The Nation Newspaper

Category: Law

  • ‘Missing First Class hurts’

    ‘Missing First Class hurts’

    Chiamaka Obiadi wanted to be a petrochemical engineer. But, one morning in her final year in secondary school, the dedicated science student decided she was going to study law. The 2015 alumnus of the Nnamdi Azikiwe University Awka (UNIZIK) tells ROBERT EGBE why she was sad to make double Second Class Upper.

    Family

    I am Chiamaka Obiadi. I’m from Neni in Anaocha Local Government Area of Anambra State. My parents are teachers. Being the last child and the only
    girl with four elder brothers, people easily assume I had it rosy. (Laughs).

    My mother is quite the disciplinarian. However, in retrospect, I would say her approach helped to shape me to the woman I’m becoming today. I lost my dad when I was barely two, so, I have no memories of him. But from all I’ve been told, we have a lot in common. He was an academic to the core, read voraciously and had a strong personality!

    School

    I attended the Nnamdi Azikiwe University Awka (UNIZIK) and graduated in July 2015 with a Second Class Upper (2.1). I also finished with a Second Class Upper at the Nigerian Law School, Abuja campus in September 2016, a very ‘painful’ result at the time.

    I wanted to be a Petrochemical Engineer

    Interestingly, I was a science student and performed well in the core science courses, especially chemistry. I wanted to be a Petrochemical Engineer (Laughs). But when I assessed that my strength in mathematics may not sustain that ambition, I had a dilemma in choosing between Pharmacy and Medicine.

    Why I switched from sciences to arts

    The decision to study law was really what I can attribute to divine providence. I considered several things before making the choice, including the fact that I write well, I have a good command of English and had represented my secondary school in numerous debates where I excelled. Also, I never had a genuine interest in medical studies beyond that it was what most bright science students were expected to study. So, I felt I could as well take things a notch higher.  So, I woke up one morning, a few days to the deadline for the Senior School Certificate Examination (SSCE) registration, and told my mother I was switching to arts because I wanted to study law. She was quite supportive and came over to school to facilitate things for me. A lot of intensive studying to catch up and readjustments to the Art curriculum, and the rest is history.

    Call to Bar

    It was hugely celebrated. Everyone contributed their quota. My mother was at the forefront of all the preparations and ensured I had a grand one. My family travelled from different cities to Abuja just to be there and I haven’t felt more honoured. Two aunts of mine surprised me that day. In fact, they were more excited than I was and I always like to say that they, together with the friends that have stuck with me over the years, are the winds beneath my sail.

    I was sad to make a Second Class Upper

    Law school was a very robust experience and very instrumental to my formation. I’ll always cherish it. I was very active in group and class activities and, despite the intense academic workload, I accepted an appointment to the academics committee of the Students Representative Council and chaired the Civil Litigation team. I was also the Secretary, Catholic Students’ Association. I made quite a couple of friends and acquaintances and I was quite visible in class, so the pressure to make a First Class was high. Already I was aiming for and working towards it, so, I sincerely felt down when the result came out and I made a 2.1. More so, my breakdown showed I got a 4As and 1B+ so it was a narrow miss. But in all, the experiences were richly rewarding and I would not trade them for anything.

    Law school marking scheme is reasonably fair

    In all sincerity, the marking scheme can work great ‘injustice’ especially when one’s lowest grade makes a great difference in what one would ordinarily make. But what really is justice? If a set of people can satisfy the strict requirements for making a particular grade under the same environment, then it’s reasonably fair. Again, I’m of the school of thought that while examination may not be the best test of knowledge, until we devise a better means, we’re stuck with it.

    Most memorable day in court

    This was the day I was commended by one of the stern judges of the Abuja High Court. I appeared alone against a very senior counsel and I strongly opposed his application to recall a witness. My argument was upheld. In fact, counsel joined my Lord in expressing his satisfaction at my performance.

    Marrying a lawyer

    Before now, I would have screamed an unequivocal no (Laughs). Presently, I wouldn’t mind at all. I believe lawyers understand themselves well and I know more than a handful that run successful homes. But being a lawyer will not give the prospective Mr. Right an edge anyway.

    Day a judge called me unserious

    My most embarrassing day in court? A judge once called me unserious because I filed a Final Written Address way out of time even after complying with the Rules by paying the default fees. I felt terrible.

    What I would change about law

    I would rather change a few things about the court system such as revamping the system of filing to make it seamless and creating an efficient communication system for Court Registrars to ensure that the time of lawyers and litigants is not wasted.

    Salary can hardly make you comfortable

    Remuneration is a general problem (for young lawyers) especially in this field, and being that firms are private establishments, there’s only so much regulation that can be made to improve the pay system. But they can do better regardless.

    However, the home truth we shouldn’t lose sight of is that salary is hardly enough to make one very comfortable financially. As a National Youth Service Corp (NYSC) Associate, I was able to make do with my monthly salary and allowance, including the small fees earned from Corporate Affairs Commission (CAC) briefs. With the service year being over, I see more prospects to earn better.

    The future

    My plan is a continuum. So, I’ll continue to fine-tune and streamline the ones already made. In the nearest future though, I’m starting a successful business, continuing with law practice, getting an LLM in Tax/IT/Commercial Law and championing social causes, particularly girl child empowerment and making education accessible for pupils in rural areas.

     

     

  • Non-lawyers taking our jobs, branch chair laments

    The Abeokuta branch chairman of the Nigerian Bar Association (NBA), Mr Ibrahim Atanda, is unhappy that non-lawyers are doing the jobs of lawyers.

    He said it was a source of concern that other professionals have “encroached” on the legal profession, and in some cases, are taking over the lawyers’ jobs by signing some documents. He said every effort must be made to arrest the situation.

    According to him, the branch would visit the Ogun State Bureau of Lands and Survey (BLS) and the Internal Revenue Service (IRS) to reach an understanding with the two agencies not to “accept agreements (from members of the public) without the requisite NBA seal.”

    He, however, urged lawyers to invest in personal development, uphold the rule of law and help facilitate the administration of justice in the state and Nigeria.

    Atanda spoke in Abeokuta, the Ogun State capital, during the 2017 edition of the association’s dinner.

    He said legal fees being charged by lawyers have become a “raging issue”, adding that those who charge fees arbitrarily would be disciplined.

    Atanda noted that the issue of what lawyers should charge clients for service rendered, is provided for in the Legal Practitioners’ Act.

    He said non-adherence to the provision by some lawyers undermines the practice of fellow legal practitioners, who follow the rules.

