The Nation Newspaper

Category: Law

  • Court appoints receiver-manager for Abuja NNPC mega station

    The Federal High Court in Abuja has appointed a Lagos lawyer Mr Chukwudi Enebeli as the receiver/manager of a Nigerian National Petroleum Corporation (NNPC) mega station belonging to Dan Oil & Petrochemical Limited in Abuja.

    Justice Ijeoma Ojukwu made the order based on an application by Diamond Bank Plc in a suit against Idris Umar, Zulaitu Umar and Idris Khadijat Umar, who are directors and shareholders of Dan Oil & Petrochemical.

    The originating processes were filed by Kemi Pinhero (SAN) of Pinheiro LP, where Enebeli is a Senior Associate.

    Justice Ojukwu made an order of interim injunction restraining the respondents or their agents from interfering with, obstructing or frustrating Enebeli as the receiver manager appointed by Diamond Bank via deeds of appointment dated December 19, 2017.

    The court granted an order of interim injunction restraining the respondents from frustrating Enebeli in the course of his duties as receiver/manager over Dan Oil & Petrochemical’s property at Plot 1487 Cadastral Zone B19, Katempe Extension, Kubwa Expressway, Abuja.

    The property is registered as FC113 at page 113 in Volume 66 PA in the Federal Capital Territory Land Registry, Abuja.

    The court also barred the respondents or their agents from tampering with, disposing of or dealing with Dan Oil & Petrochemical’s property and assets, pending the hearing and final determination of the bank’s motion on notice.

    Justice Ojukwu made an order directing law enforcement authorities, including the Inspector-General of Police, to provide security to prevent a breakdown of law and order during Enebeli’s performance of his duties as receiver-manager of the mega station.

    The plaintiff filed the suit following Dan Oil & Petrochemical’s alleged failure to fulfill a repayment obligation as contained in an offer letter of June 1, 2016.

    The bank said it notified the oil firm of its outstanding indebtedness of N4.4billion as of February last year.

    Dan Oil & Petrochemical had proposed to pay N2.5billion, which the bank rejected.

    “Despite the service of a demand letter by the plaintiff, the second plaintiff (Dan Oil & Petrochemical) has not shown any genuine willingness to fulfill its repayment obligations…

    “Contrary to the terms of the various offer letters, the second plaintiff has failed, refused and neglected to ensure that the proceeds of sale from the mega petrol station are domiciled in its account in the bank,” Diamond Bank said.

    The bank said Dan Oil & Petrochemical’s total indebtedness to it in respect of a Trade Finance Facility and a Project Finance Facility as at February 1 stood at over N4.9billion.

    The bank said the non-repayment of the loan has affected its liquidity and ability to finance small businesses.

    It added that Enebeli “is a responsible, fit and proper person to act” as receiver-manager to enable it recover the debt.

  • NBA SLP holds conference

    The Nigerian Bar Association’s Section on Legal Practice (NBA-SLP) has invited lawyers to its annual conference.

    It will hold from April 12   at the NBA Port Harcourt Branch House, Bank Road, Port Harcourt, the Rivers State capital, by 9am.

    The theme is: Re-Thinking and Re-Tooling Legal Practice for the challenges of our time.

    A statement by the section’s chairman Mrs. Miannaya  Essien said a broad range of topics would be covered, such as professional ethics and disciplinary issues, lawyers fee earning capabilities, election matters, effective prosecution of white collar and economic crimes, among others.

    Admission to the conference will be free for SLP members who must register to attend.

    The Section as called for  articles for publication in SLP Journal  which is underway.

    The SLP is the section for all lawyers irrespective of areas of specialisation.

     

     

     

     

  • ‘Being a lawyer is a dream come true’

    Doris Okoroego is a law graduate of the Imo State University (IMSU), Owerri. She was called to the Bar in 2013. She tells JOSEPH JIBUEZE about her most challenging case, why young lawyers deserve a minimum wage, and why criminal cases should be time-bound. 

    Why she chose law

    I chose law because of the less-privileged. I don’t like injustice and I feel bad each time I see innocent citizens being oppressed; that was what motivated me to study law.

    If not a lawyer…?

    I would have been either an international business woman or a film producer/actress. There is no regret at all. In fact, I enjoy being addressed as a lawyer. It is a dream come true and my parents will be so happy wherever they are now.

    Most challenging case

    My most-challenging case was FirstBank of Nigeria Ltd vs. Badagry Local Government Staff Co-Operative Multi-Purpose Society Limited & Anor. It was my first legal work. It was the first matter I handled alone, prepared all necessary processes before passing it on to a senior counsel in our office to supervise before filing. I learnt a lot through this matter, did research and at the end and with the help of my senior colleague I was happy with myself and the work.

    Young lawyers and challenges

    The major challenge that young lawyers in Nigeria face is the challenge of poor remuneration by their older colleagues, all in the name of still learning the profession. I am all for pupillage as I think that it is a form of good mentoring for young lawyers like us who are just coming up. However, no adequate learning can be done on an empty stomach. There should be dignity in human labour and if we are to maintain the nobility of the profession, then something has to be done about it. That is why I support the call for minimum wage for young lawyers, at least as a standard. The problem will be how to get every law firm in Nigeria to implement it. Another challenge faced by young lawyers is the manner of treatment meted out to some of them by their learned seniors who treat them harshly and make them work under unfavorable conditions, all in the name of learning. Perhaps some of the older lawyers view it as doing the younger ones favour, but this isn’t so.

