The Nation Newspaper

Category: Law

  • The case for state police

    The case for state police

    To Vice President Yemi Osinbajo, state police is the way to go. Many people, including governors, agree with him. Others do not. They fear that state police can be subject to abuse. But is the centralised policing system any better? ADEBISI ONANUGA asks.

    Amid the security challenges facing the country, Vice President Yemi Osinbajo has called for the establishment of state police. Analysts believe that his proposition may have been informed by recent killings by herdsmen in many states, particularly in the North.

    His proposition is coming when the police are under severe criticism, with some questioning their ability to effectively play their role.

    Osinbajo, who spoke on Thursday at a National Assembly Security Summit in Abuja, is of the view that state policing would go a long way to tighten security across the country.

    The two-day summit, which was held at the NAF Conference Centre, Ahmadu Bello Way, Abuja, was aimed at providing an all-inclusive platform for finding long-term solutions to the security challenges in Nigeria.

    According to the Vice President, the state policing system is the way to go because having a centralised system, as currently practised, cannot effectively secure the nation.

    “We cannot realistically police a country the size of Nigeria centrally from Abuja. State police and other community policing methods are clearly the way to go,” he said.

     

    Governors Forum backs call

    The proposition of the Vice President is already gaining the support of most governors, especially those whose states are experiencing various forms of insecurity.

    Chairman, Nigeria Governors Forum (NGF), Abdulaziz Yari of Zamfara State, agreed with proponents of state police on Monday that it would go a long way in addressing the insecurity in the country. Speaking at  the end of a two-day summit organised by Senate Ad hoc Committee on ‘Current Security infrastructure in Nigeria’, Yari said the governors reiterated their position taken in August that state police is what the country needs.

    Last year, the NGF set up a six-man committee to look into various options for policing the country and the prospect of state police.  The committee was set up following increased deployment of soldiers for security duties which ordinarily and constitutionally should have been done by the police. Observers said the committee voted for state police which would be close to communities and for the fact that the police, as presently constituted only take orders from Abuja.

    Yari said the police have failed in their primary obligation of managing the internal security of the states. “We in governance agree that we can find a way through which we can fine tune the issue of state police”, he said.

     

    History of state police agitations

    Agitation for state police dates back to 2011, particularly during constitutional amendments, with many politicians drumming support for community policing as being done in developed countries like Britain and United States of America (USA).

    Some analysts argued that the primary responsibility of any government is to protect lives and properties of its citizens. They noted many challenges facing the country to include recent herdsmen attack ravaging the people of Benue, Taraba, Plateau states and other parts of the north and in southern and eastern parts of the country.

    Other challenges which they noted would need policing include cattle rustling, Boko Haram, robbery, armed banditry and activities of the militants in the Niger Delta region of the country among others issues threatening co-existence and unity of the country. They believed the protection and security of lives and property will be better achieved with a police that is close to the community.

     

    Dangers of state policing

    On the other hand, there are those who feel that politicians cannot be trusted to effectively deploy state police within their locality. This group fears a situation where those in authority might use them against their political opponents. Some others feel solution to various challenges facing the country does not lie in state police but in effective deployment and use of the force.

    Analysts however, found common ground in the fact that the country is under-policed and that establishment of state police may fill the gap.

    However, there are fears that Nigeria is not truly ripe for such community policing given the huge funding it would require and that it might turn to political tool to intimidate the opposition.

    The issue of state police has raised a lot of issues which must be addressed. Given the complexity of the country, the different socio-ethnic problems, how best can state police serve the need of the people and funding of such a force in the face of dwindling economy, how best can it be done and established to meet the need of the public and how best can our community be guided to ensure safety of lives and property?

     

    How state police can be

    implemented, by lawyers

    Several lawyers have suggested lawful and effective ways that state policing can be implemented.

    They include Vice President of the Nigerian Bar Association (NBA) Mr Monday Ubani, social critic and lecturer, Faculty of Law, University of Lagos (UNILAG), Akoka, Lagos, Mr Wahab Shittu, a member of the Ogun State Judiciary Service Commission, Mr Abayomi Omoyinmi, and Lagos lawyer Olukayode Enitan.

     

    ‘Move policing from exclusive

     to concurrent list’

    Ubani lamented that the country is under serious siege and security threats. According to him, “lives are lost daily and blood are shed as if it is going out of fashion and the security apparatus in the country seems helpless in the face of state of anomie starring at us.

    “What is worrisome in the whole state of insecurity is the apparent inability of both governments at state and at the federal level to proffer practical solution to safety of lives and property which is the primary responsibility of any serious government”.

    He said one useful suggestion that had been made is to restructure our security’s architecture by decentralisation to permit state police.

    “The reality today is that the earlier we accept state police, enact a law to regulate its operations, implement it and where there are noticeable defects, correct and normalise them, the better for us as a nation.”

    He was delighted that the Vice President and governors had agreed “that State Police is part of the restructuring Nigeria must embarked upon if we desire a country that must live up to her expectation of protecting lives and properties of her citizens.

    “Is State Police possible? Yes it is possible. Is it the panacea to all our security challenges? Not necessarily, but it will go a long way in providing a practical solution to several of our security challenges in the country”, he stated.

    Ubani suggested that the first practical step is to amend the constitution to remove policing from the Exclusive List and make it Concurrent.  It should be by way of choice, that is, states that desire it and have the capacity to fund state police should be allowed to have one whereas those that desire federal police to man their state should also be allowed.

     

    ‘Federal and state police

    should coexist’

    Ubani also insisted that the federal police should be made to work hand in hand with the state police to negate and reduce abuse, impunity and excesses of the state police.

    Ubani said: “What that means is that states that do not show financial capacity to fund state police should not be allowed to have one as allowing such will be very dangerous. We are aware of states like Lagos and Anambra that are funding the federal police and the evidence of security are obvious in those states and one is sure that those two states represent example of states that should be allowed to have state police.”

    On the nagging issue of abuse by the state governors, he admitted that the threat is real “but one that must be handled with care by enacting laws and safeguards that will ensure that the citizens will be alert, coupled with an agile judiciary that will not permit of any glaring abuse of the state police by the chief executives of the various states.”

    He however emphasised that “the fear of abuse should not deter us from having state police, it should rather enable us to be more careful in enacting the laws providing for all the safeguards that will negate the inherent abuse that may likely occur if it is allowed. That is the right approach rather than dissuading us from experimenting it.

    “In summary, the best solution to tackle insecurity in Nigeria is to decentralise the architecture of our security arrangement and ensure effective policing that is modern, alert, well equipped, people friendly, well-funded, welfare-driven and free from corruption. The time to start is now, we have lost  so much time  already”, he maintained.

    Omoyinmi shared Ubani’s sentiments on the necessity for and coexistence of federal and state police.

    He said: ‘’However, each state should enact laws for the creation of state police and design their policing structure through laws enacted to suit their respective states.”

    According to him, the state police will function along with the federal police, but should only enforce state laws like what obtains in the United States.

    “Each individual state should fund the police in accordance with its financial capabilities, in view of the fact that some of the states have taken it upon themselves to inject funds into the present federal police arrangements by donating cars, motorcycles, helicopters, armoured vehicles from state budgets.

    “However for states that may not be able to fund police in their respective states, such state could either rely on the federal police and or have a regional police among other states within their region”, he said.

    Omoyinmi, however, would not dismiss the fears being expressed in some quarters that some of the states might turn the police to political tools to intimidate  opposition. He said such action,  if it occurs,  can be challenged by any individual affected in the law court, if such intimidation is for anything other than for pursuit of justice, obviously there will be sanctions.

    He remarked that the arguments in support of having state police in the present day Nigeria and the reasons for same out weight the thinking that the state police might become tools for politician to intimidate opposition.

    He said if those recruited are members of the community/local government they belong or reside in, safety of lives and properties will most ultimately be guarded because they are part of the communities working for the protection of the community environment.

     

    Creative constitutional amendment needed

    To Shittu, the views of Vice President Osinbajo on the desirability of state police to curb the rising wave of insecurity in the land can hardly be faulted. Coming from a significant part of the highest echelon of the ruling elite, he said Osinbajo’s view represents a bold and creative restatement of popular consciousness yet unrivalled in the annals of our history.

    According to him, the reason for the necessity is simple.