    According to Atanda, pepper sellers and other traders have a scale of charges and adhere to it because it is enforced, but lamented that lawyers neither implement nor enforce their own scale of charges.

    He said erring lawyers would be taken before the Legal Practitioners Disciplinary Committee for sanctions.

     

  • National Assembly, anti-NGO bill and authoritarianism

    National Assembly, anti-NGO bill and authoritarianism

    In this article, activist and law books author, Kolawole Olaniyan writes on the flaws in the anti-NGO bill.

    Nigeria’s National Assembly has turned its sights on NGOs, which are bracing for a crackdown in 2018. The Yakubu Dogara led House of Representatives is desperately pushing to pass the ‘NGO Regulatory Bill’, which many analysts have warned would stigmatise NGOs, and set Nigeria on course toward authoritarianism and oppression.

    The NGO bill is the latest in a series of measures tightening the democratic space, and deteriorating condition of the rule of law in the country. It has been extraordinary in the past two years or so to see how the National Assembly has taken a dim view of human rights. Our lawmakers, well paid for by tax-payers’ money to make laws for the peace, order and good governance of the Federation, are using their legislative powers to limit critical voices and shrink the democratic space.

    The tightening of controls is coming on the heels of the proposal by members of the House of Representatives to amend the constitution so that they could give themselves immunity. The bill, which in September 2017 was discussed at a public hearing, is sponsored by deputy majority leader Umar Buba Jubril.

    There is a litany of serious flaws in several of the 58 sections of the bill, and here are some of them: the bill would compel registration of NGOs (including those already registered under the Companies and Allied Matters Act); heavily criminalise non-compliance with its provisions (up to 18 months in prison); ensure full executive control over the licensing, funding and supervision of operations of NGOs through a Board appointed by the President and dominated by political representatives.

    The passing of the bill would have immense and enduring repercussions for the country. It would legitimise and normalise wrongful behaviour of public officials, threatening the rule of law and making the anticorruption efforts of the Buhari government all the more difficult. The bill would also undermine confidence in the National Assembly. That mistrust and suspicion can, in turn, have far-reaching consequences.

    As reprehensible as the armed Islamist group Boko Haram is, their actions cannot totally obliterate Nigeria. But if allowed to pass, the bill would peel away at human rights protections, and foster a rule by men rather the rule of law. It would take back through the backdoor citizens’ inalienable and fundamental human rights guaranteed under the Nigerian Constitution 1999 (as amended) and Nigeria’s regional and international human rights obligations and commitments.

    The bill would seriously undermine the activities of people working to fight discrimination, improve health and education, and cut off the vital social and economic services provided by civil society groups, which can only exacerbate poverty, instability and insecurity in the country. It would create a climate conducive to self-censorship and political influence, and allow paid political activists to flourish.

    Prominent NGOs are likely to go underground, or go very quiet, as no one would want to rock the boat. All these, of course, would have a “chilling effect” on the rights to freedom of expression, association and peaceful assembly, and introduce a cloud of fear in civil society circles.

    But what the lawmakers are failing to understand is that every time people have their rights taken away, all of us pay the price for it. If the human rights architecture is shut down and those, who speak truth to power and selflessly stand up for the rights of others are checkmated, no one will be there for the lawmakers when they themselves are stripped of some of their own rights and freedoms.

    Yet, as Zeid Ra’ad Al Hussein, United Nations High Commissioner for Human Rights put it: “Violations of human rights should not have to become so personal, for all of us to truly grasp their importance.”

    The House of Representatives’ focus on the NGO bill would seem to be a case of misplaced priority. If one may ask: What are the lawmakers doing to end violence against women, which remains widespread across the country? What are they doing to make laws to provide shelter to the thousands of children fleeing the conflict in the North-East? Or to get rid of homelessness, or improve our schools, hospitals, and roads?

    One ‘justification’ put forward by the proponents of the bill and a few supporters working hard to tickle the lawmakers’ ego is the blanket accusation—though without any iota of evidence—that NGOs and their operators engage in ‘shady and unethical practices’ and therefore must be ‘regulated’.

    One lawmaker said: “NGOs cannot be above the laws of the land. They must be regulated.”  A “human rights activist” even said, rather worryingly, that, “there is need for government to maintain control over these NGOs precisely because of their access to funds which needed to be accounted for”.  The activist would seem to be arguing that it is perfectly acceptable to stomp on citizens’ human rights.

    But the stark truth is that the bill is not about regulation: it’s crackdown on civil society, and it’s driven partly by the National Assembly’s obsession with control, but also by self-protection. It is also partly inspired by similar moves in kleptocracies and repressive countries.

    In fact, NGOs are already heavily regulated in Nigeria—be it under the Companies and Allied Matters Act or the criminal code (or penal code in the North) in cases of fraud, etc. Many NGOs also have already submitted financial reports, etc to their supporters, and many of these reports are accessible to the public. There are also plenty of institutions such as the Corporate Affairs Commission and the National Planning Commission charged with overseeing the operations of NGOs in the country.

    To attempt to add another layer of bureaucracy to the list of these institutions at a time when more than half of the 36 states of the Federation can’t even pay their workers’ salaries, is to say the least, reckless and unpatriotic. Those pushing the bill haven’t even told us how it would operate alongside the current laws guiding the operations of NGOs, or if, for example, the workers at the Corporate Affairs Commission would be retrenched.

    Proponents also point to how the bill excludes CSOs like religious bodies. Assuming their position is correct, they still have to tell us why the bill has to apply only to NGOs (part of CSOs), and why religious bodies (also part of CSOs) have to be excluded from the scope and operation of the bill.

    While attempt to differentiate NGOs from CSOs might make for good politics and public relations campaign, it shows a blatant lack of understanding of the notion of civil society by the lawmakers. Make no mistake about it: the passing of the bill would lead to the revocation of licences of not only NGOs, but also religious bodies and other similar CSOs. It would also have disastrous consequences for the daily lives of ordinary Nigerians and to society more broadly.

    Until the leadership of the House of Representatives drops the bill and strives to improve public trust in the National Assembly, their oft-repeated commitment to stand up for the country and the citizens will continue to echo a broken promise.

     

    • Kolawole Olaniyan, Ph.D is the author of Corruption and Human Rights Law in Africa.

     

     

  • ‘Why Kano created anti-graft agency’

    ‘Why Kano created anti-graft agency’

    Ibrahim Mukhtar is Kano State Attorney-General and Commissioner for Justice. He served as chairman of the Kano branch of the Nigerian Bar Association (NBA). In this interview with Legal Editor JOHN AUSTIN UNACHUKWU, the Bayero University Kano (BUK) alumnus speaks on the challenges of justice administration , corruption in the judiciary and his state’s efforts to improve the justice sector.