    What she’d live to change

    What I will like to change about the judiciary if I have the power is our criminal justice system in Nigeria. It is seriously due for a change not only because crime is involved, but also because the freedom of people might be involved more often than not.  To me, criminal matters should be time-bound and not to continue in perpetuity. If someone is alleged to have committed a crime, there should be a time limit for the court to try the person because justice shouldn’t be delayed.

    Guiding principle

    My guiding principle is to be the best in the legal profession and to shun any form of mediocrity. I live by this principle in my daily life.

    Call to Bar

    My call to bar was celebrated by my family and friends in a very unique and special way with lots of gifts and praises. I was more than happy when my one and only heartthrob came all the way from Lagos to Abuja to celebrate with me.

    Law School experience

    Law School was fun and at the same time tough and stressful. Some clients think that you attended the law school, solely to handle their matters in court. They want excellent legal services but are not ready to pay a dime, even when you know they are financially buoyant and capable of paying their fees. It is a reality that young lawyers like us grapple with every day.

    Is she well paid?

    The issue of poor pay is one reality that young lawyers in Nigeria grapple with. However, I must say that I am lucky to have a good and considerate principal who understands the importance of dignity in the profession.  He remunerates and treats his lawyers very well while also giving them the freedom to expand and grow. In fact, he is a father to us all. So, I can say I am one of the lucky few.

    10-year dream

    In 10 to 15 years from now, I see myself as my own boss and thriving in the legal profession.

    Maybe I would have married a lawyer. But I am happily married to my wonderful husband which is why I call him BEST as a pet name, and he is not a lawyer but an engineer.

    Family

    I am happily married to the best husband in the whole universe and our union is blessed with a very beautiful daughter. We are six in number, three boys and three girls and I happen to be the last daughter and fifth child. My parents are late.

    Mentors

    Wow! I look up unto so many dignitaries such as Supreme Court (rtd) Justice F.F Tabai, Prof J.I.J Otuka, former Head of Department of Law faculty Imo State University (deceased); former Imo-State Chief Judge, Justice Njimanze; my principal Mr. E. A Oyebanji; my Head of Chambers Ademola Olarewaju and so many others.

     

  • NBA-SBL inaugurates club  

    The Nigerian Bar Association Section on Business Law (NBA-SBL) has inaugurated the first ‘SBL CLUB’ at the Faculty of Law, University of Lagos (UNILAG), Akoka.

    The initiative is part of the section’s objectives to build capacity and promote the development of commercial law practice in Nigeria.

    At the event were the faculty’s Dean, law professors, members of the NBA-SBL Council, Committee Chairpersons, members of the ADR Committee of the NBA-SBL, executives of the UNILAG Law Students Society (LSS), amongst others.

    It is the first in a series of clubs being set up in selected universities across the country.

    NBA-SBL Young Lawyers’ Committee Chairperson, Olubukola Olabiyi,  said the Section had keen interest in the development of the legal capacity of law students.

    She said: ”It is hoped that through the Young Lawyers Committee of the NBA-SBL, we would facilitate this development by way of mentorship and internship initiatives as well as invitations to SBL committee programmes focused on various areas of specialisation.

    “We appreciate the interest and assistance of the UNILAG Faculty of Law and Law Students’ Society in establishing this Club in their institution and look forward to achieving note worthy progress at the UNILAG and other tertiary institutions.”

    SBL Chairman Mr Olumide Akpata expressed delight at the final takeoff of the first SBL club.

    “The SBL Club is primarily aimed at  introducing Law Undergraduates to contemporary issues in  Commercial Law and Practice that may not yet form part of their curricula but are a ‘must have’ if they are to effectively compete on the global stage as Law Students and ultimately, in the future,  as Commercial Law Practitioners.

    The Dean, Prof Ayo Asenuwa, welcomed the initiative, expressing faith in the students’ ability to utilise the opportunity.

    “We are happy that you have considered our faculty for the very first of this capacity building project and we pledge the support of the management to ensure the success of this laudable initiative,” she said.

    Vice President of the Law Students Society, Ms. Oluwatamilore Sowunmi thanked the Council of the NBA-SBL for the initiative.

    After the inauguration, a special ADR session was held by the NBA-SBL committee on Arbitration & ADR, for the benefit of the students.

    Chair, Advisory Board of the Lagos Court of Arbitration – Young Arbitrators Network (LCA-YAN), Mr Isaiah Bozimo,  introduced the students to the practice of ADR.

    He highlighted issues such as the nature of arbitrable disputes; arbitration as a mechanism for dispute settlement; the consensual nature of arbitration; arbitration as a private procedure; the legal framework governing international commercial arbitration; and the fact that arbitration leads to a final and binding determination of the rights and obligations of the parties involved.

    Another member of the ADR Committee, Mrs Josephine Akinwunmi, spoke to the LSS audience about the benefits of ADR, the core principles of mediation, the role of a mediator, key attributes of an effective mediator, benefits of mediation, obstacles to a successful mediation, the goals of mediation, ethical guidelines for mediators and mediation institutions.

    According to her, disputes were generally an inevitable part of human interactions arising from different human transactions including economic activities, family relationships, community, neighbourhood and other civil activities.

    “When these disputes arise, it is only natural that the parties will want to resolve them peacefully and the common method of doing so without going to court is to go through the Alternative Dispute Resolution process. The one thing all disputes share is that ultimately they involve people and people involve relationships,” Akinwunmi said, while harping on the importance of maintaining good relations in the resolution of disputes and the need to achieve this through mediation.

