The Nation Newspaper

Category: Law

  • ‘NBA cleared SAN before rank was withdrawn by LPPC’

    ‘NBA cleared SAN before rank was withdrawn by LPPC’

    The Nigerian Bar Association cleared a Senior Advocate of Nigeria (SAN) Mr Kunle Ogunba of the misconduct allegations made against him by Honeywell Group before the Legal Practitioners Privileges Committee (LPPC) withdrew his rank, it was learnt.

    The LPPC, in a statement last Thursday signed by its Secretary and Registrar of the Supreme Court, Hadizatu Mustapha, announced the withdrawal of Ogunba’s rank and privileges based on a petition by Honeywell Group.

    LPPC said: “The misconduct alleged consists of the institution of multiplicity of proceedings before different judges of the Federal High Court on the same subject with the deliberate aim of abusing the process of court and derailing the course of justice.

    “After a thorough investigation of the petition by the sub-committee set up by the LPPC (at which the respondent was given a fair hearing), it was decided that the petition is meritorious.

    “Consequently, the LPPC at its 129th plenary meeting have withdrawn the rank of Senior Advocate of Nigeria from Kunle Ogunba Esq and other privileges attached to the rank forthwith.”

    The LPPC also announced that a lawyer, Oluwatoyin Bashorun, has been barred from applying for the rank for three years for allegedly staying in a rented apartment “for nine years without paying rent”.

    But, the NBA, in its August 5, 2016 response to Honeywell Group’s petition against Ogunba, signed by its then General Secretary Mazi Afam Osigwe, said it would not refer him to its Disciplinary Committee.

    “We regret to inform you that a careful reading of the petition failed to disclose any alleged infraction of the Rules of Professional Conduct 2007 in respect of which Mr. Kunle Ogunba (SAN) could be called upon to offer an explanation

    “It is a principle of law that companies are separate legal entities capable of suing and being sued.

    “Placing this principle side by side your allegation of abuse of court process, we are satisfied the cases referred to as well as the court processes attached by your good-selves failed to show the existence of a case involving same parties in respect of same facts and seeking same reliefs,” NBA said.

    The associations listed the suits as Anchorage Leisures Ltd & 2 Ors vs Ecobank Nig Ltd (FHC/L/CS/1219/2015); Ecobank Plc vs Honeywell Flour Mills Plc (FHC/L/CP/1569/2015), Mr. Oba Otudeko vs Ecobank Nig Ltd (FHC/L/BK/19/2015), Ecobank Nig Ltd vs Siloam Global Services Ltd (FHC/L/CP/1572/2015), Econank Nig Ltd vs Anchorage Leisures Ltd (FHC/L/CP/ 1570/2015), Ecobank Nig Ltd vs Honeywell Group Ltd (FHC/L/CP/1571/2015) and Ecobank Nig Ltd vs Honeywell Flour Mills Plc (FHC/L/CP/ 1689/2015).

    “It is difficult to concede to the allegation that the suits amount to abuse of court process upon which a disciplinary proceeding should commence,” NBA said.

    According to the association, the suits by Otudeko and Anchorage Leisures seek a declaration that they are no longer indebted to Ecobank and that the bank should be restrained from publishing their names as bad debtors.

    NBA said it found that Ecobank’s actions against Honeywell Flour Mills and Honeywell Group were petitions filed consecutively for winding-up proceedings against them, but were later discontinued to correct anomalies in them.

    It added that the Ecobank’s suits against Siloam Global Services and Anchorage Leisures involve petitions for winding-up “against the two different companies”.

    NBA said: “The fact the companies may have common ownership or directors does not make them the same entity or preclude the presentation of petitions against them if counsel believes grounds exist for doing so.

    “A careful examination of the court processes filed by parties at the various suits indicates differences in either parties or reliefs sought, which defeats your (Honeywell’s) allegation of abuse of court process.”

    NBA said a Court of Appeal judgment which Honeywell attached to the petition “did not make any pronouncement against the Respondent (Ogunba) on the issue of abuse of court process”.

    According to the association, the appellate court did not indict Ogunba, therefore, the judgment would “not be used as a basis for coming to the conclusion that grounds exist for commencing disciplinary hearing against the respondent”.

    “The respondent’s actions are in our respectful view in line with the duty of a counsel to do everything which in the exercise of his discretion he thinks best for the general interest of his client, which cannot be fettered by subjecting him to disciplinary proceedings.

    “The respondent owed his client a duty to take all lawful steps to directly and or indirectly represent his client and or get the best in the circumstance for his client in reliance on the best of his professional ability.

    “We are of the informed view that the actions and or decisions taken by the respondent were not only authorised by his instruction but were made in the course of an attempt at arriving at an amicable settlement in the matter.

    “The respondent’s actions in the course of representing his client are instilled by his duty to get the best for his client and do not impugn the integrity of the legal profession.

    “We are, therefore, of the considered belief that the allegations contained in the petition under reference do not contain facts indicating any infraction of the Rules of Professional Conduct.

    “In the light of the foregoing, we will be unable to further inquire into the matter by forwarding the petition to the Legal Practitioners Disciplinary Committee. The petition is hereby dismissed as it lacks merit,” NBA said.

  • Isara Remo kingship stool: Court fixes Jan 24 for adoption of written address

    Isara Remo kingship stool: Court fixes Jan 24 for adoption of written address

    An Ogun State high court sitting in Sagamu has fixed January 24 for the adoption of the final written address in a suit filed by Prince Adetayo Odunsi challenging the nomination of Mr. Albert Mayungbe as candidate-elect to the stool of Odemo of Isara Remo by the kingmakers.

    Justice A. A. Babawale fixed the date owing to the failure of the government’s counsel to file his written address within the stipulated time and as agreed to by parties on November 6.

    At resumed proceedings, counsel to the 15th to 18th defendants, Mr A. A.  Adefala sought the court’s permission for an extension of time within which to file his written address.

    The 15th to 18th defendants are Governor of Ogun State; Executive Council of Ogun State; the state commissioner for Chieftaincy and Local Government and the state Attorney-General and Commissioner for Justice.

    Aside Albert Mayungbe, other defendants in the suit are Chief Wasiu Ekundayo; Secretary, Remo North Local Government; Oliwo of Isara, Chief Ajibowu Ogunfowodu; Apena of Isara, Chief Jimoh Soyombo; Chief Ladipo Ogunyemi; Ogbeni Odi of Isara, Chief Olajubu Osibote; Ekeji Asipa Odi, Chief Tunde Kalejaiye; Asipa Odi of Isara, Chief Owuye Logba as second to ninth defendants.

    Others are Ekeji Asipa Odi of Isara, Chief Efuwape Sotikare; Olori Emo of Isara, Chief Bashiru Awoniyi; Ekeji Olori Emo of Isara, Chief Korede Ogunwole; Asipa Emo of Isara, Chief Nosiru Sodipe; and Ekeji Asipa Emo, Chief Adewole Sopitan.

    Adefala said he had an application before the court dated last November 28,  and filed last December 6, brought pursuant to Order 4, Rule 4 of Civil Procedure Rule of Ogun State High Court.

    He said the application was supported by an eight-point affidavit deposed to by one Ogunniyi.

    He said the application sought an order of the court for an extension of time within which to file their written address and an order deeming the written address to have been filed.

    Counsel to the claimant, Mr Muyiwa Obanewa and Counsel to the first, sixth to ten and 14th defendants, Dr Victor Odunaiya, did not opposed the application.