    He said: “All crimes are local and can best be policed locally by elements familiar with the terrain, the geography, values and the local populace with clear mandate/ authority to take decisions without waiting for directives at the centre

    “The present arrangement whereby chief executives of states, designated as chief security officers of states, do not have authority to take decisions because state police commissioners are answerable to the Inspector-General of Police at the centre is unhealthy. It is also unhealthy to post elements from the South to police theatres in the North and vice versa when such elements are not familiar with the territory and terrain particularly the language is unrealistic and unreasonable if not impracticable”.

    Shittu maintained, “Clearly state police is the way to go. How do we go about it? The answer is through creative constitutional amendment process because it cannot be achieved without tinkering with the laws of the land. The Parliament has to come on board.

    “In spite of my agreement with state police, taking that option alone without factoring into the equation other elements of true federalism such as true fiscal federalism, devolution of powers to the generating units etc is tokenism amounting to scratching the surface of the problem in a federalist structure. The truth is that our federalism is in the reverse gear with powers over concentrated at the centre leading to our present problems and tensions in the land.

    “How may state police be funded? My view is that cutting down costs of governance and wastages in the system could save sufficient funds and resources to fund state police and elements of true federalism. The problem is not lack of resources but lack of sufficient political will to overhaul the country for the benefit of the people. lf there is the will there will always be a way”, he said.

     

    State policing necessary for federal structure

    To Enitan, Nigeria is supposed to be a federation unfortunately it is being run as a ‘Monolith’ unitary country  rather than as a proper federation. The Federal Government only pays lip service to the concept of true federalism. This, however, is a fault that can be traced to the Constitution itself.

    He said: “In all federations world over, you find delineation of the police powers into federal, state and local government as the case may be.

    “Prominent cases in point are the United States of America where the FBI is in charge of federal crimes, state police in charge of some others whilst the Sheriffs are in charge of offences occurring within local governments or towns”.

    Enitan disagreed that state governments can use state police against political opponents describing it as a lame excuse to justify a failure to do the proper thing.

    “Today each Governor can still deploy the police against real or perceived enemies if they want. They all have special units tied to the governors’ office; RSS in Lagos State, QRS in some other states. These special squads are headed by officers loyal to the governors so use for political witch hunt is a lame excuse.”

    On funding, he said it is already available for most of the states as they are presently funding these special squads from their current resources which they can deploy to their state police when established.

    “Take Lagos as an example we have RRS, Lastma, Neighborhood Watch etc, they are all being funded so funding shouldn’t be an excuse. For the states that can’t fund it from their resources the Federal Government can help them out until they are ready. So to that extent, it should be made optional and not mandatory”, he noted.

    He contended that Nigeria was ripe for state police and that it should just be optional.

    Furthermore on funding, if along with the implementation of state police we truly implement fiscal federalism, each state can then take from what it generates to fund it’s version of the policing effort.

    “The template of what to do and how to go about doing it can be sourced from other federal democracies and adapted to Nigeria”, he said

     

  • Magu’s confirmation battle

    Magu’s confirmation battle

    In two years under Ibrahim Magu’s watch, the Economic and Financial Crimes Commission (EFCC) has recovered huge sums of money and properties. It is prosecuting many politically-exposed persons for alleged corruption. Yet, the Senate has refused to confirm him as EFCC chairman. What is the matter? How long can he continue as acting chairman following a recent court judgment on his status? ROBERT EGBE asks. 

    The woman arrived at the building carrying big bags. She looked haggard, out of place in the luxury environment.

    There were two swimming pools on the property, a health and fitness centre, sauna, massage pavilion, squash court, club house, video door entry telephone, Closed Circuit Television (CCTV), and 24-hour security.

    In 2011, it won the International Residential Award for the Best Residential Property Interior in Africa. The price for an apartment in the high-rise began at $120,000 per annum.

    There was no way the woman could be a tenant, they thought. Perhaps she had missed her way. But they watched in surprise as the guards let her in.

    She walked with confidence to the lobby, rode the elevator to the seventh floor, stepped across the landing to Flat 7B, unlocked the armoured door and went in. About two hours later, she emerged, rode the elevator to the ground floor and walked out of the premises. She had to be a domestic help to the occupant of the flat, they thought. The woman repeated the visit to Flat 7B, Osborne Towers, 16, Osborne Road, Ikoyi, Lagos on several occasions.

    Last April 12, when some Economic and Financial Crimes Commission (EFCC) operatives finally completed their surveillance of the building and swooped on flat 7B, they made an incredible haul: stacks and stacks of mint-fresh $100 bills, $43,449,947 (about N13 billion). There were also N23,218,000 and £27,800 (about N10.6 million) cash.

    In the words of columnist and journalism professor, Olatunji Dare, it was “without question the greatest fortune any person or institution ever chanced upon since Shell Darcy struck oil in Nigeria in Oloibiri, in present-day Bayelsa State, in 1956.”

    The recovery of this and other huge cash and property has been the EFCC’s trademark since November 9, 2015 when President Muhammadu Buhari appointed Mr Ibrahim Magu as Acting Chairman.

     Achievements

    According to a 2016 Federal Government report, between May 2015 and May 2016, the EFCC recovered N78.3 billion, $185,119, 584.61; 3,508,355.46 pounds, and 11,250 Euros.

    Funds recovered under interim forfeiture included N126.6 billion, $9,090,243,920.15; 2,484,441.55 pounds and 303,399.17 Euros.

    Funds awaiting return from foreign jurisdictions included $321,316,726.1; 6,900,000 pounds and 11,826.11 Euros.

    Non-cash recoveries include 22 farm lands, 182 completed buildings, and five maritime vessels, among others.

    On October 25, 2016, Magu said the EFCC had recovered more funds in his tenure than since its establishment in 2003.

    He spoke at the commission’s headquarters while hosting a team of participants of the Pakistani National School of Policy (NSP).

    Last Thursday, Magu revealed that in 2017, the EFCC recovered N473 billion, $98,258,124.97, £294,851.82, 7,247,363.75 Euro, 443,400 Dirham and 70,500 Rand.

    According to him, the commission succeeded in securing the forfeiture of N32 billion and $5 million recovered from former Petroleum Resources Minister, Mrs Diezani Allison-Madueke, and N449 million discovered at Legico Plaza on Victoria Island, Lagos, among others.

    The commission also secured the forfeiture of $153 million, N23.4 billion, $5 million as well as $40 million (the naira equivalent is N9.08 billion) allegedly belonging to Allison-Madueke, among others.

    This is aside several properties, including 56 houses seized from Allison-Madueke.

    Success in loot recovery has also been followed by success in the courts. Last June, the agency said it had secured 340 convictions for various offences.

    However, Magu has often been criticised for the EFCC’s failure to secure the conviction of high-profile or politically-exposed persons.

    The ‘General’

    For those close to him, Magu’s appointment to head the agency was no surprise. They consider him a diligent, strict, incorruptible police officer, fashioned in the image of his former boss and pioneer EFCC chairman Nuhu Ribadu.

    Ribadu had such faith in Magu that he entrusted him with the prosecution of several high-profile suspects, including current Ekiti State Governor Ayodele Fayose, and the investigation of former Plateau State Governor Joshua Dariye.

    Magu also investigated former Nasarawa State Governor Abdullahi Adamu and Korean Yo Jim for the Farin Ruwa Hydro Electric Dam which became a white elephant project.

    He charged former Sokoto State Governor Attahiru Baffarawa on the alleged diversion of public funds, and similarly spearheaded the case against Boni Haruna, the former governor of Adamawa State.

    One of his most famous cases has been the prosecution of and securing a subsequent jail term for his boss, Inspector-General of Police (IGP) Tafa Balogun.

    Another equally high-profile case was that of Prince Abubakar Audu, the then-governor of Kogi State, who was charged with diverting N10 billion to purchase real estate assets abroad.

    All these cases and Magu’s famed no-nonsense mien earned him the appellation “the General” from his colleagues and subordinates at the anti-graft agency.

    ‘Most effective govt agency’

    Approval for Magu’s work at the EFCC has come from far and wide.

    A survey conducted by the United Nations Office on Drugs and Crime (UNODC) indicated that as far as Nigerians are concerned, the EFCC remains the most-effective government agency in the country.