    The CEDR (UK) Accredited Mediator and SCMA Accredited, Mediation Advocacy Trainer, went on to school them about the attributes of a good mediator; listing those to include, credibility, patience and tact, objectivity alertness, adaptability, perseverance, appearance, demeanor, amongst other things.

  • The man who called a lawyer ‘idiot’

    By Robert Egbe

    Not everyone finds a dream they lost 16 years ago. But I have.

    I saw her the moment I set foot in courtroom one of ‘that court’ in Lagos, three Thursdays ago.

    She was leaning forward on a seat near the entrance, head bent over documents on the long desk.

    The papers weren’t much, but they held her attention: not even the large smartphone or shiny black bag on the table beside her right hand caught her fancy.

    I hesitated at the door, taking in her spotless golden wig and black gown.

    The lawyer to her right looked my way, adjusted his stiff wing collar, and then away.

    The packed gallery was right behind them, so I made for a free seat three rows away. But I let go of the double doors prematurely and they retracted with a slight whoosh.

    A few heads turned. One of them was hers.

    Our eyes met.

    They met, like they did that day, forever ago, when she spoke those words boys like to hear pretty girls say.

    I approached with a smile. She smiled back, dainty mouth matching the soft brightness of her clear eyes.

    Not everyone finds a dream they lost 16 years ago. But I do.

    This was the third time I would run into her in a Lagos courtroom since last October.

    I bent over her table and we did the “Hey, what’s up?”, and “Hey, how are you?” as we shook hands.

    A registrar came out of the judge’s chambers.

    “Please, settle down,” he said severely to the courtroom.

    The judge was about to sit.

    We parted hurriedly.

    READ ALSO: The old, old man

    I walked through the narrow aisle, passing lawyers and litigants, including two perhaps middle-aged men near the door, on my way to an empty seat on the last row in the gallery.

    His Lordship walked in as I took my seat.

    We rose, bowed and sat again.

    The judge’s docket lightened and the courtroom emptied gradually as litigant after litigant got his day.

    But she kept turning back.

    After the third time, I wondered if she was looking for me.

    A litigant left his window seat, two rows behind her and one row behind the two men. There was a wall socket near the seat. When he didn’t return, I passed behind the men and occupied it.

    One of the men turned. The socket was closer to him than I. He offered to help as I reached for the socket with my phone and charger. I declined, smiling as I plugged it in.

    He looked in his late fifties or early sixties, with a sprinkle of grey on his full head of hair. But as he smiled back, his face crinkled, making him seem older.

    His small, dark, weather beaten frame was inserted in a black Mao suit. There were not many lines on his face, but it had an ascetic air and my eyes hovered over his neck; there was no clerical collar there. He put me in mind of someone who had fought many battles in life.

    The man beside him turned. They were companions. A smile broke out on his face.

    “Ah! Robert! Thank you for coming,” he whispered happily, taking my hand.

    It was….I’m going to call him a ‘Scotsman.’ He was the reason I was in court.

    “Meet …,” the Scot said, turning to his friend. Let’s call his friend XYZ.

    ‘XYZ’ is the Patron Saint of Ireland.

    XYZ’s countenance brightened. He shook my hand enthusiastically, smiling broader this time as he thanked me for coming.

    They were seeking to recover a debt of nearly N1 million each.

    A short while later, they called her matter. But the respondent was unavailable, so, the case was adjourned.

    She packed her things and – without a backward glance – left.

    A man, her client, stood up from behind us. We watched him hurrying after her.

    Soon afterwards, XYZ and the Scotsman stood up and bowed as the registrar mentioned their case.

    Their lawyer summoned the respondent’s witness for cross examination.

    The witness, a dark, stocky man with a loud voice and a belligerent air, swaggered to the witness box.

    It was evident from the get go that he did not care much about the justice of the case: he was simply out to help the respondent win.

    He barely had a straightforward answer to any question. Several times, he cut the claimant’s counsel off aggressively and insisted on speaking even after his own lawyer told him not to

    Once or twice the judge reminded him to keep his shirt on.

    XYZ was getting annoyed. He started whispering to the Scotsman after every question the witness seemed to deflect.

    “Lies,” I heard him say.

    He turned back and whispered conspiratorially to me, “He’s just lying. They don’t want to pay us.”

    But his lawyer, a young, level-headed fellow, was in control. He had a reply for every objection the respondent’s counsel raised.

    He introduced a document and – after it was identified by the witness – asked the court to admit it.

    Promptly, the respondent’s counsel, another sharp fellow, objected.

    “My Lord, this document is not admissible,” he said.

    The judge, a slim, bespectacled man, allowed both counsel to address him.

    In a bench ruling, he dismissed the objection.

    That was when the impossible happened.

    In self righteous relief, XYZ said out loud: “Idiot”.

    There was no moment of silence, but several heads turned around the courtroom.

    If he noticed, XYZ’s lawyer pretended not to. But the respondent’s counsel clearly heard. He turned and looked our way and then at the judge. The judge didn’t seem to be sure of what he heard. He paused briefly as if he was listening to something and then continued addressing both counsel.

    I was alarmed. So was the Scotsman.

    “You’re playing with contempt of court,” I whispered fiercely in his ear.

    But XYZ didn’t care. Their claims were vindicated, he felt, by that ruling.

    The respondent’s counsel kept turning back in our direction.

    I wondered if he thought I was in both men’s camp. I leaned back, slinking down in my seat a little. I would not partake in a contempt proceedings.

    XYZ didn’t mind though. He whispered again and again.

    Soon enough, the witness was discharged and the case was adjourned.

    Before the parties dispersed, the judge addressed them, urging everyone to take things easy.

