The Nation Newspaper

Category: Law

  • National Assembly lacks power to fix election dates

    Lagos lawyer Femi Falana (SAN) argues that going by the provisions of the constitution, which is superior to the Electoral Act, only the Independent National Electoral Commission (INEC) can fix election dates

    Since the return to democratic rule in 1999, the Independent National Electoral Commission (INEC) has conducted the general elections on a two-tier or three-tier basis. Even though the national assembly had attempted in the past to use the Electoral Act to alter the sequence of elections fixed by the INEC it did not succeed. In spite of the ongoing controversy surrounding the sequence of elections our recent experience as a nation has shown that there is nothing sacrosanct about it. In 1999 and 2007 the presidential election came up last while it came up first in 2015.  In influencing the order of elections in 2015 the ruling party had thought that holding the presidential election first would have bandwagon effect on the outcome of the other elections. But the result was a disaster for the ruling party.

    It has equally been confirmed that when elections into the legislative houses were held before other election in the past majority of sitting legislators lost their seats.  So, there is no indication that President Mohammadu Buhari stands to benefit electorally from the decision of the INEC to retain the 2015 sequence of elections. But notwithstanding the reactions of the presidency and the national assembly to the sequence of elections announced by the INEC it is pertinent to review the relevant provisions of the Constitution, the Electoral Act and judicial authorities on the vexed issue.

    In preparations for the 2019 general elections the INEC recently released a timetable for party primaries and the elections into the various offices in exercise of its powers under Sections 76, 116, 132 and 178 as well as paragraph 15 of Part 1 of the Third Schedule made pursuant to section 153 (1) of the Constitution. Under the arrangement the presidential and national assembly elections will be held on February 16, 2019 while the governorship and house of assembly elections will take place on March 2, 2019.  But in the Electoral Bill 2018 recently passed by the national assembly the sequence of the general elections has been altered. The sequence of proposed by the new amendment is A. National Assembly Election, B. Governorship and State Assembly Elections and C. Presidential Election.

    No doubt, the matter has generated a needless controversy to the extent that little or no attention is paid to the other provisions of the Electoral Bill which have the capacity to promote internal democracy and enhance the credibility of the electoral process. Perhaps not aware of the state of the law the INEC has announced its intention to approach the Supreme Court to test the constitutional validity of the Electoral Bill 2018 if it is eventually signed into law by the President. Since there are indications that the President may withhold his assent in the circumstance, the national assembly has threatened to override his veto.

    Having watched the trend of the debate it is regrettable to note that the parties involved in the dispute have not studied the decision of the Court of Appeal in the case of National Assembly v. President (2003) 9 NWLR (PT 824) 104 at 143-144. In that case, President Obasanjo had refused to assent to the Electoral Bill 2002 which had been passed by both Chambers of the National Assembly and transmitted to him June 24, 2002. Subsequently, by a motion of veto-override the national assembly passed the bill into law. In an originating summons filed at the Federal High Court the INEC challenged the validity of the passage of the Bill into law and the constitutionality of Section 15 of the Act which had provided that general elections shall be held in one day.

    The trial court held that the Bill was properly passed into law but that Section 15 thereof was inconsistent with Sections 76, 116, 132 and 178 of the Constitution. Dissatisfied with the annulment of Section 15 of the Electoral Act, the national assembly filed an appeal at the Court of Appeal. On his own part, the Attorney-General of the Federation filed a cross appeal to challenge the passage of the Bill into law. In its judgment the Court of Appeal held that the manner of passing the bill into was unconstitutional but declined to set it aside on ground of public policy as the 2003 general elections were being conducted under the law. However, the Court of Appeal affirmed the decision of the Federal High Court on the illegality of Section 15 of the Electoral Act.

    In his contribution to the judgment of the Court, Oduyemi J.C.A (as he then was) stated that ”in so far as Section 15 of the Electoral Act, 2002 seeks to fetter that discretion and limit the 3rdDefendant to only one day in the year for all elections to the offices concerned, that provision of the Act is inconsistent with the provisions of the Constitution above referred to and is to that extent a nullity. Section 1(3) of the Constitution… All in all, I agree with the reasoning in the judgment of the lower court and with the conclusion in the judgment that Section 15 of the Electoral Act, 2002 is inconsistent with the specific provisions of the Constitution of the Federal Republic of Nigeria, 1999 in Section 132(1), 76(1), 178(1), 116(1), 78, 118 and Item 15(a) of the 3rd Schedule: that it infringes upon the absolute discretion vested by the Constitution on the 3rdRespondent with regard to the fixing of dates for election into the various offices concerned.”

    However, the national assembly took advantage of the 2010 Alteration of the Constitution to attempt to overrule the judgment of the Court of Appeal in the case of the National Assembly v. The President (supra). Thus, in the first alteration made to the Constitution, the national assembly amended sections 132(1), 76(1), 178(1), 116(1), 118 and 178 of the Constitution by adding the phrase ”in accordance with the Electoral Act”. Although the power of the INEC to ”organize, undertake and supervise” the general elections conferred on it by paragraph 15 of part 1 of the third schedule made pursuant to section 153 of the Constitution was left intact, the national assembly members erroneously believed that they had conferred on themselves the power to fix the dates for general elections in Nigeria. Hence, in the 2018 Electoral Bill, the national assembly is alleged to have tampered with the discretion of the INEC to fix the dates for the 2019 general elections.

    Apart from the illegality of subjecting the provisions of the Constitution to the Electoral Act, the Alteration of the Constitution did not confer on the national assembly the power of fix dates for holding the general election in Nigeria. To that extent, the national assembly cannot use the Electoral Act to usurp the powers exclusively conferred on the INEC to appoint dates for holding the general elections in the country. Indeed, the Supreme Court has had cause, after the first 2010 Alteration of the Constitution, to confirm the discretionary power of the INEC to fix the dates for holding the general elections.

    In PDP V. SYLVA (2012) 13 NWLR (PT 1316) 85 the respondent challenged the decision of the INEC to cancel and reschedule the 2012 governorship election in Bayelsa State. In dismissing the contention the Supreme Court (per Rhodes Vivour JSC) held that ‘’INEC has the sole responsibility to fix dates for election and to my mind if INEC fixes a date for elections and for whatever reason, be it logistic, I do not think anyone has a cause of action against INEC for canceling an election (not held) and rescheduling elections for another day’’.

    Similarly, in NDP V INEC (2013) 20 WRN 1 at 45 the Supreme Court (per Ariwoola J.S.C.) held that ”It is not in doubt that the Independent National Electoral Commission (INEC) that is, the respondent, has the sole responsibility to decide when elections are to hold. See Peoples Democratic Party v Timipre Sylva & Ors (2012) 13 NWLR (Pt 1316) 85 at 122. The respondent also reserves the prerogative to decide what Timetable to of Activities to publish for a General Election.”   Furthermore, in Hon. James Abiodun Faleke v INEC (2016) 50 WRN 1 the Supreme Court reiterated the view that by virtue of paragraph 15 of Part 1 of the Third Schedule made pursuant to section 153 (1) (f) and (i) of the Constitution, the Independent National Electoral Commission has power to organize, undertake and supervise all elections to the offices of the President, Vice President, the Governor and Deputy Governor of a State and the membership of the Senate, the House of Representatives and the House of Assembly of each state of the Federation.