    How has your experience as former Chairman, NBA Kano branch, assisted you in your present assignment?

    You know very well the challenges of leading lawyers as a branch chairman. These are people who know the law. They practice it every day and go to court on a daily basis, facing serious challenges in prosecuting their trade. These are the same people fighting for the rule of law, fighting for justice for everybody, both the low and mighty in the society. It is a much larger responsibility now, because here you are dealing with not only a professional association, but the whole state as a chief law officer. I am using that experience actually in fighting corruption, in trying to improve the judiciary in the state, trying to put things in order in the justice sector, so that the society will be better. That same experience is leading me to expose corrupt judges, magistrates and Sharia court judges, if any. That is what I did to instill fear in the minds of crooked lawyers who had no respect for the rule of law who were cheating their clients and were eroding the very foundation of the legal profession when I was the branch chairman of Kano NBA and I succeeded in instilling fear in them.

    How did you do this?

    Well, it depends on the circumstances of each case. In some cases I reported them to appropriate authorities, and in some other cases I lifted cases from our disciplinary committee at the branch to the national level. Though a number of cases are still there pending, I reasonably believe that I am one of the chairmen, who lifted the highest number of cases to the disciplinary committee at the national level so that we will protect our profession and build public confidence in the people, so that people will have respect for lawyers.

    The situation was not actually encouraging because you would see people rushing to various Police stations for debt recovery and thereafter paying a percentage of the recovered debts to other people instead of going to lawyers to use judicial processes to recover their debts. If we had left it like that definitely we would lose the profession and lawyers would not have any other means of livelihood. That was the fight and that was what we did. Thank God that we succeeded in cleansing our branch, in cleansing Kano State, especially the legal profession of rots. Now I am expanding it in my office as the Attorney-General.

    Are you enjoying any support in this fight?

    I am enjoying the full support of my branch and the state governor in the fight. The Governor wants to make the state better for everybody. For instance, Kano is the only state in Nigeria that has a Public Complaints and Anti- corruption Agency. The governor is enlarging the agency to have offices in all the 44 Local Government Areas. Now they have completed the construction of offices in 23 Local Government Areas across the state, the remaining ones will be covered in this year 2018 budget. So, each local government will have an office and he has employed many lawyers for the Commission so that they will start work immediately. This will impact the state heavily because of the fact that people now have a place to lodge their complaints. This  is a step towards solving their  problems. It is a means of fighting corruption and  it amounts to  taking  solution  closer to the people  not only in Kano metropolis, but various Local  Government Areas.

    The NBA, in collaboration with non-governmental organisations (NGOs), is canvassing for the adoption of the Administration of Criminal Justice Act (ACJA) 2015 in all states of the federation. What is the position in Kano State?

    We didn’t have any criminal justice law in the state, but when I came in, with the approval of my Governor, I set up a 16-member committee, which I chair because of its importance. The purpose of this committee is to look at the existing Criminal Procedure Code in the state and the new ACJA provisions with the hope that we will have a better criminal procedure law combining both the old and new ideas to have the best law in the country. That is what we have done and we have concluded our work. We  now have a draft law in our hands. We are waiting for the validation of the Law by larger stakeholders, who will be meeting on January 16, this year.

    What is the next step after validation?

    After the validation, it will be taken to the state House of Assembly and I believe that our law will stand the test of time. It will be unique, in fact, other states in the Northern parts of the country have started requesting for a copy because our law will be applicable, not only in the High Courts, but also in Sharia and Magistrates Courts. So, it is applicable to all the courts, you don’t have to carry different procedure laws in your bag as a lawyer practicing in the state. It is unique and is very transparent and all the innovations provided for under the new ACJA are properly covered in our draft bill, including the issue of speedy trial, transparent trial, investigation by the police, to make sure that the incidence of torture is eliminated by the police in the process of investigation.

    All are accommodated including the provisions that are contrary to the constitution like denying the accused person appeal, until he waits for the final determination of the case. We rejected that kind of provision in our new law. So, there will be no conflict. That is what we have done and very soon, within this 2018, we will have ACJL for the state.

    What about the Child’s Right Act ? What efforts are you making to adopt it in Kano State?

    Actually when I came in Child’s Rights Law was not a pending issue in the state. It is not a current issue actually, but I know that a long time ago, the issue was raised by the state government and it attracted criticisms and public outcry because the background and  culture of the people. Traditionally we Africans are so used to controlling our children the way we want, so such provisions that allows a child to sue his father or his mother will create serious problems. That is the challenge actually but there are good provisions in that law and we have to protect our children like the issue in the Northern parts of the country where people release their own children to go to the streets in the name of Alma Jiri, that one is not in line with Islamic teaching at all, on the contrary, it is totally done out of ignorance.

    It is never in any religion for you to give birth to children and released them at the early age of four to six years to another state.

    Why is this practice high in the state?

    You know that most of the Almajiris in Kano are not from Kano State, but are migrating from other states in the country including Niger Republic and other African countries.  Because people are running away from their responsibilities, they cannot even trace the whereabouts of their own children and they are not even searching for the knowledge which they claim. They just come down in search of livelihood and that one is polluting the atmosphere in the State, it is really creating serious societal problems and challenges.

    Why?

    How would you raise a responsible son without a guardian in this society? He will definitely fall into the hands of criminals, become one of them and the number of criminals will keep increasing. So, such type of laws that will force parents to be responsible to take care of their children and to prohibit that kind of acts is in line, such provisions are there in the Child’s Rights Act and we are putting that into consideration.  We are looking for a way we can lift such provisions even if it is not in the name of the Child Rights Act, but maybe we can have them in our Penal Codes without calling them the Child Rights Act. Even the nomenclature is attracting problems, Child Rights Act but what we are after is the provisions, the protection of the rights of children in the society, this is very important because if you don’t protect the children now, you will not have a good future generation and that is what we are after, to have a quality future generation after our own generation.

    Corruption in the judiciary is a matter of concern. How are you tackling the problem?

    There is no state in Nigeria that you will not find corruption. Corruption is everywhere, but the challenge is that you can easily hear information informally from lawyers, on the radio in form of allegations, but the name of the person committing the offence may not be mentioned and when the name is mentioned, nobody is ready to come and give you any evidence against that particular person even the lawyers. They are not willing to come out themselves and give evidence. So, without evidence, there is no way you can sanction any judicial officer, it will just remain a hearsay evidence and that one will not hold water. That is  the major challenge, but if you are sure of what you saying and you know that somebody has committed  an offence, come out and say it. Because if you take any step without considering whether it is a good case or not and you fail, you will pay for it because you have made an unsubstantiated allegation against a judicial officer without any evidence, it will definitely come back, if you don’t fight, corruption will fight you.

