The Nation Newspaper

Category: Law

  • Group seeks end to faceoff over Magu

    President Muhammadu Buhari has been urged to end the faceoff between the Executive and the Legislature over the confirmation of the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu.

    A rights advocacy group, Citizens United for the Rehabilitation of Errants (CURE-Nigeria), said is imperative for both sides to sheathe their swords in view of the negative impact of the conflict on governance and the nation’s democracy.

    CURE-Nigeria’s Executive Director, Sylvester Uhaa, noted in a statement  that the rift, which has resulted in the National Assembly’s refusal to screen and confirm nominees sent to it by the President for appointment to government agencies, was dangerous for our country because these agencies cannot function optimally without heads.

    He noted that the National Assembly’s refusal to confirm the Executive Secretary of the National Human Rights Commission (NHRC) and the delay in constituting its Governing Board for over two years have incapacitated the commission and affected its image in the international community.

    Uhaa added: “If something is not done quickly about this, the commission will once again, be reduced to a toothless bull dog, existing only in name, but incapable of doing the work it was established to do. This will be very sad and must be avoided.

    “The strength of our democracy lies in the strength and ability of our institutions to work effectively, independently and optimally. And this cannot happen when key institutions do have heads or the required boards in place to function.

    “I, therefore, call on the National Assembly (NASS) and the Executive, to quickly resolve their differences in the interest of the nation to allow this country move forward. They cannot continue to allow their personal and political interests to hold the entire nation to ransom.

    “We cannot continue to have institutions that do not work and exist only in name, but receive budgetary allocations each year and expect that Nigeria will change. Similarly, I am saddened that the political class is talking more about 2019 elections and very little about governance and how to move this country forward.

    “I am sad that the 2018 budget has not been passed and may not be passed any time soon because heads of many agencies are not willing to defend their budget proposals before the NASS.

    “And I wonder if this is not a deliberate plot by the ruling class to delay the passage of the budget until deep into the year when the entire atmosphere is saturated with political campaigns and activities and people are focused on elections so that they can safely divert the money.

    “I call on the NASS to speed up the passage of the budget to ensure its implementation and impacts on the lives on Nigerians,” Uhaa   said.

     

     

     

  • SAN preaches integrity to young lawyers

    A Senior Advocate of Nigeria (SAN) Mr Paul Usoro (SAN)   has urged young lawyers to uphold the integrity of the Bar.

    He said lawyers have a role in facilitating socio-economic and political development, but they can only do so if they uphold the highest ethical standards.

    Usoro was the lead speaker at the first Annual Law Week of the Nigerian Bar Association, Ile-Ife Branch.

    Speaking on the theme: Integrity of the Bar and Bench as a panacea for socio-economic development in Nigeria,  Usoro noted that lawyers must maintain a high level of personal integrity in order to promote that of the Bar and ultimately effect positive societal change.

    While encouraging lawyers to maintain the highest level of professional standards he said: “The major threats to the integrity of the Bar are attributable to both human and institutional factors.

    “Lack of personal integrity and discipline are two major human factors that can hinder the progress of the Bar, while undue interference of the government, weak regulatory frameworks, poor education, remuneration and income for lawyers and financial dependence of the Judiciary on the Executive arm of Government are chiefly institutional problems.

    “All of these factors, have telling consequences including delayed justice, subversion of the rule of law, civil unrest, loss of confidence in the judiciary as well as capital flight by investors, which consequences have adverse effects on the country’s socio-economic development.

    “Efforts must be in place by both individuals and relevant institutions to address the integrity deficit in the Bar. The Nigerian Bar Association as an institution of change must raise its voice on critical issues as it concerns the nation’s well-being.

    “The Bar has a critical role to play in the socio-economic wellbeing of the polity. It is the grand promoter of the rule of law and must raise its voice, especially when there is a subversion of the course of justice. It is important that competent people are elected to lead the Bar because this is also crucial to the integrity of the Bar itself,” Usoro said.

    Usoro’s firm, Paul Usoro & Co (PUC) , has started receiving entries for the second edition of its pro bono challenge with the theme: My Pro Bono Story.

    According to the firm, the initiative is aimed at rewarding the selfless and sacrificial efforts of lawyers who go the extra mile to defend the defenseless.

    The six most-compelling cases will be rewarded with N100,000 each, PUC said. According to the organisers, each participant is expected to create a short video (maximum of two minutes) which could be shared via Instagram, Facebook or via email (puchallen ge@gmail.com).

     

     

     

  • Stormy ride for suspended Abia CJ

    Stormy ride for suspended Abia CJ

    Although a firm and brilliant jurist of great intellect, suspended Chief Judge of Abia State Justice Theresa Uzokwe had a turbulent tenure. She clashed with lawyers and the state government, which allegedly tried to undermine her. Correspondent SUNNY NWANKWO revisits some of the controversies that dogged her reign. 

    Calm is returning to the Abia State Judiciary after the swearing in of Justice Onuoha Ogwe as the Acting Chief Judge (CJ) following a directive by the National Judicial Council (NJC).

    The Abia State House of Assembly suspended Justice Theresa Uzoamaka Uzokwe as the CJ on January 26 based on a petition against her by a group, the Global Centre for Peace and Justice.

    Following Justice Uzokwe’s suspension, Governor Okezie Ikpeazu swore in Justice Obisike Orji as the acting CJ. But the NJC kicked.

    On January 31, it overruled the governor, suspended and queried Justice Orji, asked Justice Uzokwe to stay away from office, and directed that Justice Ogwe be sworn in as Acting CJ.

    Justice Ogwe’s swearing in on February 5 brought to a climax a series of intrigues and controversies that characterised Justice Uzokwe’s time in office.

    Her suspension and subsequent replacement followed disagreements with the state government, which apparently felt that she had to go.

     

    Lawyers’ clash with Uzokwe

     

    Former Governor Theodore Orji, on December 22, 2014 swore in Justice Uzokwe as the substantive CJ following the death of Justice Ijeoma Offonry, but lawyers under the auspices of the Aba Branch of the Nigerian Bar Association (NBA) protested against it.

    The branch had on June 22, 2011, criticised the governor for appointing Justices Offonry, Uzokwe and Justice Shedrack Nwanosike as acting CJs within months. To the NBA, it was illegal to appoint three acting CJs within such a short time.

    It accused the government of committing illegalities by not allowing both Justice Offonry and Justice Nnenna Otti, who also acted, to complete their terms. It alleged that it was all in a bid to make way for the preferred candidate, Justice Uzokwe.

    The issues cropped up following the retirement of Justice Ndudim Imo. NBA thought it was wrong for the state not to allow successive acting CJs to complete their tenure before new ones were appointed in acting capacity.

    The lawyers, on October 16, 2013, expressed their disaffection with Justice Uzokwe. During a valedictory court session in honour of the late Chief Simeon Ihekwoazu at the Aba High Court complex, the Branch members and others insisted that Justice Uzokwe would not preside over the special court session.

    They accused her of high handedness and disrespect for lawyers. The event was put on hold, with lawyers resolving to boycott her court.

    An eyewitness said matters would have degenerated had the Judge not left the venue as some of the lawyers vowed not to allow her preside over the session.

    “We have continued to boycott her court since 2012. She doesn’t attend our functions but I don’t know what brought her around. We insisted that she cannot preside over the special session. Thank God she left because we were determined to not to allow her,” a lawyer said.

    On why lawyers resisted Uzokwe, another lawyer said: “The special High court session for the dead is also a court sitting with the proceedings recorded. Speeches made by chairmen of the branches are tendered as exhibits.

    “The Attorney-General and the leader of the Bar also made speeches that were recorded as well. The presiding Judge and his colleagues will make an order. So, it is a court sitting.

    “Justice Uzokwe cannot preside over any function where members of Aba NBA are in attendance until she is transferred out of Aba Judicial Division.”

     

    Uzokwe’s clash with

    state government

     

    Justice Uzokwe hails from Anambra State. As lawyer, she spent over 30 years in practice. During the 2016 new Legal Year programme in Umuahia, Uzokwe complained that the state did not provide official residence for her and other judges in Umuahia, hence their having to live in Aba.

    She said official residence the government provided for her was in a state of disrepair.

    She also complained that other senior judges in the state were not provided with official residences, pointing out that they also operated from their private residences.

    Justice Uzokwe said the state judiciary did not have enough courtrooms and that the magistrate courts were the worst hit. She lamented that magistrates shared court rooms on rotational basis.

    “There are seven court halls in the state judiciary headquarters in Umuahia and we have 14 magistrates of different cadres sitting regularly,” she said.

