Category: Law

  • ‘How I fell in love with law’

    ‘How I fell in love with law’

    Law School was so intense that Doyinsola Alege felt she was from another planet. But she soon settled in and finished with a Second Class Upper Division. The First Class graduate of London Metropolitan University shares her story with ROBERT EGBE.

    Family

    My name is Doyinsola Alege. I’m from Oyo State. I’m the first of three children. I have lived in different countries over the years due to the nature of my parents’ work, but as far as Nigeria goes, I grew up in Abuja. This is where I currently reside.

    School

    I attended London Metropolitan University from which I graduated with a First Class Honours Degree in 2014. I attended the Nigerian Law School (Abuja Campus) from which I graduated with Second Class Upper Division. I was consequently called to the Nigerian Bar in 2016.

    Schooling abroad was awesome

    Schooling aboard was an awesome experience. I studied in a multi-cultural city which exposed me to intellectuals from all parts of the world. The system abroad gives you more room to flourish. Everything is just so well organised. University was a bit tough but we survived.

    Law was dad’s idea

    To be honest, it was my dad’s idea. I know he developed a sudden interest in law and didn’t get the opportunity to do it as a second degree. You know how “African parents” can be, trying to live their lives vicariously through their children. Anyway, after my first year at university, I fell in love with law and started to find it highly relatable to my immediate environment and happenings in the society.

    Law School was intense

    Law school was pretty intense. I can say for a fact that only the Grace of God saw me through law school. I remember feeling lost, like I had been dropped off in a different planet, for the first couple of weeks. Everyone around me seemed to know what was happening asides me. When I got myself together, I realised it wasn’t that much of a big deal as I had initially thought.

    Law School grading system unfair

    In my opinion, the grading system is rather unfair. Grading students according to their least grade overall isn’t particularly encouraging. What the current grading system means is that a person who has AAAAD will graduate with a pass. Whereas, under regular grading systems, it could be a First Class. To be honest, it took me a little while to get over the fact that I made a 2:1 just because my least grade was a B+.

    My brother and I were called to Bar same day

    My Call to Bar celebration was quite elaborate, even more so because my brother was called on the same day as me. We are equally the first and only lawyers in both my nuclear and extended family. Generally, my friends and family celebrated our Call to Bar by dinners, picnics, mini outdoor and house parties, church thanksgiving, printing and sharing of souvenirs, and of course, the usual after party “turn up.”

    Greatest challenges

    As a lawyer, you are faced with challenges every day, but since you say “greatest challenges”. I will stick to that. The “greatest” challenges for me so far are: Having to understand that practice is so different from what is taught in law school and trying to adapt to this and having to come up with innovative arguments and solutions to recondite areas of law. Here, your creative side comes to play but at the same time you have to find a way round it to keep it legal, bearing in mind as I have stated earlier ‘recondite’ areas of law. Another challenge is finding the work-life balance. Work schedules get crazy. That hasn’t been particularly easy but I guess I’m handling it.

    My principal is the best

    My principal is the best Oga you could possibly ask for. He is a popular Senior Advocate of Nigeria (SAN), yet very humble and easily accessible. He is sensitive to the struggles of young lawyers. He supports and encourages us in every way he can. He equally takes the welfare and development of his staff seriously. I have no complaints about him.

    I prefer marrying a non-lawyer

    Oh yes! I would marry a lawyer. However, my preference is someone in a different field. Sometimes, I want a break from law, you know….Let’s have other things to talk about asides law and also expand my knowledge in another field.

    Annoying things clients do

    (Laughs) It’s the usual not wanting to pay legal fees for services rendered. Another thing that could be really annoying is that some clients think they know more than you. I guess some of them read articles on law and automatically assume they know the law. They forget these articles cannot replace professional help as there are some technical aspects of law that you will never get in the books. Some of the information could even be wrong.

    No embarrassing court experience

    Luckily, I have not had any embarrassing day at court…yet. Emphasis on yet because I think no practicing lawyer can escape it. I like to think that I have been coping really well.

  • ‘Nigeria needs globally-compliant criminal laws, procedures’

    ‘Nigeria needs globally-compliant criminal laws, procedures’

    Prof Obiora Okafor is the new United Nations (UN) Independent Expert on Human Rights and International Solidarity. A former UN Human Rights Council Advisory Committee Chairperson, Okafor has held the Gani Fawehinmi Distinguished Chair in Human Rights Law at the Nigerian Institute of Advanced Legal Studies (NIALS), the York Research Chair in International and Transnational Legal Studies (Senior Tier) and is a  professor of law at the Osgoode Hall Law School of York University, Toronto, Canada. He was conferred with the Award of Academic Excellence of the Canadian Association of Law Teachers in 2010 and the Gold Medal for Exceptional Research and Major Contributions to Jurisprudence of NIALS in 2013. In this interview with JOSEPH JIBUEZE, Okafor speaks about his UN mandate, the Nigerian legal system, regional supreme courts, law reform, restructuring and anti-graft war.   

    As the United Nations Independent Expert on Human Rights and International Solidarity, what does your mandate entail?

    My mandate is to develop, promote, and eventually shepherd to adoption, a draft declaration on the right of peoples and individuals to international solidarity. For the next three years, I will participate in promoting the importance of international solidarity to a number of important global goals/norms: the achievement of the 2030 Agenda for Sustainable Development, especially those goals relating to economic, social and climate issues; dealing effectively with climate change; adequately handling the global migration and refugee issues that face the world; tackling climate change effectively, etc.

    This is a very significant mandate to hold. When was it created?

    This mandate was created in 2005 by the predecessor of the UN Human Rights Council (the UN Commission on Human Rights) and has been in place since then. In 2014, the Council extended the mandate for a further period of three years. In 2017, the Council further extended the mandate by another  three years, and appointed me as the Independent Expert.

    Why is “international solidarity” such a buzzword today?

    International solidarity is essential for global development, and the attainment of many other very important global goals. For example, the Human Rights Council has affirmed that the achievement of the Sustainable Development Goals (SDGs) and the realistion of the right to development calls for a sense of community and international solidarity. International solidarity here is not limited to international assistance and cooperation, aid, charity or humanitarian assistance; it is actually a broader concept and principle that includes sustainability in international relations, especially international economic relations, the peaceful coexistence of all members of the international community, equal partnerships and the equitable sharing of benefits and burdens.

    Can you tell us more about its importance?

    For example, the challenge of climate change adaptation, including natural-resource management, demonstrates the need for international solidarity. Any infrastructure for environmental conservation and global resource management that is not based on international solidarity and cooperation will be very difficult to sustain. I believe international solidarity can provide the impetus for our collective responses to the interconnected challenges we face in our interdependent world. Happily, the U.N has recognised international solidarity as a new foundational principle underpinning contemporary international law.