    No doubt, the national assembly would have achieved its objective if it had incorporated the sequence of the general elections in the Constitution. But by providing that the INEC shall fix election dates ”in accordance with the Electoral Act” the interference in the exercise of the discretionary power of INEC’s constitutional power to fix the dates for the elections cannot be justified in law. As far as the Constitution is concerned, the power of the INEC to organize, undertake and supervise the elections which has been interpreted to include the power to fix the dates for the general elections or determine the sequence of the elections has not been altered in any material particular.

    It is the height of legislative absurdity to say that the power donated to the INEC by the Constitution shall be exercised in accordance with the provision of an inferior legislation. InAttorney-General, Abia State v. Attorney-General of the Federation (2002) 1 WRN 1 at 45 Kutigi CJN (as he then was) held that ”where the provision in the Act is within the legislative powers of the National Assembly but the Constitution is found to have already made the same or similar provision, then the new provision will be regarded as invalid for duplication and/or inconsistency and therefore inoperative. The same fate will befall any provision of the Act which seeks to enlarge, curtail or alter any existing provision of the Constitution. The provision or provisions will be treated as unconstitutional and therefore null and void.”

    From the foregoing, it is submitted that the interference in the exercise of the powers of the INEC to appoint dates for holding the general election in Nigeria is illegal as the provision of the Electoral Bill, 2018 is inconsistent with Sections 76,116,132 and 178 of the Constitution. To the extent of such inconsistency, the provision of the Electoral Bill is illegal, null and void as stipulated by section 1 (3) of the Constitution. In other words, since the INEC has been empowered to organize, undertake and supervise all elections the National Assembly cannot rely on the provision of the Electoral Act to usurp the powers of the INEC to fix the dates for the elections. In view of the settled position of the law the INEC should not waste public funds by rushing to the Supreme Court to contest its own constitutional duty to organize, undertake and supervise the 2019 general elections.

  • Security agents as rights abusers

    There have been reports of human rights abuses by security agencies. This has led to Nigeria receiving low ratings in rights enforcement and respect. What steps are security agencies taking to ensure their men stop such abuses? ADEBISI ONANUGA asks  

    A very important feature of every democratic country is the respect for fundamental human rights, particularly by its security agencies. Freedom is another major feature of a democratic state, yet, abuses and rights violation remain a common feature in Nigeria, leading to  the country being poorly rated by international organisations.

    So worrisome was the matter that Vice President Yemi Osinbajo, on August 11, 2017, inaugurated a Presidential Panel under the chairmanship of Justice Biobele Georgewill. The panel was mandated to: “investigate alleged crimes against humanity by the military in tackling local armed conflicts;  review extant rules of engagement applicable to the armed forces of Nigera and the extent of compliance thereto; investigate alleged acts of violation of international humanitarian and human rights laws; and investigate matters of conduct and discipline in the armed forces in local conflicts and insurgencies and recommend means of preventing violations of international humanitarian and human rights law in conflict situations” among others.

    In spite of the work done by the panel, and recommendations for redress, particularly to avert future re-occurrence, abuses and rights violation, torture, unlawful detention and other ill-treatment by security agencies have continued.

    Human rights organisation Amnesty International (AI), in its 2017/2018 report released February 22, rated the country low on issues of abuse and rights violation.

    AI accused Nigerian security forces of carrying out widespread abuses such as extra-judicial killings, arbitrary arrests, mass detention in sub-human facilities, attacks on the media and journalists, violent crackdown on peaceful protesters, and forced evictions, among others.

    Abuses and rights violation

    Last Tuesday, in Mushin area of Lagos, the lens of a dutiful cameraman captured a soldier wearing military camouflage, using a horse whip on a civilian. No doubt, the soldier must have beaten his victim to stupor.

    One of the pictures showed the soldier, standing over his victim with the horse whip and a gun. While the victim was on his knees, with fears on his face,he looked up at the soldier tormenting him, without knowing what to expect next.

    The second picture showed the victim, with his ears pulled and doing ‘frog jump’, no doubt serving a form of punishment as ordered by the soldier, who stood guard over his victim and still holding to his horsewhip and gun.

    Of course, in that situation, no civilian dare approach the soldier to enquire why the man should be subjected to such abuse.

    The above description is a reminiscence of abuses and rights violation of civilians in the hands of officers of the security agencies daily, contrary to constitutional provisions which guarantee their rights from abuse and to freedom. Although a lot of efforts is being put into changing the image of the Nigerian Army, the incident above marks a reminder that some officers of the Nigerian Army still engage in abuse and disrespect the laws of the land with impunity.

    Lawyers abused by police

    On February 21, 2018 at about 12 noon, a lawyer, Thompson Oladotun, was assaulted by officers of the Nigeria Police Force for refusing to vacate his seat in a public bus for one of them who insisted on seating he was occupying.

    According to him, he was going to Lekki when the incident happened. He entered a commercial bus (danfo) which plies the Lekki/Obalende route.

    Because he was feeling  dizzy becauce of fever attack, he decided to take a seat by the window side to have access to fresh air at the very back seat.

    He stated: “About 15 minutes later, a young man in his late twenties or early 30s dressed in green mobile police uniform, who goes by the name MUHAMMAD MA approached me, and ordered me to vacate my seat for him which  I refused. I politely told him that he could  take a seat in the next row, as there were  seats that would conveniently take three other people.

    “He responded by asking me why I challenged him and insisted that he wanted where I was seated. Before I could say anything further, he slapped me. It was at this point an altercation started.

    “He got down from the bus and I got down too, and I  asked him what gave him the right to slap me over a seat. The other passengers started reprimanding him, and told him to take another seat. I demanded an apology from him. A man dressed in a millitary camouflage appeared from nowhere, who I believewas one of his cronies; came and instead of reprimanding this officer for his conduct, joined him in raining verbal assaults on me.

    “Instead of the policeman to be reasonable, he went ahead to slap me continually. He did that  over 10 times until I fell on the floor. He kicked me severally that  I became  confused and frustrated. As he entered the bus,it started moving leaving me behind. I remembered I still had my laptop at  the back seat.

    “I managed to catch up with the bus to retrieve my laptop and bag. He told the bus not to stop but I managed to fetch my bag from the back seat. It was at this point that I was trying to sit that he pushed me off the bus, and I fell of the road again, this time the bus crushed my left lower leg and broke it. The police and the bus driver left me to my fate and took off.

    “I was taken home by sympathetic motorcyclists and ‘agbero’, who witnessed this police brutality… I was thereafter taken to National Orthopaedic Hospital in Igbobi for treatment.”

    From the information gathered later by Oladotun, the police man is said to be a staff of the Nigeria Police Force at Obalende Zone 2 headquarters in Lagos.  Oladotun is therefore demanding for justice for the violation of his right by men of the Nigeria Police.

    Another lawyer, Adeyemi Abijo, narrated his ordeal in the hands of the police. The incident happened at about 10.40 a.m. on January 30, 2018 at Bolade, Oshodi, Lagos. Abijo said he was in a vehicle in company of his colleague in  the Chambers, including Babatunde Lana, who was driving the car and heading to Area D, Police Command in Mushin for a client’s matter.

    On getting to Oshodi, after Bolade Bus stop, they noticed a man dropping his waste on the road openly from his car and driving on.