    “The lawyers are just doing their jobs,. Any of them could represent either of you tomorrow and they would defend you with the same passion which they displayed today,” he told the two men and the witness.

    “Call the next case,” the judge told the registrar.

    As I walked outside to wait for both men, I remembered and looked around, but she wasn’t there.

    Not everyone finds a dream they lost 16 years ago. But I did.

     

  • NBA verifies over 49,000 lawyers

    THE  Membership and Bar Services  Directorate of the Nigerian Bar Association (NBA)  has verified 49,000 lawyers across the country.

    The exercise is in a bid to sanitise the legal profession and reduce the incidence of fake lawyers and quackery in the legal profession.

    NBA General Secretary  Aare Isiaka Abiola Olagunju presented a report on the verification at the just concluded National Executive Committee ( NEC) meeting  in Ilorin, Kwara State.

    He said: “ The NBA Database Verification exercise is an ongoing process. Over 49,855 active lawyers  have carried out their verification exercise.

    “You may recall that the NBA in 2011 made it mandatory for all active lawyers in Nigeria to undertake a verification exercise to enable the association update vital details of its members.

    “Right now, we are working on creating a membership platform on verification whereby any lawyer can personally update his or her phone numbers, e-mail address, contact address and branch, if and when any of these has been changed

    “When the unit  receives complaint regarding verification of a lawyer, such application is forwarded to the General Secretary and then acted upon.

    “Lawyers may send request for such services to the secretariat individually, or through their branches, international bar association, organisation, and parastatals, etc.

    “The profession has been  to a large extent, preserved from the marauding effect of imposters and impersonators,  hence the lawyer column (find a lawyer) on the website is a valuable tool for the search of lawyers since only verified lawyers are uploaded.”

  • Solanke, Olanipekun to law firms: pay young lawyers well

    Solanke, Olanipekun to law firms: pay young lawyers well

    First female Senior Advocate of Nigeria, Chief Folake Solanke and former Nigerian Bar Association (NBA) President Chief Wole Olanipekun (SAN) have urged senior lawyers to remunerate young lawyers undergoing pupilage in their offices well.

    The two senior lawyers made the call at the inaugural public lecture and presentation of a book entitled: New developments in law and practice in Nigeria by Deacon Dele Adesina (SAN).

    The event marked the 35th anniversary of Adesina’s call to Bar, 25 years of the establishment of his law firm, and 10 years of his being conferred with the rank of SAN. The lecture had the theme: Building a successful legal career/practice. 

    Solanke said pupilage was an essential element in the training of young lawyers and the development of the legal profession, adding that juniors doing pupilage are not slaves and so should be properly remunerated.

    Olanipekun  advised lawyers to learn to “steal” knowledge from their colleagues. According to him, Rome was not built in a day, so young lawyers must be prepared to learn and adhere strictly to the principles of legal practice.

    Citing personal example, Olanipekun said: ”Whenever I go to court with Femi Falana, I know it is going to be a legal war and I am always prepared to tap from him, because I know that where my wisdom stops, there his own begins and so I must not run him down.

    “Woe betide any lawyer who gives bribe, offers bribe, compromises the integrity of the legal profession or distorts justice, such a lawyer will go to hell.

    “Lawyers must at all times, be God fearing, humble, charitable and be accommodating. These virtues are instrumental to successful legal practice.”

    Olanipekun urged the NBA to be at the forefront in protecting the integrity of the profession, adding that the association was larger than itself.

    Adesina  urged the judiciary to continuously live up to its constitutional role to preserve legal practice. “The Judiciary has continued to live up to its constitutional and historic role as the bastion of constitutional democracy.

    “It remains the tripod on which the hope of democracy and the common man rest and the time to stop politicisation of the Judiciary is now,” he said.

    Prof. Koyinsola Ajayi (SAN), who was the guest speaker, encouraged bar leaders and senior members of the bar to live by the rules and practice what they preach.

    He said: “Do not belong to the Bar where things are marred, nor sit on the bench of stench. Rather, be found only in the Bar, helping the Bench for public good.

    “To the younger lawyers and those in the Outer Bar, do not engage in idle canter and banter, understand the importance of networking and engage accordingly.”

    A member of the panel, Kemi Pinheiro, (SAN), who spoke after the lead presentation, highlighted the need for legal professionals to be humble, charitable, responsible and accommodating to one another.

    He said: “Be open to learning from your colleagues. We need the ethics of our profession without compromising them. We must show ourselves worthy in a society that is looking up to us for guidance. But the fact remains that we would first have to change ourselves in other to change Nigeria,” Pinhero said.

    A Senior Advocate of Nigeria (SAN) Osaro Eghobamien said a lawyer’s duty is beyond being responsive to clients.

    “I believe taking a case without  merit to the Supreme Court is a level of injustice that should not be condoned. There are many areas of law yet untapped, with several opportunities lying therein.

    “However, without strong legal institutions, we cannot provide services that are global. We must begin to align our operations and services in line with international standards,” Eghobiamen said.

    Another SAN, Fabian Ajogwu, said it was important for lawyers to understand what truly drives success in law. “I am not in the school of begging seniors to pay their juniors adequately. Rather, I am more interested in seeing hard work being rewarded

    “You need to do research to become a good lawyer and apply it in the courtroom and the classroom.

    “In determining success in the profession, one must first determine what sort of lawyer you want to be. You must be able to measure your spectrum,” Ajogwu said.