    The report of the survey, which was published in the UNODC’s July 2017 publication, titled: Corruption in Nigeria. Bribery: Public Experience and Response, was based on data collated in a survey of 33,067 households on corruption conducted in the 36 states and FCT.

    In the same month, an opinion poll conducted by the United Kingdom-based Global Peace Movement International revealed Magu got endorsements from respondents in 25 countries.

    According to the report, the EFCC chairman secured more than 96 per cent endorsements in the United States, United Kingdom, France, Germany, Russia, Canada, China and Belgium.

    Last June 8, in recognition of the EFCC’s work, Magu was named the vice chairman of the heads of anti-corruption agencies in Commonwealth Africa.

    The agency has also received endorsement from foreign governments and anti-graft organisations, including Interpol, which recommended the EFCC as a model for the African Continent in the anti-corruption war.

    Rejection by the Senate

    Magu’s nomination as EFCC chairman has twice been rejected by the Senate, sparking a debate about the legality or otherwise of his status.

    Last March 15, the Senate rejected Magu based on an unsavoury report on him by the Department of State Service (DSS).

    The rejection was the second, after the first in December 2016, for the same reason of security.

    DSS reports

    In the DSS report, Magu was accused of living in a N40 million mansion paid for by one Umar Mohammed, a retired air commodore, who was suspected of being corrupt.

    He was also accused of illegally holding onto sensitive EFCC documents and of having “a penchant for air travels” in private jet belonging to Mr. Umar, among others.

    In his response to the Senate, Magu admitted official documents relating to cases under investigation were found in his private home when raided “on the order of Farida Waziri when she succeeded Mallam Nuhu Ribadu as chairman of the EFCC.”

    But, he said at the time, he had not formally handed over to Umar Sanda, his successor, as head of Economic Governance Unit, and that carrying out his duty at the time was impossible without working from home.

    Following the raid on his home, Magu was suspended without pay for 20 months during which the police investigated the matter.

    “In the end, I was reprimanded, recalled and promoted to Assistant Commissioner of Police.

    “Some of us that worked closely with Ribadu were victimised after his exit. And my ordeal was orchestrated as punishment for being the chief investigative officer for most of the high profile cases involving politically exposed persons some of whom became very influential in government at the time,” Magu responded.

    On DSS’ claim on Magu’s residence, he said: “The entire cost for both two-year rent and the furnishing of the house is N39.628 million.

    “Details of the transaction are contained in the contract award letter and payment schedule which are attached to this letter.”

    Magu denied having a “penchant for air travels” in private jet belonging to Mr. Umar, but admitted he flew the said aircraft on two occasions: one, offer of ride from Kano to Abuja after an official assignment with two EFCC directors; two, when he was traveling to Maiduguri to see his sick mother.

    “These, for me, were harmless gesture as we were both members of the presidential investigative committee on arms procurement. At the time I had no knowledge that he was under investigation for any alleged crimes,” he said.

    He also challenged the DSS to expose any EFCC operative “working closely with me” who is found to have indulged in unethical practices or living beyond legitimate means.

    Who could Magu’s confirmation hurt?

    A significant number of Senators have been investigated or are standing trial on account of investigations conducted and orchestrated by EFCC under Magus leadership.

    According to legal expert, Wahab Shittu, they include former Akwa Ibom State Senator Godswill Akpabio was investigated for alleged abuse of office, diversion of public funds and alleged embezzlement.

    Former Plateau State Governor, Senator Jonah Jang, is under investigation over allegations that he allegedly awarded contracts running into several billions of naira without due process. He was also alleged to have diverted N2 billion SME-CBN loan.

    Senator Aliyu Wamako is under probe for alleged abuse of office, misappropriation of public funds and money laundering while serving as Governor of Sokoto State.

    Senator Stella Oduah is also under investigation in respect of contract awarded by the Ministry of Aviation under her watch to I-Sec Securities Nigeria Ltd for N9.4 billion, as well as alleged diversion of money to various companies where the Senator has interest.

    Senator Theodore A. Orji and others are under investigation for alleged misappropriation of N10 billion loan from First Bank Plc for rural infrastructural development. The former Abia Governor is also being probed for alleged misappropriation of N2 billion SME-CBN loan for rural dwellers since 2015.

    Senator Rabiu Musa Kwankwaso is standing trial (since 2013) for alleged abuse of office and misappropriation of public funds.

    Senator Danjuma Goje is also standing trial with others and at the Federal High Court in Jos and for alleged corruption.

    Senate President Bukola Saraki is standing trial at the Code of Conduct Tribunal in respect of allegations in which EFCC played a significant role during investigations.

    However, the Lagos lawyer and University of Lagos (UNILAG) law teacher said he was not implying that the Senators under investigation or standing trial are culpable.

    He noted that the presumption of innocence of every suspect is guaranteed by the constitution, adding that it is for the court to determine the guilt or innocence of anyone standing trial in any criminal proceedings.

    Shittu said it would be difficult for the Senate, under its current President Bukola Saraki, who has been a subject of EFCC investigation, to clear Magu.

    To him, such Senators should not be part of Magu’s screening.

    How long can Magu act?

    Following Magu’s rejection, questions have been raised about how long he can lead the EFCC in an acting capacity?

    The EFCC Establishment Act 2004 is silent on the appointment of the chairman in acting capacity.

    It expressly provides that the chairman has to be confirmed by the Senate.

    Section 2(3) of the EFCC Establishment Act 2004 provides: “Chairman and members of the Commission other than ex-officio members shall be appointed by the President and appointment shall be subject to the confirmation of the Senate.

    Lagos lawyer, Sylva Ogwemoh (SAN), confirmed that there is no provision in the EFCC Act for the office of an acting Chairman as the head of the Commission

    Ogwemoh said: “The power of the President  under the EFCC (Establishment) Act, to appoint a Chairman for the EFCC is not absolute. The President’s appointment is subject to confirmation by the Senate.

    “What this means in effect is that the President cannot under any circumstance act alone in the appointment of a Chairman for the EFCC, without the confirmation of the Senate, and where the Senate has refused confirmation as in the case of Magu, that matter ends there.

    “This is because there is no provision in the EFCC Act for the office of an acting Chairman as the head of the Commission. The office created by the Act is that of a Chairman who shall be the Chief Executive and Accounting Officer of the Commission.”

    What Section 171 (1) says

    Other lawyers, relying on Section 171 of the Constitution, insist that there is no time limit to Magu’s stay as Acting EFCC Chairman.

    Section 171 (1) says: “Power to appoint persons to hold or act in the offices to which this section applies and to remove persons so appointed from any such office shall vest in the President.

    “The offices to which this section applies are, namely,  (a) Secretary to the Government of the Federation;   (b)Head of the Civil Service of the Federation;  (c)Ambassador, High Commissioner or other Principal Representative of Nigeria abroad;  (d) Permanent Secretary in any Ministry or Head of any Extra-Ministerial Department of the Federation howsoever designated; and  (e)  any office on the personal staff of the President.”

    Rights activist Femi Falana (SAN) said the President is empowered by the Constitution to appoint Magu as acting EFCC chairman for as long as possible.

    Falana said according to Section 171 of the Constitution, the President does not need to ask for confirmation of some appointments.

    He explained that the Senate could only confirm ambassadors and heads of foreign mission as provided for in section 171 subsection 2 of the Constitution.

    “Section 171 of the Constitution has vested the power in the president to appoint any person to that office or act in that office and the duration is not specified.

    “Of all the positions listed there, positions to be occupied by public officers without any reference to the senate – secretary to the government of the federation, permanent secretaries, head of service and heads of extra-ministerial departments like the EFCC and the ICPC.

    “With profound respect, in sending the letter to the senate for confirmation, the president relied on section 2(3) of the EFCC Act but that section has to be read subject to the constitution.

    “So if you do that, Section 171 takes precedence over Section 2(3) of the EFCC Act. So, does the president need to ask for confirmation? No.”

    A similar view was expressed human rights lawyer Festus Keyamo (SAN), who noted that the law does not prescribe a time limit for Magu to remain in an acting capacity.

    Keyamo said: “The fact that the law has not circumscribed the amount of time or the time period that someone can act as the head of an agency, it would mean, therefore, that I see no legal problem at all in Magu continuing to act as the EFCC chairman. There is no legal impediment at all.”