    Odunaiya also informed the court that he had already filed his written address and that the written address filed by government counsel will not affect his final submissions.

    Obanewa also gave commitment to file his response to the written address within seven days of receipt of the document.

    Justice Babawale granted the request of Adefala and adjourned the matter till January 24.

    At the last sitting of the court, a former Deputy Director, Ministry of Local Government and Chieftaincy Affairs, Mr Akinrinwale Opeolu, while under examination by counsel to the claimant, Obanewa, told the court that he could not recall any instance where an ‘Odi’ is presented as candidate for kingship position in Yorubaland.

    Akinrinwale, is a defence witness, with five years, nine months experience in the Ministry of Local Government.

    When asked by Obanewa that, with his experience in the ministry and as a Yorubaman, if he could recall any instance that an ‘Odi’ was presented as a candidate for kingship in Yorubaland, the defence witness  said: “I wouldn’t have known if there was such an instance.”

    In his statement of claims,  Prince Odunsi, maintained that he is a direct descendant of the late king Oyemade Mayungbe and progenitor of Erinsiba Ayoledoye Ruling House and averred that he is the lawfully entitled to the stool of Odemo of Isara.

    But the first defendant, Albert Mayungbe, in his counter-claim, had insisted on being a bonafide member and descendant of the Erinsiba Ayoledoye Ruling House.

  • ‘How Nollywood actor motivated me’

    ‘How Nollywood actor motivated me’

    After bagging a Second Class Upper in Political Science, Tochukwu Okechukwu’s dream was to hit the labour market after his mandatory one-year National Youth Service Corp’s ( NYSC ) programme. But fate had other ideas. He shares his story with ROBERT EGBE.

    Family

    I am Tochukwu Georgecollins Okechukwu ( TGO ), from Adazi-ani in Anaocha Local Government Area of Anambra State. I am the second child in the family of Mr. & Mrs. Okechukwu Boniface Offor.

    Education

    I am a graduate of Political Science ( 2007-2011 ) and Law ( 2012-2016 ), with Second Class ( Upper Division ) honours from the University of Nigeria ( UNN ), Nsukka. I attended the Lagos campus of the Nigerian Law School ( 2016/2017 ) and graduated with a Second Class (Lower Division) honours.

    Choice of law

    My choice to study Law wasn’t actually my entire personal plan. During my National Youth Service Corp ( NYSC ) year in 2012, all I wanted was to hit the labour market afterwards. However, the plan changed when I received a phone call from my dad, informing me that I should apply for the Joint Admissions and Matriculation Board (JAMB) direct entry admission to study law. I went for the entrance examination without any preparation just to fulfill the biblical obligation that says “Child respect your father and mother so your days on earth will be long”. During the examination proper, I got the motivation to study law when I noticed that a popular Nollywood actor, Kanayo O. Kanayo, also took part in the examination.

     Law school

    Law school is an interesting environment for learning. I must appreciate the efforts of the Council of Legal Education and the academic team of the Nigerian Law School (Lagos campus in particular).

    Law school marking scheme

    I don’t have any problem with the law school marking scheme. I believe that if you want the best, then you must aim and work for it. Nevertheless, we can’t underestimate the grace of God as one of the determining factors.

    Most memorable day

    My memorable day in court was as a law school extern in Hon. Justice Idowu Alakija’s court at Igbosere ( Lagos ), when Mr. Kanu. Esq (NLS, Lagos campus lecturer) moved a Motion for an interim injunction. After I heard his motion, I never studied how to move a motion for bar final exams.

     What I would change about law

    What I would like to change about law is to unify some of our local laws, especially in the areas of criminal and civil law.

     Personal achievements

    I hold a diploma in Latin from St. Joseph Major Seminary, Ikot-Ekpene, Akwa Ibom State, (Affiliate of Pontificia Universitas Urbaniana, Roma). I also held the positions of Assistant Secretary-General National Association of Political Science Students ( NAPSS UNN CHAPTER 2009-2010 ) and Judge Law Students Association ( LAWSA )  Court of Appeal, University of Nigeria, Enugu Campus (2015-2016).

    The future

    I plan to practise up to the height of Senior Advocate of Nigeria (SAN) at least and possibly to go into politics at some point.

  • ‘How we stopped DPP’s office from being used to settle scores’

    ‘How we stopped DPP’s office from being used to settle scores’

    Adeniji Kazeem is the Lagos State Attorney-General and Commissioner for Justice. In this interview with Law Editors and Correspondents, he speaks on the gains of reforming the Directorate of Public Prosecutions (DPP), efforts to keep underage persons out of jail and reformation of tenancy laws, among others. ADEBISI ONANUGA and ROBERT EGBE were there.

    Underage persons in prisons

    The arrest and detention of youths between 12 and 15. Yes, it is true. Last year, there was a joint initiative by this office and the judiciary to visit the Badagry Prison. The Solicitor-General, Mrs Funlola Odunlami, accompanied the former Chief Judge, Justice Olufunlayo Atilade, on that visit. The visit was prompted by a petition received in this office on this same issue.  Immediately, this office contacted the CJ, and we took steps to initiate that joint visit through which we released a significant number of young inmates that were there.

    One of the fallouts of that visit was that we found out that our magistrates courts unwittingly send people who turned out to be underage to these prisons, after convicting them for offences and in some cases impose fines on them which they could not pay, only for us to find out that these children were not of age. So, they should not have been sent to adult prisons. That was a mistake and immediately it was discovered, they had to be removed from those places to remand homes, where children of that age were supposed to be sent. In some cases we even paid fines for some of these children so that they could be released.

    Issues of juveniles in conflict with the law

    The issue of our juveniles in conflict with the law, so to speak, is a major issue. At present, because there are so many of them, the facilities that are supposed to cater for people of this class are completely overstretched. We have one in Oregun and the other one in Idi-Araba for the girls. So, that’s one of the problems and we have to do a massive development of additional space for these children, because it’s not just about the punishment, it’s about reforming them so that they can be useful people to the society.

    This is an issue that is not only for the Ministry of Justice but also for the Ministry of Youths and Social Development. So, it is something that we are working very actively on, trying to ensure that these children are taken off the streets. This is to ensure that these mistakes about them being wrongly sent to adult prisons does not occur again.

    After that visit, there was a stakeholders’ meeting between family court judges, people from the Ministry of Justice, Ministry of Youths and Social Development and others. We agreed that there must be a joint effort that this thing must be actively addressed so that it does not recur. I think there has been some changes since that time. Those mistakes have not been repeated. The task force on environmental offences is very aggressive on making sure that they deliver on their mandate and in the process they go on the streets and come in contact with a lot of people. What we have realised is that a more deeper evaluation and assessment of these people that are swept up is done by security services before they are charged to court, so that we can sieve the adult from the young ones.

