering should also be curbed and look into for proper eradication.

    She stated  that those offences were in the Panel and Criminal Codes, and could be prosecuted adequately by the Nigerian Police Force (NPF) and Nigerian Immigration Service (NIS), saying that the agency continued to represent the most comprehensive and integrated model that currently exists in global terms.

     

  • Exception of WHT from routine sales: a benefit withheld

    Exception of WHT from routine sales: a benefit withheld

    In this article,  John-Paul Nsofor and Ayodeji Abdul argue that a lacuna in the WHT regulations granted unlimited power to tax authority to carry out enforcement beyond the scope envisaged by the law

     

    Withholding Tax (WHT) is a tax levied indirectly, by requiring a purchaser of goods or services to deduct and remit taxes at source, from money due to a vendor – for certain classes of transactions. Either by impatience or affection for consistency, at some point businesspeople seem to have conferred WHT with the status of custom.

    By popular usage, its application has now extended far beyond its animating regulation. WHT provisions are now standard clauses in commercial contracts, binding parties to deduct and pay to tax authorities, funds which belong in the pockets of the vendor. A typical example, of one such excluded transaction is “sale in the ordinary course of business”.

    WHT Regulations1 are made pursuant to the Companies Income Tax Act.2 The Regulations provide for transactions or income that is subject to WHT. This includes dividends, interest and rent, royalties, payments made on hire of equipment, motor vehicles, plants and machinery; commissions, consultancy, technical service fees, management fees, legal fees, audit fees, and other professional fees, building, construction and related activities excluding one single delivery, survey and installation, directors’ fees and all types of contracts and agency arrangements. However, the Regulations specifically exclude sales in the ordinary course of business. Unfortunately, the Regulations provide no further indication as to what is meant by: ‘sales in the ordinary course of business’.

    This lack of precision in the otherwise prescriptive language, has granted a wide berth to the tax authority to enforce what would arguably be beyond the scope of the Regulations in the common usage of the term “ordinary course of business”. The Regulation now routinely applies to enforce WHT on every formal contract of sale.

    Interestingly, the Tax Appeal Tribunal (TAT) has fairly recently clarified the meaning of sales in the ordinary course of business. In Tetra Pak West Africa Limited v. Federal Inland Revenue Service3, the FIRS had applied WHT to Tetra’s business of importation and sales of packaging equipment and spare parts to customers in the manufacturing sector. FIRS reasoned that by the mere presence of formal contracts between Tetra and its customers, the company’s transactions were outside the realm of sales in ordinary course of business and WHT should apply. Unable to accept this loose reasoning, the company challenged the assessment at the TAT.

    The TAT held that Tetra’s business was exempt from WHT; finding that a company buying or selling its usual stock in trade is outside the contemplation of the Regulations4. Once there is a reasonable nexus between the transaction in question and the nature of the company’s business, such a sale is done in the ordinary course of business – provided it does not fall within the itemized class of transactions and income subject to WHT in the Regulations. There are potentially several ways a company could prove “the ordinary course of business” such as to exclude WHT:

    1. when the sales form part of its objects;
    2. its business is closely connected to the sales;

    iii.        the company historically carries on such sales transactions;

    1. the sale is a customary part of its business; not a solitary one.

    Following the decisions in the Tetra Pak case, the unfortunate reality is that most companies which cannot afford a tax or legal advisor, remain ignorant of this exemption. The decision certainly does not seem to have dissuaded the FIRS from continuing to rake in revenues which are otherwise exempted. For companies who discover their error after such excluded taxes are collected, procuring a refund from the tax authority can be most complicated. At best, one may hope to set-off the amount against future taxes, but this is usually not without a vindictive future audit by the tax authority. As with most business dealings, the price of retaining legal advice on these and similar matters, will usually be far outweighed by the cost of ignorance.