     

  • TI and the anti-graft war

    The Federal Government has deplored the country’s low ranking in the 2017 Corruption Perception Index (CPI) by Transparency International (TI). It is not backed by facts, the government says, citing its almost three years of anti-corruption war. Eric Ikhilae examines the anti-graft crusade, noting that it has recorded some success, but more still has to be done.

    The President Muhammadu Buhari-led ad-ministration’s anti-corruption war got a knock with the release of the 2017 Corruption Perception Index (CPI) by global watchdog, Transparency International (TI).

    It placed Nigeria 148th out of 180, despite almost three years of the administration’s anti-corruption war.

    According to TI, the CPI score relates to perceptions of the degree of corruption as experienced by business people and analysts and ranges between 100 (highly clean) and 0 (highly corrupt).

    Truly, the report dealt a blow to Buhari’s anti-corruption war, because it showed that, going by the nation’s rating in the last  five years, nothing really has changed.

    In the 2016 ranking, Nigeria scored 28. In 2015, it scored 26. In 2014, the country scored 27 and 25 in 2013.Nigeria was rated the 35th most corrupt nation on earth in 2012 when it scored 27.

    Expectedly, the government reacted angrily to the country’s ranking in the recently released corruption perception index, with government’s spokesman, Garba Shehhu, describing it as “misleading and unfair”.

    He argued that as against the impression created in the TI report, the government has recorded significant impact in its efforts to tame corruption and impunity in the management and application of public resources.

    According to him, the President has not only demonstrated the political will to fight corruption, but has also exhibited “the extraordinary courage to go after high profile looters, including former military service chiefs and Judges. It was once unthinkable to touch or prosecute the ‘big men’ for corruption in Nigeria, but President Buhari has ended impunity for corruption”.

    Shehu claimed that corruption was no longer fashionable in the country because it attracts consequences. He added that the rigid enforcement of the Treasury Single Account (TSA) has made life tougher for corrupt officials and about N738.9 billion was recovered in just two years of the Buhari administration.

    He added: “Anybody, who knows where Nigeria was coming from, would not believe that corruption is worse under the Buhari administration. We wonder where they (TI) got their facts from.

    “At a time, they are alleging increase in the incidence of corruption under this government, the whole of Africa is applauding by choosing President Buhari as the continental champion to lead the fight against it. Nothing can be more eloquent than this.”

    “In the end, this whole episode may turn out to be just a political distraction, given the strong views some of TI’s patrons have expressed against the Buhari Administration. This notwithstanding, facts are facts and those facts won’t cease to be facts even if you don’t care to pay attention to them,” Shehu said.

     

    Initiatives against corruption

    Indeed, this administration got to power on the strength of President Buhari’s pledge to fight corruption. Despite the initial lull experienced in the early days of this administration, it later got to business by taking some commendable steps aimed at tackling corruption.

    Some of such steps were the constitution of some investigating committees, including the one that probed the application of funds allocated by the President Goodluck Jonathan’s administration for the purchase of arms to fight insurgency. Another probed the finances of the armed forces, among others.

    The outcome of these various investigations formed the basis of the on-going prosecution of some politicians and former military chiefs across the country.

    The government equally created some institutions, formulated policies and initiated Bills for the enactment of laws to aid the anti-corruption fight.

    Some of such institutions included the Presidential Advisory Committee Against Corruption (PACAC), which among others, advises the President on how to direct the various anti-corruption initiatives.

    There is also the National Prosecution Co-ordination Committee (NPCC), which was inaugurated by Vice President Yemi Osinbajo on May 27, 2016 with the core responsibility of co-ordinating the prosecution of high profile cases.

    The NPCC is also required to scrutinise the proof of evidence and charges in high profile criminal cases in the country before arraignment. In addition, it will receive and analyse reports from the investigation and prosecution teams engaged to handle such cases.

    The committee is to guarantee prompt contact and synergy between investigators and the prosecutors of high profile criminal cases, manage information to the public on such cases as well as to ensure strict compliance to the Administration of Criminal Justice Act (ACJA), 2015.

    Also, the NPCC is to advise the Attorney-General of the Federation (AGF) on the exercise of his prosecutorial powers in Section 150 and 174 of the 1999 Constitution, prepare the policy strategy document for the co-ordination of investigation and prosecution of high profile criminal cases in Nigeria and to collate the list of such cases as well as assigning them to prosecution teams.

    The government also set up the Special Investigation Panel on the Recovery of Public Property, which is saddled with, aomg others, the responsibility of identifying and confisticating property unlawfully acquired by public officials.

    In April 2017, the government adopted a five-year strategy to combat corruption and corrupt tendencies in the country to the barest minimum.

    The AGF and Minister of Justice, Abubakar Malami (SAN) explained that the five-year strategy would serve as the driving force across board in both private and public sectors.

    He said the plan will involve prevention of corruption, public engagement, campaign for ethical reorientation, enforcement and sanctions and recovery of proceeds of corruption.

    On August 10, 2017, the government adopted what it called the National Policy on Justice (NPJ, an instrument aimed primarily at addressing the perennial delay in criminal justice administration in the country. This was intended to also aid the anti-corruption drive by ensuring prompt prosecution of corruption cases.

    Some of the objectives of NPJ include: to engender synergy and cooperation across the justice sector nationally – both at the national and state levels; promote independence and impartiality of the judiciary and ensure  fair and speedy dispensation of  justice and effective enforcement of court decisions.

    The government, in November 2017 inaugurated the Audit Committee on Recovery and Management of Stolen Assets within and outside the country.

    While inaugurating the audit committee, President Buhari explained that it was intended to ensure that all returns filed by the various agencies were accurate and consistent with actual recoveries made.