    DNA/Forensics Centre

    If you have been following what has been going on regarding the DNA facility, last year even before the facility came on stream, we had a forensic seminar here sometime in November 2016. That was essentially to set the pace for the DNA forensic laboratory which was supposed to come on stream. The whole idea is to try and set Lagos as a destination for forensics. It was targeted at creating a world-class seminar that would attract people from all over Africa and within Nigeria. Our security services attended that seminar and it was some form of training too. But we have consultants which we engaged. The consultant is an American firm. When the forensics centre was being launched, the American Consul-General was there, there were representatives of the Federal Bureau of Investigation (FBI), Drugs Enforcement Agency (DEA) of the United States, they were all there. The American Consul-General commended the fact we were using an American company and which they were very proud of. One of the things the consultant has done is to ensure that a lot of the users of that facility are actively trained. So, from our emergency responders to the police, judges, all sets of people have all attended one seminar or the other. Even prior to the setting up of that centre, in terms of training, there’s been some major work done there. In terms of personnel, because the consultants are already a functional entity with two laboratories in the US, International Standards Organisation (ISO) certified, they do work for the Department of Defence in the US. So, they are very, very experienced. They have also engaged three or four Nigerians who have forensics degrees, biochemistry, etc. They are undergoing training in that facility. They are the forerunners of the local content in that facility because  the essence is that after a consultancy, the facility is handed over fully to the Lagos State Government to run on its own.

    Toxicology is one aspect that we intend to add to that facility because it is critical. This is a facility that is going to help us test the presence of poisons and other similar substances, and this facility is not readily available here. Typically, when you find a lot of those things are a result of crimes, you have to send those samples abroad for testing. But when we are able to put that capacity there, it makes it much more easier for us to do that. This has a direct impact on criminal prosecution and investigation for this country. Once that is in place, it is going to enhance our capacity greatly.

    Number of cases treated so far at DNA Centre

    There have been close to 40 cases so far that have been brought there. Cases range from sexual assault to paternity issues, among others. There have been cases from Ghana and other parts of West Africa. There have been approaches from the German and US embassies to collaborate with the lab. So, we feel very encouraged by the attention that the lab is getting and that is what has spurred us on to make additional investments.

    Issues of ‘agberos’

    The agberos, who are supposed to be bus conductors, are members of transport unions of some sort, the question would be, can you prescribe them? Can you regulate them? I would say if they are members of a union that is recognised, you have to try and regulate their activities. That is much better. That is a very important point which we have taken on, the Ministry of Transport, the Police interface with these people regularly. Of course, you know that His Excellency has mentioned his transport reform. Governor Akinwunmi Ambode has stated that the Danfos (mini buses) on the street presently are not befitting of a city and state like Lagos. What he has proposed is that this year, he intends to introduce world-class buses that will replace Danfos in Lagos State. The first tranche, I believe, is 850 or 840, but certainly over 800 buses, and that should come towards the end of the year. With these kinds of buses, there will be better regulation. A lot if these people will find jobs, they will have to be retrained, re-kitted and told how to conduct themselves better in public. A lot of the places from where these buses are going to operate are going to be regulated and well set up. You’ve seen the Ikeja Bus Terminal? That’s world-class. That’s the kind of place where these buses will operate from and you can imagine that ruffians and other similar troublemakers will not be allowed in those kinds of places. We are very hopeful that with these reforms being proposed by the governor, things will get better in that area.

    Prison reform

    “We are very passionate about prison reform. Unfortunately, issues of prisons are on the exclusive legislative list. They are things not within our control but we can’t look away, that is the reality.

    “The police is not under our control, but we have made major interventions in that area because it affects us, and I can tell you that almost all the security services that operate here, including the prisons, have received one intervention or the other from the Lagos State Government.

    Ikoyi Prison relocation

    “There is an ongoing matter with Ikoyi Prison. Discussions have been ongoing with the Federal Government to relocate the prison to possibly Epe or some other location and free up that space in Ikoyi.  The whole idea is that that prison is congested and is right in the middle of the city. Now what we are going to agree with the Federal Government, is to get the designs and build a world-class prison facility. In America they call them correctional facility, because you’re supposed to correct the behaviour of people that go in there so that they can come out and become better people in the society. So, that’s one of the things we have to do.

    “Governor Akinwunmi has said he will intervene, even though it is a federal problem, so to speak, but we have no choice, because it deals with issues in Lagos State.

    “So, there are issues in Ikoyi Prison, iisues about infrastructure, hygiene, accommodation, food and several others. I’ve visited there, so I know.  I had my Special Assistant on Criminal Prosecution, Dr Babajide Martins, did a major report in conjunction with the Comptroller-General of Prisons of Lagos State to identify a lot of those things. So, I’m sure that once we start work in earnest this year, we’ll begin to look at those things that will also address a lot of these congestion issues.

    Reorganisation of DPP’s office

    “One of the things that I found out when I got into this office is it happens in other places too. The office of the DPP has often been used as a tool to settle scores; scores that are not criminal but commercial and civil. The DPP’s office is dealing with issues that relate to over 22 million people on crime. They are already overburdened and one of the things I said to the DPP is that this office will not be used as an instrument to settle criminal or commercial-related issues.

    “If you have commercial-related issues, go to commercial court and sort them out. When there are issues that have already gone to a certain stage, review all the facts and let us take a position so that we can move forward. One of such files is this particular one and after a thorough review by the DPP, we came to the unsalable condition that that matter was not criminal in the opinion of the office of the Attorney-General.

    “Also, while that so-called matter was attempting to progress through the criminal court, there was already a matter in the civil court instituted by the same people on this matter that is commercially related. Anytime we take a matter to court from this office, our intention is to win. We don’t have time for frivolities. After the DPP’s review on the matter, we sent the case file together with our report to the AIG Zone 2. While Section 211 of the Constitution empowers this office to withdraw criminal cases, I am aware that such power must be carefully utilized and ensure that the decision is in the best interest of the State. The aggrieved party in the case went to court to challenge what we did but the court, after our response, came to the conclusion that the matter had no merit and the case was thrown out.

    “I understand that they intend to go on appeal which is their constitutional right but I am willing, if the people want, they can come, we can explain the issues to them. This office is an office with a huge burden and you take tough choices. That choice that we have taken has freed up considerably the DPP to face the major issues such as kidnapping, sexual assault, rape, defilement, armed robbery and so on, and not waste valuable manpower and time on commercial matter when there is a commercial court.”

    Tenancy Law

    The Lagos State Law Reform Commission is the agency charged with reforming our laws. Last year, I wrote to the agency and directed that they conduct an overhaul of that law, because we felt that as things develop, laws must develop alongside. Last year also, there was a stakeholders’ meeting where different people gave inputs on the proposed law. The next stage is for the draft law to be presented. It will come to my office, and we’ll take it to the state executive council. If it is approved, it will go to the state House of Assembly, who, I’m sure, will do a thorough job on the process and I can assure you that barring any eventualities, we shall get a new law this year.

    Street trading

    There is a law on street trading and yes, street trading is still a major issue. It has to do with children in school. Employment, generally is a social issue that we want to address. You understand that last year or the year before, Governor Ambode was worried about the environment, worried about street robberies, because investigation reports available to us showed that a lot of the street robberies take place from hawking. I’m not saying all hawkers are criminals, but a significant percentage of crimes occurred from there while you are in traffic. So, government decided to take a very strong stance on it, picking up a lot of these people.But, again, you could see the outcry and being a responsive government, we tried to slow down and said look, some of these issues are not entirely criminal; they are also social issues. We need to try and address these issues, such as markets where these people are going to sell their wares, and so on and so forth. So, we’re trying to take a holistic view of the issues and provide a solution. Some people have said that in other countries there are ways that the street furniture architecture is designed to accomodate people that sell on the street, so as not to completely send them away. So, these are issues that a growing and, frankly, overpopulated city will face. This job is a 24-hour one, the governor never rests. I guess that is just the challenge of governing an important state like this.