    Justice Uzokwe said the accommodation problem contributed to congestion in the magistrate courts.

    She said the situation also contributed to prison congestion and violation of human rights as magistrates were unable to attend to all cases promptly.

    “The solution lies in building more court halls,” she said.

    Justice Uzokwe added that the court system needed to be computerised to do away with the use of manual and archaic recording and storage systems.

    But, her claims did not go down well with the state government. In a swift reaction, the state denied Uzokwe’s assertions that she had no official accommodation.

    It insisted that she had an official accommodation near the House of Assembly Speaker’s abode on Okpara Avenue near Government House, Umuahia.

    The Attorney-General and Commissioner for Justice Umeh Kalu (SAN) said Justice Uzokwe operated from Aba “out of her own volition,” adding that the government did not deny her accommodation.

    Kalu said Uzokwe had requested that her official quarters be renovated, and had brought a quantity surveyor, who assessed the work and gave a bill of N80 million.

    He said the CJ also nominated the contractor and personally supervised the work. Umeh said N30 million was released for the renovation, adding that Uzokwe was receiving her housing allowance.

     

    Emergence of Judicial Commission factions

     

     While the dust raised by her claims was yet to settle, two factions of Abia State Judicial Service Commission (AJSC) emerged in 2017. Loyalty was divided. Some pledged their loyalty to Uzokwe; others vowed to obey Kalu. Thus, the commission became polarised.

    Kalu alleged that Uzokwe wanted to annex the Commission to her office, rather than allow it operate from its office as had been the practice.

    The commission’s headquarters was almost abandoned at some point. Its conference room was under lock and key.

    Problem started when the House of Assembly received a petition against a Grade 1 Magistrate, who had stayed beyond her retirement age.

    After deliberating on the petition, the House indicted the commission and recommended to Governor Ikpeazu to dissolve and reconstitute it.

    The governor accepted the recommendation and nominated new members. But those who were sacked felt aggrieved.

    They sued, and obtained an ex-parte order on December 5, 2016 restraining the governor, Kalu, the House, Uzokwe and the Commission from taking any action until their motion on notice was heard. While the case was pending, the former and the new members continued to meet separately. The former members met at the High Court.

    Kalu, at a briefing, said the former AJSC members remain dissolved. He restated that the governor had reconstituted the commission, and described the restraining court order as “worthless”.

    He argued that the new members had been reconstituted before the Order was made, adding: “You cannot restrain an action that has already been done.”

    But, the dissolved faction disagreed with Kalu. A member, Augusto Kanu, said the governor had not reconstituted the commission.

    He insisted that the restraining order was valid, which explained Justice Uzokwe alleged refused to meet with the new members of the commission.

    She was said to have resolved not to recognise them until the court resolved the issue.

    “Nobody is questioning the authority of the Governor, but the Constitution says ‘remove’ not dissolve. The Constitution makes provision for removal not dissolution and for you to be removed, the person will be given opportunity to defend himself.

    “The Judiciary is not run by the Ministry of Justice. What we are experiencing here is interference. Lies are being told against the Judiciary. The level of antagonism is such that we are being denied our allowances while the other people are being paid.

    “There would be no Judicial Service Commission without the Chief Judge being there as Chairman. So whatever they do is illegal,” the former member claimed.

    But, Kalu maintained that due process was followed in dissolving the commission.

    “The way forward is to apply the letters of Constitution. JSC is not an extension of Chief Judge’s office. It is an executive body; all appointments are made by the Governor. But the CJ wants to annex the office to her office,” Kalu had alleged.

    The climax

    The rift between Justice Uzokwe and the state government got to a head when the House of Assembly suspended her.

    According to the lawmakers, Justice Uzokwe allegedly disrespected the governor, and allegedly did not get along with other judges. They accused her of other improprieties as contained in the petition against her.

    Justice Uzokwe was accused of tyranny and gross misconduct. The House said her suspension and replacement was “in order not to create a lacuna within the justice system in the state.”

    However, a lawyer Mrs Carol Ajie, who claimed to be part of Justice Uzokwe’s legal team, said her client’s suspension was “stage-managed and atrocious”.

    She said Justice Uzokwe was not served with the petition on the basis of which she was removed.

    “Shouldn’t she have been served so as to look into it and respond?” the lawyer asked.

    According to Ajie, Justice Uzokwe’s problems started shortly after her appointment simply because she was not an indigene of Abia State.

    She alleged that the state government undermined Justice Uzokwe’s powers by not carrying her along in dissolving the JSC which she chaired.

    Ajie noted that the parallel commission members terminated the appointment of High Court Chief Registrar, Elizabeth Akwiwu-Chukwu and replaced her with Ben Anyanwu, without the CJ’s input.

    This was said to have resulted in Justice Uzokwe’s refusal to work harmoniously with Anyanwu.

    “The posting of magistrates from one jurisdiction to another was resisted and unlawfully countermanded by the state on the authority of the parallel JSC between November and December 2017,” Ajie said.

    A senior lawyer, Donatus Ikpeogu said Justice Uzokwe’s suspension was “very unfortunate”.

    “The action of the Abia State House of Assembly is illegal. It’s only the NJC that has power to discipline erring judges in the country,” he said.

    Besides, he said any petition against a judge ought to be sent to the NJC rather than the House.

    “If the action of Abia State House of Assembly had stood, it would amount to interference. It would mean there’s no separation of power and that the judiciary is subordinate to the wimps and caprices of the House of Assembly.

    “I align myself with the NJC for dealing with the judge that was used by politicians to try to discredit the judiciary. I also align myself with the NJC decision telling the CJ to excuse herself from the office,” he said.

    Chairman of NBA Aba Branch Bob Ogu urged the NJC to temper justice with mercy in dealing with Justice Orji for agreeing to be sworn in after Justice Uzokwe’s suspension.

    “The House should have forwarded their recommendations to the NJC, which would look into it and if they agreed with the House, they’d recommend her removal to the governor. It shouldn’t have moved straight from the House to the governor,” he said.

    On Orji, the chairman added: “NJC has passed a message to all the judges: ‘You don’t present yourself to be sworn in as acting CJ.’ But, in this circumstance, there was no instruction to any judge not to present.

  • NJI to hold workshop for judges March 6

    THE National Judicial Institute (NJI) will hold a workshop on Local Content Law on March 6 for judges.

    Former Chef Justice of Nigeria (CJN), Justice Alfa Belgore said the event planned for Abuja, is intended to equip judges with the  understanding of the Nigerian Oil and Gas Industry Content Development (NOGICD) Act.

    Belgore noted that such training  was necessary for the successful implementation of NOGICD Act and the Nigerian Content Development and Monitoring Board NCDMB operational guidelines.

    He said: “Considering the enormous positive impact this legislation is intended to have in the country’s oil and gas industry, and by extension, the nation’s economy, clear understanding of the philosophy and intended objectives of the Act by our judges and justices is considered critical to its sound interpretation, effective compliance and enforcement.

    “NCDMB has tried since inception, using the carrot approach to get the operators and oil servicing companies to comply with the Nigerian Oil and Gas Industry Content Development Act.

    “It is time for the Judiciary to move the industry into the next gear by applying the stick within the rule of Law so that the objectives of the Local Content Act can be realised for the benefit of all,” Belgore said.

    The ex-CJN observed that NOGICD Act was enacted to build, promote and develop local capacity through human capital development, technology transfer and job creation.

    A Professor of Energy Law and Policy, Niyi Ayoola-Daniels said the workshop, being held by NJI, Juris Law Office and NCDMB, is part of efforts by the NCDMB Executive Secretary, Simbi Kesiye Wabote to promote the understanding of the law among critical stakeholders.

    Ayoola-Daniels, founder of Juris Law Office, said NCDM’s preference for the rule of law, as against deploying other means to achieve its objective, informed his support for the workshop.

    The workshop is expected to be declared open by the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, while the President, Court of Appeal, Justice Zainab Bulkachuwa and the Acting Chief Judge of the Federal High Court, Justice Adamu Abdul-Kafarati, are expected in attend it.

     

  • Is plea bargaining still fashionable?

    Is plea bargaining still fashionable?

    In the past one year, some high profile suspects have lost five plea bargain proposals. This is unlike the past when suspects got away with “slaps on the wrist” under plea bargains. Among those whose proposals were rejected are former First Lady Dame Patience Jonathan, and former minister of the Federal Capital Territory (FCT) Jumoke Akinjide. JOSEPH JIBUEZE highlights new provisions in the plea bargaining law; the key features of the Plea Bargain Manual, and  why those proposals failed.