    He said they were surprised that despite series of campaign against such habit, someone could still engage in such practice.Therefore, he asked his colleague to move close to the car to tell the man that what he did was wrong and that he should have left the waste in his vehicle instead of throwing it out of the car.They cautioned the man and he  immediately apologised and it was obvious he was embarrassed at his own action.

    Just as they moved on, the man look towards their car and waved back and he thought that he was sorry once again for his action. But unknown to him, that marked the beginning of his ordeal.

    “Immediately, I noticed that a Toyota Hilux vehicle belonging to the Task Force approached the man’s vehicle from the passenger side and beckoned unto him. Thereafter, Toyota Hilux driver swiftly drove ahead of him and blocked his vehicle from moving ahead. This attracted our attention and as I told  my colleague to park very well so I could let them know that I was the one conversing with the man and the reason for this, only for me to find that the head of the Task force men in the Toyota Hilux named Aliyu Bala was already attacking the man with a big thick  whilst the man was still behind the steering.

    “I walked towards them but before I got close enough, Aliyu Bala, a Superintendent of Police, I later learnt he is, had moved to the driver’s side of the vehicle and thrown a heavy punch at the jaw of the driver. The driver also pushed him back in annoyance asking what he did wrong for him to have been beaten with the rod at first and also being  punched on the face whilst holding on to his mouth obviously, having being injured.

    “The said SUPOL Aliyu did not stop at that. He continued to hit the man with the rod whilst the other man pushed him in return and dragged the big rod from him too. I intervened by asking Supol Aliyu not to hit the man any longer because he was in uniform and I also was telling the other man to stop pushing and be calm about it alI. I let him know immediately that I came off my car to protect him against being cheated so, he should just hold on for me to talk to Supol Aliyu, only to hear Supol Aliyu calling for reinforcement through one of the LASTMA officials who came around but did not seem to heed the request.

    “Suddenly, some men appeared at the scene descending heavily on the said driver. Thereafter, when I sought the audience with SUPOL Aliyu, he refused  to listen to me, what I got in return was a very heavy slap on my face and cheek.

    “Whilst still trying to get myself together, the big black rod used by the Supol on the other man landed on my right leg severally, with continued beatings all over my body. I was thereafter pushed alongside the other man to the chagrin of my colleagues who  asked them to leave me alone.One of the men at the scene who is believed to be a police man pointed a pistol at the man for whom I intervened.

    “The matter did not end there as I was pushed  alongside the man earlier beaten up, into a faragon commuter bus. I was handcuffed with the other man and driven to the Task Force office at Bolade-Oshodi. As we were being driven to their office, they were hitting us continuously in the bus to the extent that my eye glasses fell off and got lost. We were later taken out of the bus and asked to sit on the floor with some others, in the glare of the public like criminals.”

    Abijo said he noticed  that not less than 40 people who were already stripped of their dresses were there.  He said the other man was taken away by one police  inspector who continued the beating until a superior officer came and asked that we be brought to his office.

    “At this point, the handcuffs had been taken off upon my demand after I had introduced myself as a legal practitioner and that nothing should have warranted being handcuffed. At this point, the officers became very courteous in handling the issues and told me to let them deal with the issue of both policemen in-house and but pleaded with me to forgive.”

    Chiamaka Nwangwu

    Going to the police station was the beginning of trouble for an Ontisha female lawyer, Chiamaka Nwangwu.

    On January 23, 2018, Nwangwu had responded to a distress call from her colleague in Abuja to go to 3-3 Police Division, Nkwelle Ezunaka, Anambra State over the detention of her younger brother who was dragged there by his landlord. In the course of attempting to get the detainee released on bail, Nwangwu said she ended up being beaten, tortured, thrown into a cell and detained.

    On getting to the station around 10am, she met the young man making a statement at the IPO’s office. She approached him and asked what happened and he narrated everything that transpired to her. The boy told her that his landlord had made a statement against him on the night of January 21. She was also informed by his parents that the said landlord had been with the Divisional Crime Officer (DCO)1 since 6am on that fateful day. Nwangwu went into the office of the DCO1 and saw a man who she did not know was the landlord.

    She claimed to have politely briefed the DCO1 of her mission and who in turn told her that they were investigating the matter. The DCO1 also told her that if she was not satisfied with their investigations, she could transfer the matter to State CID or Area Command.

    The lawyer called the DCO2, met him outside and asked if the DPO came to work that day. ‘’She told me that the DPO was not in the office that morning but may come to work later. She called her mother on phone and told her about the matter she went for. When she went back,  she saw the young man she came to bail behind the counter and signaled to him and was told that the IPO and DCO1 directed him to stay there.

    She said the young man was complaining that most parts of his body where he was beaten by his landlord were seriously bringing out pus and disturbing him.

    Unknown to her, while still busy with her client, a woman in native clothes, who she later learned is Jane Mbanefo, the DPO, was watching her and became very aggressive and ordered her to leave the administrative office. Despite the fact that she was meeting the DPO  for the first time, she claimed she shouted at her, asking what her interest was in the matter.

    She said she was not only shocked and embarrassed but equally angry at how the DPO, Jane Mbanefo, was screaming and throwing tantrums at her.

    Even as she made to leave the office, she said the DPO continued yelling, and insulting lawyers generally, boasting that she is equally a lawyer of 20 years post-call.

    She said: “Before I knew what was happening, as I was walking out, Jane Mbanefo, the DPO of 3-3 Police Division, slapped me and in the process, one of the handles of my recommended glasses fell off. Taking a cue from what their DPO was doing battering me, other junior police officers joined hands and beat me up mercilessly.

    “My black gown was torn, I was stripped naked. What was uppermost in my mind then was to get their assault of me recorded. I managed to get my phone out of my handbag to record and video the scene, but one of the policewomen, took my Gionee A1 Phone, smashed it and proceeded to seize the damaged phone.”

    Nwangwu is presently demanding for justice for the abuse and violation of her rights by the 3-3 DPO, Mrs Mbanefo.

    10- year- old boy seeks justice

    Also not too long ago, a 10-year-old boy, Jonathan Adewuyi,demanded for justice over the death of his father allegedly killed by the police. The young Adewuyi accused policemen attached to the Ayinla Police Division in Agbado, Ogun State of torturing his father to death. He said the incident occurred at their number 4, Itoki Road, Itoki residence, where he boy lived with his father, Sina Adewuyi, 45, a bricklayer.

    According to the boy, his father died from injuries he sustained after he was brutalised by some policemen who came to extort his master, Dona Okey.

    Reliving the ordeal, the boy said after the policemen beat up his father for asking why they were in his compound, they bundled him into their bus, took him away only to return   at about 10pm.

    He said: “I am an apprentice working with the man (Okey) learning to sell spare parts. His shop is in the same compound where we live. My master told them he had no money then because he used to give them money before.

    “When my father came out from the house, he saw policemen and wanted to know what happened.But they shouted at him and told him to leave the vicinity. He told them he lived in the compound, but they refused to listen and started beating him for having the guts to talk back at them.

    “He tried to run away from them, but they chased him, caught up with him, hit him with a gun butt and asked him to enter their bus, which he refused. They bundled him into the bus and took him away.

    “He did not return till about 10pm that day and when he came back, he was in pains with marks of brutality on his body. He was complaining of headache and chest pain and so, we gave him painkillers but he vomited them.

    “My mother said we will take him to the hospital in the morning since it was already late, but around 5am on Sunday, he died.”