  • ‘Govt must avoid abuses in tackling insecurity, insurgency’

    ‘Govt must avoid abuses in tackling insecurity, insurgency’

    Kunle Rasheed Adegoke is the Secretary of the Nigerian Bar Association (NBA) President’s Task Force on the Northeast. In this interview with Legal Editor JOHN AUSTIN UNACHUKWU, he speaks on the judiciary, the committee’s activities, legal practice and his political ambition.

    The Judiciary has been described as the last hope of the common man. Do you agree?

    It is a correct saying that the judiciary is the last hope of the common man. However, it is indisputable that in certain respects, the judiciary in Nigeria has been found wanting, more so with respect to allegations of corruption in the hallowed chambers. It is unfortunate the recent arrest and detention of some judges of the apex and the lower courts do not speak well of our judicial officers.

    How does this affect the perception of the judiciary?

    That is not to say that our judiciary is not peopled by men of integrity. We know of judges who are incorruptible and have lived their lives ensuring that the stream of justice is not polluted. These are men who have made our judicial system is working satisfactorily.

    So, what is the way out?

    All we need to do is to ensure that the bad eggs in the judiciary are reported to the National Judicial Council (NJC) and no stone should be left unturned in ensuring justice is manifestly done in all cases. Nothing pains an upright man than to be painted with the same brush of guilt in a corrupt environment. Thus, allegation of corruption or other vices should be thoroughly investigated and the NJC should live up to its expectation by ensuring quick determination of accusations against judges  to sustain the confidence of the public in this indispensable arm of government.

    Law has been described as a catalyst for development. How do you think we can apply this to our own situation?

    Law is truly a catalyst for economic development. For almost all transactions, there are legal regimes and regulations by law. Every piece of legislation or judicial pronouncement must be for the advancement of the society. For instance, our legal system is conscious of this and that is why the Land Use Act has vested land in the governor of the state to be held in trust for the people. The essence is to make land available to those who need it but do not have it from the grasp of landholding families who have lands but could not use it. Unfortunately, most states in Nigeria have not utilised this revolutionary piece of legislation, no matter its imperfections, to ensure maximal production of food and develop their internally generated revenue (IGR).

    There have been calls for Ministries of Justice to take over the prosecution of politically exposed persons, while the Economic and Financial Crimes Commission (EFCC) concentrates on financial crimes. Do you agree?

    I believe that the state Ministries of Justice ought to adequately take care of, not only high profile cases, but cases of persons who loot state treasuries. That would reduce the burden on the EFCC, which is a national institution and whose structures crack easily under the heavy burden of corruption perpetrated in both private and public sectors. EFCC is not able to cope with so many of such cases or effectively prosecute them and that is why it loses many of them or even look the other way when they are reported to it. In some cases, some unscrupulous elements in EFCC have seen such cases as money-making opportunities for themselves, too, and this has led to allegations of corruption against the body itself. For a national body like the EFCC to cover the 36 states of the federation in both private and public sectors is stretching the body too thin.

    How prepared are the states’ Ministries of Justice for this Herculean task?

    In most states, simple cases in our courts last for so many years due to the failure of the government Ministries of Justice to prosecute with seriousness. I have been involved in many cases in which states’ Ministries of Justice were involved. You discover that the lawyers in those ministries hardly respond to processes served on them on time. They do not file defences to cases for so many years with many judges indulging them with frivolous adjournments and pampering gloves. Simple advice by Directors of Public Prosecution in criminal matters takes years to prepare and issue and the resultant effect is perpetual detention of persons awaiting trial. One is scared to say that the states’ Ministries of Justice are not ready for this additional responsibility which is sine qua non to development, if we must progress as a nation.

    What should be the role of states in the fight against corruption?

    Furthermore, the fight against corruption is a national and international one for which each state of the Federation ought to have its own institution, such as the EFCC monitoring the finances of the state and ensuring accountability and probity. The Constitution has placed the fight against corruption on a high pedestal in which both the Federal and the state governments can legislate on it. But how prepared are our governors and the states’ Houses of Assembly to ensure that corruption is minimised in our public sector?

    You presented the report of the NBA Task Force on the Northeast at the last National Executive Committee (NEC) meeting in Uyo, Akwa Ibom State as the Secretary. What’s in the report?

    The summary of the report is that the NBA Task Force on the Northeast was established by the NBA President, A.  B.  Mahmoud (SAN), in October 2016 and saddled with ensuring the protection of the interest of the NBA members affected by the insurgency and counter-insurgency of the Boko Haram members and the military in the Northeastern. To provide pro bono legal services to individuals and communities in the region who are victims of the conflict to aid the rehabilitation, resettlement and reconciliation. To provide expert services to federal and state governments in the region and the National Assembly on devising appropriate legal framework and other legal services for the reconstruction of the region

    What have you done to actualise this mandate?

    We have visited some of the states in the region and discovered the monumental loss of lives and property there has reduced it to a pitiable sight. Scores of lawyers lost their lives in the conflict while many are detained; a large number of our members were also unlawfully detained. We have made recommendations to the NBA on how to assist the victims financially and help to rebuild the legal practice businesses of our members affected.

    Is that all you recommended?

    We have also signed memoranda of understanding with some local and international bodies on how to redress the violation of human rights by the military and other para-military bodies in the region. To this end, we are providing pro bono legal services and also focusing on the rights and rehabilitation of the Internally Displaced Persons (IDPs). We have good working relationship with the army and the police on how the government can ensure transitional justice with respect to victims in the region.

    What is the latest development in the Northeast on human rights abuses and how do we address them?

    Right now, steps are being taken to ensure that persons in detention under the allegation of being Boko Haram members receive justice quickly because many are in detention without trial. The latest resurgence of Boko Haram activities in the region has not really helped matters. We commend the members of the security agencies in Nigeria, especially the army, for being responsive and protecting lives and properties. At the same time, excesses in conducting the fight should be checked to ensure that the fight is conducted in line with civilised rules of engagement.

    It is speculated that you want to contest the governorship of Osun State. What is your reaction to this?

    No. It is beyond speculation. I am already out and showcasing my intention to the good people of Osun. Since March, 2017, I have been on a state-wide consultation with the people from one local government area to another and the reception has been fantastic. I have my billboards in several parts of the state announcing an ‘Assured Future’, which is my campaign slogan. My political movement, Tiwa N TiwaL’Osun, has members and cells across the various wards of the state. I am a leading aspirant as far as the contest for the All Progressives Congress’s ticket is concerned.

     What is your vision for Osun State?

    My vision is to develop the state into an enviable position both nationally and internationally. The most important problem confronting the state is economic in which the state is unable to meet its salary obligation to the workers and the populace grumble under the heavy weight of economic recession. The national downturn in the economy has affected Osun badly and we must build a strong economy for the state to be  capable of financing itself outside the federal allocations, which are no longer coming. We must be able to develop an IGR of not less than N10billion a month, if we are really serious as a people desirous of attaining economic progress. To attain this, we are looking at the low-hanging fruits of agriculture, tourism and industrialiation.

    How do you intend to achieve this?

    First, we want to, in the first 200 days in office, turn all arable lands to farms rather than forests that dominate our roadsides from Ikire to Ile-Ife to Ilesha, Owena, Igbajo, OkeIla, Ejigbo, and all over the state. In civilised societies, they tame their environment and do not leave land unutilised for any purpose as we do. Here we have arable lands but fail to effectively cultivate them. We want to, in alliance with the private sector, ensure farm settlements in each federal constituency of the state. With abundant production of food through mechanised farming and tapping into the Federal Government’s Anchor Borrowers’ Scheme and other international opportunities, we intend to engage in food preservation and processing as there is more money in processing than in supplies of raw materials.