    Implications of Justice Tsoho’s judgment

    On January 15, the Federal High Court, Abuja held that the Senate acted within the law when it rejected President Buhari’s nomination of Magu as EFCC chairman.

    Justice John Tsoho gave the ruling in a suit filed by a lawyer, Oluwatosin Ojaomo.

    Ojaomo urged the court to determine whether the Senate had powers to reject the President’s candidate for the position of EFCC chairman; and whether the Senate was not bound by the provisions of Section 2(3) of the EFCC Act to confirm any candidate nominated by the president for the said position.

    The judge held that the Senate was not a rubber stamp to affirm any decision of the presidency, adding that the lawmakers had powers to either affirm or reject a nominee for EFCC chairmanship.

    However, the court struck out the suit after noting that the applicant had no “locus standi” to file the application in the first instance. Locus standi is the right to bring an action or to appear in a court.

    Following the ruling, the Senate through its spokesman, Sabi Abdullahi,  urged the President to sack Magu.

    He said: “We are pleased with this judgment and salute the judiciary for rising to the occasion. With this, the Senate expects the executive to be guided by the court decision and do the needful by forwarding name of any credible Nigerian for the EFCC office.

    ‘’There is nothing personal in the whole thing. The court has ruled and all parties concerned must obey.”

    He advised President Buhari to pick another credible candidate “from the 180 million Nigerians”.

    Similarly, Nigerian Bar Association (NBA) Second Vice President Monday Ubani said the Federal Government had no choice but to obey Justice Tsoho’s ruling.

    He said unless the executive secures a contrary judgment from the appellate courts, the position of the law is that the EFCC chairman must be confirmed by the Senate.

    Ubani said: “The position, therefore, is that the law of the land with regards to confirmation of the chairman of EFCC is that the Senate must be involved in the confirmation of the position of the Chairman of that body as prescribed by the Act creating it, notwithstanding the provisions of the Constitution which was enacted earlier than the EFCC Act.

    “It may well have been that the Constitution never contemplated the provisions of the EFCC Act that makes such confirmation compulsory,” he stated.

    But, Presidential Advisory Committee Against Corruption (PACAC) Chairman Prof Itse Sagay (SAN) disagreed with the senate.

    Sagay said: “I think the Senate spokesman totally went overboard about the implications of the judgment, because the main thing was that the application was struck out because the applicant had no locus standi. That is the main thing, that the action was struck out.

    “But the judge then made a statement which we call Obiter Dictum, that is a statement not directly related to the reason for the judgment.

    “In fact, you can say it’s an extraneous statement, having no relationship with the basis of the judgment in a case. Usually it is ignored as a source of law.

    “It carries no weight except where the Supreme Court engages in Obiter Dicta that it is taken seriously, not in a High Court.

    “So, what the judge said is that from the provisions of the EFCC Act, before the Chairman is made substantive, it has to get the approval of Senate.

    “Now, that is relying on the EFCC Act, but there is a superior law to the EFCC Act which was not discussed and that is the Constitution.

    “I believe Section 171 of the Constitution gives the President direct authority to appoint the heads of these agencies.

    “It wasn’t brought before the judge and if it had been brought before him, I doubt if he would have even made the statement he did.

    “So, he was very specific in his analysis, he was referring to the EFCC Act, but the Constitution, of course, is superior to the EFCC Act. In conclusion, it has no impact on Mr Magu’s tenure.”

    According to Falana the other part of the judgment which bordered on “locus standi” was held higher by the court than its opinion on the Senate’s position about Magu.

    Falana said: “The case of the plaintiff was struck out by the Federal High Court for want of locus standi.

    “It is trite law that once a case is dismissed or struck out by a court for any reason whatsoever, it cannot be relied upon to assert any right or exercise any power.”

    Why Magu?

    But, considering all the controversy surrounding his status at the EFCC, why is the Presidency still so keen on Magu? Why doesn’t President Buhari just appoint someone else?

    Sagay said: “They are sure of his integrity. They are sure he is unbribable. They are sure of his courage. They are sure he cannot be intimidated. They are sure he is committed. They are sure he is ready to make sacrifices.

    “When you have a man like Magu, it’s exceptional, that’s the point. So, we are not going to listen to that rubbish of getting rid of who we are sure of, and then start looking for some other person.”

  • ‘Dad didn’t know I was studying Law’

    ‘Dad didn’t know I was studying Law’

    Chioma Ezeobika knew what she wanted to become: a lawyer. But her dad did not approve of it. The Nnamdi Azikiwe University (UNIZIK) graduate tells ROBERT EGBE her story.

    Family

    My name is Chioma Gloria Ezeobika. I am from Aguluezechukwu in Aguata Local Government Area (LGA), Anambra State. I am the fifth of six children: five girls and one boy. My parents – God bless their souls – though uneducated and not wealthy, were the best parents I could ever ask for. We survived today through what we learned from them.

    Education

    I studied Law at the Nnamdi Azikiwe University (NAU) Awka, Anambra State. I started with a diploma programme in Lsaw in 2009, made Second Class honours, (upper division) and was admitted fully in 2011 through Direct Entry. I graduated with a Second Class honours (Upper Division) in 2015. I attended the Abuja Campus of the Nigerian Law School and graduated with a Second Class honours (upper division) as well. I was called to the Bar on November 29, 2016.

    Injustice in the society motivated me

    My family’s situation was my first inspiration to study law even when I knew little or nothing about law. I saw and experienced what poor people pass through in the hands of wealthy people. I wanted that security for my family. Even before I finished secondary school, I already knew the path I would take and, so, defied every advice and counseling to go for another discipline. So, generally, I would say the injustice in the society motivated me. Secondly, I love how smartly lawyers dress. It’s captivating (smiles).

    Lawyers are liars and are buried face down

    My dad would not have me or any of his children be a lawyer for the sole reason that “lawyers are liars and they are buried face down when they die as a result of their many lies” (laughs). He never knew the course I was doing and wasn’t alive to witness my Call to Bar. Quite painful though.

    Call to Bar made my family so happy

    I would say my family got called to bar and not necessarily me. They were happier than I was, organised party and printed souvenirs. To me, it was an end to a long time struggle and nothing special. It wasn’t as if I got the red scroll.

    Law School was amazing, but

    Law School was very intimidating at first. It was also very challenging all through. The first thing I did on admission was to develop a study pattern for myself and made sure I adhered to it. I also will say that I made the right friends and above all I had God’s blessings. Law School is just an amazing experience which no one would pray to have twice.

    Law School grading scheme helpful

    The most challenging thing in Law School is neither the workload nor the short time frame but the marking/grading system. I studied not just like I have never done but like I never believed I would and still ended up with 2.1. I believe that a review in the grading system would better results than what we have presently. However, the grading system actually helps students to study harder and to ascribe equal time to all the courses knowing that neglect of a cause may entitle one to resit.

    Most memorable day

    During my National Youth Service Corp year, a senior colleague and friend contracted me to hold Brief in one his matters as he would be at the Court of Appeal same day. The matter was slated for continuation of hearing. I had earlier announced that I was holding the brief for xyz expecting the judge to understand that I was not the counsel in the matter. I was also instructed by my senior to seek an adjournment for cross examination after the lawyer on the other side must have examined the witness in chief.

    However, the judge, after the examination-in-chief refused my application for adjournment and insisted I cross examine the witness.

    “Counsel, you are young both in age and in practice, but you appear smart, intelligent and courageous, so cross examine him,” the judge said.

    I applied for a step down to enable me study the file and my application was still denied. I lost the confidence I built over the years. How was I supposed to conduct a cross examination in a matter I knew nothing about? When the judge saw how scared I was, he encouraged me to do the cross examination and my senior could choose whether or not to adopt it later. I carried on with the task as instructed. I was really happy as well as surprised that my senior adopted my questions as his. I really appreciate the judge for bringing out what I didn’t know existed in me.

    The challenge of ‘unlearning’

    My greatest challenge so far is unlearning most of the things I learned in school. Practice is quite different and distinct from what is obtainable in schools. Adjusting both is really challenging. Secondly, I have not been able to equip myself with all the materials I need for this race.

    No complaints about principal

    I could not have asked for a better principal. I completely have nothing to complain about him.

