The Nation Newspaper

Category: Law

  • How we achieved peace in Plateau, by Lalong

    How we achieved peace in Plateau, by Lalong

    Plateau State Governor Simon Bako Lalong has attributed the peace in his state to an all-inclusive governance model.

    According to him, ensuring that no ethnic group is neglected in any society will ensure  harmonious existence.

    In an interview with The Nation in Jos, Platea State capital, Lalong said it was the model that restored peace to the Plateau.

    He said: “During my campaigns, some of the ethnic groups were raising issues. Some said: ‘We are neglected. It is only during election that they call us to contribute. We are also part of the state; we have contributed to the economy.’

    “I won’t say that all of them were looking for political appointments. They were looking for a sense of belonging. They were looking for an opportunity to contribute their quota to the development of the state.”

    Lolong said if he signs 200 Certificates of Occupancy (CofO), those of indigenes would be less than 20, while the rest would be members of other ethnic groups.

    “If they are contributing to the economy, we must also ensure that they have a sense of belonging. So, we got the names of leaders of the various ethnic groups.

    “We assured them that this new government was theirs. We went on campaigns together; we went to the 53 ethnic groups together, to their leaders and door steps.

    “In some cases we sat down and discussed with them for more than two hours on how we would run the government if we succeeded. So, they were with us,” he said.

    Lalong said the need to carry everyone along was more compelling considering that the All Progressives Congress (APC) was not popular in the state when he campaigned on its platform.

    It was also challenging “a powerful administration of the Peoples Democratic Party (PDP)”, which had been in power for eight years.

    “So, we carried all the ethnic groups along. In our campaign under the auspices of APC, you would see a lot of ethnic groups.

    “You would see Yorubas singing Yoruba songs, Igbos singing Igbo songs, Igalas singing Igala songs, Fulanis singing Fulani songs, etc. Everywhere we went was like a miniature Nigeria,”he said.

     

     

  • Industrial Court has one territorial jurisdiction, judge rules

    Justice Nelson Ogbuanya of the National Industrial Court of Nigeria (NICN), Yola Division,  has                         held that the court has one jurisdiction throughout the country.

    He ruled that it is not necessary for a claimant to obtain leave of court and endorse his processes before it can be served in a state for an action commenced in another state in Nigeria.

    His Lordship ruled on a preliminary objection filed by the Federal Road Safety Commission (FRSC) through its counsel I. D. Midala.

    The defendant had argued that the claimant, Yusuf Yahaya, commenced the suit outside Abuja and served it in the Federal Capital Territory without first obtaining the court’s leave to file and serve the processes out of jurisdiction.

    Midala contended that by the combined provisions of Order 8, Rule 1 and 3 of the NICN (Civil Procedure) Rules 2017 and Section 97 of the Sheriff and Civil Process Act, the claimant ought to have obtained leave to serve the defendant, who is based outside the court’s jurisdiction.

    He cited the Supreme Court cases of M.V Arabella vs NIAC (2008) and Drexel Energy and Natural Resources Lit and 2 ors vs Trans International Bank Ltd & Ors (2008).

    The counsel added, among other arguments, that the court lacked the jurisdiction to determine the matter, being incurably defective.

    But, the claimant’s counsel, S. Wilson, argued that the court’s rules states that the NICN has one jurisdiction throughout the federation, and urged the court to dismiss the objection.

    In his ruling, Justice Ogbuanya noted that lower courts were bound by decisions of superior courts based on the principles of stare decisis and judicial precedents, but are allowed to distinguish the factual application  of the principles of the cases .

    While acknowledging that the Supreme Court in M.V Arabella emphatically held that the respondent was outside the jurisdiction of the Federal High Court sitting in Lagos, where the writ was issued from, Justice Ogbuanya, however, distinguished the cases, finding that the legal principles and facts were not similar.

    According to the judge, the Supreme Court, in the cases, based its decisions on the fact that there was nothing in the Federal High Court’s Act or its rules that excluded the application of the provisions of the Sheriff and Civil Process Act regarding the requirement for leave and endorsement of processes.

    He said that was not the case with the NICN’s Rules.

    “In the instant case, the provisions of the NICN (CP) Rules 2017 clearly exclude the application of the provisions of the Sheriff and Civil Processes Act,” the judge said.