     

    • John-Paul Nsofor and Omolade Afonja are Senior Associate andJunior Associate respectively at Perchstone & Graeys.
  • Cross River Chief Judge, heroes

    Cross River Chief Judge, heroes

    By Ebun-Olu Adegboruwa SAN

     

    In February 8, 2021, the Honourable Justice Akon Bassey Ikpeme, was sworn in as the substantive Chief Judge of Cross-River State, in a colourful ceremony that was attended and watched live by many. It has been a tortuous journey, for My Lord in particular. How did it happen? On March 3, 2020, Governor Ben Ayade shocked the nation and the judiciary in Nigeria when he proceeded to swear in Honourable Justice Maurice Eneji, as the Acting Chief Judge of Cross-River State, to take over  from Honourable Justice Ikpeme, whose tenure expired in acting capacity on March 2, 2020. It was an executive act that blew dust on the face of the judiciary directly, ranking as it were, as the greatest act of impunity, so far displayed against the most sacred institution of governance, by the executive arm. At all relevant times, the Honourable Justice Ikpeme was the most senior judge in the Cross-River State judiciary, but then she is a lady and she is from Akwa Ibom State by birth, although married to a citizen of Cross-River State. Honourable Justice Eneji was at the time next to her in the rank of seniority and above all, a man.

    Governor Ayade had forwarded the names of Honourable Justices Ikpeme and Eneji to the National Judicial Council, for recommendation for appointment as the substantive Chief Judge of the state, with Ikpeme as the preferred candidate and Eneji as the reserved candidate, ostensibly based on seniority. The NJC in December, 2019, interviewed both candidates, whereupon it found worthy and recommended Ikpeme as the substantive Chief Judge, being the most senior judicial officer and she had no negative report whatsoever. Then commenced the various schemes and spins, targeted mainly at denying Ikpeme J., the substantive position, purely on the grounds of gender and her state of origin. It was then suddenly realised that she is from Akwa Ibom State, thereby putting her loyalty to Cross-River State in doubt. But all that has ended now, partly due to the role played by the Nigerian Bar Association, led by its dynamic President, Mr. Olumide Akpata.

    My Lord Honourable Justice Akon Ikpeme started her career in Calabar and later got married to a Cross-Riverian. At the creation of Akwa-Ibom State, members of staff of the judicial arm were given the option to move to the new (Akwa-Ibom) State or remain in the old (Cross-River) State. Ikpeme continued to discharge her duties as a judge in Cross-River State, handled several cases and delivered judgments thereon, without any dent on her judicial career, till she rose to become the most senior judge in the State. The former Chief Judge therefore had no difficulty in recommending her for appointment as the Chief Judge. Then the executive arm of government under Governor Ayade began to put obstacles in her way, first with the composition of the State Judicial Service Commission and thereafter the manipulation of the State House of Assembly. On March 2, 2020, the Cross-River State House of Assembly had a stormy and rowdy session, in debating the issue of approval of the substantive chief judge. Through voice vote, they claimed to have rejected Ikpeme’s candidature due mainly to ethnicity. It was the first time in the history of Cross-River State that the most senior judge would be denied appointment as the substantive Chief Judge.

    Now, section 271 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides that ‘the appointment of a person to the office of the Chief Judge of a State shall be made by the Governor of the state on the recommendation of the National Judicial Council subject to confirmation of the appointment by the House of Assembly of the State’. The simple interpretation of this section involves some processes, but surely the most fundamental of them all is that the appointment of the chief judge is the responsibility of the governor. That process is commenced by the State Judicial Service Commission, which will interview and recommend candidates to the governor for appointment and the governor will in turn send the name of his nominee to the National Judicial Council. If he sends two names to the NJC and both are recommended as suitable, as was done in this case, he has to take a decision first, before activating the process of confirmation by the State House of Assembly.