    Abused by men of Nigerian Immigration Service (NIS)

    Abuse of innocent civilians is not limited to police and the military. A businessman, Chidi Nzelu, accused officers of the Nigeria Immigration Service (NIS), Oron border, in Cross River State, of torturing and extorting money from him.

    Nzelu, an indigene of Ojoto, in Anambra State, alleged that he was stripped, beaten up and made to call his relatives to send N100,000 or be killed.

    He alleged that he was tortured on February 20 and accused of defrauding Deyong Bruno, who he claimed to have assisted on February 12 while returning to Nigeria from Cameroon.

    Nzelu said he innocently assisted Bruno, who claimed to be a Cameroonian and was in Nigeria for the first time, not knowing the man was a mole in a gang of fraudulent NIS officers, who specialise  in extorting money from people.

    The victim who sells pharmaceutical products and usually travel to neighbouring countries,  said  he was tortured and made to admit that he collected CFA420,000 from Bruno. He said they used tear-gas on him and threatened that  if he did not  comply with their demand, he would be killed and his body thrown into the river. He said he begged the NIS officers and asked that they hand  him over to the police, whose office was next to theirs in Oron, but they refused.

    “They asked how much I had and I told them it was only N31,000. They kept on beating me. I bled, but they did not stop. They asked me how much was in my account, I told them there was no money in it. When the torture became unbearable, I agreed to give them N100,000.

    “They gave me my phone, which they had earlier seized and said I should call my family to pay the money into my account. I called my wife and told her it was an emergency and that she should look for the money and send it. I told her I was in danger.

    “She called friends and relatives and finally raised the money, which she sent to my account. Immediately I received alert, the Immigration officers took my ATM card and went to the bank. They withdrew the money, returned to their office and forced me to sign a document that Bruno gave me N100,000, not CFA420,000 and that I had repaid the money.

    “After signing, they asked me to go. I could not walk or sit down. I am taking this opportunity to appeal to human rights defenders and others to intervene in this matter. I want justice.”

    Freedom of Expression

    A number of journalists, under different guises, have also been harassed, intimidated and arrested by security in the course of performing their duties despite the provisions of the Constitution that guarantees freedom of expression as a matter of right.

    The State Security Services (SSS) last week arrested the Abuja Bureau Chief of the Independent Newspaper, Mr Tony Ezimakor.He was arrested  by the SSS  for publishing a story on the alleged payment of $2 million to the Boko Haram terrorists for the release of some of the abducted Chibok girls.

    He noted that the SSS which felt embarrassed by the publication, has continued to hold Mr. Ezimakor incommunicado and has asked him to disclose his source of information as a condition for his release from the illegal custody of the State Security Service.

    Ezimakor to date is still being held by the SSS contrary to the provisions of Section 35(2) of the Constitution which stipulates that “any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice”.

    On January 19, last year, police raided the offices of Premium Times and arrested its publisher Dapo Olorunyomi and correspondent Evelyn Okakwu and detained for several hours, after the Chief of Army Staff accused the newspaper of offensive publications.

    Kaduna State police, on April 19 last year, arrested and detained Midat Joseph, a journalist with Leadership Newspaper, for a WhatsApp comment. He was taken to court the next day on charges of criminal conspiracy, inciting disturbance and injurious falsehood. On July 31, the court dismissed the case on grounds of lack of diligent prosecution.

    Also last year, on September 19, the Katsina State police arrested three bloggers, Jamil Mabai, Bashir Dauda and Umar Faruq, for criticising the governor. Bashir Dauda and Umar Faruq were released after one week and Jamil Mabai was detained for 22 days.

    Audu Maikori, who was arrested for publishing false information online on October 27, was awarded 40 million naira (USD112,700) in compensation for unlawful arrest and detention.

    Way out of abuse

    Analysts have  attributed the abuses of the civilians by men of the security agencies to faulty recruitment processes, poor training, mental imbalance, corruption and fallout of long years of military rule. They suggested strict adherence to rules of engagement and continuous training and re-training of men of the different security agencies to reverse the trend.

    Founder and Executive Director, Crimes Victim Foundation of Nigeria (CRIVIFON) Mrs Gloria Egbuji, shared in this thought. Her foundation has been engaging the Police on how to relate with the civilian population since. Through CRIVIFON, she has held training programmes for the police on such topics as human rights, rule of law, community safety and democratic policing, among others.

    She said it is possible for the Police to attain positive image. “It is a gradual process. The public may not see much of it but it is now being talked about and gradually police are now afraid of collecting money for bail and long unreasonable detentions”, she said.

    The CRIVIFON Executive Director stated further: “The future of police in Nigeria, like all other things, will have a change in narratives because crime is dynamic, change is constant and the world is moving forward.  NPF will not be left alone.

    “Police at the moment are grossly underfunded and ill equipped operation wise, poor remuneration lack of training lack of forensic science etc. As the police managers continue to strive for better funding, the future will be bright for NPF”, she contended adding,“So long as democratic process continues to improve, Police will improve  because police drives democracy to ensure rule of law is maintained”.

    Nigerian Navy spokesperson, Commodore Ayo Olugbode said Naval authorities do not condone any act of human right abuse and does not in any way support it.

    Olugbode said each time there has been any report of abuse, Nigerian Navy have always dealt with it and expedite disciplinary action.  He described as unfortunate and unfounded that this allegation abuses from human rights organisations and AI has been juxtaposed under the current insurgency operation of Nigeria where we have made tremendous efforts to make the country secured for everybody.

    “If for any reason, individuals have run foul of the law and unfortunately in unconventional way, we have responded to make sure that their actions are curtailed in such a way that it would not affect the people’s livelihood and socio-economic activities and that is being used as a criterion to determine human rights abuse, I think that is very unfounded.

    “If at any time there is any report or anyone has allegation against any naval personnel, the Nigerian Navy authority will expedite disciplinary action and sanction such individual”, he stated.

    Olugbode said naval officers are well trained on how to deal with the civilian population. According to him, “we do have civil military access and and civil military situation; the first is the American nomenclature while the other is the European nomenclature. They all guide our people on their conduct and subjugation to civil authority.

    “We also have clear guidelines under the Geneva Convention. So, we are totally guided but that is not to say we don’t have those who go contrary to this. But as many times as we find such individuals, we take the necessary measures”.

    Nigerian Army spokesman. Brigadier General Texas Chukwu did not pick any of the several calls made to his GSM line nor responded to a text message sent to him on the issue.

    Although, Police spokesperson, Jimoh Moshood, an Assistant Commissioner of Police (ACP), asked our correspondent to call him as from 4.00 p.m. on Sunday, he also did not pick his phone when called non reponded to text message.

  • Court decongestion: Bulkachuwa relocates to Kaduna division

    The President of the Court of Appeal (PCA), Justice Zainab Bulkachuwa, has relocated to the Kaduna division of the court in continuation of her efforts to decongest the court and clear backlog of cases.

    Justice Bulkachuwaas is, along with three other Justices, expected to hear 656 appeals and motions during 21 days (between March 12 and 30 this year) while at the Kaduna division.

    The division is comprised of Jigawa, Kano and Katsina states, where the PCA is expected to hold special sitting in each state with Justices from the division – Justices Uwanl Abba Aji, I. S Bdilya, 0.0 Daniel Kalio, A. 0. Adefope-Okojie and A. A. Wambai.