    What is the Draft Declaration on the right to International Solidarity all about?

    The Draft Declaration on the right to international solidarity provides an anchor for global partnerships in which international commitments can be nurtured and advanced in a manner that is grounded in human rights law and in respect for human rights principles. This document is the result of years of research and thoughtful consideration by those who have held this mandate before me, as well as significant input from states, civil society, and leading scholars. It is an extraordinary document, which presents a genuine practical tool for the expansion of international solidarity and human rights around the world, with the ultimate goal of realising what was promised by the Universal Declaration of Human Rights: a social and international order in which all human rights and fundamental freedoms can be realised.

    In your address at the 72nd UN General Assembly, you urged states across the world to incorporate the vision of the Draft Declaration. Why did you make that call?

    I called (and I am still calling) on all States to incorporate the vision of the Draft Declaration in their efforts as they strive for the completion of the Sustainable Development Goals 2030 Agenda, in order to create a partnership that is truly global, and development that is truly sustainable. When states incorporate the vision of the Draft Declaration in their efforts to realise the SDGs, this will reaffirm the crucial importance of increasing the resources allocated for official development assistance, and also, make states continually aware to strive to ensure that present generations are fully aware of their responsibilities towards future ones, and that a better world is possible for both present and future generations. This vision should also be incorporated in all their other efforts at collective international action, including – but not limited to – the ongoing negotiations toward the adoption of both a Global Migration Compact and a Global Refugee Compact.

    How can states engage with you on your mandate?

    My mandate requires that I continue to seek views and contributions from governments, UN agencies, other relevant international organisations, and non-governmental organisations in the discharge of my mandate. I will require the cooperation and support of states to supply all the necessary information I may need; and to favourably respond to my requests to visit their countries to enable me to fulfil my mandate effectively. I am also open to consultation and engagement on my mandate, not just from States but also from international organisations and non-governmental organisations too.

    As the UN Independent Expert in the area of human rights and international solidarity, how do you intend to mobilise your expertise in this area?

    I am committed to preparing a road map, at the appropriate time, to assist states as they work toward the adoption of the Draft Declaration by the Human Rights Council and by the General Assembly. I am also willing to facilitate meaningful participation of my mandate in international forums and major global events. For instance, I participated fully in the Stocktaking Conference organised by the UN in December 2017 in Puerto Vallarta, Mexico, on the proposed Global Compact on Migration, and offered several views as to how that document can take account of international solidarity in the human rights area.

    Let me bring you back home to Nigeria: What areas of law reform do think the government should work on?

    There has been some improvement within Nigeria’s legal process, but a lot more remains to be done. Nigeria has ratified and domesticated quite a number of international human rights treaties, but the implementation of some of these laws is still quite problematic. Some of our criminal laws and procedures need to be updated to meet up with the global practice. The effective implementation of these reforms, however, will require a deeper form of human rights-based solidarity among our different formal political groupings/tendencies and ethno-social segments of society, as well as among the different players of the Nigerian legal system.

    Do you agree with calls for restructuring of Nigeria?

    I think most of the calls for the restructuring of Nigeria have emanated from groups who have expressed feelings of marginalisation – politically, economically, or socio-culturally. These concerns are generally valid, and should be addressed honestly, holistically, and with an open mind. However, there is still a great need for the renaissance of the kind of pan-Nigerian solidarity that existed (to an extent) in our pre-independence and early post-independence years. These two things would likely ensure that Nigerians enjoy a just and sustainable peace.

    Some have recommended the creation of regional Supreme Courts as part of restructuring to speed up appeals. Do you think this can help reduce appeal delays?

    Setting up regional supreme courts may take the apex court closer to more people in terms of geography, but it will introduce managerial and administrative issues, including an increasing chance of inconsistencies in judgments, not to mention budgetary demands. There is no easy solution to the problem of delays in determining appeal cases, but new technology can be useful. Electronic filing of court documents can obviate the physical movement of people and papers in appeal proceedings.  This will hasten the appeal process. Additionally, the installation of Digital Transcription Systems in all our superior courts is long overdue. Case management hearings can be introduced and adhered to, and as a rule of thumb, compulsory alternative dispute resolution methods should be emphasised right from when disputes arise.

    As a law teacher, do you agree that standards have fallen in law teaching? How can things be improved?

    I cannot assume that the standards have fallen, but law teaching has to be relevant to an ever-changing world. Legal educators are now discussing legal education as a “continuum” or a professional life-cycle; one that requires coherence between the different stages of a lawyer’s professional development and career. Nigeria produces brilliant lawyers; lawyers who are able to work anywhere in the world and at any level, but there is need to emphasise, more than is already the case, core critical thinking skills in law students.

    Some have expressed fears that the anti-graft war appears to be losing steam. How can high- profile corruption be best reduced in Nigeria?

    Unless public servants and other workers are paid a living wage or something that approximates it, and accountability insisted upon, the tackling of corruption will continue to be a very difficult exercise.

    How can Nigeria improve on its human rights ratings?

    My UN human rights position will not allow me to comment on this at this time.

    What advice do you have for young people, especially millennials who hope to hold a U.N position like you in future?

    As the famous Coca Cola advert states: “Impossible is nothing”. Find out what it takes to get from where you are to where you want to be, and then, work extremely hard at it. But also, you have to lean in, engage, and collaborate. There is also an element of serendipity too – you have to be at the right place at the right time, as not every stop one makes on life’s journey can be foreseen or planned in advance.

  • Defending the hearing impaired

    Defending the hearing impaired

    The Lagos State Office of the Public Defender (OPD) has taken its gospel of free legal representation to Wesley School for Hearing Impaired. Robert Egbe chronicles highlights of the visit.

    Seyi Osokoya loves teaching at Wesley School for Hearing Impaired, Surulere, Lagos. Hearing impaired himself, he finds his pupils to be very intelligent and receptive to learning. But, sometimes, they arrive in class withdrawn and distracted.

    Osokoya, who communicated by sign language, explained why. “Sometimes they come to school without eating,” he said, adding: “Their parents sometimes fail to give them food at home or give them money to buy food. You ask them ‘Have you eaten?’ They’ll tell you no. ‘Do you have money to buy food?’ They’ll say no.”

    Osokoya said he and other teachers often have no choice, but to feed the children from their own pockets.

    Osokoya and his wards’ plight is one of the issues that caught the attention of the Office of the Public Defender (OPD) last Friday.