    Why I can marry a lawyer

    (Laughs). Success in relationship is based on personality and not necessarily on the profession. I once dated a lawyer, so, sure, I can marry a lawyer.

    Annoying things clients do

    A client once told me that by engaging me, he is helping me to learn as I am still a young lawyer. In that case I shouldn’t expect much pay or any pay at all.

    I wasn’t just annoyed, I was heartbroken.

    Day judge lambasted me

    I was refused an appearance in court by a judge because my wig didn’t sit well on my head as a result of the way I packed my hair. She lambasted me and I felt very embarrassed. My boss kept on apologising on my behalf.

    Surviving as a young lawyer

    Survival as young lawyer is not easy, very few firms pay well. We rely mostly on corporate matters, property agreements, etc. Some equally acquire skills and earn a living through that.

    The future

    I intend to pursue my masters programme soon. I also want to build a career not just in practice (litigation) but in academics too.

     

  • AGF decries increase in detainees without trial

    The Attorney-General of the Federation and Minister of Justice Abubakar Malami (SAN) has expressed concerns that awaiting trial inmates constitute 70 per cent of the nation’s prison population.

    Malami said the development was a violation of the rights of inmates, which must be reversed through deliberate efforts of the state to decongest the prisons.

    Deputy Director (Information) in the Federal Minister of Justice, Ogundoro Modupe, quoted the AGF as speaking when he led the Federal Government Stakeholders Committee on Prison Decongestion to Rivers and Imo states on February 5 and 6.

    Malami decried the unchecked violation of fundamental rights of prison inmates across the country, explaining that the purpose of the visit was to oversee the implementation of the Federal Executive Council’s directive in fast-tracking the decongestion of prisons.

    He added that the Committee would also review cases of inmates who have been convicted of minor offences with option of fines and are unable to pay.

    According to Malami, “The committee wishes to secure the release of as many of such inmates as possible through the payment of their fines.

    “I am therefore pleased to announce that the committee will, in addition to ensuring the payment of fines, also conduct a review of cases of inmates awaiting trial for more than five years, in the select priority prisons.

    “These able bodied men represent our potential workforce, they represent tomorrow’s fathers to raise the next generations of Nigerians.

    “We must, therefore, begin to find improved ways of addressing the issue of crime and the treatment of minor offenders in our criminal justice system.”

    The committee’s Chairman and Chief Judge of the High Court of the Federal Capital Territory, Justice Ishaq Bello, during the tour of prisons in Imo State, facilitated the release of 13 inmates, whose fines were settled by the Governor Rochas Okorocha.

    In Rivers, the committee released 26 inmates, among who governor, Nyesom Wike assisted in paying their fines

    Justice Bello also released those whose offences were minor but were either remanded for years without trial or sentenced beyond  the provisions of the law.

    He stated that the problem with  the prisons is not only about the crowded space inmates were subjected to, but also the attendant psychological and emotional impacts.

    Wike flayed the police for delay in charging arrested persons to court, alleging that the this was partly responsible for the swelling figure of inmates.

    Speaking during the meeting with the Committee in Owerri, Okorocha admitted that prison atmosphere in Nigeria cannot guarantee transformation of inmates upon their release.

    He also identified the country’s justice system as part of the factors responsible for prison congestion.

    Okorcha suggested prison concession or a private, public partnership, which he said, would enable the private sector participate in the construction of prisons and the welfare of inmates.

    Among those freed was a young woman, Joy Goodluck, an indigene of Imo State, sentenced to three years jail term in Port Harcourt prison for stealing a half bag of cassava.

    The lady, who was a month pregnant at the time of the offence, was set free with her baby after she narrated the circumstance that took her to the prison.

  • Police arraign suspects as community fears attacks

    The Police have arraigned three men who allegedly attacked the executives of Aso Rock Community Development Association and their security guard, causing them bodily injuries.

    Oni Ayotunde (34), Osemedwa Emmanuel (32) and Prince Ifeanyi Osemedua (35), said to be staff members of Pinkron Hotels, were arraigned at the Ejigbo Chief Magistrate’s Court on a five-count charge of assault and stealing.

    The prosecutor, Simon Peter, said the defendants and five others now at large, on January 27, about 7pm at Aso Rock Street Gate, Bucknor, Ejigbo, unlawfully assaulted the securityman, Jubril Mohammed, by stabbing him with a broken bottle, thereby injuring his finger.

    They were accused of conspiracy to commit felony and conducting themselves in a manner likely to cause a breach of the peace “by pushing Mohammed with broken bottles, sticks and shovels”.

    The Police said Ayotunde, Emmanuel and Osemedua also unlawfully assaulted the association’s Chairman Mr Declan Umeokoro by stabbing him with a broken bottle as he tried to rescue Mohammed.

    The alleged offences, the Police said, contravene sections 57, 173, 411 of the Criminal Laws of Lagos State 2015.

    The prosecution alleged that the defendants and the others at large stole N1.8million belonging to Aso Rock Community, contrary to Section 280 of the Criminal Laws of State 2015.

    The community is afraid that there could be further attacks on the residents as some of the suspects are at large.

    It petitioned Lagos State Task Force on Environmental and Other Offences  chairman, urging him to intervene to forestall a breakdown of law and order in the estate.

    The petition was signed by Umeokoro, the CDA Secretary Mr Emdee David, community task force Chairman Mr Ikechukwu Onuegbu, Legal Adviser Mr Fred Onyeka and Publicity Secretary Babatunde Fatai.

    The executives said they were seated at their monthly meeting at the gatehouse of Aso Rock Street collecting monthly security dues when Mohammed, who was stationed at their third gate by Victory Close, ran towards them while being hotly pursued by about eight men brandishing weapons.

    They said Ayotunde allegedly broke a bottle and stabbed Mohammed on his finger.

    As Mohammed was about to be stabbed again, he took cover behind Umeokoro, who in an attempt to protect Mohammed, raised his hand and was also stabbed in his finger allegedly by Ayotunde.

    The defendants allegedly scattered the chairs and tables and stole all the money, including N1.2million collected from residents towards buying a transformer, and N70,000, being security levies.

    The complainants said Ayotunde and his accomplices took Mohammed into the premises of Pinkron Hotels Limited at 9, Graceland Avenue, Harmony CDA, Bucknor Estate, while beating him with dangerous weapons.

    On what led to the attack, Onyeka said: “We closed our three gates as we usually do every last Saturday, including the gate near the hotel for three hours, from 7am in order to collect security levies.

    “As demanded by the Lagos State government, we placed a securityman there. Before 8am, one Oni, a staff member of the hotel, demanded that our security man should open our gate.

    “The hotel has multiple gates. They belong to another CDA and they have more than one gate that opens into Harmony CDA. They had no business in our CDA.

    “It was a case of inexplicable provocation. The security man used his discretion and refused to open the gate. Oni mobilised seven other men and the pursued the security man to our meeting venue.”

    The association said it feared further attacks.

    “There is an uneasy calm in our CDA presently because the other five suspects who are staff of Pinkron Hotels which is located next door to our community are still roaming about freely and are a clear and present danger to the peace and security of our CDA.

    “We hereby call on you, sir, to intervene in the interest of life, peace and security to effect the apprehension others whose presence near our community is a threat to life, peace and security. We urge you to use your good offices and intervene decisively to bring the remaining suspects to book,” the community pleaded.

    Ayotunde, Emmanuel and Osemedua pleaded not guilty to the charge.

    The hotel’s Manager, Mrs Esther Abba, said the hotel did not send anyone to carry out the alleged attack.

    “Pinkron Hotels is a responsible corporate citizen. It didn’t send any of her staff to injure anyone,” she said.

    The magistrate, I. K. Layemi, granted the defendants bail for N300,000 each with two sureties, who must present evidence of tax clearance and whose addresses must be verified.

    The case was adjourned till March 14 for trial.

     

  • Ex-manager sues firm for N1.062m

    Ex-manager sues firm for N1.062m

    A former CIG Motors Company Limited employee Akeem Adebiyi Adeyemi has filed a N1.062 million suit before the National Industrial Court (NIC), Lagos Division, against the management of the company for alleged wrongful termination of appointment.

    In the suit, with reference No: NICN/LA/35/2018 filed through his counsel, Olawale Fapohunda, the claimant is seeking a declaration  that the termination of his employment with the defendant through a letter dated August 31, 2017 based on protest against certain racial comments by the chairperson of the company, Mrs Chen Xuixia is illegal, malicious and wrongful.