    Justice Ogbuanya held that NICN has only one territorial jurisdiction within Nigeria, as ‘out of jurisdiction’ in the rules mean “out of Nigeria/foreign territory”.

    Another distinguishing feature of the Supreme Court’s decision, the judge said, was that it relied on the now repealed Federal High Court Rules of 1976.

    He held that the apex court’s decision would not be the same under the current FHC 2009 Rules and under the extant NICN Civil Procedure Rules 2017.

    Justice Ogbuanya said the NICN rules of 2017 has clarified and expanded on the court’s jurisdiction to be “only one jurisdiction throughout the territory of Nigeria”.

    Among other reasons, he held that the arguments made by the defence counsel were inapplicable to the matter, as the originating processes were served within Nigeria.

    “I also need to add and hold that the general provisions of the Sheriffs and Civil Process Act cannot override the specific provisions of the Rules of this court, which derives its force directly from the Constitution and its enabling statute, the NIC Act 2006,” Justice Ogbuanya said.

    According to the Judge, “where there is a specific law and a general law on the same issue, the specific law prevails”.

    “Accordingly, I hold that this notice of preliminary objection is grossly misconceived, and is hereby discountenanced and dismissed. Ruling is entered accordingly,” Justice Ogbuanya ruled.

     

     

     

  • CJ: Judges, support staff bound by same rules

    CJ: Judges, support staff bound by same rules

    The Chief Judge of Lagos State, Justice Opeyemi Oke, has said the same set of rules, regulations and allegiance that apply to judges  also apply to those who work with them.

    She said it was imperative for support staff to know that they are bound by some set of rules that bind judges.

    The Chief Judge, who gave this explanation while responding to questions from newsmen when judiciary workers swore to oath of secrecy and allegiance at the High Court in Ikeja, also stated that the exercise was intended to bring dignity to the workers in the judiciary such that litigants would have respect for them.

    She said the judiciary as an institution, which deals with justice delivery, has very important documents that must be kept sacred and which cannot be allowed to be toyed with.

    Justice Oke enunciated that the oath taking was introduced because the judiciary has received series of “petitions and complaints about judgments leaking out, certain exhibits missing and so on.

    “So, this is to prevent that and secondly and most importantly, it is a way of also curbing corruption. When you have your oath taking, you know the implications of your action and every action also has a resultant effect. If  you violate that, you know what the resultant effect of that will be,”she maintained.

    Justice Oke lamented that corruption has eaten deep into so many establishments “and we are determined in the Lagos State Judiciary to make a difference”.

    She said: “It is a new year. It is a new dawn and we want to make a difference. So, it is a joint effort and it is necessary, it is a very fundamental exercise that will help the image of the Lagos State Judiciary and to have more confidence from the public that we serve because we are service providers.”

    Justice Oke reiterated that she has a mission to leave behind a judiciary that”every Lagosian, every Nigerian can be proud of, judiciary that can stand shoulder to shoulder with others and foremost judiciary around the world.

    “My mission is to leave a judiciary where litigants will come and when you lose a case, you will be leaving the court smiling and be able to say to yourself, yes, I lost the case, not because of corruption but because I have a bad case,”she said.

     

  • Events, cases that shaped Judiciary in 2017

    Events, cases that shaped Judiciary in 2017

    Last year was eventful for the Judiciary. Its hallmark were forfeiture orders, appointment of new Lagos and Federal High Court Chief Judges and Justice Isa Ayo Salami’s rejection of his appointment. ERIC IKHILAE, ADEBISI ONANUGA, JOSEPH JIBUEZE and ROBERT EGBE review the issues and cases that shaped the year.

    It was a busy 2017 for the judiciary. Several developments made headlines. Some of the major cases and issues are:

    Saraki

    On December 12, the Court of Appeal in Abuja voided the acquittal of Senate President, Bukola Saraki by the Code of Conduct Tribunal (CCT) following his trial on an 18-count charge of corruption and false assets declaration.

    The court, in a unanimous judgment on an appeal filed by the Federal Government, set aside the June 14, 2017 judgment of the CCT, which upheld Saraki’s no-case submission.

     

    Salami rejects appointment

    Former President of the Court of Appeal, Justice Isa Ayo Salami, rejected his appointment as the head of the committee set up by the National Judicial Council (NJC) to monitor the prosecution of corruption cases in courts – Corruption and other Financial Cases Trial Monitoring Committee (COTRIMCO).