    Is that all?

    We are looking at tapping into the expansive Lagos economy in which not less than N3 billion food is consumed daily utilising the poverty datum line of N200 per day for an average Lagosian. This, we believe, is possible, if we cultivate the spirit to succeed steeped in strong political will required of a responsive and responsible government. We intend to ensure that the huge reserve of liquidities locked up in tourism is accessed by us by ensuring development of existing tourist centres and creating new attractions that will encourage both local and foreign tourists to patronize our tourist sites. God only creates trees but does not give furniture. We shall turn the tourist sites, which we have more than any other State in Nigeria, from their natural state into attractive magnets that draw and glue tourists’ attention.

    What happens after this?

    Once we succeed economically within the first two years to effectively grow the economy capable of creating wealth, we are sure that we shall be able to transform the educational standard in the State to the best in Nigeria, if not in West Africa. We shall be able to address the perpetual civil servants’ welfare deficit, transform the health sector into excellent attraction to tourism and ensure unprecedented infrastructural development for the State.

     How have you contributed to the development of Osun State?

    Yes, I have contributed in my own little way to the development of Osun. To ensure electoral justice and make democracy attainable, I have been in the trenches with the people of the state. All through the litigation days of Aregbesola v. Oyinlola, I was one of the prominent lawyers that led the battle for more than three and a half years in which I represented Ogbeni Rauf Aregbesola, Rt. Hon. Lasun Yusuf (the Deputy Speaker of the House of Representatives), Rt. Hon. Najeem Salam (the Speaker of the House of Assembly of Osun), Rt. Hon Akintunde Adegboye (Deputy Speaker, Osun State House of Assembly) and a host of numerous others. Aside from this, I have played my own little role by way of philanthropy to my people. God has used me to educationally bless some families as I have been responsible for sponsorship of many young ones. Among them are hundreds of lawyers, graduates from several disciplines of value, empowerment of many businessmen and women, assisting in guaranteeing life to those who were sick and at the point of death by paying their hospital bills. All these I have done to assist the state to reduce the devil’s workshop of idle hands without expectation of expression of gratitude from the beneficiaries but divine blessings from my creator.

    How would you rate the performance of the APC-led Federal Government rule of law?

    I often find it difficult to rate governments as that is an exercise that could be difficult to do as the yardsticks could be numerous. But with respect to the rule of law, I would say that the last conducted governorship election in Anambra is a testimony that it is possible to have an election in which a ruling party at the national level would not take it as a matter of do-or-die venture. That is an election in which the police and other security forces were not used as an agent of rigging, unlike what we used to have in the past. It is a prevalence of the rule of law. Furthermore, the Federal Government has tried in some areas with respect to rule of law as this is a great measure of how civilised we are. The battle against Boko Haram is an effort towards ensuring rule of law. It is commendable to see that the high and mighty have been touched in the campaign against corruption although there is still more to be done.

    In which areas?

    People expect this government to be more revolutionary based on the past record of President Muhammadu Buhari and I think the President is equally looking in that direction. It is important to tackle the intractable problems of herdsmen with strong resolve which I believe the President is considering. Too many lives have been lost to herdsmen invasion and to fail to curb this menace will not paint this government as one conscious of its role as the guardian of the rule of law.

  • Overview of administration of criminal justice law

    Overview of administration of criminal justice law

    • Continued from last week

    Now the ACJL recognised this as an embarrassment and major cause of delays in criminal trials and therefore directs in Section 74 (1) ACJL that the Commissioner of Police “shall forward all duplicate case files with respect to indictable offences to the Office of the Attorney-General for the purpose of issuance of legal advice”.

    However the ACJA took this further by imposing time frames to ensure prompt issuance of legal advice and aid speedy trials. Section 376 (1) imposed an obligation on the police to forward the casefile of investigations in respect of an offence the magistrate has no jurisdiction to try to the Attorney-General of the Federation to issue legal advice within 14 days of the receipt of the case file indicating whether or not there is a prima facie case against the defendant for which he can be prosecuted. Copies of such legal advice must be served on the police, the court and the suspect involved.

    The elaborate prescriptions for time limits for the issuance of legal advice by the Attorney-General will greatly help the decongestion of our prisons and facilitate expeditious trials as ACJA also provides that the suspect should be released unconditionally if he is not charged to court after 56 days upon with or without an application by his legal practitioner and no further application for remand shall be entertained in the matter. See Section 296 ACJA.

    Simplification of bail processes:

    The ACJL now makes provisions in Sections 118 (3), 119 and 138 respectively to ease bail burden on suspects which are at times overwhelming and almost impossible to discharge. The provisions are:

    No person shall be denied or prevented or restricted from entering into any recognizance or standing as suretry or providing any security on the ground that the person is a woman.

    A Judge may, if he thinks fit, admit any person charged before a Magistrate Court to bail although the Court before whom the Charge was made has not thought it fit to do so.

    The Chief Judge may, by regulation, register and license individuals or corporate bodies or persons to act as Bondspersons within the jurisdiction of the Court in which they are registered.

    See Sections 167 (3) and 187 (1) of ACJA for similar provisions.

    We consider these provisions very important as one of the factors which account for prison congestion and long trials is the inability of suspects to meet their bail conditions. Any simplification of the process that the extant law proposes to facilitate the early release of persons in custody is a welcome development. Bondspersons will help all and sundry as it will eliminate the need for every accused person to have personal sureties who will meet the specifications of the conditions of bail.

     Remand proceedings

    Section 291 to 296 of ACJA provides for remand proceedings and time limit.

    The point to note is that Section 293 of ACJA generally provides that upon an application ex parte by the police in the prescribed form a magistrate may order the remand of a suspect pending the receipt of the Legal advise of the Attorney-General of the Federation.

    Section 296 ACJA imposes time limits of 14 days on four different accounts for the prosecution to take steps to prosecute the suspect  and where that is not done for a cumulative 56 days, the magistrate is empowered to release the suspect from prison custody unconditionally. See Section 296 (6) (7) and Lufadeju v. Johnson (2007) 8 NWLR (Pt. 1037) 538.

    There is the major advantage that this provision will prevent the pre-trial process from dragging on and shortening time spent ‘awaiting DPP’s advice’, promote prompt arraignment before the trial court and help decongest our prisons.

    Abolition of lay prosecutors:

    Constitutionally the Attorney-General of the Federation and of the federating States are vested with the powers to prosecute offenders personally or through the legal officers in the Justice Ministry.

    However the prosecutorial powers of the police and other law enforcement agencies like the EFCC, ICPC, NDLEA have been recognised and assured by the enabling Act establishing these agencies albeit subject to the overriding power of the Attorney-General to takeover or discontinue any such proceedings at any time before judgement.

    The Supreme Court of Nigeria had held in the two landmark cases of Olusemo v. the Commissioner of Police (1998) II NWLR (pt 575), 547 and Federal Republic of Nigeria v. Osahon (2006) that the power to prosecute is not limited to the Attorney General alone. A police officer and any such other person or body who has been statutorily clothed with the power to prosecute can do so but subject of course to the Attorney General’s power to take over and continue any such criminal proceedings that may have been instituted by any other authority or person; and to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person. In exercising these powers, the constitution granted the Attorney General the latitude and wide discretion as he shall only have regard to the public interest, the interest of justice and the need to prevent abuse of legal process and the Attorney General alone determines when and in what circumstances to act.