    The claimant sought the court’s declaration that the defendant breached his right to freedom from discrimination as provided for under Section 42 of the Constitution.

    He asked the court to declare that the deliberate refusal of the defendant to remit his pension contribution from April 2017 to August 2017 is unlawful and a violation of the provisionhs of the Pension Reforms Act 2014.

    He is also seeking a declaration that the refusal of the defendant to remit the Personal Income Tax monthly deduction made from him to the Lagos State Internal Revenue Services is unlawful  and a violation of the provisions of the Personal Income Tax Act Cap P8 LFN 2004.

    The claimant seeks the court’s declaration that he is entitled to N208,000 being his outstanding entitlements and another order compelling the defendant to pay N104,000 being 25 per cent of his salary for July and August  2017 and an award of N750,000 as cost of the action.

    He also seeks the court’s order compelling the defendant to remit the claimant’s pension contribution from April to August 2017 to his retirement savings account and his monthly tax deductions for the same period to the Lagos State Internal Revenue Services.

    In his 16-paragraph statement on oath, the claimant averred that aside from being the sales manager of the defendant’s company, it was also in line with his official duties to prepare monthly sales report and present it at the official monthly meeting.

    He averred that he constantly interacted with the chairman, Xuixia and that during most of his dealings with her, “she was always complaining and murmuring racial comments against him”.

    “The claimant averred that between July and August 2017, for no justifiable reasons, the defendant illegally deducted  N104,000 from the claimant’s salaries contrary to the spirit and letters of the claimant’s employment contract.”

    He further averred that at the monthly meeting of August 31, 2017, after making his presentation, “the Chairman of the company, Mrs Chen Xuixia, a Chinese, expressed total disgust in what she referred to as “ shabby” presentation and stated: “Nigerians are not good for anything” and that “that is why most of my workers here are Chinese”.

    He claimed that when this statement was made, he protested and stated that it was unfair to make such a generalised statements about Nigerians.

    He averred that  that Xuixia got angry as a result of the claimant’s protest and  there and then terminated the claimant’s employment unfairly and unjustly.

    He claimed that his employment was terminated without recourse to the notice period stated in his contract of employment.

    He said his disengagement was unfair and unlawful.

    The court is yet to fix a date for commencement of trial.

  • Falana, SERAP, others accuse universities of corruption

    Activist lawyer, Femi Falana (SAN) and Socio-Economic Rights and Accountability Project (SERAP), have alleged a grand cover up of high level corruption and other impunity in federal universities.

    They made the claims in Lagos at the presentation of a new report by SERAP titled: Stealing the future: How federal universities in Nigeria have been stripped apart by corruption. The study was done with the support of MacArthur Foundation.

    The report was presented to the media by Associate Professor of Business Administration and Marketing, Faculty of Business Administration, University of Lagos (UNILAG) Dr. Bolajoko Dixon-Ogbechi Nkemdinim.

    Falana alleged that the bulk of the funds meant to improve the universities end up in the pocket of the contractors. He said the leakages occur because projects that should have been implemented by university communities were being awarded to external contractors.

    He lamented that despite the pendency of an agreement with the Federal Government signed in 1992,  the Academic Staff Union of Universities (ASUU), students unions and others that should have been monitoring disbursement and expenditure of funds in tertiary institutions failed to carry out their responsibilities, thereby making it easy for corruption to be perpetuated.

    Falana said based on the 1992 agreement, the Federal Government  was compelled to enact the Tertiary Education Trust Fund Act, which established TETFUND as an intervention agency charged with managing, disbursing and monitoring the education tax to public tertiary institutions in Nigeria.

    He said TETFUND announced the commencement of activities to kick-start the 2017 disbursement of N213 billion to the tertiary institutions.

    “Neither ASUU nor any of the campus unions monitored the disbursement of the funds. Also, how many companies are paying two per cent of their annual profit to support our university system?

    “If TETFUND can disburse N213 billion in one year,  it is my view that if the education tax  is well managed, it will go a long way in addressing the crisis of underfunding of our tertiary institutions,” he said.

    Falana suggested that incessant industrial action by the unions would not be necessary if the unions had enforced the agreement, particularly the monitoring of the use of the funds.

    He also noted that following the change in the management of the Joint Admission Matriculation Board (JAMB), its Registrar, Prof Ish’haq Oloyede recently paid N5billion to the (Treasury Single Account (TSA), being  money  realised from the sale of admission forms to applicants last year.

    “While on the other hand,  university administrators have not accounted for the money realised from the sale of post-jamb examination forms,” Falana noted.

    He added: “It is high  time ASUU established  a committee for the purpose of monitoring the management of public funds in the universities, the collection of the two per cent education tax by all registered companies in the country and the disbursement of fund to universities by TETFUND.

    “Unless the public funds allocated to the universities are judiciously spent by the management , it is morally indefensible  on the part of ASUU to continue to embark on industrial action to press for adequate funding of tertiary institutions and improved working conditions of the staff.”

    Nkemdinim, in the 58-page report, said grand corruption in federal universities included “unfair allocation of grades; contract inflation, truncation of staff salaries on the pay roll; employment of unqualified staff; Senator Dino Melaye’s certificate scandal saga; examination malpractices; sexual harassment; issuance of results for expelled student to graduate; while sales of university certificates for undeserving persons have neither been thoroughly investigated nor punished.”

    According to the report, “Other cases of corruption being covered up are: falsification of results; extortion of students; late payment of money due to staff for examination invigilation, excess workload and other allowances; and collection of bribes before signing official documents; intimidation and victimisation by superior officials; promoting preferred staff ahead of others who are equally or more qualified; and deliberately delaying the progress of Ph.D candidates because of departmental politics.

    ”We also found cases of lecturers writing students’ research projects and extorting fees from them; students fronting for lecturers to extort from other students; stealing and misappropriation of university funds; falsification of age; diversion of funds; and ghost workers syndrome; impersonation during examinations; forgery; and diverting internally-generated revenues into personal account.

    “We also found several unresolved cases of diversion of university funds for personal use; embezzlement, mismanagement, unmerited allocation of hostel accommodation, discrimination in the allocation of staff quarters; certificate/transcript racketeering; improper use of university assets; inflation of cost of contracts, award of contracts to friends or relatives; and admission racketeering by non-staff”, Nkemdinim said.

    She lamented that impunity for corruption in the university system has negatively affected the governance of federal universities and the quality of education received by the students.

    “Most of the time lecturers miss classes and they never get punished. Getting a job in the universities is not the question of merit but of connections. Ghost workers syndrome is a problem in the universities”, she noted.

    According to the report, “there have been cases where staff have used their official status to prevent the administration of justice in their units/departments; universities sometimes recruit mediocre or totally unsuitable candidates in preference to candidates of high merit. Most of the time when non-academic staff are not at their duty posts they never get punished. People with questionable degrees/qualifications paid bribes to get into the university system. In several cases, people are employed by federal universities through connection with political authorities.”

    The report, used UNILAG and Ahmadu Bello University, Zaria as case studies, listed other corrupt acts as: “Bribery to get a position; NYSC mobilisation before graduation; facilitating fake transcripts; short-circuiting employment procedures; auctioning university assets without authorisation; politicised disciplinary action; inflated contracts, admission irregularities and racketeering, result falsification; nepotism; sexual harassment; examination question leakages, abetting examination malpractices; and deliberate poor invigilation of examinations.”

    The report read in part: “The focus on federal universities is important because the Federal Government of Nigeria is the custodian of tertiary education at the national level …”

    The report advised university authorities to publish and blacklist individuals guilty of corrupt practices. It suggested total adherence  to provisions designed to ensure the proper conservation and use of resources entrusted to staff in the performance of their jobs in the university’s condition of service.

    It further recommended that unions and other stakeholders should be involved in deciding how funds are to be used for projects in the universities, as well as in developing sanctions for staff who do not report corrupt practices.

  • ‘Kano to domesticate criminal justice law’

    The Administration of Criminal Justice Act (ACJA) 2015 will soon be domesticated in Kano State, the State Attorney-General and Commissioner for Justice Mr. Ibrahim Mukhtar has said.