    Although the Chief Justice of Nigeria (CJN) and Chairman of the NJC, Justice Walter Onnoghen regretted Justice Salami’s rejection of his appointment, he approved the appointment of Justice Suleiman Galadima in his (Justice Salami’s) place.

     

    Appeal Court to get 14 new Justices

    The CJN and the President of the Court of Appeal, Justice Zainab Bulkachuwa confirmed, on December 14 this year, the elevation of 14 judges, including Justice Mohammed Idris of the Federal High Court to the Court of Appeal. The elevation, already approved by the NJC, if confirmed by the President, as required, will raise the number of the Justices of the Court of Appeal to 100.

     

    NJC okays sack of Ademola and Tokode

    On December 7, the National Judicial Council (NJC) announced its recommendation for the compulsory retirement of Justices Ademola F. A. Ademola and O. O. Tokode of the Federal High Court.

    Justice Ademola last sat at the court’s Abuja division, while Justice Tokode was at the Benin division before their compulsory retirement.

     

    Supreme Court sacks Hembe, Sen Danladi

    The Supreme Court, on June 23 last year, sacked Senator Sani Abubakar Danladi, representing Taraba North Senatorial District, Taraba State and replaced him with Isah Shuaibu Lau.

    The court also sacked a House of Representatives member, Iorwase Herman Hembe, representing Vandeikya/Konshisha Federal Constituency of Benue State and replaced him with Mrs. Dorothy Mato.

     

    Ex-PDP chair’s son’s death

    Trial began on December 7 in the case of Maryam Sanda, wife of Bilyamin Bello, the late son of former Chairman of the Haliru Bello; her mother, Maimuna Aliyu; brother, Aliyu Sanda and one other, Sadiya Aminu before the High Court of the Federal Capital Territory in Jabi.

    Maryam is charged with culpable homicide, punishable by death under Section 221 of the Penal Code Act.  She is accused of causing her husband’s death “by stabbing him on the chest and other parts of the body with a knife and other dangerous weapons, which eventually led to his death.”

     

    Diezani

    On January 6, last year, the Federal High Court in Lagos ordered the forfeiture of $153,310,000 (about N46.6billion) allegedly diverted by a former Petroleum Minister, Mrs Diezani Allison-Madueke.\

    The EFCC said the money was stashed in three banks in Nigeria, namely Access Bank Plc, First Bank Plc and Fidelity Bank Plc. The former minister is said to have connived with the banks’ executives to hide the loot.

    On February 16, the court ordered the final forfeiture of the $153million.

    On August 28, the Federal High Court in Lagos ordered the final forfeiture of N7.6billion allegedly stolen and hidden by Mrs Alison-Madueke. Justice Abdulazeez Anka granted an application by EFCC seeking the money’s final forfeiture to the Federal Government.

    On October 3, Mrs Alison-Madueke asked the court to order the Federal Government to facilitate her return to Nigeria to face trial.

    She asked for an opportunity to defend allegations against her in a charge filed against Belgore and Suleiman.

    On November 1, Justice Aikawa held that the application was “bizarre”, “misconceived” and lacking in merit. He dismissed it.

    On October 11, the Federal High Court in Lagos ordered the final forfeiture of 58 houses belonging to Mrs Alison-Madueke.

    Justice Anka held that the properties should be forfeited since no one came forward to claim or justify ownership after the interim forfeiture order was advertised.

    On December 5, the Federal High Court in Lagos ordered the temporary forfeiture of two penthouses valued at $4.760m allegedly belonging to Mrs Alison-Madueke. The properties are: Penthouse 21, Building 5, Block C, 11th floor (Bella Vista Estate) Banana Island, Ikoyi, and Penthouse 22, Block B (Admiralty Estate) also in Ikoyi, Lagos. Justice Olatoregun ordered that they be forfeited to the Federal Government.

     

    Adegboruwa vs Magu

    Last February 20, human rights lawyer Ebun-Olu Adegboruwa withdrew his suit asking the Federal High Court in Lagos to restrain Mr Ibrahmi Magu from parading himself as the Acting Chairman of the Economic and Financial Crimes Commission (EFCC).