    The relocation, in was learnt, is in continuation of an initiative Justice Bulkachuwa introduced last year where Justices in less busy divisions were made to sit outside their divisions to ensure that cases are not unduly delayed in the more busy divisions.

    Last year, th PCA led some Justices to  hold  similar special sitting in Kogi State, where many cases and motions were attended. Other busy divisions also benefited.

    In a statement, ,   Court of Appeal’s spokesperson, Sa’adatu Musa Kachalla quoted the Deputy Chief Registrar of the Kaduna division Mrs. Amine ibrahim as giving further details about the exercise.

    She said: “According to the Deputy Chief Registrar, the special titting will kick off in Dutse the Jigawa State capital on March 12,and   March 16, 2018 , during which182 pending appeals and motions would be attended to.

    “The sitting will move to Kano and will last between March 19 and 23, during which 285 appeals and motions are expected to be heard.

    “The train will then move to Katsina State and sit between March 26 and 30, during which189 appeals and motions would be heard.”

  • ‘Lagos DNA centre resolves 50 cases’

    Lagos State DNA and Forensic Centre (LSD&FC) has resolved 50 cases out of 350 applications received from within and outside the country since take-off in September last year, Attorney General and Commissioner for Justice Mr. Adeniji Kazeem has said.

    Kazeem made this known during the opening ceremony of the Fifth Crime Scene Management Training held at the centre’s office in Lagos.

    Kazeem said Crime Scene Management requires effective recognition and identification of physical and biological evidence, collection and preservation of evidence, documentation, scientific analysis of the evidence and presentation of impartial facts in the court.

    He said it was to facilitate and achieve these crucial goals, that Governor Akinwunmi Ambode commissioned the DNA Centre.

    He said the governor also recently pproved the inclusion of a toxicology unit as additional forensic section to the DNA center.

    “The  training is, therefore, very important and apt as the Nigerian Police will be better equipped and know how to manage scenes of crime and ensure same is preserved for adequate collection and preservation of physical evidence, maintenance of chain- of – custody, processing and use in the court to resolve cases unequivocally.

    “The training will also expose the Police to the current methods and the international best practices used in crime scene processing and documentation, thereby leading to quicker dispensation of Justice.

    “Today, the  evolving partnership between the German Development Cooperation (GIZ), Nigerian Police Forensic Team and LSD&FC is significant and a welcome development and a sign of progress in advancing the Administration of criminal Justice in Lagos State and the Federation,” he said.

    The Inspector-General of Police (IGP), represented by Deputy Inspector General of Police (DIG) Mr. Emmanuel Inyang in charge of Training and Development thanked the state for its support.

    At the event were Programme Manager GIZ, Mr. Hatmut Zander, Director of the Lagos DNA Forensic Center Mrs. Shirley Johnson,  Director of Public Prosecution (DPP), Mrs. Titilayo Shitta-Bey, among others.

    The programme will last for two weeks.

  • NJC extends Kafarati’s appointment as Acting CJ

    President Muhammadu Buhari and Minister of Justice and Attorney General of the Federation (AGF), Abubakar Malami have been urged to urgently facilitate the confirmation of Justice Adamu Kafarati as the substantive Chief Judge of the Federal High Court.

    The request formed part of issues raised in separate letters written to Buhari and Malami by a rights advocacy group – the International Human Rights and Anti-Corruption Society (IHRACS) – dated March 7, 2018.

    The group, in the letters endorsed by its Director-General and Secretary, Trusteeship and NEC Counsel – Dr. U. O. U. Udofia and Dr. (Mrs.) I. M. Machael – identified the various drawbacks associated with the delay on President Buhari’s part to confirm Justice Kafarati’s nomination by the National Judicial Council (NJC).

    IHRACS noted that not only could the delay negative impact on the integrity and dignity of the court, President Buhar’s procrastination in confirming Kafarati was capable of affecting the effective functioning of the court, with a negative impact on the administration’s anti-corruption war.

    The NJC has reappointed Justice Kafarati as the Acting Judge of the Federal High Court after the expiration of the three month of his earlier appointment.

    The NJC, while announcing the reappointment last week, expressed the hope that the President will take steps to confirm its nomination for the position before the expiration of Justice Kafarati’s reappointment as Acting Chief Judge.

    In its letter to the President, the group, while commending Buhari for his efforts to rid the country of impunity and abuse of public trust, urged him to enhance the Judiciary’s capacity to function effectively by ensuring that important appointments were not delayed.

    IHRACS argued that President Buhari’s unexplained reluctance to confirm Justice Kafarati’ appointment is not only sending the wrong signal to the international community about the weakness of state institutions, it also depicts the President as an individual with respect for an independent Judiciary.

    In the letter to Malami, the group noted that the unpleasant delay by the President in confirming Justice Kafarati has created the impression out there that  the AGF was not committed to the effective functioning of the Federal High Court and by extension, the Judiciary.

    The group urged Malami to urgently liaise with the Presidency and advise President Buhari on the negative implication of not providing the Federal High Court with a substantive Chief Judge over three months after the retirement of its Chief Judge.

    IHRACS said: “The Nigerian Judiciary cannot thrive under the change mantra of this administration if the Presidency fails to discharge its constitutional and legal responsibilities in truth, fairness and justice.

    *Any further silence on this appeal by our members basically, calls in to question the President’s integrity and commitment to an independent Judiciary.”

  • Bauchi signs pact with Morocco

    Bauchi State  government has signed a Memorandum of Understanding (MoU) with  the King Mohammed VI University Teaching Hospital Morocco on health issues.

    A statement by the Special Adviser to Governor Mohammed Abubakar on Communications, Mr. Shamsuddeen Abubakar, said the governor and a team from the state Ministry of Agriculture were in the Kingdom of Morocco to attend the programme of Office Chérifien des Phosphates (OCP-Africa)  in Casablanca in fulfillment of the bilateral agreement between Bauchi and the Kingdom of Morocco.

    ”As part of his working visit to the Kingdom, Governor Abubakar  paid a visit to the prestigious King Mohammed VI University Teaching Hospital  where a Memorandum of Understanding aimed at achieving the set goal was signed.

    “The successful signing of the MoU will immensely help the state Ministry of Health cope with modern trends and challenges for the benefit of the good people of the state.

    “The hospital has the medical, financial and technical expertise to assist the Bauchi State government in organising and setting up the required infrastructure towards actualising its desires in the health sector.

    “Part of the objectives of the MoU is to facilitate a situation where the Bauchi State government and the King Mohammed VI University Teaching Hospital would work to establish an efficient and credible healthcare delivery system in line with modern trends in the healthcare sector and to sustain the same through effective training of the required medical personnel of the state.”

    Based on the MoU, a cardiac centre would be established in Bauchi, while the hospital would assist in the establishment of a centre for Cardio-Pulmonary Resuscitation (CPR) and Emergency Medical Training in the state.

    The hospital would also establish an Ear, Nose and Throat Centre (ENT), assist in the development and organisation of Intensive Care Unit (ICU), establish a Neuro-Surgical Unit,  a Cancer Management Centre, train and re-train personnel, among others.

    The Memorandum of Understanding shall be governed by the laws of Nigeria, the statement said.