    So, we are fighting corruption and we are encouraging members, especially the professionals to come out and give evidence. Even the victims should come out and give evidence. You are suffering from the menace and you don’t want to give evidence. You don’t want to report to the Police, the Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC) and others, then nothing will happen. So, we are encouraging people to come out and give evidence so that it will not be a mere discussion or a mere rumour. We have to come out; we have to deal with the issues so that we can solve the problems.

    Most  cities are strengthening the Alternative Disputes Resolution (ADR) mechanisms to complement the courts in resolving commercial disputes. What is Kano’s position?

    Kano State is one of the first states that established a Multi-Door Court House. The purpose of this court house is to enhance and ensure alternative dispute resolution. That is their main mandate and under our own  rules of courts, there is a provision  giving right to each and every judge when dealing with any case to refer a case filed before him to that multi door court house for settlement. He has the right to give that order and that house can attempt to settle the parties.  If they succeed, they will just send their settlement terms to the court and the court will adopt same as a consent judgment instead of the long and tortuous way of litigation. So, Kano is one of the first states to embrace ADR. After Lagos State, it was Kano on ADR and apart from that multi-door court house, which is an establishment of law, we also have a department, which we call Citizens Rights under the Kano State Ministry of Justice whereby ADR is being applied and people are coming daily to resolve their disputes.

    How is the department doing?

    That department is doing very well and we have another plan. The Governor has given us approval to create the Office of the Public Defender (OPD) in the state. This is in the pipeline. I sold the idea to the Governor and right away he agreed to set it up. To have that office because it will help the public not only in ADR, but in defending them in courts, you know as a state counsel, you cannot defend somebody in court, but if you have to create an agency to do this independent of the Ministry of Justice, it is in the pipeline and very soon it will come up. We are good in that and we are trying to improve it on a daily basis

    What is your greatest challenge as Kano State AG ?

    My greatest challenge in the Ministry of Justice is the issue of punctuality to work. If you don’t have punctual staff in office, in courts and elsewhere, you will never succeed. I have been able to change that situation. Now my members of staff are coming into the office as early as 8 am, and they don’t close before the official closing time. As a result of that now our cases are returning in large number. They are increasing and we are receiving commendations from the Acting Chief Judge of the state, some judges also commended us that they have seen a lot of changes. Our state Counsels are also punctual in courts, in office and we are also trying to train them to be better in terms of quality.  We have received approval from the state governor to train more  counsels. We have also secured approval to employ 25 more state counsels, who we have interviewed and that will give us about 130 lawyers in the state Ministry of Justice and 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 Counsels are the ones prosecuting before High Courts and other courts of record, but at the Magistrates Courts, Police prosecutors are the ones prosecuting, but we now ready to take over the prosecution of cases by the state Counsels.

    Why do you want to take over the prosecution of cases at the lower courts?

    This is to improve the quality of the prosecution. You cannot compare a lawyer, who is trained in the law with a police officer, who was trained in investigation and security issues. These are professionals, police are equally professionals in their own way, but not in courts, they should just come and give the outcome of their investigation as witnesses in courts while professional lawyers should prosecute so that people will benefit from that quality not only the rich who can afford to employ a private lawyer to do it for him, but the poor should also enjoy that services from the state.  That is what we are doing with the support of the state Governor. We are planning to involve the NYSC, we are going to train them so that they will enjoy their service here with experience. They will have a senior lawyer with experience appearing with them so that they will be learning and at the end of their service year, they will have the basic skills in prosecuting cases.

    Funding is the major challenge in running  ministries, departments and agencies. How are you handling this?

    You cannot say that you have all the resources you need to run a government agency that you have. But what we used to receive earlier in the last administration as grants has been doubled by this administration. I mean 100 per cent increase from what we used to receive during the last administration. Now 100 per cent increase is very encouraging and it is helping us to do more. Apart from that, 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. What we have now 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 blocks 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.

    There is this controversy about the removal of the former state Chairman of All Progressives Congress (APC). What is the true position?

    The issues can be resolved if you look at the provision of our laws and the constitution of the APC. If you look at Section 17 of that very constitution, it gives power to the state working committee if it lacks confidence in a leadership to pass a vote of no confidence and that is exactly what happened. The working committee passed a vote of no confidence on the leadership of Umar Haruna Doguwa, which same constitution says that if there is a vacuum, you cannot allow a leader under a democratic system that the people do not want to continue leading them.  Now the same constitution gives power to the national leadership or appropriate body to appoint an acting chairman, pending the approval by a national congress of the party. So, you cannot leave that vacuum, you cannot leave a party without a chairman.

     

     

     

     

  • More lawyers tackle Buhari on restructuring

    More lawyers tackle Buhari on restructuring

    More lawyers, including a Senior Advocate of Nigeria (SAN), Layi Babatunde, have asked President Muhammadu Buhari to explain to Nigerians his understanding of the term ‘ restructuring ‘.

    Aside from Babatunde, the other lawyers who are reacting to last week’s nationwide broadcast by President Buhari on same issue include Chairman, Nigerian Bar Association (NBA) Sagamu branch, Prince Debo Oduguwa and his Ikorodu counterpart, Mr Levi Adikwaone.

    They said  this has become necessary so that Nigerians can better appreciate what the president meant by describing restructuring as a matter of ‘process ‘and ‘cost of governance ‘ .

    President Buhari, in his nationwide broadcast had said the problem with the country was not the structure, but the process of doing things. He said the country had tried many political models in the past and had to dump them because they did not work, emphasising that if things were done properly by all citizens, the country would perform better.

    But Babatunde said: “Since the issue of restructuring has become akin to the story of the elephant and the blind, it would have been helpful for the president to let us into his understanding of the term ‘ restructuring ‘ so we can better appreciate how the president arrived at his solution of merely a matter of ‘process ‘and ‘cost of governance ‘ .

    “For instance, is there a nexus between our kind of federalism, the process said to be the problem and cost of governance?  Could the former possibly be causative agent of the latter ? Are we talking of political or economic restructuring or simply restructuring of government structures and apparatus or assigned functions  of various tiers of government or forms of government? Did the president put all into one basket? There appears to be more work needed in this area,” he emphasised.

    Babatunde, however, observed that the President focused his new year speech mainly on informing Nigerians on efforts being made to address our obvious infrastructural deficit.

    He also noted that the speech again gives hope of expectation of improvement in that regard.