    Unlike in the past when plea bargaining was subject to abuse and attracted criticisms, only a few recent plea bar-gains have succeeded. Others have failed. Most suspects of high-profile corruption cases may have refused to opt for plea bargain with the Federal Government because of new stringent conditions.

    Section 494 of the Administration of Criminal Justice Act (ACJA) 2015 defines plea bargain as: “The process in criminal proceedings whereby the defendant and the prosecution work out a mutually acceptable disposition of the case; including the plea of the defendant  to a lesser offence than that charged in the complaint or information and in conformity with other conditions imposed by the prosecution, in return for a lighter sentence than that for the higher charge subject to the court’s approval.”

     

    Some failed plea bargain talks

    The most recent failed plea bargain proposals involved wife of former President Goodluck Jonathan, Patience, and former Federal Capital Territory Minister Jumoke Akinjide.

     

    Mrs Jonathan

    Mrs Jonathan attempted to settle out of court the “strange” payment of $11,489,069.03 into her domiciliary accounts, among others.

    The Economic and Financial Crimes Commission (EFCC) said 31 individuals and companies made “questionable deposits” in her Skye Bank and First Bank accounts between 2013 and 2017.

    Mrs Jonathan is also involved in several forfeiture proceedings involving multi-million dollars at the Federal High Court. In one of the cases, she is praying the court to unfreeze her accounts containing $15.5 million.

    In another case, EFCC is seeking the forfeiture of her $8.4 million and N7.35 billion, among others.

    The commission said the funds were “proceeds of unlawful activities”. Mrs Jonathan denied the allegations, saying the money were either inherited, or were cash gifts.

    In a January 30 letter to the EFCC, her counsel Chief Ifedayo Adedipe (SAN), wrote: “… We have thought it fit to engage your commission in a discussion over all issues involving her and the commission with a view to having amicable resolution of all cases as stated above.

    “This will enable both sides create an atmosphere for mutual understanding and peaceful coexistence. We will therefore appreciate it, if you can give us an appointment at your earliest convenience to have a discussion over all matters involving her and members of her family. We believe that an amicable settlement will be in the best interest of both your commission and our client.”

    But, the EFCC rejected the offer. It asked the ex-First Lady to come before a court by entering into a plea bargain in line with the laws as it would only accept a court-sanctioned agreement.

     

    Ex-Minister Akinjide

    Akinjide on February 6 told the Federal High Court in Lagos that she was holding settlement talks with the EFCC.

    She, a former Oyo Central representative, Senator Ayo Adeseun, and a Peoples Democratic Party (PDP) chief, Mrs Olanrewaju Otiti, were accused of laundering N650 million.

    EFCC said they allegedly received the money from former Minister of Petroleum Resources Mrs Diezani Alison-Madueke (named in the charge as being at large) ahead of the 2015 general elections.

    EFCC was set to call its first witness when Akinjide’s lawyer Chief Bolaji Ayorinde (SAN) said the N650 million had been returned to the Federal Government.

    But, EFCC, through its lawyer Nnaemeka Omenwa, who stood in for lead counsel Rotimi Oyedepo, on February 22, rejected Akinjide’ offer. He said he was instructed to turn down the proposal.

    “I have instruction to reject the proposal as it’s not in line with the provisions of the ACJA. Based on that, we’re ready to go on with the trial,” he said.

    Adeseun’s lawyer Michael Lana accused EFCC of a breach of agreement, saying Oyedepo initiated the settlement.

    “That’s like 419. We’re highly disappointed with Oyedepo,” Lana said.

    But, Omenwa said there was no proof to support the claim. “There is no documentary evidence that they had any such agreement with Oyedepo that they should withdraw their (civil) suit (against Oyedepo and EFCC). There’s no evidence before my Lord,” he said.

    Justice Hassan ruled that since settlement talks had “broken down,” EFCC was at liberty to call its witness. Trial began immediately.

     

    Ex-NIMASA chief

    A former Nigerian Maritime Administration and Safety Agency (NIMASA) Acting Director-General Haruna Jauro, through his lead counsel, Babajide Koku (SAN), told the Federal High Court in Lagos that his client was exploring a plea bargain with the EFCC after Jauro had pleaded not guilty to N304.1 million fraud.

    On the day the case was adjourned for report of settlement, Jauro’s other lawyer, Olalekan Ojo, said his client had withdrawn from the talks. Trial continues on March  6.

     

    Ex-Air Chief

    A former Chief of Air Staff, Air Marshal Adesola Amosu (rtd), charged with laundering N21 billion, had initially proposed plea bargain talks with the EFCC. A source in the commission said Amosu returned about N2.6 billion to the Federal Government.

    Chief Ayorinde, while arguing Amosu’s bail application before Justice Mohammed Idris, said his client had returned “collossal sums”.

    EFCC arraigned Amosu along with a former Chief of Accounts and Budgeting at the Nigeria Air Force, Air Vice Marshal Jacob Adigun and a former Director of Finance and Budget Air Commodore Olugbenga Gbadebo.

    They were accused of converting N21 billion from the Nigeria Air Force around March 5, 2014 in Lagos.

    Following the parties’ inability to agree acceptable terms, the plea bargain was abandoned and trial commenced, with several witnesses testifying.

     

    Ex-INEC chiefs

     

    A former Independent National Electoral Commission (INEC) Administrative Secretary Mr Christian Nwosu had reached a plea bargain agreement with the EFCC, only for it to be rejected by the court last April 27.

    Nwosu had pleaded guilty to receiving N30 million bribe from former Mrs Diezani Alison-Madueke to rig the 2015 general election results. EFCC arraigned him, Yisa Adedoyin and Tijani Bashir before Justice Idris. They allegedly collected N264.88 million bribe on March 27, 2015 from the minister ahead of the election.

    Oyedepo said Nwosu opted for plea bargain and had refunded N5million and surrendered title document of a landed property he bought for N25million in Delta State.

    Justice Idris had convicted Nwosu, but during sentencing, the judge said after going through the plea bargain agreement, he found that it was not commensurate with the offence as specified on the Money Laundering Act.

    EFCC agreed with Nwosu that he would forfeit a landed property measuring 100ft by 80ft at Okotomi Layout, Obodogwugwu Quarters, Okpanam in Oshimili North in Delta State which was acquired with the bribe money; another landed property measuring 100ft by 50ft in the same location, as well as N5million recovered from him.

    The agreement reads in part: “That a fine in the sum of N500,000 is proposed to this court to be imposed on the first defendant upon his conviction on count seven of the amended charge.”

    Rejecting the agreement, Justice Idris said it was not commensurate with punishment for the offence, which is two years’ imprisonment or a fine of N10million or both.

    He said the prosecution and the defendant ought to propose a punishment within the range of the punishment stipulated in the law.

    “It is for the above reason that I find the proposal in paragraph four of the plea bargain agreement inadequate,” he said, adding that a “heavier sentence” was necessary.

    “The first defendant is hereby called upon to exercise his right as enshrined in Section 270 (15) of the ACJA to enable trial continue accordingly,” Justice Idris held.

    Nwosu chose to change his plea to not-guilty when he was re-arraigned. Trial is still ongoing.

     

    Successful plea bargains

    The Federal High Court in Lagos convicted Adedoyin for accepting over N70 million bribe from Mrs Alison-Madueke to rig the 2015 general election results. When the defendants were re-arraigned last May 3, Adedoyin, who earlier pleaded not guilty, changed his plea to guilty.

    Oyedepo urged the court to convict Adedoyin in view of his plea and to accept a plea bargain agreement reached with him, dated May 2, 2017.

    It was agreed in the plea bargain that Adedoyin would forfeit a parcel of land measuring 100ft by 100ft at Taoheed Road, Budo-Osho Village, Ilorin South Local Government Area in Kwara State.

    “That a fine of N10million is proposed to this Honourable Court to be imposed on him upon his conviction on count four of the amended charge.

    “That in paying the fine of N10 million, the defendant shall raise a draft of N5 million in addition to the sum of N5million already recovered from him,” the agreement reads in part.

    Ruling, Justice Idris held: “From the facts, the second defendant benefited in the sum of N28 million which has been fully recovered by the EFCC. The property of the second defendant in Illorin has been recovered. According to the prosecution, this property is worth more than N25 million.

    “And a draft in the sum of N5 million has been recovered and surrendered to the EFCC. In essence, assets and cash in excess of N30 million have been recovered by EFCC.  It’s not in contention that the second defendant is both elderly and a first time offender. Therefore, the court will temper justice with mercy…”

     

    Ongoing talks

    Amosu has resumed his plea bargain talks with EFCC. On February 12, his lawyers said he was holding fresh talks with the prosecution, a claimed that was confirmed by Omenwa. Justice Idris adjourned till March 7 for report on progress of the plea bargain talks.