    As part of his official visit to the Kingdom of Morocco at the instance of Office Chérifien des Phosphates (OCP) Africa, Governor Abubakar and his entourage also visited King Mohammed VI Polytecnic University, Ben Guerir where he sought and got consent for the building of a new fertiliser plant in Bauchi State.

    The statement said Governor Abubakar and a team from the state Ministry of Agriculture were in the Kingdom of Morocco to attend the programme of Office Chérifien des Phosphates (OCP-Africa)  in Casablanca in fulfillment the bilateral agreement.

    “ The Moroccan Company, Office Chérifien des Phosphates, OCP-Group are the largest exporters of Phosphate in all its forms worldwide and the world’s first exporters of Phosphate based products. Phosphate is used in making high quality fertilizer.The governor, in company of  Nigerian Ambassador to the Kingdom of Morocco, Amb Abubakar Baba, paid a visit to one of OCP’s Chemical Complexes, Jorf Lasfar Chemical Complex, which is the largest in the world.

    “The Executive Director, Industry Operations took the governor and his entourage round the 504.00 HA complex. The Jorf Lasfar Industrial Complex have the capacity to supply Phosphate to the whole world as they comfortably produce 13 million tonnes daily and 6 million kilo-tonnes per annum.

    A strategy meeting was held between the Bauchi State Government delegation headed by  Governor Abubakar and the Management of the OCP Group headed by the Chief Executive Officer of the group, Mr. Karim Lotfi Senhadji.

    Agreements were concluded whereby the OCP Group agreed to: “Collaborate with the Bauchi State Government in numerous areas of modern agricultural development. As  a result of  the governors ’s  commitment to the development of agriculture in the state and his outstanding achievements in the sector particularly the resuscitation of the Bauchi Fertiliser company

    “The OCP Group has resolved to complement the efforts of  the governor by building a brand new world-class standard fertiliser company in the state. The new company will be large enough to cater for the needs of the entire northern region.The group also promised to upgrade the existing Bauchi Fertiliser Company.”

    The governor also visited the Khouribga mining site in Khouribga Province of the Béni Mellal-Khénifra region of Morocco.

    Khouribga owes its growth to its large deposits of phosphate. It is the largest phosphate mining deposit in the world. The phosphate is being transferred to the chemical complex for making fertilizers.

    Meanwhile, Governor Abubakar has secured   Scholarship opportunities for Bauchiindigenes at King Mohammed VI Polytechnic University, Ben Guerir, Kingdom of Morocco

    As part of his official visit to the Kingdom of Morocco, Governor Abubakar and his entourage also visited King Mohammed VI Polytecnic University, Ben Guerir, where he secured capacity building and scholarship opportunities for Bauchi indigenes.

    A statement the spokesman said: “The governor used the opportunity to solicit for admission and scholarship opportunities for indigenes of Bauchi State and capacity building courses for civil servants. The university graciously granted his request

    “The Bauchi State Government and the university management agreed on the following: Offer of full scholarship to indegenes of Bauchi State for undergraduate studies, full scholarship for staff of the State Ministry of Agriculture at Masters level, collaboration between the university and the Bauchi State College of Agriculture and also the Bauchi State University’s newly established Faculty of Agriculture in areas of research,  technology transfer and staff training. The university is owned by the OCP-Group.”

  • Lawyers to honour activist Pa Gomez at 90

    The Lagos Branch of the Nigerian Bar Association (NBA) is rolling out the red carpet to celebrate one of its foremost elders and veteran Bar activist, Pa Tunji Gomez who turns 90 years on March 18.

    Popularly known as “A matter of conscience,” the decision to honour Pa Gomez, a Life Bencher, was initiated by the Chukwuka Ikwuazom-led Branch Executive Committee.

    It was ratified during the branch’s last monthly meeting of the branch via a unanimous resolution of the members.

    A statement by chairman and secretary of the Pa Tunji Gomez at 90 Planning Committee Mr  Chukwuma Ezeala and Mr. Alfred Akinjo said the birthday celebrations will kick off on March 16 with a novelty match at 3 pm at King’s College Pitch, TBS, Lagos between the branch and the college team. Pa Gomez is an alumna of King’s College.

    The game will be followed by a Thanksgiving Church Service on March 18 at the Cathedral Church of Christ, Marina, Lagos.

    There will be a birthday lecture/dinner to be held the same day at the MUSON Centre, Lagos.

    The lecture is entitled: The SAN Rank: To be or not to be? It will be delivered by leading human rights activist, Mr. Femi Falana (SAN).

    A Life Bencher and former Chairman of the Body of Benchers, Chief Simeon Olakunri (SAN) will chair the occasion.

    Pa Gomez was admitted to the English Bar in 1961, about 57 years ago. The activist-lawyer, who is reputed for his courage and candour, still attends the meetings of his beloved “Premier Branch” regularly even at 90.

    He was the arrowhead and convener of the popular Movement for the Abolition of the Rank of SAN (MARSAN), contending that the process for the award of the title of Senior Advocate of Nigeria was riddled with flaws and that the rank had outlived its usefulness.

    Pa Gomez was born in 1928 and enrolled into King’s College, Lagos in 1944. His activism manifested early in his eventful life, as he is reputed to have led the 1948 strike at the College which significantly turned around the fortunes of the students.

    Pa Gomez was part of the legal team that defended late Chief Obafemi Awolowo during his celebrated treason trial in 1962. He is also reputed as the first lawyer to sue the Military Government in Nigeria in the celebrated case of Madam Shapara vs. Lagos State Government.

    An avid yoga practitioner, Pa Gomez is a longstanding advocate for the welfare especially of young lawyers. He is the author of the book: Guide to Happy Marriage.

  • Oil and gas lawyers for Lagos conference

    Over 50 leading oil and gas experts will gather in Lagos on March 20 and 21 to brainstorm on the challenges and opportunities in the volatile sector. The event is the Second Lawyers in Oil & Gas Conference. It will hold at Eko Hotel & Suites on Victoria Island.

    The conference, which will also herald the inaugural “Lawyers in Oil & Gas Awards,” is coming on the heels of threats posed by a shift by several countries towards the green economy, with serious consequences for governments and operators in the sector.

    The award categories include Oil and Gas Company of the year, Indigenous Oil and Gas Company of the Year, Oil and Gas Law Firm of the Year, Legal Personality of the Year, Most Outstanding Young Lawyer, and In-house Counsel of the Year.

    Managing Director of Bromshy Communications, Ms. Raqeebah Oloko,  said: “Lawyers have critical roles to play in the emerging gas economy. We have carefully selected a stellar faculty comprising about 50 experienced industry experts, regulators, and practitioners. We believe that this conference will provide immense value to participants and forge a roadmap for the legal architecture required to drive the gas-to-power legal trajectory.”

    The conference will address key legal and institutional challenges in the oil and gas sector including issues on regulation, production, generation, transmission and distribution of energy, finance, arbitration, taxation, ICT as well as environmental and safety issues.

    Renowned industry expert, Prof. Konyinsola Ajayi (SAN) will chair the session on: Appraising the regulatory framework in Nigeria’s energy sector.

    Edo State Attorney General and Commissioner for Justice, Prof. Yinka Omorogbe will be the Lead Speaker.

    Vice chairman of the Senate Committee on PetroleumResources (Upstream) Mark Gbillah, Managing Director of NIPEX  Mr. Kanayo Ode, and Senior Attorney at ExxonMobil  Mr. George Akpan will discuss the paper.