    The OPD, an agency of the Lagos State Ministry of Justice (MOJ), provides “qualitative and free legal services to the less privileged and vulnerable…”

    Led by one of its directors, Fatai Borokini, who represented OPD Director, Bukola Salami, the agency visited Wesley School 1 and 2 on a sensitisation programme to educate pupils, staff and parents/guardians about the Lagos State Child’s Rights Law 2007.

    It met the Wesley School 1 Principal, Alimi Kehinde, Wesley School 2 Principal, Funmi Ilesanmi, Lagos State Universal Basic Education Commission (UBEC) representative, Sunday Jibefun, over 100 pupils of schools, their teachers and parents.

    Borokini, who lamented the man-made hurdles physically impaired and other vulnerable groups face, urged them to not suffer in silence, but approach any of the state agencies established to protect their rights at no expense.

    He said: “We are here to sensitise you on your rights so you can know what to do and where to go if you are cheated.”

    He explained that the OPD routinely takes up such matters, especially those relating to women and children’s rights and represents clients for free in court in both civil and criminal matters.

    Borokini said: “The daily reality for most children with a disability is that they are often condemned to a ’poor start in life’ and deprived of opportunities to develop to their full potential and to participate in societal activities.

    “They are routinely denied access to the same opportunities for early, primary and secondary education, or life-skills and vocational training, or both, that are available to other children. They either have no voice or their views are discounted.

    “Although they are invariably more vulnerable to abuse and violence, their testimony is often ignored or dismissed. In this way, their isolation is perpetuated as they prepare for adult life. Yet there are changes for the better.”

    He identified some of the rights of vulnerable children enshrined in the Child’s Rights Law, which the OPD is empowered to defend to include right to survival, parental care, education, health services, movement, freedom from discrimination, protection from violence, exploitation and abuse, among others.

    Quoting from a paper issued last Wednesday, Borokini said the OPD secured N189,074,957 as compensation for the vulnerable and less privileged from over 14,000 petitions and court cases it handled between January 3 and December 31, 2017.

    The paper, issued by Mrs Bukola, stated that the funds were received on behalf of clients through mediation, while the cases were handled for litigants free of charge.

    According to her, 7,470 cases were handled from January-December 2017, 4,662 petitions were received, 1,300 petitions concluded and there were 49 rescue missions, among others.

    Borokini also urged the pupils and others living with disabilities to register with the Lagos State Office for Disability Affairs (LASODA) where they can gain access to several benefits provided by Governor Akinwunmi Ambode, which include free bus rides on the Bus Rapid Transit (BRT), interest-free loans and vocational training, among others.

    He added: “Each girl and boy is born free and equal in dignity and rights; therefore, all forms of discrimination affecting children must end.

    “We must take all measures to ensure the full and equal enjoyment of all human rights and fundamental freedoms, including equal access to health, education and recreational services, by children with disabilities, and children with special needs, to ensure the recognition of their dignity, to promote their self reliance, and to facilitate their active participation in the community.”

    Speaking on behalf of the schools, Kehinde thanked the OPD for being one of the agencies that follow up on cases of vulnerable people that are deprived of their rights. “You can see it in their programmes,” he said.

  • Why Trump is 2017 global villain, by lawyer

    Why Trump is 2017 global villain, by lawyer

    A Lagos lawyer, Mr ‘Kunle Uthman, in this piece on United States (US) President Donald Trump’s description of Nigeria as a ‘shithole’, argues that Americans must find a way to moderate his ‘tantrums’.

    In 2017,  the world witnessed in stupefaction, the flip side of the American version of democracy and the weaknesses inherent therein. The global community was dazed and has since then, been continually alarmed on a daily basis, by the reality that one single “world leader”, Donald Trump, could indeed, destabilise the universe.

    It has since dawned on us all, that this  individual, Donald Trump, could negatively impact billions of people worldwide, irretrievably alter the equilibrium of the human race and the affairs of billions of people worldwide. This is even more scary since there is very little or nothing these billions can do to navigate their own destinies than to observe and watch helplessly, dumbfounded, astounded and confused, as a horror television reality show is being played out in real life.

    The intention of the nation-states that founded the United Nations (UN) and the main purpose for establishing UN, as a successor organisation to the League of Nations, was to stabilise the world and forestall a situation where one single ruler or country could hold the entire world to ransom. It was anticipated to provide a platform for checks and balances against hegemony and totalitarianism, which is a feature of extreme dictatorship and tyrannical governments, and to prevent another world war.

    The UN should be commended that, since its inception, it had indeed, had some success, until the emergence of Mr. Trump as the President of America, in contributing to the balance of power in the world, such that no single leader anywhere was able to easily hold the world to ransom. However, the emergence of Mr. Trump as the President of the U S , has shown that the checks and balances envisaged in the UN statutes are flawed, weak and unable to stop a leader, who has the military power and material resources and is bent on destabilising the balance of power in the Globe.

    Therefore, it is of utmost urgency to reappraise that organisation, possibly remove the veto powers or rotate it periodically in order to ensure parity and equality of nation states. This would be in tandem with and respond to modern day realities of the emergence of “megalomaniac” leaders of world powers. Additionally, present day communication and technology realities like the “twitter” and the social media, could afford an individual opportunities to cause global outrage and possibly,  mayhem by merely “fiddling” with his telephone or his computer. This development could not and was not anticipated by the nation states that formed the UN.

    The electoral pundits in the U S  and indeed, majority of the world were wrong when they felt and predicted that Mr. Trump, an American Billionaire estate developer and host of a popular tabloid reality show, had very little chance to defeat Hilary Clinton, the former Secretary of State to Barack Obama. At the height of the campaign, Mr. Obama himself and his wife, Mitchelle, campaigned vigorously for Hilary Clinton, whose record of service and knowledge of world affairs towered far above Donald Trump, who had no experience whatsoever in either political office or public service. Therefore, the entire world, and indeed, more especially, the Americans, were stunned and watched in trepidation and awe as Mr. Trump assumed office as the President of the US.

    From his speech at the swearing-in ceremony, it was obvious that a non-conformist was elected and that he would chart his own path, rule America and impact on the world on his own terms, based on his whims and caprices. He, Trump, was determined to destroy the legacies of Obama, an African American of Kenyan descent, who was his predecessor in office, for whom, it was obvious, he had disdain and considered unfit and unsuitable to have ruled the US. He was further determined to engage and impact on the world on his own personal terms, without consideration of the consequences of his views, utterances and actions on world leaders, countries and peoples of other nations. For instance, according to Mr. Trump, climate change is a hoax and a ruse that deserves no attention and pulled his country out of the Paris Accord on Climate Change, thereby undermining concerted global efforts of almost a decade at tackling this urgent problem and existential threat to humanity.