    The case of Ikpeme J, has brought to light the inadequacies of the 1999 Constitution, which many are taking advantage of to perpetuate lawlessness and impunity. The legislative houses of the states are all under the control and manipulation of the governors, such that no meaningful debates or legislative activities go on in those hallowed chambers, except in a few states. By law, it was not yet time for Ikpeme J, to retire from the judicial service of Akwa Ibom State and by swearing in Eneji J, her junior, as the Acting Chief Judge at that it, it meant that Ikpeme J, would take directives from and be under the authority of Eneji J. Seniority is one of the most cherished traditions of the legal profession, both at the Bar and on the Bench. And this is why section 271 (4) of the Constitution was enacted to uphold this age-long tradition, by stating that ‘if the office of the Chief Judge of a State is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office or until the person holding the office has resumed those functions, the Governor of the State shall appoint THE MOST SENIOR JUDGE of the High Court to perform those functions’ (emphasis supplied).

    From the clear provisions of section 271(4), it cannot be in doubt that the intent of the drafters of the Constitution was to allow the  most senior judge of the state to be the occupant of the office of the Chief Judge, once a vacancy occurs. Even in other establishments outside the judiciary, such as the military, whenever it is the desire to appoint a junior officer to the highest position, all his seniors and contemporaries have to be retired compulsorily, as it will be absurd to retain them in service and expect maximum loyalty. It was, therefore, a game of chess in Cross-River State, since neither Governor Ayade nor his cronies in the Cross-River State House of Assembly commenced any proceedings in compliance with section 292 (1) of the Constitution, to remove Ikpeme J, in any manner known to law, the consequence of which was that she would have to continue to function in office as the most senior judicial officer in Cross-River State until she retires, notwithstanding the painful experience of her unwarranted persecution.

    When all entreaties on Governor Ayade to do the needful fell on deaf ears, some human rights activists, led by the ever-militant Welfare Secretary of the NBA, Comrade Kunle Edun, filed a suit before the Cross-River State High Court, for judicial interpretation and application of section 292 of the Constitution. The trial Court upheld the objection of the State challenging the locus standi of the plaintiffs in the suit and the appeal to the Court of Appeal was dismissed, whereupon a further appeal is now pending at the Supreme Court. Now, part of the lessons in this whole saga is for all citizens to be conscious to demand for their rights, anytime there is a breach or likelihood thereof. Even though the court case was dismissed, it is on record that Governor Ayade cannot claim that the issue was a walk over for him. Activists in Cross-River State, Comrade Agba Jalingo, human rights lawyers, Femi Falana, SAN, Monday Ubani, Inibehe Effiong and many others too numerous to mention, rallied support from across the nation, to resist the impunity of the executive governor, to trample upon the judiciary, with such flagrancy. But today, we are talking about heroes.

    While his men were out there slugging it out with Governor Ayade, Mr. Olumide Akpata adopted the carrot and stick approach, by constructively engaging Governor Ayade, the NJC and all other stakeholders, for a common solution, which culminated into the swearing-in ceremony of February 8 instant. The fundamental implication of this selfless effort is simply that a people united can never be defeated. Even if another judge had been sworn in as the Chief Judge of Cross-River State other than Ikpeme, J, it would still have been a struggle won, for the people of Cross-River State in particular and the Bar and Bench, in general. The other hero of this struggle is the rule of law, eloquently championed by the NJC, the human rights activists and the NBA. Given the physical location of the champions of this noble cause, traversing Warri, Lagos, Abuja and Calabar was certainly not a tea party, given the security situation in Nigeria, alone. Not to talk of the financial implications, in convening and attending several meetings, filing and prosecution of the court cases and the concomitant effect of all these on their private practice. This is why they deserve the applause of all men and women of good conscience, as the laudable example that they have set will remain an indelible reference point to guide us in similar cases in future, which honestly, no one prays for.

    In it all, commendation also goes to Governor Ayade, for allowing wise counsel to prevail and for upholding the oath of office he took, to respect, observe, defend and enforce the Constitution, without ill will, fear or affection. That is the way it should be, as there is nothing personal in the appointment of the Chief Judge of a state, being a tenured office that is purely statutory in nature. Should His Excellency have persisted, in defiance of the Constitution, to retain his preferred candidate in office as Chief Judge, it would have been a dangerous precedent, which even the court, as the major casualty, was not readily available to upturn. It is an irony of sorts, that the institution being defended failed, at the appropriate time when given the opportunity, to rescue itself, clinging as it were, to the discarded theory of locus standi, which even courts in foreign jurisdictions, have jettisoned in favour of local fishermen against multinational oil companies. It is rather unfortunate.