    He said the committee was, therefore,  expected to judiciously undertake an audit of all recovery accounts established by government agencies from the date of opening such accounts up to April 10, 2017.

    In the area of legislation, the government initiated many Bills, some of which included Nigerian Financial Intelligence Bill; Proceeds of Crime Bill; Money Laundering Prevention and Prohibition Bill; Mutual Legal Assistance Bill and the Bill to establish Special Anti-Corruption Courts.

    Addressing a gathering recently in Abuja, Malami identified the several programmes initiated by this administration to aid the fight against corruption, which he said, included the Treasury Single Account (TSA); the Whistle Blower Programme; elimination of ghost workers from the payroll and aggressive investigation and prosecution of indicted persons.

    He said the government has also put in place a robust asset recovery programme; increased collaboration with foreign governments and partners; sanitised tax system, including the on-going Voluntary Assets and Income Declaration Scheme (VAIDS) and greater transparency and scrutiny in the expenditure of public funds, among others.

     

    Big men and their children

    on trial on corruption allegations

    In furtherance of its anti-corruption fight, the government, through its various agencies, is prosecuting high profile individuals, including politicians and former military chiefs with some convictions already recorded.

    Some of such politicains include former Adamawa State governors, Murtala Nyako and Ahmadu Fintiri; ex-Benue Governor, Gabriel Suswam; former Sokoto State Governor, Attahiru Bafarawa; ex Finanace Minister, Bashir Yuguda; former Katsina State Governor, Ibrahim Shema and ex-Jigawa Governor, Sule Lamido.

    Others are the Senate President, Dr Bukola Saraki; former National Chairman of the Peoples Democratic Party (PDP), Haliru Bello; former spokesman of the party, Olisa Metuh; former Minister of the Federal Capital Territory (FCT), Bala Mohammed; Ex-President Goodluck Jonatan’s Campaign Director, Femi Fani-Kayode and businessmen, Raymond Dokpesi and Jide Omokore.

    Also, some children of these influential individuals are equally on trial. They include Abdul-Aziz (a serving Senator and son of ex-Governor Nyako, being tried with his father for money laundering), Nanle (Dariye’s son also charged with laundering of N1.5b) and Sagir (son of ex-Governor Bafarawa).

    Others are Shamsudeen (son of Bala Mohammed being tried for money laundering), Abbah (son of Haliru Ballo being tried with his father on a N300m fraud charge) and Aminu and Mustapha (Lamido’s two sons being tried with their father for money laundering)

    The government is also prosecuting cases inherited from past administrations, which involve former governors Danjuma Goje, Rasheed Ladoja, Jolly Nyame, Joshua Dariye and Orji Kalu.

    Also, ex-military chiefs have been put on trial for corruption. Some of those on trial include former Chief of Defence Staff, Air Chief Marshal Alex Badeh (rtd); former Chief of Air Staff, Umar Dikko; former Chief of Naval Staff, Vice Admiral Usman Jibrin (rtd); former Chief of Air Staff, Adesola Amosu and Air Vice Marshal Alkali Mawu (rtd).

    Others are former member, Presidential Investigating Committee on Arms Procurement, Air Commodore Mohammed Umar Diko; National Security Adviser, Col  Sambo Dasuki (rtd) and his former aide, Col. Nicholas Ashinze (rtd).

    The Judiciary is not spared in the anti-corruption war of this administration as some judges and senior lawyers have been brought before the court on corruption related charges. Those still on trial include Supreme Court Justice Sylvester Ngwuta; Justice Rita Ofili-Ajumogobia of the Federal High Court and Justice James Agbadu-Fishim of the National Industrial Court.

    The government has appealed the Court of Appeal judgment, which quashed the charges against Justice Hyeladzira Nganjiwa of Federal High Court.

    Some of the senior lawyers also on trial on allegation of corruption are Dele Belgore (SAN), Godwin Obla (SAN) and Joseph Nwobike (SAN).

     

    Some recorded success

    Although no accurate figures exist in relation to the actual amount of looted public funds recovered so far, government agencies and individuals involved in the efforts to recover such funds have given hints of the level of success recorded.

    While receiving members of the Senate Committee on Judiciary, Human Rights and Legal Matters in his office in 2017, Malami disclosed that government’s efforts had led to the recovery of over N15billion and $10.5m in 2016 alone.

    Acting Chairman of Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, while speaking in Abuja recently, identified some instances of success in the anti-corruption fight to include the $43,449,947, £27,800 and N23,218,000 cash recovered in a private residence on Osborne Road, Ikoyi in 2017, which has since been forfeited to the Federal Government, following a June 6, 2017 order of forfeiture made by Justice Muslim Hassan of the Federal High Court, Lagos.

    He added: “Between January and August 30, 2017, the EFCC recovered N409,270,706,686.75; $69,501,156.67; £231,118.69; €610,816.20; Dirham 443,400.00 and 70,500.00 Saudi Riyal.”

    According to Magu, the EFCC recovered over N329 billion from a group of oil marketers in July 2017 for the Nigerian National Petroleum Corporation (NNPC), adding that the Commission recorded 137 convictions nationwide by August of 2017, rising from the 125 convictions recorded in 2016, and 103 secured in 2015.

    On February 28, this year, a Federal High Court in Lagos granted a permanent forfeiture order on two properties said to have been acquired for $3.6 million and $1.2 million by former Petroleum Minister, Diezani Alison-Madueke.

     

    Identified drawbacks

    Despite this impressive record of achievement, many believed there is enough basis to justify the ranking accorded the country on the TI corruption perception index for 2017.