    Trump, by his utterances and behaviour, hates black people, (recently describing Africa and some other nations  as “Shit-Hole Nations”. He definitely has a disdain and palpable intolerance for black peoples everywhere and, at every opportunity, has ridiculed them despite the fact that the history of the Black Race is intertwined, enmeshed and interwoven with human civilisations everywhere. His views of African immigrants in America is negative and he considers it urgent to send majority of blacks in America back to their “native countries of origin” and obligatory to review their immigration status and to restrict entry of peoples from certain African and Arab countries into the US.

    Mr. Trump also hates Muslims everywhere and the religion of Islam, and considers the religion of Islam atrocious. In his “warped” perception and ignorant view, most Muslims are potential terrorists and should be treated as such. He knows little or nothing about the contribution of Islamic civilisation to humanity and the modern day world, and has possibly never been to the United Arab Emirates, where a large number of Americans regularly travel for Christmas and summer holidays.

    As a consequence of his innate hatred for Black peoples everywhere, especially Nigerians, he desires that the immigration status of the innumerable Nigerians resident in America should be reviewed, because, according to his own twisted assessment and irrational conclusion, the principal reason for these settlement of Nigerians in the US is our unwillingness to return to our “huts” back home, having experienced first-hand the American civilisation. This statement affords us an insight into the mind set and the worldview of Mr. Trump, his “illiteracy” and lack of knowledge or effort to seek knowledge about Nigeria and Africa or, indeed, the rest of the developing world.

    It is obvious and crystal-clear that this American President has little or no knowledge of geography, ignorant about Africa and its civilisation, unaware of the rapid social, intellectual prowess and enterprising capacity of Nigerians and Nigeria itself as a nation state and its impact on world affairs and development. It is an indisputable fact and indeed, an easily verifiable truism that Nigerian cities and towns, which he, Mr. Trump, gleefully refers to as “huts” in truth and reality are adorned with beautiful landscapes and structures that are far better than what they have in some cities in “Trump-land America”.

    But he, Trump, doesn’t care what impact his irresponsible, reckless, false and uncouth commentaries have on other civilisations, especially Africans, who have impacted positively on all aspects of human affairs, especially American civilisation through several decades of painstaking hard-work. He is unaware that the human race as a species originated from the continent of Africa. He forgot that in truth and reality America itself is a land of settlers and immigrants from different civilisations, or that its industry was built on the backs of black Africans.

    Furthermore, in Mr. Trump’s effort and determination to sow discord, cause commotion and confusion in the Arab (and Islamic) world and exacerbate further conflict and tension among the Israelis and Palestinians, and between Muslims and Christian religious communities, he announced his recognition of Jerusalem as the undivided capital of Israel and instructed that the American Embassy in Israel be relocated from Tel Aviv to Jerusalem. The entire world was stunned and appalled by this reckless declaration as it became apparent that the American President has the inordinate desire and capacity to cause confusion and havoc. The spontaneous reaction to his action resulted in wanton destruction of properties and loss of numerous human lives in that region and several other cities. It also exposed the shortcomings of the UN and the gross misuse of the Veto Power. As it were, the organisation can best be described as toothless bulldog.

    Additionally, the neglect, failure and or refusal of both Houses of Congress in the US to check and condemn this unilateral decision of the American President has shown the whole world the intrinsic weaknesses of the America’s celebrated democracy and its democratic institutions. The decision to recognise Jerusalem as the capital of Israel was rightly and unequivocally condemned by most nations and its resultant effect has been carnage, loss of human lives in the Middle East and in several parts of the world, as a result of mass protests and global agitation. Still, the entire world has watched with consternation, apprehension and fear, being unable to stop the emergence of the American version of “Stalin” and the impending “holocaust”.His actions portend grave danger and possibility of a Third World War of nuclear weapons that may lead to the extermination of the vast majority of the human race.

    The “twitter Trump” doesn’t seem to care, because any media house or institution that is critical of his actions,words and unorthodox form of governance is labelled “fake news”. Never in the history of America or world politics has an American President been lampooned, berated and castigated as Mr. Trump. The major news networks and indeed, the social media are confounded and confused by his style of carefree and insensitive leadership. The twitter handle is his medium of communication, avoiding journalists and media houses who may be critical of his mode of government or who challenge his excesses. Thus, it is impracticable to directly question Mr. Trump’s lies and offensiveness, because he has direct access to majority of civilised people globally by simply fiddling with his telephone.

    Mr. Trump’s admiration of and fraternisation with Vladimir Putin, the Russian President is indeed an affront to American sovereignty and its assumed leadership position in world politics. Putin’s verified and confirmed intermeddling in the election that produced Mr. Trump as the President of America and all the damning allegations and accusations associated with that exercise and related to this matter has indeed, undermined the integrity of the American electoral process as porous and susceptible to manipulation, both internally and from abroad.

    To expose Mr. Trump as a leader incompetent to confront and deal decisively with face-to-face challenges, Kim Jong-un, the North Korean leader has shown the entire world what havoc he is capable of causing the human race, by not only displaying his nuclear arsenal, but showcasing and testing his nuclear weapons and capabilities. The entire world was stunned and dazed by this visible show of threat and North Korea’s apparent capacity to land it’s missiles on American soil and inflict maximum destruction. No one has been able to stop Mr. Jong-un or deter North Korea’s nuclear programme, not even Mr. Trump, who has, so far, only resorted to the exchanging childish insults and asinine boasts about the size of his own nuclear button.

    Mr Trump has become a global laughing stock, though a dangerous one, regularly jeered at and lampooned by the North Korean leadership and its people. The global audience is both bemused and appalled, in equal measure, by these two “comic entertainers”, despite the ominous and damning consequences of their actions, if it goes awry, on the human race. However, having so far matched Mr. Trump’s excesses and brash utterances and actions, it appears that here lies, albeit cynically, the balance of power in the globe.

    Unfortunately, the “Siddon look” posture of the Americans and indeed, the entire world in continuing to tolerate Mr. Trump’s divisive and dangerous attitude and to condone his insults and irresponsible behaviour makes all culpable, as this could, conceivably, result in another World War and the retrogression of the human race and its civilisation.

    It is a fact that no other world leader today, in the recent past and since the formation of the UN or since Adolf Hitler, has impacted more negatively on world politics, and jeopardised the global equilibrium as has Mr. Trump. Within one year in the Oval Office, he has shown disrespect for human civilisation by his behaviour and utterances among world leaders, and indeed, the entire world and succeeded in putting the entire world on the brink of catastrophe, both immediate and long-term. Truly, he has continued to diminish the status of his country in global matters and it is apparent that his people are unable to stop him. Consequently, DONALD TRUMP IS “THE GLOBAL VILLAIN OF 2017”.