    He remarked that Nigerians have never been short of being hopeful over the years  “only for such hope to be dashed for lack of faithful implementation. Faithful implementation is what will help ameliorate our claimed impatience as Nigerians”.

    The learned silk remarked that the president‘s call for a change of attitude deserves support ”if we are to build the kind of country we all desire, while the president‘s candor in acknowledging and recommending the southwest model of accommodation  to the country is commendable . On the whole, the speech  gives both hope and concern”.

    Prince Oduguwa, in his reaction to the broadcast noted that the president appreciated the country‘s known problems and the hardship Nigerians faced and promised to address them, particularly in the areas of transportation, social infrastructure, electricity, railway, economy and fuel supply.

    Oduguwa, however, expressed regret that the president failed to unravel the concrete plans and realistic strategy to humble these challenges, thus leaving discerning minds with one conclusion that these are the usual government promises that can never see the light of the day.

    “Our problems are beyond the capacity of this administration and this is to be expected from a government that is rejuvenating old, weak, corrupt and insensitive politicians as its main functionaries,”he lamented.

    Adikwaone on his part, blamed the Federal Government for the fuel scarcity experienced by Nigerians during the yuletide.

    He said the government should have taken steps to avert fuel scarcity, which has become a recurring issue during Christmas period.

    He said in part: “I am unable to agree with our President on the matter of the fuel scarcity during the Yuletide. When you are peeling groundnuts for the blind man, you are to blow whistle with your mouth to avoid the suspicion of stealing the same groundnuts.

    “The Presidency, nay, the government cannot demonstratively absolve itself of blame. For example, when people called the help lines supplied by its agency, there was no response.

    “My position is that the government should be more proactive and serious.”

     

  • Advertising firms settle affiliation dispute

    Leading marketing communications firms, Prima Garnet Communications Limited and Ogilvy & Mather Africa BV, have resolved their longstanding affiliation dispute.

    The Lagos High Court has entered their settlement agreement as a consent judgment.

    Justice Latifat Oluyemi, last December 15, adopted the terms of settlement dated December 14, 2017, which was duly executed by the parties and their counsel, as the consent judgment.

    The firms’ spokespersons said they had “mutually beneficial discussions and the outcome is an amicable resolution of the dispute and the consent judgment.”

    They added: “This development allows both parties to put an end to the matter and enables Ogilvy & Mather to resume business in Nigeria as the parties continue to contribute to the growth of the Nigerian advertising landscape.”

     

     

  • ‘Employment opportunities for millennials’

    ‘Employment opportunities for millennials’

    Being abridged version of a paper presented by an Abuja lawyer, Ms. Adaeze Anah, at the 23rd Annual Law Week of the Nigeria Bar Association (NBA), Awka Branch.

    The legal profession in my view is in a very ironic position at the moment, with the Nigerian Law School producing between 6,000 and 8,000 lawyers every year into an industry that has little or no expansion to accommodate the manpower churned out.

    One would think that the lack of law offices and limited vacancies coupled with the ‘man-know-man’ syndrome. Further compounding the problem in the already competitive sector is the reason for the unemployment plague in the profession.

    To my mind this not the cardinal cause of the downward plunge in availability of job opportunities in legal practice. Even with the greater percentage of lawyers redundant and complaining of unemployment, the legal sector is greatly understaffed and the enormous lack of capacity to provide legal services in emerging areas of law has further expanded the yawning gulf.

    The actual reason for unemployment, especially among young lawyers, is their inability to see law practice from the eyes of a businessman and identify the latent opportunities available and waiting to be explored. It is my hope that this would come to bare at the end of this discuss.

    My task today really is to reel out employment opportunities available to ‘millennials’ or better still, young lawyers in today’s legal market…The question now becomes, ‘what then do we need to do to identify latent opportunities and tap into them for our pecuniary advancement and in turn for the advancement of the economy of the state?’

     

    Strategic marketing

    Before I delve into explaining how strategic marketing would propel legal practice, let me water the ground by distinguishing strategic marketing from advertising, which is currently mostly frowned out by the Rules of Professional Conduct for legal practitioners 2007.

    Strategic marketing is not ‘marketing’ as we know it in Nigeria. It does not involve the door to door advertising of products and the controversies that trail after that line of advertising. Strategic Marketing is the engine upon which every major brand in the world from Volvo to Coca-cola to BMW and Facebook has thrived on, you name it. It is the tool that has helped these brands to successfully evolve and navigate the troubled waters of the global recession among other challenges.

    What then is Strategic Marketing? It is the provision of goods or services that meet the particular needs of customers or clients. It is a lot more than a sale, which is simply the exchange of goods and services for money. Strategic Marketing involves understanding the economic wave of a terrain, understanding in  clear terms, what the client/customer needs and developing products that satisfy these needs.

    As lawyers, it is our job to identify emerging markets, identify the legal services that will be required by the client base, acquire the required capacity, and position ourselves to provide these services whilst meeting the specific needs of our clients. Let me quickly note that it is not the job of the client to tell you what his needs are, it is the job of the lawyer to identify these needs and offer solutions to a client, who may never have known that his concerns were being considered. This brings a personal touch to business and gives the client the confidence to always return for more services. This is the miracle of strategic marketing.

    When strategic marketing is applied to legal practice, there are three major implications. These are: It will ensure the growth and northward evolution of legal practice in Nigeria, owing to the fact that lawyers, who apply the concept of strategic marketing to their practice, are constantly in the business of developing themselves to satisfy their clientele base. Law practice in Nigeria will ultimately develop to a more sophisticated realm where capacities in various areas of law are represented and quality services rendered.

    A careful analysis of the legal market in Nigeria would reveal that legal practitioners tend to be busier during election season. The last presidential election turned out to be a big box of surprises with Dr. Ebele Goodluck Jonathan conceded to defeat and not patronising the election tribunals. This attitude trickled down to candidates defeated in lesser offices. The result was a special kind of recession in the legal sector. This would not have been such a problem if legal practitioners had broadened their horizon and not overcrowded one area of practice. Medical law, energy and natural resources law, environmental law, cyber law, entertainment law, company compliance, are but a few areas of law in Nigeria in need of the urgent attention of competent lawyers.

    Strategic marketing will stir healthy competition amongst legal practitioners and eliminate competition between legal practitioners and non lawyers. A major effect of strategic marketing is outdoing your competitors. Healthy competition amongst legal practitioners is a very welcome phenomenon because it provides the necessary motivation for lawyers to constantly put in effort into capacity and good customer based service provision.