    A retired Permanent Secretary in the Federal Ministry of Labour and Productivity, Dr Clement Illoh Onubuogo, informed the court that he was holding plea bargain talks with EFCC after the court ordered the forfeiture of N664,475,246.6 and $137,680.11 allegedly recovered from him.

    He is on trial for allegedly failing to declare N97,300,613.44, $139,575.50 and £10,121.52 found in three of his bank accounts while in office. Onubuogo pleaded not guilty to the charge.

    But the case took a different turn when Onubuogo was re-arrested over an alleged diversion of Subsidy Reinvestment and Empowerment Program (SURE-P) funds. It is not clear how the new development would affect the talks.

     

    Lucky Igbinedion’s case

    Some notable plea bargain agreements involving some high- profile suspects attracted criticisms.

    For instance, in 2008, the EFCC arraigned former Edo State Governor Chief Lucky Igbinedion at the Federal High Court in Enugu for alleged money laundering and embezzlement of N2.9 billion.

    In a plea bargain arrangement, the EFCC through its counsel Mr. Rotimi Jacobs (SAN) reduced the 191-count charge to one-count charge, with an agreement that Igbinedion would refund N500 million, three properties and plead guilty to the one-count charge.

    In line with the plea bargain, on December 18, 2008, Justice Adamu Abdul Kafarati (now Chief Judge of Federal High Court), convicted Igbinedion on the one-count charge.

    The judge sentenced Igbinedion to six months’ imprisonment or an option of N3.6 million. The verdict was seen by many as too lenient.

    The public outcry forced EFCC to file fresh charges against Igbinedion, but Justice Adamu Hosbon held that it would amount to double jeopardy and abuse of court process to try him again considering his plea bargain agreement in the previous case. The judge struck out Igbinedion’s name from 66-count charge.

     

    The Ibru case

    Defunct Oceanic Bank Managing Director Mrs Cecilia Ibru, who was accused of stealing over N190 billion, also entered a plea bargain with the EFCC. She was sentenced on October 8, 2010 after being convicted on 25 counts of fraud. She was ordered to refund N1.29 billion.

    After conviction, she served six months in “prison”, part of which she allegedly spend in a Highbrow Hospital. Critics saw it as a “slap on the wrist”.

     

    What the laws/lawyers say

    Before the passage of the ACJA, one of the legal provisions supporting the application of plea bargaining is Sections 14 (2) of the EFCC Act.

    It provides: “Subject to the provisions of Section 174 of the 1999 Constitution (which relates to the power of the Attorney-General to institute, continue, takeover or discontinue criminal proceedings…), the Commission may compound any offence punishable under this Act by accepting such sums of money as it thinks fit, exceeding the amount to which that person would have been liable if he had been convicted of that offence.”

    Section 270 of the ACJA allows parties in a criminal case to explore plea bargain.

    The section reads: “The prosecutor may receive and consider a plea bargain from a defendant charged with an offence either directly from that defendant or on his behalf; or offer a plea bargain to a defendant charged with an offence.”

    A lawyer, Mr M.N. Adam, explained that Section 270(3) of the ACJA provides that where the prosecutor is of the view that the offer or acceptance of a plea bargain is in the interest of justice, the public interest and public policy and the need to prevent abuse of legal process, he may offer or accept the plea bargain.

    Adam said while plea bargain saves time and cost, it could lead to indolence on the part of prosecutors, could be abused, or be forced on defendants.

    “The question may be asked: what is public interest? It is submitted that no acceptable standard or measure is available to give an apposite answer to this poser.

    “But, the Act provides for certain factors to be considered: the defendant ’s willingness to cooperate in the investigation or prosecution of others; the defendant ’s history with respect to criminal activity; the defendant ’s remorse or contrition and his willingness to assume responsibility for his conduct; the desirability of prompt and certain disposition of the case; the likelihood of obtaining a conviction at trial and the probable effect on witnesses; the probable sentence or other consequences if the defendant is convicted; the need to avoid delay in disposition of other pending cases and the expenses of trial and appeal, and the defendant ’s willingness to make restitution or pay compensation to the victim where appropriate,” Adam said.

    The lawyer believes the advantages of plea bargain far outweigh the disadvantages as is evident from the ACJA.

    “The ACJA has made a commendable revolution in the area of admiration of criminal justice in Nigeria especially on plea bargain having perceived the various shortcomings associated with the concept.

    “It is further submitted that plea bargain as copiously provided for under ACJA is constitutional, taking into consideration the fundamental right of the Defendant  to fair trial which is cardinal and fundamental criminal proceedings,” he said.

    Urging anti-graft agencies to make more use of plea bargain where necessary, he said: “The Federal Government in its fight against corruption should see plea bargain as an alternative to full prosecution especially in economic and financial crimes.

    “This is because economic crimes are usually complex and so much is involved in terms of time and cost, so it is easy for a prosecutor to agree to a plea offer to save time and cost.

    “This does not mean that the properties or money involved will not be forfeited or that the victim will be left to go scot free. The court will still convict and sentence accordingly as stated above.

    “All the states of the federation should amend both procedural and substantive laws to accommodate plea bargain in an extensive and comprehensive manner as provided under the ACJA 2015,” he recommended.

    Another lawyer, Bayo Adetomiwa of Matrix Solicitors, said while the plea bargain principle was becoming one of the most useful means of quick disposal of criminal trials worldwide, it could be prone to abuse, if not well regulated.

    Citing a Court of Appeal verdict in FRN vs Lucky Igbinedion (2014) LPELR – 22760 (CA), he quoted Justice Helen Ogunwumiju as listing the advantages of plea bargains.

    They include the fact that the accused can avoid the time and cost of defending himself, the risk of a harsher punishment, and partially eliminate the publicity the trial will involve.

    It saves the prosecution time and expense of a lengthy trial, and both parties are spared the uncertainty of going to trial. Ultimately, the court is saved the burden of conducting a trial on every crime charged.

    “While the plea bargain practice will do a lot good to our criminal justice system, it should be incorporated into the necessary rules that would prevent abuse of the process. It also needs to be incorporated into the Nigerian Constitution to have more force,” Adetomiwa said.

    A lawyer, Kehinde Adegbite, said the origin of plea bargaining in Nigeria could be traced to 2005 when it was first used by the EFCC in the trial of the former Inspector-General of Police, Tafa Balogun and later in the case of former Bayelsa State Governor, the late Diepreye Alamieyeseigha.

     

    The Plea Bargain Manual

    The Federal Government, in a bid to ensure that plea bargaining is not abused, sanctioned the production of the Plea Bargain Manual which guides prosecutors and judges.

    It was designed by the Presidential Advisory Committee Against Corruption (PACAC), chaired by Prof Itse Sagay (SAN).

    Section 2.0 (5) of the Plea Bargain Manual provides that suspects must forfeit everything they stole, including assets they cannot convincingly account for.

    The section says: “Consideration of a plea bargain or alternative method of disposal must be premised on the suspect or defendant forfeiting all the proceeds of his crime and/or all property not reasonably accounted for as been acquired by legitimate means.”

    The Manual, in sub-section six, also provides that all plea bargains must be “in public interest”.

    Other guiding principles provided in the Manual are as follows: “When considering plea bargaining or making decisions to dispose of a case by alternative means, the prosecutor or decision maker must be guided by some core principles: transparency, accountability, integrity, consistency, predictability and credibility.

    “The procedures followed should command public and judicial confidence; that any agreement reached is reasonable, fair and just; that there are safeguards to ensure that defendants are not under improper pressure to make admissions; and that there are proper records of discussions that have taken place.

     

    Preventing abuse

    PACAC Executive Director Prof Bolaji Owasanoye said the Plea Bargain Manual was statutory, and that his committee only created a framework for anti-corruption agencies and the government to take advantage of what is in the law.

    “If you’re about to enter a plea bargain, you have an obligation to put everything on the table. So, if the government finds that somebody who opted for a plea bargain agreement had withheld information, the agreement itself becomes inoperative,” Owasanoye said.

    On the courts’role in a plea bargain, the PACAC Executive Secretary said: “First, the agreement will be in writing and it must go before the court. If the court is dissatisfied or feels it is not in the interest of the state, the court can reject it. Plea bargain does not cut off judicial review of some sort. It also requires the approval of the Attorney-General.

    “So, these different levels of scrutiny ensure the state is not shortchanged. The misconception that plea bargain is designed to help the rich escape justice is not true at all,” Owasanoye added.