    It is crystal clear that the American President has continued to diminish the status of the American Presidency, domestically and in world affairs. The high office, which he now occupies is not estate Construction Company or a Reality Show, but the seat of immense power, where caution, care, reason, compromises, rational behaviour is paramount and constitute the parameters to assess good leadership. Similarly, now, during and after Mr. Trump’s tenure as President of the US, the “American Myth” would be no more and they, the Americans, would be accorded the same ignominious courtesies, behaviour and treatment that is becoming the hallmark of their identity since their democratic choice of Mr. Trump as President.

    It is the expectation of most people worldwide that the Americans would find a way of either moderating Trump’s tantrums, fool-hardiness and abrasive behaviour, and ensure that he (Trump) acts and behaves in accordance with the gravity of highest office which he occupies. An alternative, would be to remove him from office, through the democratic process as stipulated in the Constitution of the US. A stitch in time saves nine.

  • The problem with ACJA, by Appeal Court Justice

    IT may be difficult to realise the objectives of the Administration of Criminal Justice Act (ACJA) 2015, if the law’s inherrent challenges are not tackled, Justice M. A. Owoade of the Court of Appeal has said.

    In an address at the maiden  Prof Adedokun Adebayo Adeyemi Foundation  (PAAAF) Annual Lecture Series at the University of Lagos, Justice Owoade, who presided over the Ilorin Division of the Court of Appeal, said there were several challenges impeding the ACJA’s implementation.

    His lecture was entitled: The criminal justice system in Nigeria: Past, present and future.

    He warned that the non-replication of the ACJA across states, poor stakeholders’attitude and dearth of funds may impede the achievement of the objects of the Act.

    His words: “The ACJA has been described by various commentators in different complementary ways. Undoubtedly, it is a great improvement on previous legislations on procedural laws and the administration of the criminal justice system.

    “It is imperative for overall effectiveness and efficacy of the criminal justice system for the ACJA to be replicated in the states of the federation.  The state governments must therefore, be encouraged to replicate the ACJA in their various states. One possible challenge or impediment to the implementation of the ACJA is funding and the other is the need for change of attitude by the various stake holders.”

    The revered jurist identified increased funding of the police and other prosecuting agencies “and a determination by stake holders to make the  system work” as some of the ways to realise the “lofty” goals of the ACJA.

    Justice Bode Rhodes-Vivour of the Supreme Court noted the phenomenal achievements of the Late Emeritus Professor Adeyemi, adding that he was a profound scholar who taught him criminal law in the early 70s at the University of Lagos.

    He applauded the deceased scholar’s widow and Chairperson of the foundation, Pastor Abimbola Adeyemi and her children for keeping his legacy alive through the foundation and the lecture series, urging all stakeholders to work towards an effective criminal justice system.

    The foundation was established last year to foster the legacy and work of the late jurist and former University of Lagos (UNILAG) Dean of Law, who is adjudged as perhaps Nigeria’s foremost criminologist and criminal law scholar. Its advisory board comprises leading criminal law jurists and practitioners, including Professor Taiwo Osipitan (SAN); UNILAG Dean of Law, Prof. Ayo Atsenuwa and prison reform activist, Dr. Uju Agomoh.

  • NBA inaugurates criminal justice administration committee

    NBA inaugurates criminal justice administration committee

    The Nigerian Bar Association (NBA) has inaugurated a committee to oversee the implementation of the Administration of Criminal Justice Law in Bauchi State.

    The committee was inaugurated during a one-day Legislative Advocacy and sensitisation workshop on the domestication and implementation of the Administration of Criminal Justice Act (ACJA) 2015 in the state.

    Members are Muhammad Maidoki, Haruna Mohammed, Mohammed Garba, Abubakar Shuaibu, Yusuf Gital, Maimuna Yusuf, Fadimatu Muhammad, Danlami Hassan, Adamu Gumba.

    The Committee was inaugurated by NBA First Vice-President Mr. Caleb Dajan, who represented the President Abubakar Balarabe Mahmoud (SAN). He urged members do their best to actualise ACJA’s objectives.

    Coordinator of the NBA MacArthur foundation project, Mr. Abdul-Rasheed Muritala, said: “The purpose of this Act is to ensure that the system of administration of criminal justice in Nigeria promotes efficient management of criminal justice institutions, speedy dispensation of justice, protection of the society from crime and protection of the rights and interests of the suspect, the defendant and the victim.

    “We know from experience that the Nigerian Criminal Justice system is predicated on complex matrix of several institutions structured along Nigeria’s expansive and equally dysfunctional federal system.

    “This stated objective of the Administration of Criminal Justice Act is therefore, unattainable unless all levels of Nigeria’s Federal system are aligned and work collaboratively to achieve the purpose of the Act.

    “The Act states clearly in Section 2 that ‘the provisions of this Act shall apply to criminal trials for the offences established by an Act of the National Assembly and other offences punishable in the Federal Capital Territory, Abuja.’

    “It was to promote the purpose of this Act, to achieve a reformed criminal justice administration that the NBA leadership prioritised the advocacy not just for the adoption and domestication of the ACJA across the country, but also to enhance the capacity of agencies and personnel involved in its implementation.

    “We also hope to create appropriate platforms to review, share experiences and identify the difficulties encountered in the implementation of the Act so far, and articulate improvements,” he said.

    The three-year project is supported by the John D. and Catherine T. MacArthur Foundation, which aims to strengthen the Nigerian criminal justice system and promote wide-spread criminal justice reform across Nigeria.

    “The NBA seeks to use this project to improve the state-level adoption rates of the ACJA, 2015, which is a federal legislation currently domesticated in about 11 out of 36 States and the Federal Capital Territory (FCT) of Nigeria.

    “It also seeks to ensure that the innovations introduced in the ACJA are uniformly and independently adopted by all states of the Federation subject to local peculiarities with the following objectives,” Murtala said.

  • Money laundering: Dilemma of a conflicted govt

    The controversy surrounding the suspension of Nigeria from the Egmont Group and the outburst of Professor Itse Sagay on the attitude of the Nigerian Government towards the fight against corruption cast a shadow of doubt on the sincerity of the Buhari-led administration.

    In any case, there is so much distrust in Nigeria that people find it difficult to believe that any government can genuinely fight corruption, despite the anti-corruption mantra it rode to victory in the 2015 polls. However, upon a closer examination of key institutions that should assist the government in its endeavor, one sees that it is yet business as usual.

    Nothing has really changed, corruption in the police force has gained momentum, degenerating into absurdity. The Nigerian Police hawks corruption on the streets with impunity, making many question their readiness and willingness to fight corruption. The lackluster approach of the Independent Corrupt Practices and other Offences Commission (ICPC) to the prosecution of perceived offenders and the media prosecution by Economic and Financial Crimes Commission (EFCC) is quite unfashionable.