    There is, however, another side to competition worthy of note. In legal practice, there is the competition between the professionals and the quacks. Sometimes the quacks referred to are the clients themselves, who do not understand why they have to pay for legal services when they can simply get a computer generated precedent from the internet and evade paying a solicitor. Whilst I am thankful to the Nigerian Bar Association for the stamp and seal, which have gone a long way to curb this menace, it is the duty of the lawyer to position himself in a place where his client understands his value and relies on him for his services. This can be achieved by answering these questions: what else can we make? What can we do for our clients? What are their concerns and fears? How do we allay them? How do we reduce cost and risk for our client? Do we deliver our services on time? Is our work environment a client friendly one?

    Strategic marketing will cause for employment opportunities to be made available because strategic marketing is a tool that can be employed by any and everyone and does not make a professional’s advancement dependent on a structure or system or the government, Young professionals, who have made it a lifestyle soon establish their own outfits. It creates a synergy between the professional and the society in such a way that they will not be stranded if there are no vacancies in public practice or older firms in private practice of law. This is because they are armed with the entrepreneurial skill and competence to be self-employed and sharpen their capacity to earn legitimate streams of income.

    In a nutshell, strategic marketing can be described as being customer-centric or rather client-centric in legal parlance.

    Why have I taken the pains to introduce this concept to us? It is because I am aware of the fact that today’s excellence is tomorrow’s mediocrity. The emerging areas of law we are excited about today will one day be obsolete. So, instead of naming areas of law with career opportunities, which I am sure you have all heard of before, I have chosen to arm us with the tool that always brings us out of the unemployment fix every time the economic wave changes and the need for lawyers to stay relevant and continuously rich becomes a puzzle. We need to master the art of evolving with not only the trends, but also our clients. This is the answer.

     

    Untapped emerging areas of law

    If you have attended conferences or workshops in recent times, you would have heard one message re-echoing through various speakers. It is the call to having a specialist consciousness in the practice of law. It is already not a plus for anyone to be described as a general practitioner. In order to stay relevant in the profession for a very long time, young lawyers need to start adopting this approach immediately. Corporations, multi-nationals and government agencies want to know that the lawyer they are relying on has considerable experience, the necessary qualification and expertise in the line of legal practice that concerns them. Wisdom for us all and in accordance with the principles of strategic marketing is to evolve by making efforts at specialisation.

    Following this trend, the key to the creation of jobs for millennials is to identify these emerging area and services ancillary to the practice of law in these areas and provide them.

    For example, if we all agree that telecommunications law is a lucrative line of practice, apart from the opportunities  already identified in it, I make bold to say to you that more employment opportunities lie in the provision of services that aid the excellent practice of that area of law, for example, the production of law reports targeted at specialised areas of law identified, which would save litigators a lot of time in research, knowing the different licenses and approvals a company may require to do business in those areas, the writing of legal opinion for companies that may want to access the strength of their cases before engaging in litigation etc. As stated earlier, find it, explore it, and reap from it.

    Another side to creating jobs for millennials is to encourage us to adopt a problem solving approach. Wherever we spot a problem in the legal sector, instead of complaining and giving unsolicited commentaries that add no value to our persons or the legal market, lawyers should channel their energies into offering solutions. Solution based methodologies have been proven to bring in a steady supply of income. For example, most judges still record proceedings by longhand thus slowing down the process of delivering justice. Instead of constantly berating the government, lawyers could build a company that offers state-of-the- art court room recording for the judiciary. This would be solving a great problem and bringing in the desired inward fiscal flow. Look around you. Every problem in the legal sector is a potential goldmine. The key to staying wealthy is to solve problems. Nobody is really going to pay you money because you wear nice suits, speak impeccable Latin or because you are a walking legal encyclopedia. People pay you to translate your skill into problem solving solutions.

    It is my hope that I have been able to stir your minds to better thinking and a more proactive yet financially rewarding way of practicing law. Millennials, let us discover, explore and provide legal services.

  • FCT Customary Court of Appeal introduces law report

    The Customary Court of Appeal of the Federal Capital Territory (FCT) has inaugurated its maiden law report, containing its decisions on customary disputes through the interpretation of customary laws applicable in the FCT.

    The court unveiled the report last Thursday at a well-attended valedictory court session held in honour of the court’s President, Justice Moses Abu Bello, who retired on attaining the mandatory retirement age.

    Speakers, including the Minister of Justice and Attorney-General of the Federation (AGF), Abubakar Malami (SAN); his FCT counterpart, Muhammed Bello; Chief Judge of the FCT, Justice Ishaq Bello and Clerk of the National Assembly, Mohammed Sani-Omolori hailed the retiring Justice Bello for his contribution to the development of the court.

    Other dignitaries at the event included the Chief Judges of Nasarawa and Kogi states – Suleiman Dikko and Nasiru Ajanah;  Grand Kadi of Kaduna State, Justice Shehu Ahmed, Alex Iziyon (SAN), Israel Olorundare (SAN) and Sunday Ameh (SAN).

    Presenting the law report, the FCT Chief Judge commended the initiative, which he said would help preserve the customary law and serve as a ready reference material for lawyers and researchers on that branch of law.

    He eulogised the court’s retiring president for his contribution to the growth of the court, which now has 44 courts within the FCT and by so doing, assisted it by taking justice closer to the people.

    The FCT CJ noted that the retiring Justice Bello will always be remembered for his development and promotion of the customary court and customary law in the FCT.

    The AGF described the retiring Justice Bello as a distinguished jurist, who has contributed immensely to the development of customary laws in Nigeria.

    Malami said Justice Bello’s dedication to duty and commitment to the growth of his court will serve as inspiration to lawyers and judges alike. Malami described him as a “rare jurist of substance and calibre, recognised by the judiciary and the nation”.

    The FCT Minister, who was represented by the Permanent Secretary of the FCT, Christian Ohaa, congratulated Justice Bello for exiting service with his integrity intact, after a deserving service to his fatherland.

    He noted that Justice Bello’s tenure had been an eventful one as he succeeded in weathering the storm and addressed most of the challenges associated with customary laws in the FCT.

    The FCT Minister noted that Justice Bello’s many pronouncements on customary disputes will serve as a ready guide for others, particularly judges and lawyers on issues relating to chieftaincy matters.

    Sani-Omolori, who described Justice Bello as a man who has impacted positively on those around him, said he has discharged himself creditably well as a judicial officer. He prayed God to continue to guide him.

    Justice Moses Bello, who became the court’s pioneer President in 1992, thanked God for the opportunity granted him to serve at that level and his contribution to the court’s growth.

    He said: “I am pleased to state that we now have 44 functional Customary Courts spread across the FCT with state-of-the-art court room facilities.