    A former International Prosecutor, Charles Adeogun-Phillips, believes plea bargaining must be in public interest and commensurate with the offence.

    After highlighting advantages of plea bargaining, he added: “Because we operate an adversarial system of criminal justice which is based essentially on the ability of the prosecution to prove its case beyond reasonable doubt, both sides are spared the uncertainty of going to trial.

    “The administration of criminal justice system, which is already lacking in resources, is saved the burden of conducting criminal trials for every crime charged, thereby reducing the caseload on a system which is already completely stretched and/or overburdened.

    “Although plea-bargaining is essentially a private process between the prosecution and the defendant/defence lawyer, it encompasses the need to address the needs and concerns of other stakeholders in the criminal justice process, namely the victims of the crime charged and or the wider public.

    “To this end, plea bargaining must be in the overall public interest, the interest of justice, must not give rise to the appearance of an abuse of the legal process, must reflect the gravity of the offence charged and must deliver justice to all the stakeholders in the administration of criminal justice process.”

    On how the plea bargain process can be best strengthened, Adeogun-Phillips, a Founding Partner at Charles Anthony LLP, said the legal framework needs a review.

    “Sadly, in my view, the existing legal framework for plea-bargaining in Nigeria as outlined at Section 270 of the ACJA 2015 is completely flawed. In that regard, it suggests that that plea negotiation should only be considered where there exists ‘insufficient’ evidence to prove the offences charged.

    “Why would any defendant enter into any plea negotiations when he or she knows that the prosecution cannot prove its case against him or her?

    “Commonsense would dictate that the thing to do in such circumstances will be to withdraw the charges levelled against the defendant for lack of sufficient evidence.

    “In addition, what makes the plea negotiation regime difficult in this environment is the complete absence of statutory sentencing guidelines to judges. Without mechanisms for uniform sentencing, there simply is nothing worth bargaining for.

    “As a criminal defence lawyer involved in a plea bargain negotiation, I should be able to say to my client with some certainty, that he or she is likely to end up with a sentence within a prescribed range, following his or her guilty plea to certain range of offences,” he said.

    In terms of the procedure and practice of plea bargaining negotiations involving “white-collar” criminal cases in Nigeria, Adeogun-Phillips suggested that where a defendant, by pleading guilty, decides to waive his/her right to a full trial, such waiver must be admitted by a court under very stringent conditions.

    “To this end, such a plea must be entered in full cognizance of its’ legal implications because to do otherwise, will vitiate the defendants’ right to presumed innocent until proven guilty.”

    On what is expected of judges, Adeogun-Phillips said: “It is further my view that judges need to assure themselves of the formal validity of the plea.

    “An example of this is that the guilty plea must not be ambiguous or equivocal – that is to say, the defendant cannot on the one hand plead guilty and similarly nullify his plea by claiming that he/she acted under duress or pursuant to superior orders or any other defence, which would exculpate him.”

    With regard to prosecutors, he said: “It should also be clear in such cases that the guilty plea must be voluntary and not obtained by threats, inducements or promises which in my experience is often the case in several ‘white-collar’ criminal cases in Nigeria.

    “Prosecutors must be trained to assess a multiplicity of factors, and in many cases, be strongly motivated to extend their concessions beyond the traditional promise of sentence discounts. It is not always true that a defendant who pleads guilty will receive a lenient sentence.

    “They must be mindful of the fact that public policy considerations may require that a lengthy sentence be imposed on a defendant even after a plea. This should be the case when the defendant was place in a position of public trust and is breach of such trust.

    “More importantly, it is my view that where a defendant pleads guilty to secure a tactical advantage – which is often referred to as a tactical plea, such a defendant cannot expect to receive a sentence discount.

    “This usually applies in cases were defendants are caught red-handed and a conviction is almost certain, it would be unusual for such a defendant to secure a discount.”

     

  • Child rights in 21st century education system

    Child rights in 21st century education system

    Principal Partner W.K. Shittu & Co and lecturer in the Department of Jurisprudence and International Law, Faculty of Law, University of Lagos (UNILAG), Mr Wahab Shittu, presented this paper at the 21st speech-making and prize-giving day of Deregos Private Academy, Lagos.

    Inclusive education and the school community

    Every student has the right to experience an education system which values their uniqueness and supports them to become successful and valued adults.

    There is collective responsibility for the wellbeing of the children and young people in our communities. But school communities, in particular, must understand the diversity of their students and families and offer a responsive and inclusive place for all. A flexible, relevant, inclusive and appropriate curriculum is fundamental to building wellbeing and resilience.

    For example, in Nigeria the girl-child, in comparison to the opposite sex is usually subjected to demeaning and destabilising situations that places her in a disadvantaged position in the society. Stakeholders in the education sector are therefore urged to inject new innovations into the school system to ensure non-gender discriminatory learning.

    Equity education for all, irrespective of gender should be a primary objective as quality and non-discriminatory education is a fundamental human right that should be availed to all persons irrespective of age, sex, and nationality.

     

    Identifying children at risk

    Many young people managing a health condition will encounter some difficulty, including learning difficulties, during their school life. Schools must have strategies and processes in place to identify when a student is at risk of disengaging from learning or from school. Early intervention is essential.

    Risks for students may involve individual, social, emotional or physical factors. They may also be related to family or community factors.

     

    Responsible teachers and schools

    All teachers have a responsibility to respond when a student experiences difficulty with their schooling. Schools have a responsibility to support their teachers by developing a planned, sequential and detailed whole-school approach to student support and by providing relevant professional learning.

     

    Adjustments within the school

    An education provider must make ‘reasonable adjustments’ to accommodate a student with disabilities. An adjustment is a measure or action taken to assist a student with disabilities to participate in education and training on the same basis as other students.

    An adjustment is reasonable if it does this while taking into account the student’s learning needs and balancing the interests of all parties affected, including those of: the student with the disability, the education provider,           staff and other students.

     

    Education in the 21st century:

    the challenges

    The entire globe is grappling today with an unbelievable rise in violence, crime and worrisome deterioration in the societal moral bearing, responsible citizenship as well as employability skills; with growing number of complex socio-emotional and environmental challenges. At the same time Education, Innovation, Technology & Employability have emerged as the biggest riders for our successful sustenance on this planet. In order to ensure that our students can thrive successfully in 21st century, our schools and our education system will have to keep pace with the changing time.

    There is a need to recognise the importance of areas such as social and emotional learning, culture and the arts, and health and nutrition in 21st century education. For example, South Africa’s national curriculum statement indicates that, upon completing formal education, students should be able to identify and solve problems and make decisions using critical and creative thinking as well as work in collaborative environments. It further states that students should learn to communicate effectively through the use of visual, symbolic, and language skills; be able to use science and technology; and demonstrate responsibility toward the environment, the health of others, and an understanding of the world.

    Despite ambitions such as these, many students continue to learn in traditional school environments where they sit at desks, passively listen to a teacher’s lecture, and memorise a limited curriculum that is further reinforced through often outdated assessment practices. Teachers often receive little professional support to deliver a balanced curriculum and may, if curriculum are not updated and resourced, continue to use instructional practices that emphasise memorisation and repetition. Students in these settings tend to spend most of their class time bored and disengaged. In other cases, students are burdened with an excessive amount of content. Students in these learning environments are unable to learn at their own pace often leading to delays in the development of critical skills.

    All children deserve to have quality learning opportunities to develop to their full potential, an idea that is reinforced by the Sustainable Development Goals, in particular Goal 4 on Education. Aligning national goals with classroom practice and ensuring that teachers have the ability to teach breadth of skills—shifting from a narrow focus on literacy and numeracy—is an important step toward preparing students to tackle 21st century challenges.

    Also, teachers and education are of crucial importance in preparing young people and societies for the future. Investing in education and in building a strong teaching profession makes good sense. Denying teachers the essential means to foster learning in the classroom is a crime against our children’s future and violates international law.

    Education is strongest in those societies which value and support their teachers and education systems, and in which the morale of teachers is high.

    Comparative studies reveal that the strongest education systems are those in which most teachers are proud to be a teacher, and encourage their best students and their children to join what is a high status profession.

    Given the challenges facing society in the 21st Century, teachers are being required to take on new roles and must have the knowledge, confidence and resources needed to fulfil legitimate expectations of the community. Teachers must also learn throughout life and develop new skills if they are be effective in teaching others to learn to know, to do, to be and to live together.

    Teachers have a crucial role to play in not only the execution of any educational reform designed to help societies prepare for the future, they must be intimately involved in the conception and design of reforms from the outset.