    Therefore the fact that the EFCC and ICPC and other such bodies as NAFDAC and NDLEA have the power to prosecute before the enactment of ACJL and ACJA is a moot point. See further Customs and Excise v. Senator Barau (1982) 2 N.C.R. 1 and Unipetrol Plc. v. E.S.B.I.R (2006) Vol. 6 M.J.S.C 114. The Supreme Court even widened the frontiers, pronouncing in  Fawehinmi v. Akilu & Togun (1987) 4 NWLR (Pt. 67) 797 that a private citizen had the locus, which is the standing to prosecute or file an information after an application endorsed by the Attorney-General.

    However, it now appears that the tables have turned. By the relevant provision of the Lagos Law and ACJA, police lay prosecutors are to be abolished.  By the provisions of ACJL trials should be held in the High court on information filed by a Law Officer or Private Prosecutor.

    Section 253 ACJL categorically provides that “information shall be signed by a Law Officer”. The implied interpretation of this is that since a criminal trial can only be commenced at the High Court by an information, which can only be signed by a Law Officer, the policeman, even if learned in law, not being a Law Officer is thus excluded from prosecuting at the Lagos High Court.

    The ACJA made similar provisions in Section 106 to the effect that the prosecution of all offences in any Court shall be undertaken by the Attorney-General of the Federation or a law officer in his ministry, a legal practitioner authorized by him to prosecute or a legal practitioner authorized by ACJA or any Act of the National Asasembly to prosecute.

    It should be obvious that by this provision, any police officer or public official who is not a qualified legal practitioner cannot prosecute in the Federal High Court, the High Court and the Magistrate Courts of the Federal Capital Territory.

    Ostensibly this provision was made to cure the apparent incapacity of lay prosecutors to respond to vital issues of law raised for determination by legal practitioners appearing for defendants in criminal trials, delay by lay prosecutors who never seem to have their witnesses on hand and the alarming failure of lay prosecutors to secure convictions in many simple cases especially at the magistrate courts.

    Legal aid

    Section 74 (6) ACJL prescribed a State-run free legal services to a suspect in the form of the Office of the Public Defender (OPD) when it states that “a form indicating a desire to be represented by counsel of his choice or the Office of the Public Defender, Legal Aid Council or any other organisation providing legal aid shall be attached to each legal advice for purpose of endorsement by the person in respect of whom legal advice is preferred”.

    The OPD has such powers as: (a)  The provision of legal aid services and advice; (b)  To receive complaints from individuals or by referrals from government and private institutions; (c)  Investigate complaints and referrals made to it and to prepare necessary legal documents; (d)  Negotiate settlements or give necessary legal advice in alternative dispute resolutions, etc.

    On the other hand Section 17 (2) of ACJA provides for the desirability of recording a suspect’s extra-judicial statement in the presence of a legal practitioner of his choice or an officer of the Legal Aid Council of Nigeria, or an official of a Civil Society Organisation or a Justice of the Peace or any other person of his choice.

    Whilst both Laws recognised the traditional role of the Legal Aid Council in providing legal aid services to indigent Nigerians, the Lagos Law took it further by widening the scope and bringing in OPD which operations have enabled the provision of free legal services in respect of criminal and civil matters to indigent residents of Lagos State without regards to tribe, race or religion.

    Conclusion

    The Government of Lagos State and the Federal Government ought to be commended for the long overdue overhaul of the administration of criminal justice in Nigeria. A few states of the Federation have followed suit and those who have not done so have been urged to adopt and or domesticate the model federal law in their jurisdiction of competence.

    A crime free society is a prosperous society where economic and social development is assured so this attempt at galvanising an efficient and effective administration of criminal justice in Nigeria is one that all stakeholders and every Nigerian must embrace and work assiduously towards the realisation of the objectives of the Federal and State Laws.

    • Obajaja,  a Lagos-based legal practitioner, is the immediate past Secretary of the Nigerian Bar Association (NBA)  Lagos Branch.

     

    • Concluded
  • ‘Lalong not opposed to anti-grazing law’

    ‘Lalong not opposed to anti-grazing law’

    Plateau State Governor Simon Lalong is not opposed to the anti-grazing law, it has been learnt.

    A socio-political organisation, the Plateau Regeneration Group, said the governor was quoted out of context in his comments on the killings in Benue State.

    Its spokesman Mr Badung Chuhwak, while briefing reporters in Jos, said Lalong did not mean to cause more pain to Benue people.

    Lalong, during an interview with State House correspondents in Abuja, was quoted as saying that he had warned Governor Samuel Ortom of Benue against implementing the Anti-Open Grazing Law.

    The group, however, maintained that Lalong was only speaking about the alternatives to open grazing.

    Chuhwak said: “Lalong is an advocate of ranching and would support any initiative by the Federal Government to end herders/farmers clashes including cattle colonies.

    The group apologised to the government and people of Benue State for the misrepresentation of the governor in the media.

    Lalong’s media team, in a statement by his Director Press and Public Affairs, Mr Emmanuel Nanle, said the governor would always show solidarity with his Benue State counterpart.

    “The governor has expressed his deepest sympathy in a phone conversation with Governor Ortom.

    “He gave assurances of the prayers of the people of Plateau for God’s comfort to the bereaved families, and for the repose of the souls of all those killed in the wake of the attack,” it said.

    A statement from Nanle described a statement credited to one Mr Clinton Garuba as in bad taste.

    He said Lalong does not consider himself superhuman as is the case with his predecessors and, as such, he feels the pain of the tragic loss of innocent lives in the Benue attacks.

    “Governor Lalong and Ortom know the common heritage which their states share, and the bond created by that common ancestry and heritage gives them every reason to stand strong together in finding a solution, to the common threat to peace which they are both confronted with.

    “Governors Lalong and Ortom are on terms with Mr President on the urgent need to use conventional and human security approaches to bring to a total end, once and for all, the criminal onslaughts of marauding herdsmen.

    “Given their sincerity of purpose, they will not rest on their oars until this is attained,” Nanle stated.

  • Ganduje to review laws to attract investors

    Ganduje to review laws to attract investors

    Kano State Governor Dr. Abdullahi Umar Ganduje has vowed to create an enabling environment for investors by reviewing relevant laws.

    The state Attorney-General and Commissioner for Justice, Mr. Ibrahim Mukhtar, said the governor has made land acquisition easier for investors.

    He said the governor has created an agency of that deals with and encourage investors.

    According to him, the governor is also improving access to justice through capacity building and appointment of more judges.

    He said: “The governor has made laws to give the investors free land in the state so that they don’t have to pay for all the charges before they have land to build their factories and offices. He gives them tax waivers and all the rest.

    “But you know very well that investors will not come down and invest in any place  if there is no assurance of the rule of law in that particular society. This is because they can invest their money today and somebody from nowhere will just come out tomorrow and take away their investments without recourse to the rule of law. ‘’

    The governor, he said, was constructing over 23 lower courts and had appointed three more High Court judges. He had appointed 24 Sharia Court of Appeal judges.

    Mukhtar said he had received approval from the governor to train more state counsel.

    ‘’We have secured approval to employ 25 more state counsel who we have interviewed and that will give us about 130 lawyers in the state Ministry of Justice. We are also trying to do more in the area of training, recruitment and a lot more.

    “With that number, we are going to start taking over the prosecution of criminal cases from the Police at the lower courts. Already, state counsel are the ones prosecuting before High Courts and other courts of record but at the Magistrates Court, Police prosecutors are the ones prosecuting but we now ready to take over the prosecution of cases by the State Counsel.