    The Cross-River State House of Assembly also acted in a matured fashion, in reversing itself concerning the swearing in of Ikpeme, J., ultimately. Members of the CRSHA have only all opted to defend the Constitution, to preserve our noble institutions and to allow the rule of law to prevail, over the rule of man. But all of these efforts would have gone unnoticed but for the media, which kept the matter in the public domain throughout. It is gratifying that the NBA President has also opened up discussions with Governor Ayade on the fate of Magistrates in Cross-River State, who have worked for about two years without payment of their salaries and allowances. That will be the icing on this beautiful struggle, when Governor Ayade would demonstrate uncommon statesmanship, by granting unconditional approval for the payment of all outstanding entitlements of all judicial officers, who have labored and toiled to sustain his administration.

  • Experts offer solutions to prosecutors’ challenges in high profile trials

    Experts offer solutions to prosecutors’ challenges in high profile trials

    At a virtual conference held on February 11, 2021 by the Centre for Socio-Legal Studies (CSCL) law experts, drawn from the Bench, the Bar and the academia, examined the many challenges confronting prosecutors in high profile corruption cases in the era of the Administration of Criminal Justice Act (ACJA) 2015 and suggested ways to address them. Eric Ikhilae reports

     

    The introduction of the Administration of Criminal Justice Act (ACJA) in 2015 has, undoubtedly, contributed appreciably to strengthening the nation’s criminal justice system. In specific terms, it has aided in curbing delay in criminal trials, particularly those involving high profile and politically exposed defendants.

    However, in recent time, the many gains that came with the ACJA are increasingly being threatened by factors, which include court pronouncements that are blamed on certain identified inadequacies inherent in some provisions of the law; increasing scheming by high profile and politically exposed defendants and their counsel, aided by a questionable political culture that allows a defendant to retain his political office while standing trial; among others.

    The need for a concerted effort by stakeholders to address this challenge by promptly removing identified loopholes being exploited by those, who are opposed to the existence of an effective criminal justice system in the country, informed a recent virtual conference, with the theme: “Challenges facing prosecutors of high profile corruption cases.” It was put together by the Centre for Socio-Legal Studies (CSLS), with the support of the MacArthur Foundation.

    Speakers, including Justice Adebukola Banjoko of the High Court of the Federal Capital Territory (FCT), CSLS’ President, Professor Yemi Akinseye-George (SAN), Africa Director, MacArthur Foundation, Dr. Kole Shettima, among others, stressed the need to urgently address the identified challenges experienced by prosecutors to ensure the nation’s criminal justice system functions effectively.

    The challenges were categorised into two baskets. First, are those resulting from the attitude and decisions of the prosecutors, while the second were identified as those challenges occasioned by factors outside the control of the prosecutors.

    Some of the challenges

    Some challenges identified as those caused by prosecutors themselves include the filing of multiple charges on similar facts, persistent amendment to charges and filing of charges with multiple counts, with inadequate evidence to secure conviction.

    Those outside the control of the prosecutors include the grant of long adjournments due to ill- health of either the defendant, the judge or the defence lawyer; the conduct of trial-within-trial, which takes years to be resolved; witness tampering by agents of the defendants, and the grant of leave high profile defendants to travel abroad for medical treatment.

    Speakers also identified legal barriers to criminal prosecution, such as immunity under Section 308 of the Constitution and other legal provisions. There is also the growing trend among some judges, who exhibit hostility towards prosecutors for reasons suggesting sympathy for the defence at the expense of the state.

    Suggested solutions

    Speakers were unanimous that there was the need to address the many identified flaws inherent in the ACJA, including Section 396 (7) of ACJA, which authorised elevated High Court judges to return briefly to conclude their part-heard cases at the trial court, which the Supreme Court has voided in its decision in the Udeogu VS FRN & ors case.