    Prof. Gbolahan Elias will also deliver a paper on: Untangling the challenges of generation and transmission for sustainable power – the dilemma of a new horse.

    The panel will be chaired is Managing Partner at Banwo & Ighodalo Mr. Ken Etim.

  • Lalong hails Fed Govt on anti-corruption war

    Plateau State Governor Simon Lalong has praised the Federal Government on the anti-corruption war.

    He said successes recorded so far must be sustained.

    Lalong, who spoke while welcoming President Muhammadu Buhari on a working visit to the state, said more still needed to be done.

    “As a state, we have since keyed into this patriotic endeavour by lodging complaints with the relevant agencies, such as the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt  Practices and other related offences Commission (ICPC) against several cases of corruption by some past government officials,” he said.

    Lalong, a lawyer, said in an effort to end the growing security challenges his administration met, the Plateau Peace Building Agency was launched.

    “It is the first of its kind to be adopted by any state government in Nigeria. The function of the Peace Building Agency is to foster Peace through mutual cooperation and understanding with a view to ensuring amicable resolution of conflicts as well as the harmonious co-existence of all citizens, regardless of ethnic, religious and political backgrounds.

    “The Plateau Peace Building agency has developed a Five-Year Strategic Plan, through a carefully facilitated benchmarking

    “Plateau State has had its fair share experience of violent conflict, which also took a massive toll on the socio-economic development of the state.

    “The impact of this horrific experience in terms of both human and material loss has been quite devastating and profound. More than seven thousand lives were lost, with homes, livelihoods and communities destroyed in a period spanning over a decade,” Lalong said.

    According to the governor, the pattern of state and Federal responses to conflicts in the past were at best reactionary, often revolving between the setting up of commissions of inquiry and wide range of ad-hoc security arrangements meant to restore law and order.

    “While this approach may have yielded some short-term results during the conflict, it has failed to arrest the vicious cycle of violence that had become the persistent plight of our people for over 15 years,” he said.

    He said the Plateau Peace Building Agency’s Five-Year Strategic Plan came about through a carefully facilitated benchmarking exercise that harnessed the contributions of stakeholders.

    “Through the implementation of this strategic framework we hope to maintain a steady progress in our journey from fragile to stable peace.

    “Consequently, we are compelled to humbly request for intervention from, and collaborative partnerships with, the Federal Government that will assist the state through the Peace Building Agency to fully implement the conflict transformation and peace building activities.

    “To complement and support the efforts of security agencies, government has procured 53 security vehicles equipped with communication gadgets for distribution to all the 17 local government areas,” he said.

    Addressing the President, Lalong added: “One of the major highlights of your official visit to Plateau, therefore, is to unveil this strategic document in view of its potential for peace and security in our state and across Nigeria.”

  • Dana plane crash: Justice in sight for litigants

    One of the 25 cases filed by victims of the 2012 Dana air crash will soon be decided. A date for judgment is expected to be fixed on April 11 when parties will adopt their final addresses. JOSEPH JIBUEZE reviews the case.

    The Federal High Court in Lagos has fixed April 11 for adoption of written addresses in a suit by Mr Femi Anibaba against Dana Airlines Limited and Stacey Sellers.

    Justice Mohammed Idris adjourned after the plaintiff’s counsel Dr Babatunde Ajibade (SAN) cross-examined the defendant’s last witness, Prof Elias Wahab, a sociologist.

    The plaintiff sued as the administrator of the estate of Mrs. Oluwatosin Ibironke Anibaba, for and on behalf of her dependants.

    Mrs Anibaba died when a Dana Airline McDonnell Douglas 83 aircraft with registration number 5N-RAM and operated as Flight No. 9J–992 crashed at the Iju-Ishaga area of Lagos State on June 3, 2012.

    Sellers was sued as the personal representative of the estate of Mr. Peter Simon Waxtan, a United States citizen who flew the ill-fated plane.

    The aircraft crashed at about 3:35pm on its approach into Lagos killing all 153 persons on board.

    The plaintiff said Dana Air was liable for damages as a result of Mrs Anibaba’s death in the air crash of up to $100,000.00 without any right to limit its liability.

    According to the plaintiff, the defendant is bound by Articles 17 and 21 of the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28th May 1999 as adopted under Section 48(2) of the Nigerian Civil Aviation Act No. 6 of 2006 (“NCAA 2006”).

    “The first defendant…is also liable for damages sustained and/or loss caused due to the death of the deceased resulting from the air crash over and above the sum of $100,000.00 except it is able to prove that the damage or loss was not due to the negligence or other wrongful act or omission of the first defendant or any of its servants or agents or that such damage was due to the negligence or other wrongful act or omission of a third party,” the plaintiff said.

    Mr Anibaba accused the pilot of a breach of duty of care when he failed to operate the aircraft in such a manner as to prevent it from crashing.

    He listed the particulars of negligence as follows: “The pilot’s failure to promptly and properly respond to abnormal conditions in the engine throttle settings, engine power indications and engine power produced by the aircraft; his failure to properly manage fuel in the aircraft; and his failure to properly follow emergency procedures upon detecting loss of engine power by carrying out an emergency air return or landing the aircraft at the nearest available airport enroute to Lagos.”

    The deceased

    The late Mrs Anibaba was born on November 13, November 1978. She was 33 years when she died. She left behind her husband (the plaintiff), and her daughter, aged two years and a half when the crash occurred.

    The plaintiff contends that the deceased would have lived to the age of 85 years and would have remained in gainful employment up to 70 but for her death in the air crash.

    The late Mrs Anibaba attended the University of Essex, United Kingdom, where she obtained a Bachelor of Science (Hons) Degree in Economics in July 2000, before proceeding to obtain a Masters of Science Degree in International Consultancy and Accounting from the Reading University in December 2001.

    At the time of her death, the she was employed by and held a senior position at the Fate Foundation.

    The late Anibaba met her husband in 2006 and they got married on December 8, 2007.  They had a child, Oluwatimisayo, but the deceased was said to be three months’ pregnant at the time of her death.

    The plaintiff/claims

    Mr Anibaba attended Bradford University in the United Kingdom and graduated in 1997 with a Bachelor of Science Degree in Economics before proceeding to obtain a Masters of Art Degree in Accounting and Finance from Leeds University in November 1998.

    He qualified as a Chartered Accountant in the United Kingdom in May 2002 and was admitted as an Associate to the Institute of Chartered Accountants of Nigeria on May 8, 2008.

    As the time of his wife’s death, the plaintiff held a senior position with Airtel Networks Limited but claimed he left the employment in order to care for his daughter. He is claiming the resultant loss of earnings due to leaving his job.

    The plaintiff said in his statement of claim: “The deceased was responsible for the running of the home and the plaintiff has had to employ additional house help to take on these responsibilities and will claim the resultant additional costs incurred as a result of this fact.

    “The plaintiff and the deceased shared the cost of paying for their daughter’s education in equal proportion.  The plaintiff now has to bear this burden alone, and in fact has been bearing the burden alone since the death of the deceased.

    “The only child of the marriage, Oluwatimisayo, is now aged 5 years.  She previously attended Discovery House School and entered Reception at St. Saviour’s School in Ikoyi, Lagos in September 2014.