    “We made a case for additional offices and the governor has just directed the commissioner for works and housing to build additional block of flats for us in the ministry of justice,’’ he said.

    The commissioner continued: “What we have as a structure is just a two-storey building and with the additional recruitment which we are making, we need additional office structures. He has approved it, they have conducted soil test and are now taking measurements for the building.

    “The government is building additional block for us and the government is also modernising our library to give us a computerised library in the  ministry of Justice. Apart from this, all law practice books both hard copy and virtual books will be there.’’

    ‘’If you look at my age at the Bar, you will know that for a governor to appoint somebody of my age at the Bar as his Attorney-General and Commissioner for Justice, which is not the practice in Nigeria,  it  is an indication that he wants to transform the society for better.

  • Buhari: lawyers have contributed hugely to our success

    Buhari: lawyers have contributed hugely to our success

    President Muhammadu Buhari has said his administration would not have succeeded without lawyers’ support.

    He sought more collaboration with the Nigerian Bar Association (NBA), especially in ensuring respect for rule of law.

    “The NBA by its composition and philosophy remains the largest gathering of lawyers in sub-Saharan Africa, and going by its motto of promoting the rule of law, the NBA should speak on all matters of rights and privileges concerning the citizens,” he said.

    The President spoke when the NBA leadership visited him at the State House in Abuja.

    He expressed happiness with the courtesy call and praised the NBA President Abubakar Mahmoud (SAN), who led the delegation, for his fearless disposition in the defense of the rights of Nigerians and the enthronement of the rule of law.

    Buhari said his administration remains committed to providing security, recovering looted assets and prosecuting the ant-corruption war.

    “In doing this, we require the input of the Bar and Bench. Lawyers have been busy since this administration came in and have played critical roles in the recovery of looted assets.

    “Your support in the current initiatives of government in ensuring judicial integrity is in the best interest of government and Nigerians.

    “We must embrace the rule of law for the country to move  forward. And I thank the NBA for making huge contributions to the success of this administration,” he said.

    The President said several lawyers have been playing key roles in his administration, such as Vice-President Yemi Osinbajo (SAN), Secretary to the Government of the Federation Mr. Boss Mustapha, Attorney-General of the Federation and Minister of Justice Mr. Abubakar Malami (SAN), Chief of Staff to the Vice-President Mr. Ade Ipaye, who were all present during the visit.

    He thanked lawyers and Nigerians for their prayers when he was sick and for their best wishes when he marked his 75th birthday.

    Buhari said his administration would not relent until security, good governance, economic and social wellbeing of citizens are guaranteed.

    According to him, the government has made great strides in tackling insurgency in the Northeast.

    He said he would not rest until issues such as Biafran agitation, crises in Taraba and conflicts between herdsmen and farmers in different parts of the country are solved.

    Buhari praised the association for setting up task forces to help in promoting peace and reconciliation in Northeast and Southsouth.

    He said if professional associations play their role and co-operate with the government, the country would benefit.

    Mahmoud restated NBA’s commitment to safeguarding the rule of law.

    He said: “Our constitution enjoins us to protect the independence of the Judiciary and also the independence of the legal profession, both of which are considered critical components of all democratic societies.”

    The NBA President praised Buhari for his successes in the Northeast, saying insurgency has been “contained”, but noted that more still needed to be done.

    “We salute your steadfast leadership and congratulate men and women of Nigerian Armed Forces for these successes. We are, of course, aware that a lot remains to be done to completely secure the region.

    “We are also aware that insurgency is a complex regional problem that requires multifaceted approach. We, therefore, wish to encourage the government to do more to secure the Northeast region,” he said.

    Mahmoud identified other flashpoints of conflict, which must be addressed, such as the situation in the Niger Delta, the lingering Biafran agitation in the Southeast, the various communal conflicts in Southern Kaduna, the Plateau, Taraba, and the recurring feud between the herdsmen and farmers across many states.

    “All these remain significant issues and have continued to undermine the peace and security in the country. We want to urge your administration to continue to do more to improve peace and security,” he said.

    Mahmoud highlighted NBA’s contribution towards addressing the issues. He recalled that in October 2016, he set up two task forces: the Niger Delta Task Force and the North-East Task Force.

    He said they were charged with coordinating the association’s intervention in the two regions with the ultimate aim of promoting peace, reconciliation rehabilitation, and reconstruction.

    “In the Northeast for instance, the justice sector has all but been destroyed for most part of Bornu State and parts of Yobe and Adamawa states.

    “We are mobilising to support the rebuilding of justice sector institutions. We are also working to support the victims of these conflicts. We have been able to attract international support to aid our intervention,” he said.

    Mahmoud commended the President on his efforts and successes in promoting good governance, fighting corruption and getting the economy out of recession.

    He said the NBA was willing to contribute towards reviving the economy.

    “We are aware much has been achieved in the two and a half years of your administration. We do not in any way underrate the enormous challenges of governance and the problems that your administration inherited.

    “We are also aware that many new initiatives have been introduced to enhance economic management, address issues of youth unemployment, extreme poverty and improve the diversification and competitiveness of the Nigerian economy.

    “The NBA has the requisite expertise among its members to contribute to policy work in all the areas of the economy and we are willing to cooperate and work with government to improve economic management in all sectors,” Mahmoud said.

    The NBA President presented a Policy Book containing specific recommendations on governance and economic management to President Buhari.

    “We are confident that the recommendations if implemented will significantly improve the economy, enhance prosperity and build more confidence in the country, especially amongst its youths, who are increasingly being frustrated by lack of opportunities,” Mahmoud said.

     

     

  • 2018: Issues for judicial determination

    2018: Issues for judicial determination

    Some issues were unresolved by the judiciary last year. Will they be resolved this year? ROBERT EGBE asks

    Religious garment and the right to legal practice

     

    The place of a mandatory religious attire such as a scarf or hijab in law practice

    Should a law school graduate, who has fulfilled all the requirements necessary to becoming a lawyer be prevented from participating in the call to bar ceremony merely because she refused to contravene her faith by exposing her hair?

    The Council of Legal Education has made its position clear. Last December 13, it barred a University of Ilorin Law graduate, Firdaus Amasa, entry to the International Conference Centre, Abuja, venue of the Call to Bar because of her refusal to take off her hijab.

    On December 21, another Muslim Law graduate, Aisha Zubair, said she was victimised and forced to remove her hijab by officials of the Council of Legal Education and the Law School immediately after the same call-to-bar exercise.

    According to a report by Premium Times, Zubair had already received her call-to-bar certificate when the alleged incident occurred.

    “When I got to my seat, a law school lecturer was waiting there and she started shouting at me and hurling insults at me for daring to wear the hijab in the hall, saying I wanted to disgrace them. She demanded I remove the hijab and throw it on the floor, which I did. Then she started to rub the hijab on the floor. She kicked it around several times before asking a guard to guard the hijab and not allow me retrieve it. Then she came back with another lecturer to seize the certificate I had just collected from me. I begged but they didn’t listen. After the ceremony, I went to them and after so much pleas, I was given back the certificate with a stern warning,” she said.

    There was no suggestion that the alleged action of the officials was authorised or approved by the Council of Legal Education or the Nigerian Law School. The Council’s strict position on dress code for aspiring lawyer, which is in line with its practice from inception, has drawn divergent reactions from many lawyers, rights groups and the House of Representatives.