    “Of particular joy to me is the passage into law, by the National Assembly, of the Customary Court of Appeal of the FCT, Abuja (Jurisdiction on Chieftaincy matters) Act, 2011, which conferred on the FCT Customary Court of Appeal’s original jurisdiction to hear and determine chieftaincy matters in the FCT to the exclusion to any other court.”

     

  • Overview of administration of criminal justice law

    Overview of administration of criminal justice law

    Plea bargain and sentence agreements

    Plea bargaining gained traction in Nigeria with the establishment of the Economic and Financial Crimes Commission even though there was no clear provision for it in Nigeria at the time. The ACJL has now specifically provided for plea bargain in Section 76 thus: “notwithstanding anything in this Law or in any other law, the Attorney-General of the state shall have power to consider and accept a plea bargain from a person charged with any offence where the Attorney-General  is of the view that the acceptance of such plea bargain is in the public interest, the interest of justice and the need to prevent the abuse of legal process”.

    Simply put, plea bargain means the negotiation of an agreement between the prosecution and the defence whereby the Defendant is allowed to plead guilty to a lesser/reduced offence/charge in exchange for a more lenient sentence or an agreement to drop other charges against the Defendant.

    The ACJL also allows the prosecutor and the defendant or his legal practitioner to enter into a plea bargain agreement before the plea is taken subject to the overriding discretion of the judge who will however not participate in the negotiations.

    Section 270 of ACJA has similar provisions that will extend to non-custodial sentencing including parole, suspended sentence and community service.

    Plea bargain saves time and resources, reduces the trauma to the victims, aid prison decongestion, helps case management, reduces the number of inmates awaiting trial. In the same vein, non-custodial sentencing helps decongest our prisons and allow convicts to contribute to societal good in terms of community service.

     

     Collection, storage of data and record of arrests

    Section 20 (1) ACJL requires that “officers in charge of Police station shall report to the nearest Magistrate the cases of all persons arrested without warrant within the limits of their respective station whether such persons have been admitted to bail or not and the Chief Magistrate shall notify the Chief Registrar of the High Court of such report who shall forward the report to the Director of Public Prosecutions for necessary actions”.

    The ACJL further directs that “the Commissioner of Police shall remit to the Office of the Attorney-General a record of all arrests made with or without a warrant in relation to state offences within one week of the arrest”.

    ACJA made similar provisions to the effect that the police takes a full inventory of every arrested person, including the persons physical and biometric data within 48 hours. This is to prevent unreasonable pre-trial detention by the police and other law enforcement agencies. See Section 15 (1) & (2) ACJA.

    There is established in Section 16 (1) ACJA a Central Criminal Records Registry at the Police Force where all information of all persons who encounters the criminal justice processes are stored and managed. Section 16 (2) creates Criminal Record Registry in all State commands, where all the data collected of all arrested persons from the police posts and divisions are transmitted to the State Command Registry and then collated and stored at the Central Registry at the force headquarters.

    A critical provision is Section 16 (3) ACJA which makes it mandatory for the police to ensure that the decision of the Court in all criminal trials are transmitted to the Central Criminal Records Registry within thirty days of delivery of the judgement.

    Imagine what it will mean for the administration of criminal justice in Nigeria if this little effort at registration of criminal convictions or acquittals are made! The prosecution will know who and what they are dealing with from day one. The defence counsel can no longer cast every serial offender as an innocent person making his first and unintended transgression against the Law. Above all, everyone could search the registry as you would at the Corporate Affairs Commission and easily overcome the problem of information asymmetry in the administration of criminal justice in Nigeria.

    According to Chino Obiagwu, the Executive Director of Legal Defence and Assistance Project in his piece “ACJ Act 2015: New Face of Federal Criminal Justice Administration”, “this is an innovation that would improve crime prevention and management in the country. It requires strong political will of the police leadership and other federal justice sector institutions leaders to fully implement it. It will be very useful to have strong coordination and increased exchange of data including harmonisation of biometric information among the security and other electronic data sources including telecommunications, banks, customs, passport and immigration offices, etc so that it can be fed into the national identity card programme that would ensure that all residents of Nigeria are captured in a well managed and IT-based data base”.

    The ACJA further provided that the Attorney-General of the Federation shall maintain an electronic register of arrests, which will collate reports of all arrested persons from the police state commands and the force headquarters to the Attorney-General’s office.

    Section 29:  “The inspector- General of police and the head of every agency recognized by law to make arrests shall remit quarterly to the Attorney-General of the Federation a record of all arrests made with or without warrant in relation to federal offences within Nigeria.

    “The Commissioner of Police in a State and head of every agency authorized by law to make arrests within a State shall remit quarterly to the Attorney-General of that State a record of all arrests made with or without warrant in relation to State offences or arrests within the State.

    “The report shall contain the full particulars of arrested suspects as prescribed by Section 15 of this Act.

    “A register of arrests containing the particulars prescribed in section 15 of this Act shall be kept in the prescribed form at every police station  or agency recognized by law to make arrests, whether made with or without warrant, within the local limits of the police station or agency, or within the Federal Capital Territory, Abuja, shall be entered accordingly by the officer in charge of the police station or official in charge of the agency as soon as the arrested suspect is brought to the police station or agency”.

    The Attorney-General of the Federation shall establish an electronic and manual database of all records of arrests at the Federal and State level.

    One can only hope that all involved will do what is right to give efficacy to these provisions.

     

    Report to Supervising Magistrate, Chief Magistrate’s visit to Police Station, and returns by Comptroller – General of Prisons

    To further secure the rights of suspects, track everyone who encounter the criminal justice system, prevent human rights abuses and perhaps to prevent undue and prolonged detention of suspects the ACJA made further note worthy provisions.

    Section 33 (1) thereof provides that an officer in charge of a police station or an official in charge of an agency authorized to make arrest shall on the last working day of every month report to the nearest Magistrate the cases of all suspects arrested without warrant within the limits of their stations or agency whether the suspects have been admitted to bail or not.

    Section 34 of ACJA in the same vein provides that the Chief Magistrate, or where there is no Chief Magistrate within the police division, any Magistrate designated by the Chief Judge for that purpose shall, at least every month, conduct an inspection of police stations or other places of detention within his territorial jurisdiction other the prison.

    Section 111 ACJA further provides that the Comptroller – General of Prisons is to make returns every 90 days to the Chief Judges, President of the National Industrial Court and the Attorney – General of the Federation of all persons awaiting trial held in custody for a period beyond 180 days from the date of arraignment.

    ACJA makes it mandatory that upon the receipt of such return, the recipient shall take such steps as necessary to address the issues raised in the return in furtherance of the objectives of the Act.