    He spoke during the a Legislative Advocacy and Sensitisation Workshop on the Domestication and implementation of the ACJA, organised by the Nigerian Bar Association ( NBA) in collaboration with the MacArthur Foundation.

    NBA First Vice-President and Chairman of the association’s Human Rights Institute, Mr. Caleb Dajan, who represented NBA President Abubakar Mahmoud (SAN), said he was pleased that Kano was about to domesticate the law.

    He urged stakeholders to cooperate towards achieving its speedy passage and domestication.

    The project coordinator, Muritala Abdul-Rasheed, noted that before the enactment ACJA, states operated either the Criminal Penal Code (CPC) or the Criminal Procedure Act (CPA).

    He said the old laws were unable to deal with the challenges of long adjournments, congestion, over reliance on technicalities, corruption, collapsing infrastructure, among others.

    “ACJA is aimed at promoting the efficient management of the criminal justice system in Nigeria, speedy dispensation of justice and protection of the interests of both the suspect and victim of crime.

    “For these to be achieved, the law needs to be adopted by all states in the federation to ensure uniformity, clarity and better justice administration,” he said.

    Mukhtar said the draft bill includes provisions to ensure that torture is eliminated in the process of investigation.

    “We didn’t have any criminal justice law in the state but when I came in, with the approval of my Governor, I set up a 16 member committee which I chair because of its importance.

    “The purpose was to look at the existing Criminal Procedure Code and the new ACJA provisions with the hope that we will have a better criminal procedure law combining both the old and new innovations to have the best law in the country,” Mukhtar told our reporter.

    Kano’s 10-man Monitoring and Implementation Committee was inaugurated by Dajan.

    They are Mohammed Inuwa Musa (Chairman), Sagir Sulaiman (Secretary), Mustapha Imam, Salisu Marmara, Sanusi  Maáji, Ekwe Osogu (A deputy superintendent of police), Hussaina Ibrahim, Hauwa Jauro, Basiru Yunusa and M.M Gambo.

    Prof. A.B Ahmed, who represented Prof. Muhammed Tabiu (SAN), described the ACJA as a wonderful legislation and a great reform in the development of the criminal justice system in Nigeria.

    “The ACJA is the result of various consultations on the failure of the CPC and CPA and proceeded to combine both,” he said.

  • How to make special courts work, by lawyers

    How to make special courts work, by lawyers

    On February 1, the Lagos State Government inaugurated Special Courts for Corruption and Sexual Offences for speedy justice dispensation. Lawyers suggest what must be done for the courts to be efficient and effective, ADEBISI ONANUGA reports

    Lagos State judiciary has added to its lists of firsts with the inauguration of the Special Courts for Corruption and Financial Crimes and Sexual Offences.

    The inauguration, which is the first of its kind in Nigeria, occurred at the Rosaline Omotoso Courthouse on February 1.

    It followed a directive of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, to heads of courts to dedicate some courts for corruption and economic crime cases to ensure speedy dispensation of justice.

    For now, four courts have been designated as Special Courts. Two will adjudicate on corruption and other economic and financial crimes while the others will try sexual offences.

    The epoch-making event attracted stakeholders including wife of the Vice President, Mrs Dolapo Osinbajo; wife of the state governor, Mrs Bolanle Ambode; the Presiding Justice of the Court of Appeal, Lagos division, Justice M. I.  Garba who represented the President of the Court of Appeal, Justice Zainab Bulkachuwa; acting Chairman of the Economic and Financial Crime Commission (EFCC), Ibrahim Magu; the Solicitor-General, Mrs Funlola Odunlami, who represented the Attorney-General, Adeniji Kazeem; member of the Lagos State House of Assembly, Mrs Funmilayo Tejuosho who represented the Speaker, Mudashiru Obasa, among others.

    Governor Akinwunmi Ambode promised that the courts would facilitate expeditious hearing and trial of sexual and financial related crimes.

    Ambode, represented by Deputy Governor Oluranti Adebule, said Lagos was collaborating with the British Council under the Rule of Law Anti-Corruption Programme to provide technical support for the anti-corruption fight.

    He said: “I am particularly glad about the designation of two courts to handle sexual related offences as it complements our fight against sexual abuse. These sexual offences courts will have trained and experienced prosecutors to interact with survivors, provide support and ensure timely prosecution of the cases.”

    The governor disclosed that since 2015, the Domestic and Sexual  Violence Response Team (DSVRT) and Mirabel Centre have handled over 400 cases of sexual offences, while 376 cases are being prosecuted in the various courts.

    He said: “With a dedicated court now in place to handle these cases, l am sure that these cases will get the attention they deserve.

    “These courts are an indication of our commitment to making Lagos uncomfortable for perpetrators of such offences and our judiciary, that has always led the vanguard at combating crimes in its own way, is resolved to discouraged same”.

    Road to special courts

    According to Lagos Chief Judge, Justice Opeyemi Oke, the journey towards establishing the special courts started in June 2017.

    She recalled that last year, Vice-President Yemi Osinbajo (SAN) announced plans by the Federal Government to designate specific courts to handle corruption cases.

    Oke said: “He said that the courts would be part of a general judicial reform to make the judiciary more efficient and to facilitate the determination of corruption and financial crime cases.

    “Soon thereafter, the Chief Justice of Nigeria, Hon. Justice Walter Onnoghen during the conferment of the rank of Senior Advocate of Nigeria to 29 senior lawyers in Abuja in September 2017, announced major reforms in the criminal justice system”.

    As part of the reforms, Justice Oke said Mr. Onnoghen directed that all Heads of Court to clampdown on lawyers in the habit of deploying delay tactics in criminal matters before them.

    To effectively monitor and enforce the new policy, she said the CJN announced that an Anti-corruption Cases Trial Monitoring Committee would be set up by the National Judicial Council (NJC).

    “The Chief Justice of Nigeria stated that the Committee would, among other responsibilities, ensure that both the trial and appellate courts handling corruption and financial cases key into and abide by the renewing effort of ridding our country of the cankerworm,.

    “At present, there are over 500 cases of financial crimes and 600 sexual offences cases pending before the high courts in the state,  the bulk of which have now been assigned to the Special Offences Courts.”

    Justice Oke said her administration has commenced a campaign against corruption in the courts and among supporting staff in the Lagos State Judiciary and that all hands are on deck to see an end to the cankerworm that has eaten deeply into the fabric of  justice delivery system.

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

    Justice Oke quoted an article entitled: ‘’A five year analysis of police record on sexual related offences in Lagos State,’ by Gbemileke O. Oladipo, on the statistics of sexual offences in Lagos from 1999 to 2014.’’

    According to her, “a total of 691 sexual offences were reported during the period. Rape accounted for 40.1 percent of the offences, 44 percent of the crimes were committed at the perpetrators houses.

    “Virtually in all, 98.4 percent were females whose ages ranged from four to 56 years. 42 percent of victims were mostly neighbours to the perpetrators. Most of the cases (76.6 per cent) were withdrawn, 12.8 percent were under investigation while the status of 8.5 percent were unknown since 2004.”

    Justice Oke described sexual harassment and violence as serious threats and grave danger to women and children all over the world and a crime that has become an epidemic.

    Mrs. Osinbajo, who commended the state for the initiative, was, however, shocked at the statistics of sexual assaults.

    She said: ‘The statistics quoted by the Chief Justice of Lagos is very frightening, it only speaks of half of the true picture. Behind the figures are the faces of the affected women and girls as well as the men and boys.”

    Mrs Osinbajo, who gave an account of a real life scenarios of sexual violence, said the victims of such offences should never be ignored.

    “We should not ignore the trauma and nightmare that sexual offences bring, let us not forget the girls not only in Nigeria but all over the world”, she said.

    Mrs Funlola Odunlami, the Solicitor-General of Lagos, lauded the state for being the first to implement the CJN’s initiative.

    “We have to make sure that in Lagos State perpetrators of sexual crimes no longer exist. In the Ministry of Justice, there is a particular department with lawyers which is set aside to handle sexual crimes and to ensure that perpetrators are brought to justice,” Odunlami said.

    She added: “Lagos leads and other states follow. Governor Ambode is very passionate about issues relating to domestic and sexual violence; he led the walk `Say No to Domestic and Sexual Violence’ and he is passionate about the work of the DSVRT”.