    “She will remain in primary school until the age of 11 years and it is proposed that she will then attend secondary school at the British International School in Lagos until the age of 17 years.  As with both her parents, it is the intention that Oluwatimisayo will attend a University in the United Kingdom up to obtaining a Masters’ Degree at least.

    “At the time of her death, the deceased was employed as Head of Business and Alumni Support Services with the Fate Foundation in Lagos, Nigeria.  It had been the deceased’s intention to secure promotion to the level of Director within the Fate Foundation and the plaintiff believes she would have secured this position but for her death.”

    The monetary claims

    The plaintiff is claiming N3,516,000.00 being funeral expenses incurred for burying the deceased; N290,000 and £4,000.00 being the estimated costs of the deceased’s personal belongings that were in her possession and that were lost at the time of the air crash; and N7,609,988.69 as past dependency on the deceased’s earnings.

    The plaintiff also claims N149,831,926.04 as future dependency on the deceased’s earnings; N10,961,865.98 as the plaintiff’s past loss of earnings having to leave his job following his wife’s death; N200,208,688.58 as the plaintiff’s future loss of earnings; N570,749.15 as past dependency on the deceased’s pension; and N14,920,128.54 as future dependency on the deceased’s pension.

    The plaintiff further claims N898,639.95 as past dependency on the plaintiff’s pension; N29,480,516.24 as future dependency on the Plaintiff’s pension; N1,423,200.00 as past dependency on the deceased’s services; N31,722,000.00 as future dependency on the deceased’s services; N147,400.00 as past health-care costs; N4,417,841.00 as future health-care costs; $1,000,000.00 for the deceased’s pre-death pain and suffering; and $1,000,000.00 for the plaintiff’s pain and suffering and loss of wife’s companionship and affection.

    The plaintiff also claims $500,000.00 for the deceased’s daughter’s pain, suffering and loss of mother’s companionship and affection; 1,000,000.00 for the deceased’s parents’ pain, suffering and loss of daughter’s companionship and affection; interest on the damages at the rate of 21 per cent per annum from June 3, 2012 until the date of judgment and at the rate of 10 per cent per annum from the date of judgment until the date the judgment is finally liquidated, and costs of the action.

    Multiple suits

    Besides Mr Anibaba’s, there are other cases against Dana Airline by other victims’ families. The suits were filed in 2014. The plaintiffs obtained an order in 2015 based on their motion for determination of a preliminary point of law.

    The court agreed that on a proper interpretation of the applicable provisions of the Nigerian Civil Aviation Act 2006, the plaintiffs did not have to prove that the air crash occurred as a result of Dana Airline’s negligence or any of its staff.

    The court agreed that the relevant statute placed the onus on Dana Airlines to prove the cause of the accident and establish that it was not caused by its negligence or that of any person for whom it was responsible.

    Thus, the only issue outstanding in the case is the quantum of damages to which the plaintiffs are entitled.  The plaintiffs amended their claims, formulating quantum damages in 19 of the 25 cases.

    The defendants, in their defences, did not argue that the plaintiffs and the victims’ families were not entitled to make the claims, but they are insisting that the plaintiffs must prove the claims with substantial evidence.

    The plaintiffs contend that the airline paid compensation running into millions of dollars to the estate of its deceased pilot without requesting for the type of evidence they did from them.

    Some of the 25 families Dr Ajibade represents filed their action in the USA against Sellers, but the US court ordered that the matters, except two, be conducted in Nigeria as a more convenient forum given that the accident occurred in Nigeria where the families and the airline are based.

    While the two cases in the US have been settled out of court with reasonable compensation paid to the families (the diseased victims were USA citizens/residents), the Nigerian cases have continued to drag.

    The most advanced of the cases is Mr. Anibaba’s in which hearing commenced on May 19, 2016 and was concluded on March 7.

    Failed discussions

    The plaintiffs exchanged correspondences with the airline, it insurers and their solicitors in the early days following the crash.

    They had indicated willingness to hold settlement discussions once formulation and amendment of claims were completed in a substantial number of the cases, but an out of court settlement could not be reached.

    Dana Airline’s local insurer, Prestige Assurance Plc, reportedly claimed that it paid all the claims arising from the crash in full, but it was not clear if the money had been paid to Dana Airlines.

    The plaintiffs accused Dana Airlines of subjecting them to hardship following the death of their breadwinners in the ill-fated crash by refusing to pay them compensation several years after.

    Dana Airlines/Sellers defence

    Dana Airline, represented by Mrs Taiwo Kola-Balogun, denied most of the plaintiff’s claims, asking him to prove them.

    It said Mr Anibaba’s assertion that the deceased would have lived up to 85 and worked in gainful employment until 70 was not only speculative, but contradicts the fact that average life expectance in Nigeria, according to the World Health Organisation, the National Bureau of Statistics and the World Bank, is between 52 and 55.

    The airline denied that damages for pre-death pain and suffering of the deceased were recoverable, adding that loss of companionship  and care were not recoverable heads of loss.

    The defendant denied the claims on funeral expenses and deceased’s personal belongings to the extent that the losses were unproven and not supported by evidence.

    Dana Airlines denied the plaintiff’s claim that he gave up his employment and experienced a loss of earnings as a direct result of his wife’s death.

    It said there was no direct causal link between the crash and the plaintiff giving up his employment.

    The defendant said the plaintiff continued his employment with Airtel until February 2014, almost two years after the crash.

    Dana said the plaintiff’s claims on expected earnings did not take tax deductions and other economic factors into considering, nor did he take the falling value of the naira and exchange rate fluctuations into account.

    “The plaintiff carries the burden of proof for the alleged losses. To the extent that the amounts being claimed are unsupported, damages are not recoverable.

    “Without prejudice to the foregoing as to damages, the entitlement to damages and claims of dependency by the plaintiff and those for whose benefit the action is brought are denied and the plaintiff is put to proof of all aspects of loss,” Dana Airlines said.

    Sellers added that the plaintiffs’ claims to damages were not admitted and “they are put to proof of all aspects of loss”.

     

    An expert witness’ evidence

    The last witness to testify for the defence in the case was Prof Elias Wahab of the Department of Sociology, Lagos State University (LASU).

    He said he became a professor in Demography of Ageing in 2014, and that he is an expert in social conditions, longevity and matters of the elderly.

    He denied that the life expectancy of the middle and upper class Nigerians was 70.

    Under cross examination, he said life expectancy was as low 43 years in 2009, but that it improved due to “a lot of interventions to improve it, such as poverty alleviation.”

    Wahab admitted that the number of the elderly was increasing numerically, but that life expectancy can differ even among persons who belong to the same “cohort” (age range).

    He said people of the same age range could die at different times due to lifestyles, life chances, family history and personal history.

    He said there was no guarantee that those who are poor would die before those who were rich.

    “The rich are more belaboured with endogenous diseases. The lower class is faced with exogenous issues like malaria, typhoid, and they have access to medications,” he said.

    The university don said the lower class was less likely to have a terminal illness than the rich.

    “Between the two, the likelihood of survival is similar. The probability of living and dying each day is 50-50,” he said.

    The witness admitted that his report was based on probabilities, saying: “The conclusions in my report are probabilistic.”

    Pressed on whether his conclusions could not be taken as conclusive, he said: “Only God is absolute.”

    When Dr Ajibade asked jovially if the witness was suggesting that God be invited as witness, everyone in the courtroom, including the judge, burst into laughter.