    This, they argued, is because in recent time, there has been a shift in the general perception of this administration’s sincerity in the anti-corruption fight, particularly in cases involving individuals close to President Buhari.

    Some recent cases that lent credence to this perception of selectivity in the anti-corruption war include the government’s reluctance to bring charges against former Secretary to the Government of the Federation (SGF), Babachir Lawal, indicted for corruption and former Director-General of the National Intelligence Agency (NIA), Ambassador Ayo Oke, who allegedly admitted being behind the huge cash recovered by the EFCC in a private residence in Ikoyi, Lagos.

    Critics also cited the controversial reinstatement of former Chairman of the Presidential Task Team on Pension Reforms, Abdulrasheed Maina, who has been declared wanted by the EFCC on corruption allegations.

    They also referred to the recent case of the Executive Secretary of the National Health Insurance Scheme(NHIS) Prof Usman Yusuf, who was suspended by the Minister of Health Isaac Adewole, but was allegedly recalled by the Presidency without consulting the Health Minister.

    Yusuf was suspended in July, last year, following which an investigating panel was constituted by the NHIS’ parent ministry, Health Ministry, to investigate the allegations levelled against him

    The panel, in its report, described Yusuf as a public servant, who “portrayed a holier-than-thou attitude but in the background, milked the agency dry” by conniving with others to perpetrate fraud to the tune of over N919m.

    It said, as the head of NHIS, Yusuf was personally responsible for all administrative, procurement and financial lapses.

    Beside the public perception, there exists deep rooted contradictions in the government, which sees critical agencies and personnel of government working at cross purposes.

    Critics wondered what reasonable government will close its eyes to the open disagreement between the Malami and Magu on key issues relating to the handling of high profile corruption cases and the status of the NFIU, over which there is threat to expel the country from Egmont Group of financial intelligent units.

    They argued that the contradictions  in this government accounted for why the head of the Department of State Services (DSS), an appointee of the president, would issue a negative report, which the Senate relied on to refuse Magu’s appointment confirmation, notwithstanding being  another appointee of the same President Buhari.

    It has also been argued that these contradictions accounted for the raiding of the houses of some judges and the eventual arraignment of some in court, even when such judges were yet to conclude hearing on some corruption cases before them. That action by the DSS, no doubt, affected proceedings in some pending corruption cases.

    For instance, the trial of former Imo State Governor, Ikedi Ohakim, was nearing conclusion before Justice Adeniyi Ademola when the judge was arrested and arraigned before the High Court of the Federal Capital Territory (FCT) on charges of corruption. Similar development delayed proceedings in the trial of Lamido, his children and others.

    Critics cited the seeming perpetual conflict between the National Assembly and the Executive, which has also impacted negatively on the anti-corruption fight. Many relevant anti-corruption related bills are left unpassed.

    Today, the Senate has refused to confirm the President’s nominees to key anti-corruption agencies such as the Independent Corrupt Practices and other related offences Commission (ICPC), the Code of Conduct Bureau (CCB), among others.

     

    Suggested way out

    Critics argued that the current general skepticism about this administration’s commitment to the anti-corruption fight requires deliberate efforts on the part of the President to address the identified drawbacks.

    To them, President Buhari needs to ensure proper co-ordination among his appointees and impress on them the need to buy into his agenda of non-discriminatory fight against corruption.

    The President, they contended, needs to convince the National Assembly, which incidentally is controlled by his party, the All Progressives Congress (APC), to realise that its refusal to confirm the appointees and enact relevant anti-corruption related laws were hindering success in the fight against corruption.

    Critics also argued that there was the urgent need for Malami to realise that, as the AGF, it was his core responsibility to serve as the arrowhead of the anti-graft war by providing the needed leadership and co-ordination required among all the prosecuting agencies of the Federal Government to avoid incidents of conflicts

    The AGF, they added, should ensure adequate funding of the NPCC for effective performance of its various responsibilities.

     

     

     

     

     

  • NBA to Fed Govt: address security challenges

    NBA to Fed Govt: address security challenges

    The Nigerian Bar Association (NBA) has urged the Federal Government to find new means of addressing security challenges in the country, asking the government to rise up to its responsibilities.

    Its President, Abubakar Mahmoud (SAN), made the call in an address during the association’s National Executive Committee (NEC) meeting in Ilorin, Kwara State capital.

    He said: “In the last few months we have witnessed the terrible events in Taraba, Benue and several states that have caused loss of hundreds of human lives and property arising from heightened conflict between herders and farmers that has assumed a  dangerous dimension threatening national security.

    “To demonstrate our concern and to bring our knowledge and skills to bear in the search for solution to the herders/farmers conflict, I led the NBA on a fact finding mission to Benue State early in February. In Zamfara State, we witnessed heightened banditry which is inexplicable in any modern state.

    “Only on February 14, the nation was rudely awakened with the massacre of 41 persons in Birane village in Zurmi Local Government Area, representing a significant deterioration of the security situation and incessant killings in that part of the country.”

    The NBA decried the killings, saying more needs to be done to secure the country.

    “NBA condemns these killings very strongly and calls on the Federal Government to do all within its powers to address these security challenges and do more to secure lives and property in all parts of the country.

    “We must not allow the country to creep into anarchy which will be the consequence of massive loss of confidence in the ability of the state to protect its citizens. These killings are unacceptable and must be brought to an end,”Mahmoud said.

    The Association said it acknowledged the progress made in addressing the security situation in the Northeast.