     

    Conclusion

    There are important roles that all individuals and stakeholders should play to ensure that the institutional structure dedicated to the provision of basic primary and Secondary education is set up not only to provide children with access to a vague notion of education but to a notion of basic education that can provide children with the freedom to do something with that education once they have obtained it. In doing this, an understanding of a child’s rights under the system is very crucial, particularly in the 21st Century.

    The key purpose of education is to ensure that all students gain access to knowledge, skills, and information that will prepare them to contribute to the world’s communities and workplaces.  This becomes more challenging as schools accommodate students with increasingly diverse backgrounds and abilities. As we strive to meet these challenges, the involvement and cooperation of educators, parents, and community leaders is vital for the creation of better and more inclusive schools. Inclusion is what comes naturally to an inclusive society.

    Now more than ever, children require a new generation of skills to navigate various contexts within our dynamic environment. We have seen over the past decades that access to literacy and numeracy is not enough. Ensuring that the application of education systems provide children with opportunities to develop a broader set of skills for life, learning, and work will allow them to participate effectively and make meaningful contributions to their societies and the world.

    In Nigeria, the rights of a Child in the 21st Century Education system must be understood in the context of the contribution of the child to national development. In getting the child to deliver on the developmental aspirations, a stable environment must be created within the school environment for the child to thrive. This would entail creating necessary systems, structures and infrastructure to enable the child actualize his/her potential.

    The stark reality of our country’s economic regression presently can be mitigated if the child is clear headed and focused to recognize opportunities, particularly in certain critical sectors such as agriculture, technology and e-commerce. Agriculture because nearly about 180 million Nigerians have to be fed and as such the farmer will always remain relevant. Education must also prepare the child for advances in technology and e-commerce. There are also opportunities in the unconventional business sector such as entertainment in the broad sense including music, movies and material (fashion). The child must be encouraged in the 21st Century to focus on his/her passion without limitations.

    It is only when all of these factors are considered in the education of the child, particularly in the 21st Century that we can all beat our chest that the future of the child, undoubtedly the leader of tomorrow is fully assured and guaranteed.

     

  • Lagos CJ’s score card in 100 days

    Lagos CJ’s score card in 100 days

    At her inauguration last October as the 16th Chief Judge (CJ) of Lagos State, Justice Opeyemi Oke, promised that the judiciary would uphold the rule of law, stamp out  corruption and ensure the speedy dispensation of justice.

    Justice Oke promised improved public access, transparency and accountability to boost confidence of the public in the judiciary. In addition, she promised to key into the vision of the governor to transform the Judiciary, such that it would stand shoulder to shoulder with any other  in any part of the world.  She said it was a new dawn.

    Governor Akinwunmi Ambode, who swore in the Chief Judge, had called for more reforms aimed at fast-tracking justice delivery without necessarily compromising the fundamental principle of fair hearing and the rule of law in the judiciary.

    On areas requiring improvement, Ambode called for a Judicial system that would improve speed of justice delivery so that the wheel of justice can roll faster without having to  compromise the fundamental principle of fair hearing and the rule of law. The governor charged the CJ to sustain and improve on the reputation that the state Judiciary had built over the years.

    About 100 days down the line, how has the Judiciary fared under her watch?

     

    Assumption of office

    The first task of Justice Oke, on assumption of duty, was to herald the 2017/2018 new Legal year tagged: the Golden Jubilee of the Lagos Judiciary. The five-day event had notable legal personnels, including members of the bar and the bench, in attendance. Highlight of the new Legal Year programme was a seminar held to determine the way forward and achieving a desirable judiciary system in Lagos.

     

    On corruption

    One issue stands Justice Oke out among her peers: her resolve to rid the state judiciary of corruption. Upon her assumption of duty, Justice Oke used the platform of the new legal year, her first official outing, to announce that it was no longer going to be business as usual. In her address, she warned the bar against unnecessary adjournments, saying that any lawyer caught in such unholy practice stands the risk of losing his practice licence.

     

    Arraignment of workers for alleged

    corrupt practices

    To match her words with action, Justice Oke disclosed plans to arraign some workers of the judiciary for alleged corruption.

    They include three workers in the Litigation Registry of the Lagos State Judiciary and a youth corper (names with held) arrested for alleged corrupt practices November. Also to be arraigned alongside the staff of the state judiciary was a tout who has been in the habit of impersonating as a staff of judiciary and defrauding court users.

    She said another court registrar is also going to appear before the Judiciary Service Commission soon for alleged corrupt practices.

    She said the magistrate the registrar was working with filed a report against him that he asked a party in a suit to pay him N50,000 to get the court to make an order in his favour.

    Justice Oke said the workers had appeared before the Lagos State Judiciary Staff Commission, which looked into the matter against them, adding that the incident marked the end of their career.

    “The bar is also determined to fight corruption with us. The members of the bar are the users of the court. They too have promised to report back to us”, she said.

    Justice Oke said the bar had also resolved to flush out “ accidental lawyers” in their midst in their determination to fight corruption in the Judiciary.

     

    Commitment statement

    As part of her efforts to change the face of the judiciary in the state, Justice Oke came up with a commitment statement which today has become a guiding principle of effective service delivery in the judiciary. It stated:

    “ We the staff of the Lagos State Judiciary are committed to Lagos State and the Community.

    “Our mission is to provide quality and professional service in a knowledgeable manner.

    “We take pride in our work and hold ourselves accountable to the highest standard of performance. “Our goals are achieved through mutual co-operation, a strong sense of integrity, a positive attitude and team work”.

    The commitment statement was unveiled last November at Ikeja, Igbosere and Ikorodu high courts’ premises, Justice Taylor Magistrate’s court house, Igbosere, Botanical gardens, Ebute Metta Magistrate’s court premises and Yaba Magistrate’s court premises respectively and is hung in every court room.

    Justice Oke said the Commitment Statement being inaugurated was intended to embolden  the public to challenge any worker of the Judiciary who asked to be paid before serving them and to make formal report against such staff.

    “We don’t want anybody to destroy the Lagos State Judiciary. The Judges are fully in support of the fight we are waging against corruption in the system”, she stated.

     

    Visit to Badagry Prison

    On  November 9, Justice Oke was in Badagry, with Governor Akinwunmi Ambode for the inauguration of the Justice Thomas Court House. She took advantage of the event to pay an unscheduled visit to Badagry Prison, which has become famous for having children as inmates.

    The visit paid off as she freed four sick inmates who were being held in custody after being convicted for “having no visible means of livelihood”. Justice Oke had then questioned where such offence existed in the laws of the state and admonished the police to stop charging children to court for non-existing laws and magistrates to stop sending children to prisons.

     

    Workshop for service delivery

    On November 28, the Chief Judge  organised a four-day workshop for workers of the judiciary which has as its theme: Towards an efficient and effective administration of justice system in Lagos State.

    Justice Oke emphasised  that it was a new dawn in the Judiciary as her administration would not tolerate  any vices from any worker. The CJ  restated her commitment to fighting corruption in the judiciary to a standstill.

    She urged judiciary worker to key into her commitment statement designed to ensure efficient and effective service delivery  as stated in her new legal year address or be shown the way out of the system.

    “Let me state emphatically that it is a new dawn in the Lagos State Judiciary as this administration will not tolerate such vices from any member of staff. This administration will by the grace of God Almighty have zero tolerance for corruption in whatever form. The new Lagos State Judiciary must epitomise discip-line, honesty, hard work. integrity, credence, dignity, honour and zeal for results and excellence”.

    She said:”The essence of this workshop again is to promote a new ethical orientation into the consciousness of all staff. It has become necessary to do away with the old spirit of doing things and for a new spirit which will give positive image to the Lagos State Judiciary.

     

    Courts visits

    Last December, Justice Oke visited  court premises across the states to examine the state of the facilities  and the challenges and rehabilitate them into structures befitting status of courts.

     

    New dawn in the judiciary

    On January 2, Justice Oke introduced oath of secrecy and allegiance for supporting staff of judges who she said are bound by the same rules as the judges they serve. She emphasised the need for judiciary staff working directly with the judges to swore to the oaths and be part of the oath regime to ensure accountability and transparency within the system.

     

    Committee to review High Court of

    Lagos State (Civil Procedure) Rules 2012

    On January 22, the Chief Judge set up a 15-man committee to review the High Court of Lagos State (Civil Procedure) Rules 2012 to eradicate delay in justice  administration, ensure efficient justice delivery and enforcement of judgement.The committee has Justice Kazeem Alogba as its chairman.

    The chief judge charged the committee to, for instance, “look into stipulation of timeline for handling of specific matters”. The committee is also  “to consider the viability of extending timeliness to probate, sexual offences and land related matters” to facilitate speedy dispensation of justice in these areas.