    Magu, who spoke with journalists after the event, warned corrupt people to be wary of the long arm of justice, saying that “corruption will be fought like never before this year”.

    Magu urged Nigerians to join hands with the Commission in its ongoing fight against corruption, adding that it is the responsibility of everyone to make the country a better place to live in.

    He added that it was imperative for other states of the federation to toe the same line, as directed by the CJN, Justice Walter Onnoghen.

     Lawyers react

    Lawyers commended the establishment of the courts but cautioned that certain things must not be overlooked to ensure efficient and effective justice delivery.

    Those who spoke include Mr Babatunde Fashanu (SAN), Vice President , Nigerian Bar Association, Monday Ubani; a member of the Ogun State Judicial Service Commission, Abayomi Omoyinmi and a former Welfare Secretary, of Ikeja Branch of the NBA, Mr Samson Omodara.

    To Fasahanu, the inauguration was cheery news.

    He said: “First, it shows that the Judiciary is not taking the Chief Justice of the Federation’s directive late last year to that effect as a joke and Lagos State, in particular, hearkens first to the call. It signals a good day for all who genuinely want the fight against corruption and sex abuses to take root and succeed”.

    He suggested that certain things must be in place to make the new initiative work.

    Fashanu said: “Lagos State is already known to have improved the conditions of service of judges tremendously and provided modern materials conducive to speedy dispensation of justice like electronic recording.  However, even though every judge is expected to be above board, only judges proven to be hard-working and of impeccable character should be assigned to those courts.

    “There are judges in the Lagos State judiciary who are known for their zero tolerance to laziness or tardiness by lawyers or prosecutors and who cannot be influenced in any way. It will also help if the judges have some experience in the adjudication, prosecution or defence of criminal cases. Those are the judges needed for those courts”.

    The learned silk, however, pointed out that ‘’the creation of the special courts can only aid the speedy dispensation of cases in those offences, it does not guarantee conviction and punishment of persons charged before those courts. The rest of the work lies with the investigating and prosecuting agencies who need to up their efficiency and ensure thorough investigation of cases before being charged to court to scale the bar laid down by law”.

    Ubani acknowledged the delay in the administration of justice system, especially criminal justice system in Nigeria and the fact that over time, egg heads have come up with several solutions and one of which  is the creation of special court system for specialised offences like corruption,  sexual offences etc.

    “If you will recall that we had undue delays in electoral matters in our court system which necessitated the creation of specialised court for it, and not only creating courts, the laws were amended to set out timelines within which hearings and proceedings were allowed.

    “Today, we can beat our chest and boast that we have achieved some measure of quick resolution of electoral cases whenever elections are concluded. We may not have recorded hundred percent efficiency and effectiveness with the creation of special court over electoral matters but I think we can see more level of success and quick disposal of cases due to the fact of specialisation on that area.

    “The truth of the matter is that we should seek ways to facilitate quicker dispensation of justice especially in our criminal justice system that suffers long delays.

    “We must not only tow this line but ensure that we back it up with substantive laws and proper supervision and monitoring to ensure success. Creation of special courts with no adequate facilities, infrastructures, welfare packages, supervision, monitoring and reforms in areas that deserve it will be a colossal waste of time and resources”, he stated.

    “We applaud the innovation and advise that those judges and administrators who are designated to these specialised courts must try to understand the enormity of their responsibility and ensure the success of the policy. We as responsible citizens must support the move and do a follow up constantly to ensure that the real reasons for this creation are achieved.”

    Omoyinmi remarked that his impression of both special courts on corruption and sexual offences  is a welcome development and very well overdue in view of the creation of more government agencies in the recent time by law to deal with criminal offences aside from the police.

    According to him, a review of our criminal procedure rules is important, in order to have an up to date  standard rules that conform with the reality on ground affecting our criminal practice in Nigeria.

    “Specifically judges should be appointed  to only adjudicate on criminal matters, The special courts will be likened to what is today known as the Old Bailey and or the Crown Courts in the UK where only criminal matters are adjudicated upon to the exclusion of any other courts, even up to the Court of Appeal (Criminal Division). Appointments of more judges and creation of more special corruption and special offences  courts will ultimately among others is the best way to ensure quick, effective and efficient judicial delivery system in criminal matters.

    Omodara emphasised the need for attitudinal change for special courts to be effective in achieving set objectives.

    He said: “Without sounding pessimistic, creation of special Courts may not be effective save attitudinal change by all involved. All stakeholders must be ready or compelled to work assiduously to ensure justice delivery to all viz, the state, defendant and the victim.”

     

  • Wanted: bigger law firms that can compete globally

    Wanted: bigger law firms that can compete globally

    Many ‘big’ Nigerian law firms cannot compete globally because they are small when compared to their counterparts abroad, according to a Senior Advocate of Nigeria (SAN) Mr Osaro Eghobamien.

    To him, the Nigerian Bar Association (NBA) and other regulators should come up with a policy that will encourage law firms to merge to have bigger firms.

    Eghobamien, the Managing Partner of Perchstone & Graeys, said more should be done to enable lawyers play globally.

    He spoke with reporters after his firm announced the elevation of two senior associates to partners.

    On how Nigerian firms can compete for the biggest briefs globally, the SAN said: “If we don’t have the regulator forcing us to merge  and create bigger firms that are prepared for the type of work that will come in, in five year’s time we’ll have small, mushroom firms that are not in a position to deliver the services.

    “When you look at our GDP, and you look at it against the size and level of law firms, it’s nothing compared to South Africa’s. Despite our GDP, firms in South Africa are far more structured and have far more lawyers than you can imagine. Even in Kenya.”

    Eghobamien said some prefer to use foreign law firms, which in turn pay Nigerians lawyers peanuts to append their seals as if they did the job.

    On the way forward, he suggested: “There might have to be some kind of forced mergers. The steps being taken by the regulator to prepare the law firms for the future is still questionable. What are we doing to prepare ourselves for those huge briefs?

    “For instance, when the mergers of banks were done, they could not find any law firms that could provide the services for the mergers and acquisitions. And that’s why you see a lot of the documentation being slightly weak, because we’re not sufficiently schooled.”

    Eghobamien said the problem lies with not having well structured firms that can handle the biggest jobs which are often taken abroad.

    “We have brilliant lawyers who can compete with the best anywhere in the world, but in terms of structure going forward, I fear that if we don’t do something drastic, we’re going to have fewer and fewer lawyers who are specialised, and who can provide the service that is required in a dynamic economy,” he said.

    Eghomabamien believes there was the need for continuous legal education on global best practices especially as legal practice has become globalised.

    “We’re a global village and there needs to be continuous legal education so lawyers can meet the needs of clients. What we do at Perchstone and Graeys is to put ourselves in a position where we can deliver services to our clients, and those services are equivalent to what they are accustomed to receiving anywhere else in the world.

    “That means we need to work as hard as our counterparts abroad in the absence of infrastructure. They have the entire infrastructure, but we don’t. The challenges of legal practice in Nigeria include the absence of soft and hard infrastructure.

    “Of course, integrity continues to be a major issue in the practice of law. I don’t think some of us understand the oath we took on the day we were called to practice,” Eghobamien said.

    The new partners are Elisabeth Ekpenyong and Ugo Obi. A senior associate, Ifedayo Iroche, was named the Head of Chambers and Practice Development (Lagos).

    All the lawyers in the firm got a 40 per cent pay rise, while support staff got a 25 per cent raise.

    Addressing them, Eghobamien said: “Your smile is your logo. Your personality is your business card. And how you leave clients feeling after you have had an encounter with them is your trademark. We want to be a world class firm. We want you to join us in achieving this journey.”

    Ekpenyong has over 15 years’ cumulative experience in legal and financial advisory services. She obtained her law degree from the University of Abuja and holds a Masters  in Banking and Finance Law from the Queen Mary, University of London.

    Obi heads the firm’s Information Communications and Technology Group. Called to Bar in 2004, he obtained his Bachelor of Laws, LL.B with Second Class (Upper Division) in 2003 from the University of Nigeria, Nsukka and holds a Masters Degree in Oil & Gas Law from the University of Aberdeen, Scotland.

    Iroche, called to in 2008, is the firm’s team lead, Corporate Commercial and Company Secretarial Groups. She holds a masters in Law from the University of Lagos (UNILAG).