    It is certain to generate more reactions before or during the next call-to-bar ceremony later this year.

    Several lawyers reasoned, among others, that Amasa deliberately breached the rules on dress code for the ceremony, but others disagreed, saying there was no such rule.

    The incident drew the attention of Muslim rights groups, which described the action as unconstitutional and a violation of her fundamental human rights.

    The groups include Muslim Media Practitioners of Nigeria (MMPN); Muslim Lawyers Association of Nigeria (MULAN); Federation of Muslim Women Association in Nigeria (FOMWAN); Muslim Students’ Society of Nigeria (MSSN); Muslim Consultative Forum (MCF) and Muslim Ummah of Southwest of Nigeria (MUSWEN).

    MMPN National President Abdur-Rahman Balogun  said: “We have taken our time to study, listen and hear all shades of opinion on this matter and we are of the opinion that despite Firdaus’compromise of adorning a harmless and simple Hijab, her refusal to be called to the Bar is an infringement on her fundamental human right.

    “One is not sure of what is the Nigerian Law School and the Council of Legal Education are afraid of. The world is moving away from that rigid thinking and leaving Nigeria behind as wig on hijab are allowed in countries, such as United States, United Kingdom and Kenya to mention just a few.”

     

    Justice delivery and court officials

     

    How can the culture of lawyers having to part with money before they can get service from court workers be eradicated?

    Many lawyers say they have lost clients or had to turn down briefs relating to bail because of the problem of inducing court workers.

    Last December 22, a lawyer from Badagry, Lagos State branch of the Nigerian Bar Association (NBA) tried to perfect the bail of his client at a magistrate’s court. The bail conditions were stiff: N5 million with two sureties in the like sum, one of whom must be a bank manager. Each surety was required to deposit N1million in the chief registrar’s account and both were asked to surrender their international passports to the court. A court official advised him that the going rate in that courtroom to secure his client’s release “without necessarily complying with the bail conditions” was N450,000, which would be shared between the magistrate and the registrar. It came down to ‘last price’ of N300,000 after negotiations. But after pretending that his client could only afford N200,000, the talks broke down and his client remained in detention. Following advice from other lawyers, he petitioned the state’s Chief Judge, who is now investigating the matter.

    The experience of the lawyer appears to be the norm. Two Facebook posts on December 28, 2017 and January 4 this year, by lawyers involved in the matter garnered 94 comments from over 50 lawyers from different NBA branches, mostly lamenting their difficult experiences while trying to get service from court workers without providing financial incentives.

    Convener of Fight Against Corruption in the Judiciary (FIACIJ), Bayo Akinlade, noted that he has been “laughed at, mocked and ridiculed by unprofessional and less educated court officials, who will boldly tell me that I can’t get a service in court without parting with some money”.

    “I still recall my first experience. It was sometime in 2010. The first case I handled after relocating to Nigeria. I was briefed by a family member to get me going. I was in the Sheriff’s Department, Ikeja High Court where a sheriff of court treated me like crap. I had gone to inquire about serving my process and he showed me my process and told me bluntly that I must pay him before he goes to serve the process and I must pay him before I collect the proof of service. Nothing I said moved him. I tried to see the person in charge, but I was given the run around,”he said.

    Akinlade, however, noted that Chief Judges and other judicial officers are now warning both lawyers and judiciary staff against encouraging such practice.

    Last May 31, a Judge of the Federal High Court, Lagos, Justice Mojisola Olatoregun, cautioned lawyers against giving court bailiffs money to serve court processes on parties.

    The judge said it amounted to bribery and condemned the practice where bailiffs have to be tipped or mobilised before they agree to deliver processes to parties.

    Justice Olatoregun gave the warning following complaints by a counsel, who appeared before her in a suit and complained that the defendants were yet to be served even though he mobilised the bailiffs.

    The judge asked: “Did you say you mobilised them? How much did you give them? Let me know if it was enough.”

    The counsel said he gave the bailiffs N8,000.

    The judge then threatened to order the lawyer’s arrest for offering a bribe. She also sent for the court’s registrar and bailiff.

    “When you give a bribe, both of you are liable. We’ll get the Chief Registrar. You will be handed over to the police for bribing a bailiff. You will explain how you have been bribing bailiffs. That is how you will be collecting money from Senior Advocates of Nigeria (SANs) when you become a judge,” she said.

     

    Lawyers as Supreme Court justices

     

    Is this the year lawyers will be appointed directly from the Bar to the Supreme Court?

    On January 30, 2017, the Chief Justice of Nigeria (CJN) Walter Onnoghen asked the Nigerian Bar Association (NBA) to nominate lawyers for appointment as justices of the Supreme Court.

    The NBA recommended nine senior lawyers, including former NBA President Dr Olisa Agbakoba (SAN); former Abia State Attorney-General and Commissioner for Justice Prof Awa Kalu (SAN); Chief Anthony Idigbe (SAN); Yunus Usman (SAN) and Babatunde Fagbohunlu (SAN). The shortlisting was said to have been done by a committee chaired by NBA President Abubakar Mahmoud.

    Strange as this may seem, the practice is not without precedent in the Nigerian judicial system. Under the military a couple of appointments to the Supreme Court were made directly from the bench, the first being Justice Teslim Elias, an academic, who was appointed CJN by Gen. Yakubu Gowon in 1972, having been Attorney-General of the Federation and Minister of Justice at various times since 1960.

    Another lawyer so appointed was Justice Augustine Nnamani (SAN), who was nominated by Gen. Olusegun Obasanjo to the Supreme Court in 1979 from his position as the Attorney-General of the Federation and Minister of Justice. He was at the Supreme Court for 11 years.

    One of the reasons for Justice Onnoghen’s decision was that the Supreme Court can have a full complement of 21 Justices. This will enable three of its courts to sit separately every day, a measure that will reduce drastically the backlog of cases pending before it. Presently, there are 17 justices of the court.

    However, nothing has been heard on the matter since then.

     

    How will the special anti-corruption courts fare?

     

    In September 2017 the CJN directed heads of various courts to designate some courts as corruption courts. This move was applauded by several prominent lawyers including Prof. Itse Sagay (SAN), who is the Chairman of the Presidential Advisory Committee Against Corruption (PACAC), and Mr. Femi Falana (SAN). They saw it as part of the CJN’s reforms aimed at tackling the delay and other ills associated with the trial of high-profile personalities.

    But not much else has been heard about  it since.The special anti-corruption courts are particularly important because several corruption cases have dragged for many years. For instance, corruption trials involving several former governors have lingered for 10 years.

    Former Chairman of the Calabar branch of the NBA, Mba Ukweni SAN, urged the CJN not to relent in his drive to aid the anti-corruption war this year. He encouraged him to consolidate on the gains already made.

    Ukweni said: “He has taken proactive steps on the issue of ensuring that we have an impeccable judiciary. He is following in the footsteps of his predecessor in ensuring that there is little or no corruption. He is taking complaints about judges and justices very seriously.

    “Just last December, the National Judicial Commission disciplinary committee sanctioned some judges. So, I feel that the judiciary must continue in that light in 2018. The CJN should be fair and firm. If we have a corrupt judiciary, public confidence in the judiciary as the last hope of the common man will be eroded. So, he has started well on that platform and we also see that this year he should consolidate on the gains of 2017, such as ensuring that we have a reasonable number of judges to dispense justice quickly, appointing judges when the need arises. Of course, there should be proper screening in the appointment of judges, because without this there cannot be a proper judicial system.”