    On his part, Prof. Akinseye-George suggested that, when the opportunity presents itself, the Supreme Court should reverse its decision in the Udeogu VS FRN & ors case on the grounds that it “is already causing serious confusion in the criminal justice system.”

    Justice Banjoko however, has a different opinion. She suggested that, in view of the Supreme Court’s decision, Udeogu VS FRN & ors case, the National Assembly should urgently effect amendments to sections 239 (1) and 240 of the Constitution to expand the original jurisdiction of the appellate Justices in compliance also, with the Judicial Oath in the Seventh Schedule of the constitution.

    As a way of curbing the delay caused by trial-within-trial, Justice Banjoko suggested the need for investigative agencies to develop ways of deploying modern techniques in the form of audio/visual technologies to obtain statements from suspects, in addition to pen and paper.

    She equally suggested the need for more training for investigators and prosecutors, particularly in the areas of collaboration, for them to always realise that they must work hand in hand and be patient in securing evidence in line with what are the elements of the offence.

    Justice Banjoko spoke about the need to consider an arrangement that allows the engagement of retired judges in decongesting the backlog of cases before the court, and also, the introduction of part-time judges, who should be chosen from among existing Senior Advocates, to decongest the courts.

    She added: “The constitution should be amended to include a provision that a defendant facing weighty criminal charges should not be allowed to continue or aspire to hold public office until the determination of the substantive trials and appeals. This will ensure the absence of delaying tactics and aid effective disposition of the cases.

    “There should be intense training on the ACJA as well as the relevant practice direction of each court so that the provided rules are complied with, such as pre-trial conference, alternative dispute resolution mechanisms, plea bargain etc. This training should not be exclusive to the prosecution alone but useful for all stakeholders’’. Prof. Akinseye-George disclosed that the CSLS was currently working an improved draft of the ACJA to correct some noticeable flaws in the Act, adding that another way to strengthen the system was to amend the enabling laws of the prosecuting agencies to guarantee the independence of the agencies from undue political interference.

    He also stressed the need to strengthen the other agencies of criminal justice administration, such as the investigators and courts, without which the work of the prosecutors cannot be successfully carried out.

    Prof. Akinseye-George equally stressed the need to amend enabling laws of the prosecuting agencies and the constitution to allow  such prosecuting agencies retain a minimum of 10 percent of all the recovered proceeds of crime, which can then be channelled into capacity building, witness protection, technology acquisition and other pressing needs of the agencies.

    He suggested the  need to establish  and implement national minimum standards for the implementation of the ACJA on the basis of which prosecutors and other agencies of criminal justice administration can be evaluated and assessed periodically.

     

  • Lagos Law Reform Commission gets new Executive Secretary 

    Lagos Law Reform Commission gets new Executive Secretary 

    By Adebisi Onanuga

     

    Lagos State Governor, Mr. Babajide Sanwo-olu has approved the appointment of Mrs. Umul Kulthum Ninilomo Bashar as the New Executive Secretary, Law Reform Commission.

    The confirmation of Mrs. Bashar was conveyed through a letter dated  February 18, 2021 by the Office of the Head of Service, Mr. Hakeem Muri- Okunola.

    Mrs. Bashar until her appointment was the Head of Legal Unit, Law Reforms Commission since August, 2020.

    She joined the Lagos State Civil Service on 22nd of May,  2009 as a  Chief State Counsel and was later deployed to the Directorate of Commercial Law where she rose to become the Head of Department.

    While at the Directorate of Commercial Law, Mrs. Bashar was involved in drafting commercial agreements for high profile projects for the State.

    She was also appointed the Registrar Bill of Sales Registry in November, 2012. In the same Month she was appointed Legal Researcher (Business Matters) on the Lagos State Government/Institute for Liberty and Democracy Informal Sector Reform Programme.

    She was deployed to the Lagos State University Teaching Hospital in June 2019 where she headed the Legal Unit

    Mrs Umul-Kulthum Ninilomo Bashar was born on the 30th of October, 1964 to the Agoro Family of Idumota, Lagos and Salvador Family of Tokunbo Street, Campus, Lagos.