    “It was, therefore, with shock and great sense of disappointment that we heard the tragic news of the abduction of the nearly 105 school girls of Government Girls Science Technical College, Dapchi, Yobe State.

    “This dastardly act of kidnap by terrorists has grave impact not only on national security, but also on girl child education. I am not sure any of us here can easily relate to the security implications of such heinous crime,”he said.

    Mahmoud restated his position in an address at the Valedictory Court session in honour of retired Supreme Court Justice, Clara Bata Ogunbiyi, on February 27.

    He said: “I had this to say: ‘My Lord the Chief Justice, it may not be out of place to seize this opportunity to comment on somewhat tangentially related national event: the abduction a few days ago, according to press reports, of about 105 girls at the Government Girls Secondary and Technical School Dapchi Yobe State, the same region where Hon. Justice Ogunbiyi hails from.

    “It is indeed, a matter of great tragedy that the part of the country that produced such eminent women is now perhaps one of the unsafest parts of the world for female children to attend school.

    “Who knows how many Clara Ogunbiyis are amongst those innocent young girls now in captivity? The least that any country owes to its generation of young children is a safe place to learn.

    “The NBA, therefore, wishes to use this opportunity to condemn very strongly the abduction of these young girls and calls on the Federal Government of Nigeria to use all means within its powers to secure the safe return of these children to their parents and communities.

    “We further call on the Government to as a matter of urgency review the security of all schools, especially boarding schools for girls in the region and if necessary, suspend for the time being, the boarding system until the safety of all such schools can be fully guaranteed.’”

    Mahmoud said the recent events represent perhaps one of the greatest failures of the Nigerian State – its failure to guarantee a safe learning environment to its most vulnerable segment of the population.

    “It is even more tragic against the backdrop of the failure to secure the release of the more 100 Chibok girls still in captivity nearly four years since their abduction. The pain and agony of these parents can only be imagined.

    “I want to, therefore, reiterate my call early on Monday that the Federal and State Governments should as a matter of urgency suspend the boarding system in the affected states of the Northeast region, especially for girls until the safety and security of the children can be guaranteed.

    “We urge the government to do whatever is necessary including seeking appropriate international assistance to secure the release of these girls and reunite them with their families,” Mahmoud said.

    Kwara State Governor Dr. Abdulfatah Ahmed said the meeting came at a time of great national economic challenges, but flourishing prosperity in the  state.

    He said: “While these national challenges have stimulated renewed agitation for an amendment of our constitution, we prefer to focus on the endogenous opportunities available to us.

    “As a result, we have not only achieved economic stability and guaranteed the entitlement of workers,we have also implemented radical revenue reforms that are today funding our rapid development programs.

    “Having brought all inherited projects to fruition, our administration established the innovative Kwara State Infrastructure Development Fund (IF-K) to fund new medium and large scale infrastructure.

    “For instance, we are constructingthe Geri- Alimi Split Diamond Interchange in response to the rapid influx of people.

    “This influx is due to our reputation for harmony, growing infrastructure and unique location as a gateway to the north and south.”

    The govenor said in a bid to reduce road accidents, improve safety and boost the night economy, the state introduced Light-Up Kwara (LUK), a solar street light project, powered through the Solar Farm tunnels across the metropolis.

    “Through LUK, we are also taking the lead in stimulating a green economy in Kwara State as we prepare to extend the scheme across the state, including rural areas.

    “In line with our commitment to expanding access to education, we are currently constructing campuses of the Kwara State University in Osi, Ekiti and Ilesha- Baruba, as well as a Post Graduate School, here in Ilorin.

    “These projects and others too numerous to mention here are funded throughIF-K under which a cumulative N10b has been disbursed so far.

    “The projects cut across the road, education, energy and media sectors in the two years since IF-K’s establishment in 2016. IF-K, and the strides it has made possible, testify to our resourcefulness and determination to thrive despite current challenges in the national economy,” Ahmed said.

     

  • ‘Stop discriminating against persons with disabilities’

    ‘Stop discriminating against persons with disabilities’

    The Lagos State Office of the Public Defender (OPD) has urged people to shun discrimination against Persons Living with Disability (PLWD).

    OPD Director, Mrs. Olubukola Salami, said PLWD had the same rights as their able-bodied counterparts under the law.

    She spoke last week at the National Stadium, Lagos, on the theme: ‘Say no to discrimination against Persons Living with Disability’, as the agency marked OPDZero Discrimination Day.

    The event featured OPD officials and participants from the Lagos State Office for Disability Affairs (LASODA).

    Nollywood actor and member, Lagos State House of Assembly, representing Surulere Constituency 1, Desmond Elliot, joined the group on a roadshow from the National Stadium to Ojuelegba.

    Salami said: “We must take all measures to ensure the full and equal enjoyment of all human rights and fundamental freedoms, including equal access to health, education and recreational services by Persons Living with Disability to ensure the recognition of their dignity, to promote their self-reliance, and to facilitate their active participation in the state.

    “In order to ensure all inclusive governance, the state government established the Lagos State Office for Disability Affairs (LASODA) to cater for their needs through the Lagos State Special People’s Law.

    “The law seeks to uphold the rights of persons living with any form of disability (PWDs) in Lagos State by safeguarding them against any form of discrimination and giving them equal rights and opportunities.

    “OPD is determined to ensure that the poor, the physically challenged, pensioners, widows and other disadvantaged members of the society who cannot afford the legal fees of lawyers are not left without necessary support, to make life meaningful to them.”

    She urged people to stop treating those PLWD with pity “rather, they should be treated with respect. All human being are equal.”