    The key concern of the Egmont Group is lack of transparency in the administration of the Nigeria Financial Intelligent Unit (NFIU) under the control and supervision of the EFCC. Nigeria has consistently ignored and reneged on its commitment to make the NFIU independent of government interference as provided under Recommendation 29 of the International Standard set by the Financial Action Task Force (FAFT).

    Despite a change of government in Nigeria, there is little evidence that the Buhari administration is indeed committed to change. The government must embark on key institutional reforms in order to effectively fight corruption and for it to be taken seriously by the international community.  Why do we need to bother over the suspension of Nigeria by the Egmont Group and what exactly are the activities of the Group? The Egmont Group is a body composed of 154 financial intelligence units across the world. It is an informal international association of Financial Intelligent Units (FIU) set up in 1995 to provide a forum for mutual co-operation and to share information.

    The aim of the Egmont Group is to fight money laundering and terrorism financing through exchanges of expertise and financial intelligence.  Anyone familiar with these matters knows that the need for collaboration across borders is informed by the international nature 0f money laundering and terrorism financing. Any country that wants to succeed in its fight against terrorism and money laundering must, therefore, align with the goals and objectives of the Egmont Group. This is why experts and other members of the public were alarmed when it became public that Nigeria’s membership of the group has been suspended. To be clear, the suspension is a fatal blow to the current administration’s fight against corruption and a big threat to Nigeria’s financial system which struggled in recent times.

    The inability of the government to trace the source of funding of Boko Haram and their sponsors till date attest to the vulnerability of the Nigerian’s financial system. It is part of the broad mandate of NFIU to protect the financial system from abuse by terrorists.  The effort of the Nigerian army must be complemented by the NFIU if the fight against insurgency in the North East must be won. No doubt, Boko Haram has sustained its fight against the Nigerian state by exploiting the weaknesses of the country’s financial system. While everyone can appreciate that our national security is threatened by terrorism, we also need to be alert to how our financial system is also compromised by terrorist activities.

    The NFIU like its counterpart around the world is established to carry out the following three basic functions;

    • To act as a central repository of reports of suspicious transactions and other disclosures
    • To analyse the reports received in order to determine which constitute evidence of potential criminality activity.
    • To disseminate the resulting intelligence as part of a country’s efforts at anti-money laundering and combating the financing of terrorism.

    Failure to demonstrate commitment to these functions with regards to the independence of the NFIU defeats the very essence of Nigeria’s membership of the Egmont group.  The Nigerian financial system is part of the global financial system and cannot operate in isolation. Therefore, in order not to be cut off from the rest of the world, the NFIU must be restructured in a manner that confers independence and neutrality.

    The implication of Nigeria’s suspension from the Egmont group has a far-reaching effect.  NFIU is shutdown from accessing the Egmont Secure Web (ESW) and cannot exchange sensitive information with other member countries in order to carry out international investigation. Nigerian banks may soon be unable to enjoy corresponding banking services which may hamper international monetary transactions and trade.

    The cooperation Nigeria enjoys from other FIUs in the recovery of looted funds will be withdrawn whilst International donor agencies may redirect international intervention funds to other countries within the Egmont Group.  If nothing is done before the deadline set by the Egmont Group, Nigeria will eventually make the list of Non-Cooperating Countries and Territories. Dealing with Nigerian banks will require enhanced due diligence by other financial institutions around the world. We certainly do not want these needless hassles.

    Considering the inappropriate manner the NFIU is being managed under the EFCC, we are faced with a grave concern, especially because the NFIU is deprived of the credibility it deserves. The NFIU has been accused of divulging confidential information and constantly leaking sensitive intelligence to political interest groups and the media.  If there is any truth in this allegation, then the trust component of the mutual cooperation among members of the Egmont Group is eroded and undermined by the NFIU. There is, therefore, a need to restructure the NFIU itself, a process that can take different forms.

    However, it must be stated that having the NFIU under the EFCC is not the problem as it were; it is the body’s lack of independence within the EFCC that needs to be addressed. There are different models of FIUs that may be considered outside the current model. The most important factor in any structure or model is independence of the NFIU.

    • To be continued next week
  • Alleged debt: Ex-bank chief sues mortgage bank for N500m

    Alleged debt: Ex-bank chief sues mortgage bank for N500m

    Former chairman of the defunct Intercontinental Bank Plc, Dr Raymond Obieri, has filed a N500 million suit against Trustbond Mortgage Bank Plc.

    The suit is over alleged indebtedness arising from the winding up of the defunct Summit Capital and Asset Management Limited.

    In a writ filed through his lawyer, Dr Oladapo Olanipekun, the plaintiff is seeking an order awarding him the amount as general damages.

    He is also seeking orders awarding him N10 million as special damages, N15 million as exemplary damages and N10.5 million as cost of the action.

    The plaintiff is also praying for an order restraining the defendant, whether by itself or by its officers from sending any petition to any law enforcement agency in respect of matters arising from the assets and liabilities of the defunct Summit Capital Asset Management.

    The plaintiff is also seeking an order restraining the defendant or its agents from further harassing, threatening, intimidating, blackmailing or extorting him.

    The plaintiff, among other prayers, asked the court for a declaration that the defendant’s actions and assertions made in a letter to the plaintiff dated November 7, 2017 are unlawful and contrary to the provisions of Companies and Allied Matters Act.

    In a 29-paragraph statement of claim in support of the writ,  the plaintiff said that unless  restrained by the court, the defendant’s alleged unlawful acts of harassment, blackmail, intimidation and threat, will cause further significant loss of income, distress, trauma to the plaintiff and may cause incalculable damage to his career and respected personality.

    The plaintiff averred that as a result of the mental and emotional distress he suffered by the defendant’s action, he has been unable to conduct his business transactions properly, resulting in loss of income.

    The plaintiff averred that the defunct bank and its subsidiaries had extensive business relations with Summit Capital and Asset Management.

    According to him, the defendant, when it was known as Intercontinental Home Savings and Loans Limited, made investment of N845.6 million, made up of N752.5 million capital plus interest of N93.1million.

    It alleged that Summit Capital advanced loans to staff of the defunct bank, exceeding its investment of N845.6 million but which was not repaid.

    The defendant averred that sequel to acquisition of the bank by Access Bank, issues of group debt were discussed, accepted and schedules forwarded to Access Bank.

    During winding up, the  Board of Summit Capital and Asset Management took a decision and debt owed to Intercontinental Home Savings and Loans  was set off against the debt owed by Intercontinental Bank staff.

    The plaintiff contended that the winding up of Summit Capital and Asset Management was done  in good faith.