     

    Special Courts

    Most important event within the period under review was the inauguration of Special Courts  for corruption, economic crimes and sexual offences.

    Justice Opeyemi Oke  said four courts had been set aside as special courts.

    “We believe strongly that the special courts shall fast track the trial of these types of cases and encouraged the Economic and Financial Crimes Commission (EFCC) and other relevant bodies like ICPC to expedite the investigation and prosecution of such cases,” she said.

     

    Lawyers’ view of Justice Oke’s

    100 days in office

    Nigerian Bar Assocuation (NBA) Chairman, Mr A. S. Abimbola said the first 100 days in office of Justice Oke, as Chief Judge of Lagos State has been one full of activities, the most notable being her anti-corruption stance and her efforts to reposition the Lagos State Judiciary to be more used friendly to court users.

    “I applaud, particularly, the crafting of a mission statement for the Lagos State Judiciary (LASJ) as well as the conscious efforts to interface with the public. While lauding the achievements of her Lordship in these 100 days, I urge that she sustains  the tempo”, he advised

    Chairman, NBA Ikorodu Mr Levi Adakwaone said Oke’s decision and resolve to root out corruption from the state judiciary has earned her a place in the history book: her focus, doggedness, consistency in the fight is quite strange and incredible!

    Adakwaone said the CJ within her few months in office has emboldened the confidence of lawyers in the state, and beyond in the fight against corruption.

    “Officially, I followed her when she launched her pet project: vision, mission and commitment statement against corruption in the judiciary in all the courts in the state and the impact of this innovation and cause is so incredible: the judges, the magistrates, the litigants, the support staff, the paralegals, the lawyers and anti- corruption crusaders are better for it. On February 14, she executed a sting operation at the Probate Registry, Lagos and the exercise is something the lawyers  would forever be grateful for.

    “One unique quality about the Hon.Chief Judge is her ability to harness the resources around her: she has formed a strong synergy with the office of the governor, the Ministry of Justice, her professional colleagues (especially the Administrative judges), the leadership of the Bar in the state, the press and the people: I have no doubt in my mind that if she continues the way she is going, she would leave behind gargantuan legacies that would be very difficult to obliterate,” he said.

    Adakwaone however, urged the chief judge  to focus on infrastructure development: ‘’The judges and the magistrates must have a conducive environment to do their jobs. They should be provided with quarters not too far from their place of work. There is need to ensure that prosecutors in the state judiciary are all lawyers, the Probate Registry at Igbosere needs as a matter of urgency, a better office space with modern gadgets, ditto for its counterpart at Ikeja.”

    Former Chairman, Lagos NUJ and Chairman, Egbe Amofin ni Eko, Mr Martin Ogunleye also noted that the few months the chief judge has spent in office has been one full of activities, the most notable being her anti-corruption stance and her efforts to reposition the Lagos State Judiciary to be more used friendly to court users.

    Said Ogunleye: “I applaud, particularly, the crafting of a mission statement for the LASJ as well as the conscious efforts to interface with the public.

    ‘’While lauding the achievements of her Lordship in these 100 days, I urge that she sustains  the tempo.’’

    Former Chairman, NBA Ikeja, Mr Yinka Farounbi noted that had not derailed from the mission statement which enjoyed the approval of the Bar.

    He noted: “In the mission statement however, the fight against corruption stood out like the northern star and I believe it makes more impart in the minds of the generality of the people, particularly the lawyers and the litigants – and I think it ought to be on the nation as a whole because of its overall effect on our economy and perception by the outside world. In this regard, we have seen a number of judicial staffers facing one panel or the other for corruption. I reliably gathered that about five judicial workers had been dismissed for similar corruption cases.

    “Despite this, however, I venture to say that it is not yet uhuru for so many reasons. In the first instance, corruption as usual is fighting back. The Chief Judge will have to be resolute in the pursuit of the agenda of zero tolerance for corruption in the judiciary. Again, the fight has to be done and fought with special speed as if tomorrow may not come in view of the limited period at His Lordship’s disposal. More importantly, the judiciary as a whole must be the catchment area. Corruption is not limited to among the workers alone, we equally have corruption among our magistrates and judges that will need her attention. I, however, make bold to say that one can swear with heaven concerning the integrity and uprightness of some of our magistrates and judges. One rotten apple however makes the others to be bad,” he urged.

    Farounbi further urged the CJ “to enforce discipline among lawyers by making adequate use of the provisions of the Rules, particularly, as regard issues of cost in Order 49. I urge the Chief Judge to take the welfare of the judicial workers as a priority pointing out that a highly motivated labour force will be highly productive and less corrupt’’.

    ‘’So far so good the CJ is on the right path with the mission statement of the administration but with a lot of rooms for improvement. It is the continuous exploration of the improvement that will mark out the government as a special one which I pray it should be. In doing this, I urge the CJ to take the welfare of the judicial workers as a priority – a highly motivated labour force will be highly productive and less corrupt.

    ‘’Finally for now, I urge the CJ to involve all stakeholders in the administration of justice system in Lagos State – litigants, civil societies, labour, NBA and seasoned court room legal practitioners – in the ongoing review of the 2012 Rules with the view of having a befitting Rules. In saying this, l am not oblivious of the notice from the committee calling for memoranda from the public,’’ he added.

     

     

     

  • Court dismisses bank’s appeal against customer’s €7,491 suit

    A Lagos High Court has dismissed Zenith Bank Plc’s appeal challenging a Magistrates Court’s jurisdiction to hear a 7,491.33 Euros dispute between it and and Emil Walson Ltd.

    Justice W. Animahun upheld the firm’s contention that the courts derive their jurisdiction from Section 6(4)(a) of the Constitution.

    The judge ruled that contrary to the bank’s claim, the lower court did not breach Section 28 of the Magistrates’ Court Law of Lagos State when it entertained the suit.

    According to the judge, the Magistrate Court did not err in law by holding that the firm’s suit was based on negligence without failing to consider how the negligence arose.

    Justice Animahun said: “In all, the appeal fails and is hereby dismissed with N100,000 costs to be paid by the appellant within seven days.”

    The appeal, which was decided on January 23, 2018, arose from a December 2016 ruling by Mr W. B. Balogun of the Igbosere Magistrates’ Court, Lagos allowing Emil Watson’s 7,491.33 Euros claim against Zenith.

    The magistrate also awarded cost of N10,000 in favour of the firm.

    Emil Walson Ltd, an import-export firm, is seeking an order compelling the bank to pay it 7,491.33 Euros at 21 percent interest from August 1, 2012.

    According to the firm’s August 23, 2013 statement of claim, filed by its counsel Mbanefoh Odozi, the bank “negligently” and “wrongfully” returned to Poland, the 7,491.33 Euros the firm received as payment for its export of African charcoal.

    But Zenith Bank, in its September 11, 2017 amended statement of defence, denied liability in the transaction. It made a counter claim of N400,000 for costs against the firm.

    In a March 6, 2017 letter marked as ‘Without prejudice’, the bank through its counsel Ademola Obayomi, proposed to pay the claimants N500,000 as “final settlement.”

    But the plaintiff rejected the offer following which settlement talks failed.

    In a March 8, 2017 reply, Odozi said: “If you are sincere with amicable settlement of the case at hand, my client will request that you pay the principal claims, leaving the element of the interest.”

    Further hearing in the suit resumes at the Magistrates’ Court on March 6.

     

  • Corruption still high in Nigeria, claim Agbakoba, others

    Some Senior Advocate of Nigeria (SANs) have said corruption is still prevalent in the country despite the government’s effort to tackle the malaise.

    They agreed with the corruption index released by global watchdog Transparency International (TI) that corruption was still high in the country.

    The respondents include former President of the Nigerian Bar Association (NBA), Olisa Agbakoba (SAN), Layi Babatunde (SAN), Sylva Ogwemoh (SAN) and Vice President of the NBA, Monday Ubani.

    While Nigeria scored 27/100 and was ranked 136th in 2016, the latest Corruption Perception lndex (CPI) scores Nigeria 28/100 out of 180 countries surveyed.

    Agbakoba argued that corruption was still very much in the country.

    He said: “Transparency International is very correct as corruption remains rife and the agencies charged with this responsibility are not fund well.”

    Babatunde said the perception of TI on corruption in Nigeria could be very dangerous.

    He said it could become an impediment, if not properly managed.

    “For the anti-corruption war to achieve greater success, the drive must evolve and progress rapidly, from being  just a campaign  by government, to becoming a way of life of Nigerians.