     

    Legal Advice

    If you are a defence counsel, one of the major causes of frustration and delay in criminal trials is the time spent to obtain the Advice of the Director of Public Prosecution in our various States which has been euphemistically tagged “awaiting DPP’s advice”.

     

     

     

    Now the ACJL recognized 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:

    1. a)      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.

     

    1. b)      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.

     

    1. c)       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 recognized 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 Assembly 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 organization 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:

    1. a)      The provision of legal aid services and advice;
    2. b)      To receive complaints from individuals or by referrals from government and private institutions;
    3. c)       Investigate complaints and referrals made to it and to prepare necessary legal documents;
    4. 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 galvanizing 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 realization of the objectives of the Federal and State Laws.

     

    Stephen Onimisi Obajaja,  a Lagos based Legal practitioner is the immediate past Secretary of the Nigerian Bar Association ( NBA)  Lagos Branch.

     

     

     

     

     

  • Supreme Court asked to sack Rep Wayo for false information

    The dispute over the actual candidate of the All Progressives Congress (APC) in the last legislative election in Kwande/Ushongo Federal Constituency of Benue State, won by the party has been taken before the Supreme Court.

    George Nduul, an engineer, filed a notice of appeal against a judgment of the Court of Appeal in Makurdi, which upheld the December 10, 2015 judgment of the Federal High Court, Makurdi.

    The lower court dismissed his suit against Benjamin Wayo, who presently occupies the seat.

    In the notice of appeal filed last December 12 by his lawyer, Matthew Burkaa, Nduul, who faulted the November 29, 2017 judgment of the Appeal Court, wants the Supreme Court to set it aside and declare him the winner of the primary election conducted by the APC on December 10, 2014 for Kwande/Ushongo Federal Constituency.

    Nduul also wants the apex court to declare that he is the winner of the general election, that held on March 28, 2015 for Kwande/Ushongo Federal Constituency; that the Independent National Electoral Commission (INEC) issue him a certificate of return, and that he be sworn in as the member representing the constituency in the House of Representatives.

    He raised 17 grounds in his notice of appeal, among which is that the Appeal Court erred when it held that he (the appellant did not show that Wayo (the 1st respondent made false representation to INEC in his Form CF 001 or that the letter enclosed in the form was forged.

    Nduul argued that his case in relation to the issue of false information was predicated on Section 31(5) and (6) of the Electoral Act 2010 (as amended), which empowers the court to disqualify any person, who gives any false information in his affidavit or any document accompanying same in his Form CF 001.

    He contended that contrary to the Appeal Court’s finding, Wayo, in filing his Form CF 001, stated falsely under oath, that his appointment was terminated by a letter dated 4th September 1997 with reference No: JSC/SEC/P/1192/1/40 wherein he (Wayo) allegedly falsified the letter by deleting the word: “appointment” and writing “termination.”

    Nduul also faulted the Court of Appeal decision that since the letter was certified by the Secretary of the Benue State Judicial Service Commission, it could not be said to have been falsified. He argued that a comparison of the letter Wayo attached to his Form CF 001 and the true copy of the letter, which he tendered as exhibit, would reveal that the former was falsified.

    He equally faulted the Court of Appeal for not considering Exhibit GN11, which showed the complete record of proceedings in suit No: MHC/122/97 where the said letter of termination was tendered and relied upon by Wayo in the suit he (Wayo) filed challenging the termination of his appointment in 1997.

    Nduul argued that the Appeal Court was in error when it held that a candidate could be disqualified only where the false information he gave in his Form CF 001 relates to any of the disqualifying grounds in the Constitution.

    He contended that Section31(5) and (6) of the Electoral Act 2010 (as amended) empowers the court to disqualify a candidate, who gives false information in his Form CF 001. He added that the portion of the Electoral Act did not state that the false information must only relate to any of the disqualifying grounds in the Constitution before the court could disqualify a candidate.

    The appellant faulted the Appeal Court’s decision that it was not a requirement under the APC’s guidelines that candidates for the party’s primary must produce their screening certificates at the venue of the primary election.

    Nduul stated that his case against Wayo was that he did not purchase the party’s nomination form and did not possess a screening certificate at the date of the primary election.  He added that both election Committee and Primary Elections Appeal Committee of the APC found as a fact that Wayo did not possess a screening certificate at the date of the primary and was therefore, not fully cleared.

    He argued that the Appeal Court erred in law when it failed to consider his argument that Wayo did not pay the nomination fee and had no evidence of such payment from any designated bank, as required under Paragraph 6 of the APC guidelines.

    The appellant also faulted the Appeal Court’s position that his argument that Wayo did not exhibit his payment slip was a fresh issue, which could be raised only with the leave of the court. He argued that one of his complaints at the trial court was the non-compliance with Paragraph 6 of the APC’s guidelines.

    The paragraph, he noted, provides for the payment of a nomination form and that the teller and payment advise slip shall be evidence of payment. He added that had the Appeal Court taken a holistic view of his case, it would have found that he complained against lack of payment advise slip by Wayo.

    He argued that the Appeal Court erred in law when it assumed jurisdiction and determined the 1st respondent’s fresh issue, which was a direct complaint against the decision of National Assembly Primaries Appeal Committee of the APC.

    Nduul argued that the Appeal Court misdirected itself in law when it treated the APC as a neutral party in resolving his complaint that Wayo did not pay for a nomination form. He contended that since his complaint was against the APC for not upholding its guideline, it was wrong for the Appeal Court to hold that it was the party that should have complained that Wayo did not possess a nomination form.

    It was part of Nduul’s contention at the trial court that Wayo did not comply with the APC’s guidelines by not paying the necessary fees, including the mandatory N2million for the nomination form and was therefore,  not issued with the required clearance certificate by the party’s screening committee to participate in the primary.

    He stated that upon enquiry, he discovered that Wayo’s appointment as Magistrate 2 was terminated by the Benue State Judicial Service Commission (BSJSC) for being of “doubtful integrity,” for “violating the code of conduct relating to judicial officers”.

    Nduul said, upon discovering that Wayo did not comply with the party’s guidelines, he appealed to the APC’s Appeal Committee for National Assembly primaries in Benue State, which allegedly voided Wayo’s candidacy and directed that he, having emerged second at the primary, be made the party’s candidate.

    He added that APC’s National Working Committee (NWC), acting on behalf of the party’s National Executive Committee (NEC), accepted the Appeal Committee’s report, approved his (Nduul’s) candidacy and directed that he should be issued with the necessary INEC forms as the party’s duly nominate candidate.