    It averred that International Home Savings and Loans on June 22, 2012 sought leave of court to issue proceedings against Summit Capital but the matter was struck out.

    The plaintiff averred that he has been singled out by the defendant for alleged malicious and acts of harassment and intimidation despite that he was not a sole director to Summit Capital and Asset Management and sole signatory to statements issued in the course of  winding up of its affairs.

    Legal Adviser and Company Secretary to Trustbond Mortgage Bank, Mr Mark Okoye said the bank was in the knowledge of the suit and that its lawyer was in the process of responding to it.

    Okoye said Summit Capital and Asset Management is indebted to Intercontinental Homes, now TrustBond Mortgage Bank Plc, to the tune of N983,633,559.49k as at March 27, 2012.

    He said the money was placed  with Summit Capital as money market investment and that interest continues to accrue on the amount.

    The debt is over N3billion.

    According to him, the alleged indebtedness was fraudulently,  wilfully and maliciously omitted from the Statement of Assets and Liabilities of  Summit signed by Dr Obieri and  filed with the Corporate Affairs Commission (CAC), Abuja, prior to obtaining the consent of the Commission to the Voluntary Winding-up  (now liquidated).

    He said the fraud was discovered last year when TrustBond obtained the documents filed by Summit at CAC.

    The court is yet to fix a date for hearing.

  • 18-year Mobil, employees’ dispute nears resolution

    18-year Mobil, employees’ dispute nears resolution

    The Supreme Court has reserved judgment for April 20 in the case of 860 Nigerians employed by Mobil Producing Nigeria Unlimited. What will be their fate? ERIC IKHILAE reviews the case.

    About eight years after Mobil Producing Nigeria Unlimited lodged an appeal at the Supreme Court against the May 21, 2009 judgment of the Court of Appeal, Calabar, ordering it to accept responsibility for the 860 Nigerians it employed as security guards, the apex court has scheduled judgment for April 20 this year.

    The judgment will put to rest the about 18-year-old dispute on the status of the 860 Nigerians and the pains and misery to which they have been subjected since the company disengaged them under questionable circumstances when the dispute began.

    Court documents revealed that the Nigerian workers were variously employed in early 1990s by Mobil in its security unit. But for unknown reasons, the company chose to refer to them as: “SPY Police of Mobil Producing Nigeria Unlimited,” a decision that later created confusion over the actual status of the workers.

    On January 23, this year, a panel of five Justices of the Supreme Court, led by Justice Bode Rhodes-Vivour, chose April 20, 2018 for judgment after parties had argued and adopted their written briefs of argument in respect to the appeal marked: SC/33/2010 lodged by Mobil.

    Named as 1st to 15th respondents in the appeal (representing the 860 Nigerians) are Okon Johnson; Nkereuwem Akpe; Nsitighe Ikpam; Calistus Nwafor; Emmanuel Nwokezi; Eric Teenwi; Affiong Etim; Amangi Ala; Joseph Bamishaye; Godwin Tombra; Charles Okon; Dada Rotimi; Raji Lateef; Taiwo Laidi and Opubo Sukubo.

    Other respondents, listed as 16th, 17th and 18th, are the Inspector General of Police (IGP), Commissioner of Police, Akwa Ibom State and the Nigeria Police Council (NPC).

    Kayode Sofola, a Senior Advocate of Nigeria (SAN),  adopted the appellant’s briefs on January 23 this year, urged the court to allow his client’s appeal and set aside the May 21 judgment of the Court of Appeal, Calabar, which held among others, that it was wrong for Mobil to seek to evade its responsibility in relation to the 860 Nigerians, by claiming that they were employees of the Nigeria Police Force.

    Sofola insisted that the Nigerians, including the 15 listed in court papers (as representing the others) were supernumerary police officers, because they were administered the oath of allegiance, dressed in police uniform, availed all other police paraphernalia and trained by the police.

    He noted that the Nigerian workers described themselves, in one of their affidavits, as supernumerary police officers, which amounted to an admission that they were not employees of his client.

    Sofola also faulted the mode of commencing the case at the trial court, which he said, led to the denial of fair hearing to his client.

    In his notice of objection, Sofola argued that since the facts in the case were hotly disputed, the suit ought not to have been commenced by way of originating summons. He said the mode of commencing the suit denied his client the opportunity to lead oral evidence to support its claims.

    In a contrary argument, lawyer to the 1st to 15 respondents, Femi Falana (SAN) faulted Sofola’s claim that his clients were denied fair hearing.   He argued that there was nowhere in the appellant’s brief any evidence to show that its right to fair hearing was violated.

    Falana noted that the appellant did not, at the Court of Appeal, challenged the mode with which the suit was commenced at the trial court and could not now do so at the apex court. He added that the argument on fair hearing and the case cited by Sofola in support were irrelevant to the case.

    On the status of his clients, Falana argued that Sofola failed to provide any evidence that Mobil complied with the laid down procedure for the appointment of SPY policemen by the Nigeria Police Force.

    He noted that Mobil admitted that it conducted examination for the employment of the applicants at the trail court (the Nigerian workers), issued them with employment letters, sent them to the police for training and continued to pay their salaries through the police.

    Falana said: “It was Mobil Producing the conducted the examination for those they wanted to employment as security guards. Those, who passed, were issued employment letters by the company, but later sent to Police College, Calabar.

    As against the claim by Sofola that the Nigerians earn their salaries from the Nigeria Police Force, Falana argued that the salaries of the Nigerians were paid by  Mobil, but through the police.

    He added: “When this question arose, as to the status of the 1 – 15 respondents, the IGP clarified the issue that the responsibilities of Police regarding the SPY is mainly on training, upon the request of the employer.

    “On the face of the letter of employment, salaries and allowances paid by the appellant (Mobil) through the police, the findings of the lower court (Court of Appeal, Calabar) cannot be faulted.

    “The procedure for the application for SPY requires that an application be sent to the IGP, who will send it to the President for approval. That requirement was not complied with,” Falana said.

    He urged the court to reject the appeal and uphold the earlier decision of the Court of Appeal, Calabar on the issue.

    Lawyer to the IGP, Commissioner of Police, Akaw Ibom and NPC, Sebastian Ozoani did not file any process in response to the appeal, but did so in respect of the appeal by his clients, marked: SC/378/2010.

    Ozoani, while arguing his client’s appeal, faulted the contract between Mobil and the Nigerians. He, also faulted the letter of employment issued to them by Mobil.

    He said the letters did not contain the necessary elements required globally to qualify them (the employment letters) as valid ones.

    He urged the court to hold that the workers (listed as 2nd to 16th defendants in the second appeal) are employees of the Nigeria Police.