    “It must be internalised by the citizens. That way, we will grow to abhor it, without regard to tribe or religion or whichever government or who is in power. It won’t matter whether or not your father  or uncle or townsman or kinsman is president or IGP.

    He argued that Nigeria is still at a stage where the ‘war’ was being  seen from  perspectives of tribe and religion and that leads to complications and accusations, especially if perceived as ‘the government war against its enemies ‘instead of being a ‘war’ against enemies of our collective well-being.

    ‘’Perception, as we know, can be dangerous and can be an impediment, if not well-managed.

    “Besides there is no alternative  to  enthroning rule of law, even in ‘war ‘situation, otherwise the ‘war ‘takes on a different and unhelpful coloration, with avoidable negative consequences”.

    According to the learned silk, “battling corruption is not a tea party in any clime and we must not lose sight of that, so not that the government has not achieved anything in that direction”.

    Ogwemoh said he had no reason  to doubt the Transparency International report on corruption in Nigeria.

    He believed that it must have been based on a survey by TI and an assessment of the current state of affairs in Nigeria.

    To Ogwemoh, nothing had truly changed. Though efforts were being made by President Muhammadu Buhari to fight corruption, these efforts had not produced the expected results.

    He counselled that serious effort must be geared toward addressing  the causes of corruption.

    “What is being done is akin to treating symptoms rather than rooting out the disease itself. The fight, beside being focused on perceived enemies of the regime is not agenda driven, which ought to provide a roadmap for curbing corruption in the future.

    “I believe there has to be concerted efforts on the part of all Nigerians to fight corruption. Both the public and private sectors must come together to fight it.

    “Institutions and processes must be set up coupled with adherence to the rule of law at all levels of government,” he advised.

    Ubani also said he had no reason to doubt the rating index of TI on Nigeria noting that anytime the organisation passed a verdict on any nation, it is hardly faulted.

    “The truth of the matter is that Nigeria is yet to be free from corruption. It is more dangerous for a regime that boasts of fighting corruption to be found liable of committing corruption in large scale.

    ‘’This verdict calls to question the sincerity in the fight by this regime.’’

    “From  close observation of the fight against corruption by this administration,  it looks targeted against those who are in opposition. The  government has treated with kid gloves her members  who were accused of corruption.

    “The second issue that makes this fight to look like a child’s play is the inability of the present government to involve the people in the fight, it is not people-driven. One man alone does not fight

    corruption in a country,” he argued.

    Ubani recalled that the first falter in the fight against corruption was when the government soft-pedalled on her decision to publish the names of corrupt Nigerians that returned money to the government coffers when they came in.

    He said immediately they failed on this, it became obvious they were not sincere with the fight and the insincerity is very evident in some of the wrong decisions they have taken concerning  some of their cabinet members that are accused of corruption  which they have failed to prosecute.

    He said the worst crime in this fight was disobeying court orders and using impunity to run a government, adding: “In fact, these things are the worst sort of corruption. Why would a head of an agency that fights corruption not be subjected to the constitution and laws that set up the agency?

    “The world watches and they draw their conclusions from facts, raw data and situations they observe and see in our system and environment. It is pure madness to do the same thing, same way, and expect a different result. As it was in the beginning, so it appears even now, it is like the more you look, the less you see,” he argued.

     

     

  • ‘I didn’t want law, now I love it’

    ‘I didn’t want law, now I love it’

    Law was not in Ozioma Ikedimma’s plans, but his father, a priest and lawyer, had other ideas.The Nnamdi Azikiwe Univesity, Awka 2015 alumnus shares his story with ROBERT EGBE. 

    Son of a lawyer-priest

    I am Ozioma Kasie Ikedimma, from Owerre-Ezukala in Orumba South Local Government Area (LGA) of Anambra State. I’m the first of four children.

    My father is an Anglican priest and a lawyer while my mother is an education officer.

    Education

    I am an alumnus of Nnamdi Azikiwe Univesity Awka (UNIZIK) where I obtained a Diploma in Law and an LL.B in 2011 and 2015. I was called to the Nigerian Bar on November 30, 2016, after obtaining my B.L. from the Nigerian Law School, Abuja. I am a Member Nigerian Institute of Chartered Arbitrators, Member African Bar Association, Member Section on Business Law of the Nigerian Bar Association (NBA). I sit on the boards of Vitoso Oil and Gas Ltd, Askinda Ltd and Andul Legal consults.

    How dad cajoled me into law

    I wanted to study Mass Communications but dad wanted me to choose Law. He warned that should I study any other course, he would transfer the responsibility of paying the tuition fees to me. (Laughs). When that didn’t work, he began cajoling me, until I agreed. I’m glad I did, because I have never had any reason to regret studying Law. Thank you, dad. Meanwhile, unknown to him, I took up a job as a sports presenter with UNIZIK 94.1fm Awka (campus radio) during my undergraduate days because of my passion for broadcast journalism.

    Call to Bar

    My Call to Bar was really a big thing for my family and I. Special thanks to my dear uncle, Dr. Okechukwu Chukwunonso Obi (Chief Medical Director, Nigerian Law School, Abuja) who hosted my Call to Bar party and my boss, Dr. Patrick Ifeanyi Ubah (CEO Capital Oil and Gas LTD) who sponsored my Call to Bar souvenirs and graced the occasion with his presence. After the ceremony in Abuja, we had a thanksgiving service in Anambra State.

    Coping with Law School pressure

    Law School was a wonderful experience. I lived in the hostel and met so many people from all parts of the country, some of whom inspired me. I was exposed to the full academic life and classes became really demanding. It got to a point that I decided to move at my pace – stop comparing myself with any person – and it made so much sense. I also had great roommates and intellectual friends that helped make learning fun. Chapel of Grace (chaplain & members) on campus helped in no small measure. Whenever I was overwhelmed with work – and I always was – the chapel was a place of solace, encouragement and spiritual strength. Of course, I was very active in church there.

    Why bright students don’t always excel at Law School

    One of the big issues with Law School examinations has always been the marking scheme. Although they officially deny it, the grading system is such that you are graded in accordance with your least result. For instance, if you made four Distinctions or As out of the five courses but made a Pass in one, you’ll graduate with a Pass. Also, someone who makes four As and one C at the university, gets a GPA of 4.5 (First Class). By contrast, that result at the Law School leaves you with a Pass. I know a lot of very smart folks who went to the law school full of hope and expectations. At the end, they barely passed Law School while some even had to re-sit the examinations. Not because they were not good.

    Grading system ‘amusing’

    While excelling at the Law School raises a presumption in favour of a person that passes, an average or even a poor result is by no means an indication that the person is not good. Unfortunately, however, it raises such a presumption and the person is left to carry the burden of proving himself for the rest of his life. It is common knowledge that grades are of great essence in any educational adventure. The marking scheme and the grading system of any educational institution are the two basic elements that define the grades of students. In a system that has a strong predilection for grades over competence, getting a poor grade is a bad omen for career pursuits. The grading system employed by the Council of Legal Education in Nigerian Law School is, to say the least, amusing. One struggles to see how such a system can be justified in the name of ‘old time practice,’ given how retrogressive it is.

    Most memorable day in court

    I have had series of memorable days, which are as well dramatic in this profession. I can’t forget a particular encounter with less than six months post-call; I argued and got an Anton Piller injunction against a very senior lawyer. (An Anton Piller order is a court order that provides the right to search premises and seize evidence without prior warning.)

    Challenges

    Challenges with growing the practice, such as getting new briefs, frustration with the court system and managing some very difficult clients, among others.

    Why I can marry a lawyer

    Why not? Lawyer or not, if you cannot accept her for who she is, her profession, her trouble and everything positive and negative about her, you have no business marrying her.

    Day judge called me ‘Okirika’

    My most embarrassing day in court was the day a judge mispronounced my initials O.K. (Ozioma Kasie) as OKIRIKA after I announced my appearance.

    (Okrika is a port town in Rivers State. Second-hand clothes are also informally called Okrika or Okirika in Nigeria.)

    What I would change about law

    I would leverage Information Technology to achieve paperless filing of cases, crime scene reconstruction through animation in all courts, set up a think-tank for nurturing ideas to reduce pendency of cases across courts, develop infrastructure in courts, impose heavy costs on frivolous litigation and abuse of court process.

    My future

    I will be part of a team that has successfully built a top tier law firm and thereafter, I will take up other challenges outside law practice, preferably the highest and most important sports law forums, such as the Court of Arbitration for Sport (CAS), FIFA’s Dispute Resolution Chamber (DRC), United Kingdom Anti-Doping and many others. To this end, I’m currently pursuing an LL.M in International Commercial and Sports Law.