    She attended Corona School , Yaba (Now at Gbagada)  for her primary education from 1967-1975 and proceeded to Methodist Girls High School, Yaba for her Secondary Education between 1975 and 1980.

    Mrs. Bashar did her A’ Levels at Queens College, Onike, Yaba from 1980-1982 and obtained her LL.B from University of Lagos, Yaba in 1986. She was called to the Nigerian Bar on the 22nd of October 1987. She returned to University of Lagos where she obtained her Masters Degree in 1996.

  • Ex-NBA publicity secretary urges politicians to emulate Jakande

    Ex-NBA publicity secretary urges politicians to emulate Jakande

    By Robert Egbe

     

    A former National Publicity Secretary of the Nigerian Bar Association ( NBA),  Mr. John Austin  Unachukwu, last week in Lagos,  described the former Governor of Lagos State, Alhaji Lateef Kayode Jakande as a selfless leader who should be emulated by all.

    Mr. Unachukwu stated this when he led a delegation of the 1992/ 94 set of the Nigerian Institute of Journalism ( NIJ)  on a condolence visit to  commiserate with the family over the demise of the former Lagos helmsman.

    Unachukwu described the late Jakande  as a servant leader, who lived a modest life among his people and gave his all for their wellbeing.

    According to him, promoting the greatest happiness of the greatest majority was his philosophy  and driving force.

    “I am a great beneficiary of his good leadership and infrastructural development in Lagos State. Apart from attending the NIJ in which he was a critical stakeholder, I also attended the Lagos State University where I enjoyed scholarship to obtain  my Law  degrees. The university   was built under his regime and today, we are proud of being greatest Lasuites.

    ‘’I urge everybody to uphold and sustain the values and principles for which he lived, this is the only way to immortalise this great statesman. The family should take solace in the fact that Baba is alive in the minds of people too numerous to mention” Unachukwu stated.

    Receiving the delegation on behalf of the family, the deceased’s son Hon Deji Jakande, who is a member of the class, expressed gratitude that the class could come together to visit  and condole with him. He urged the group to extend his greetings to other members of the class.

  • Obi, Abaribe,  Orelope-Adefulire for Azinge Foundation Colloquium

    Obi, Abaribe, Orelope-Adefulire for Azinge Foundation Colloquium

    The Epiphany Azinge Foundation has lined up a star-studded cast for this year’s edition of its annual colliquium.

    The event, holding on March 1 via a webinar, is titled ‘Poverty challenges in Nigeria’.

    Panellists at the event include a former Anambra State Governor, Peter Obi; Deputy Majority leader in the Senate, Bala Ibn Na’Allah; the Senator representing Abia-South, Enyinnaya Abaribe and a former Deputy Governor of Lagos State, Adejoke Orelope-Adefulire

    Others are: a former General Secretary of the Nigerian Bar Association (NBA), Mazi Afam Osigwe SAN.  

    Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters, Senator Michael Opeyemi Bamidele.

    Head of Banking & Finance Department at Nasarawa State University Keffi, Prof Uwaleke Uchenna Joseph. Joseph.

    A member of the  National Executive Council (NEC) of Nigeria Labour Congress (NLC), Comrade Issa Arem

    Development economist Prof. Basil Odilim Enwegbara.

    Director of Public Health, Federal Ministry of Health, Dr Salma Anas-Kolo.

    A medical officer with over 40 years of experience in public health, virology and the biotechnology, Prof. Abdulsalam Nasidi.

    Dean of Law at the Faculty of Law, University of Nigeria (UNN) and also, Member, Nigerian Institute of Advanced Legal Studies (NIALS), Prof. Joy Ngozi Ezeilo.

    Principal Partner of KayodeAjulo & Co. Castle of Law and the Founder/Chairman of the Egalitarian Mission, Africa, Abraham Olukayode “Kayode”

    Secretary, Generation for Societal change, Khadijah El-Usman.

     Principal Partner; Chris E Onyemenam, Dr. Chris Onyemenam.