    In a counter argument, Falana argued that the appeal by the police lacked merit and was intended to waste the court’s time.

    Falana noted that the IGP, Commissioner of Police, Akwa Ibom State and NPC did not file any process when the case was before the Court of Appeal.

    He contended that “the case is about private contract between the 1st res and the 2nd to 16 res. It has nothing to do with the police. The IGP has said the police has no business with them beyond training them”.

    In 2000 a dispute arose about the status of the security guards, with Mobil claiming to have transferred their employment to the Nigeria Police Force (NPF). Mobil claimed it engaged them as SPY police personnel, and not actual staff; a claim the affected workers disputed, with some of them refusing to be transferred out of their stations.

    They alleged being victimised, with some sacked unceremoniously for insisting on right to being entitled to be treated as other employees of Mobil. They alleged that, aside from being subjected to harsh working condition, they were compelled to sign a document identified as “Mobil Producing Nigeria status agreement for supernumerary police service condition agreement.”

    The workers said although some of them succumbed and endorsed the documents, others stood their ground, and later sought the protection of the court by filing a suit at the Federal High Court, Uyo, Akwa Ibom State, marked: FHC/UY/CS/2004.

    In a judgment on January 24, 2006, Justice Gladys Olotu ruled in favour of Mobil. The judge said, among others, that although the Mobil did not fully comply with the requirement under the Police Act, in recruiting SPY policemen, it could be assumed that it complied, having substantially complied with some of the regulations

    The Nigerian workers appealed Justice Olotu’s decision at the Court of Appeal, Calabar, Cross River State, which rendered its judgment  on May 21, 2009 a nullity.

    A three-man panel of the Appeal Court, in its May 21, 2009 judgment, held among others, that the Nigerian workers were Mobil’s employees and ordered it to assume its responsibilities as they relate to the Nigerian workers. The panel comprised Justice Kumai Akaahs, Jean Omokri and Theresa Orji-Abadua.

    Justice Orji-Abadua observed, in the lead judgment, that: “It is clear in exhibits D and E (Mobil’s letters to the Police, requesting training for its security recruit) that the 1st respondent (Mobil) was referring to their own security men as Supernumerary Police recruit, and it wanted them to be trained by the Nigeria Police in respect of which it made application to the Commissioner of Police in charge of Cross River State.

    “In exhibit F (a November 1, 1996 letter by Mobil’s Security Advisor, B. O. B. Duke), the 1st respondent requested the Commissioner of Police to recruit its security personnel into the Police Supernumerary outfit.

    “It is clear therein that as at the date exhibit F was written, the appellants (the affected staff) had not, according to the 1st respondent, been recruited as supernumerary police officers.

    “It is also clear, in exhibit C2, that it is the 1st respondent, in the figment of its imagination and its hallucinating state, that offered the appellants employment in its security unit and described them as SPY Constables.

    “It is clear as crystal, in the processes filed before the lower court (Federal High Court) and the documents exhibited, that the 1st respondent and officers of the 2nd to 4th respondents (IGP, Akwa Ibom State Police Commissioner and Nigeria Police Council) were oblivious of the requirement of the law or its stipulations in so far as the requirements, employment/appointment of supernumerary police officers were concerned.

    “Undoubtedly, the hood does not make a monk. The fact that the appellants were described as SPY Police Mobil Producing Nigeria and were adorned with Nigeria Police uniforms and other paraphernalia cannot make them Nigeria policemen.

    “As a matter of fact, the appellants were made to believe they were being recruited into the Security Unit of the 1st respondent as the SPY police of Mobil Producing Nigeria Unlimited, but not as Nigeria Supernumerary Police officers,” she said.

    Justice Orji-Abadua further held that it was immaterial whether or not the appellants thought they were Nigeria Police SPY, and that what confers the status of a police on a person is not the wearing of uniform or being called a police, but the process of the person’s recruitment in accordance with the law creating his employment.

    She noted that: “Section 18(1) & (2) of the Police Act expressly stated the way and manner a supernumerary police officer will be appointed upon the application of the person desiring to take advantage of the services of police for protection of his property. It is clear that any step short of the ones prescribed by the Police Act will be null and void.

    “The appellants were not employed by the Nigeria Police Force and then appointed as Supernumerary Police Officers by the Police Service Commission on the directive of the Inspector general of Police for the protection of the 1st respondent’s property as envisaged by Section 18(1) & (2) of the Police Act.

    “They were and still are the employees of the 1st respondent since there was no affidavit evidence indicating that the appellants’ employment had been determined by the 1st respondent,” Justice Orji-Abadua said.

    It is this Court of Appeal’s decision that Mobil appealed to the Supreme Court and on which judgment has been reserved for April 20, this year.

  • NBA election: Eastern Bar to endorse candidates Saturday

    The tenure of the Nigerian Bar Association (NBA) executive led by Abubakar Balarabe Mahmoud (SAN) will end in less than six months.

    New officers will be elected to run the association’s affairs for the next two years.

    They will be inaugurated in August during the NBA Annual General Conference.

    It is the turn of the Southeast and Southsouth to produce the NBA President based on the association’s zoning arrangement.

    The Eastern Bar Forum (EBF) of the NBA, comprising lawyers of the Southsouth and Southeast extraction, is expected to choose a candidate for the Presidency.

    It is also expected to endorse candidates for other elective positions.

    Members will meet on Saturday in Port Harcourt, the Rivers State capital, during the EBF quarterly meeting.

    However, the candidates cannot campaign openly as the ban on vote seeking is yet to be lifted by the NBA National Executive Committee (NEC).

    The EBF comprises lawyers from the nine states that made up old Eastern Region, including the Southsouth states of Rivers, Cross-Rivers, Akwa Ibom and Bayelsa, as well as the Southeast states of Anambra, Imo, Abia, Enugu and Ebonyi.

    During its last meeting in Abakaliki, Ebonyi State capital, the EBF set up a screening committee chaired by its governing council chairman Mr. Arthur Elvis Chukwu.

    The committee’s mandate was to screen all aspirants for elective positions in the NBA in the forthcoming elections.

    The committee sent out and published guidelines for candidates who may seek EBF’s adoption.

    It is widely believed that interested candidates might have complied with the rules and regulations.

    On Saturday, the Forum is expected to, among other things, adopt its candidates for the election and thereafter sponsor them for the election.

    The four candidates aspiring for the presidency are Mr Paul Usoro (SAN), Chief Arthur Obi-Okafor (SAN), Prof. Ernest Ojukwu (SAN), Mr. Ikeazor Akariwe and Mazi Afam Osigwe.

    The last NBA President of EBF extraction was Mr. Okey Wali (SAN) (2012 to 2014).