    Adegboruwa’s lawyer, Tayo Oyetibo, SAN, told Justice Mojisola Olatoregun that he had pleaded with the plaintiff to withdraw his suit because, among others, “Magu should be supported in the fight against corrupt practices in the country.”

    Justice Olatoregun consequently struck out the suit.

     

    Adegboruwa’s case

    Justice Oluremi Oguntoyibo of the Federal High Court in Lagos on February 24 withdrew from the trial of activist-lawyer Ebun-Olu Adegboruwa. She said she would return the case file to the Chief Judge for re-assignment to another judge. Justice Oguntoyibo said she was withdrawing from the case for “personal reasons.” EFCC arraigned Adegboruwa for allegedly dealing in a seized property.

     

    2016 corruption index

    Nigeria ranked 136th of 176 countries in the 2016 corruption perception index, according to the Transparency International (TI) report.

    The country ranked 28 in the score, having scored 26 in 2015, 27 in 2014, 25 in 2013 and 27 in 2012.

     

    Lawyers to Supreme Court

    Justice Onnoghen asked the Nigerian Bar Association (NBA) to nominate lawyers for appointment as justices of the Supreme Court.

    NBA recommended nine senior lawyers for appointment as Supreme Court justices, 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.

     

    Ex-JTF commander

    EFCC on February 3 re-arraigned former Commander of the Joint Task Force, Operation Pulo Shield Maj. Gen. Emmanuel Atewe for alleged N8.5billion fraud. Atewe was charged along with former Nigerian Maritime Administration and Safety Agency (NIMASA) Director-General Patrick Akpobolokemi.

    The prosecution, which also named Kime Engozu and Josephine Otuga in the charge, said NIMASA, under Akpobolokemi, approved billions of naira to several military personnel, who were purportedly engaged to patrol the creeks to prevent pipeline vandalism and illegal bunkering. The funds, EFCC said, were allegedly diverted to private accounts through fraudulent means.

     

    Ozekhome’s account

    The Federal High Court in Lagos on February 7 ordered a temporary forfeiture of N75million found in the account of an activist-lawyer Chief Mike Ozekhome (SAN). On April 3, the court defreezed the account. EFCC said it froze Ozekhome’s GTBank account because the N75million Fayose paid him was suspected to be proceed of crime.

     

    Belgore, Suleiman

    The EFCC on February 8 arraigned a Senior Advocate of Nigeria (SAN) Mohammed Dele Belgore at the Federal High Court in Lagos for alleged money laundering. He was arraigned along with a former minister of National Planning Prof Abubakar Suleiman before Justice Mohammed Aikawa on a five-count charge.

    EFCC accused them of conspiring to directly take possession of the N450million, which they reasonably ought to have known forms part of the proceeds of an unlawful act. They pleaded not guilty.

     

    Ex-NIMASA D-G

    The Federal High Court in Lagos on February 21 dismissed a no-case submission made by former Nigerian Maritime Administration and Safety Agency (NIMASA) acting Director-General Calistus Obi. Justice Mojisola Olatoregun ordered him to open his defence.

    EFCC arraigned Obi on eight counts of converting N378,810,000 from NIMASA.

     

    Obanikoro vs EFCC

    Senator Musiliu Obanikoro and his family on February 22 sued EFCC at the Federal High Court in Lagos over the seizure and detention of their property. They sought a declaration that the forceful seizure of their personal effects constitutes a gross violation of their rights.

     

    Ex-NAMA MD

    On March 10, the Federal High Court in Lagos ordered the temporary forfeiture of N3.5bilion and $67,586.27 in the accounts of former Nigerian Airspace Management Agency (NAMA) Managing Director Ibrahim Abdulsalam and other officers. The others are former NAMA General Manager, Procurement, Olumuyiwa Adegorite, former General Manager, Finance, Segun Agbolad and former acting General Manager, Information and Communication Technology (ICT) Bolaniran Akinribido.

    The rest are Director of Finance Clara Aliche, Adegorite’s wife co-director of Multeng Travels and Tours Ltd, Joy, Abiodun Sessebor, Randville Investment Ltd, Multeng Travels and Tours, Delosa Ltd, Airsea Delivery Ltd and Sea Schedule Systems Ltd.

     

    Sagay vs Senate

    Presidential Advisory Committee Against Corruption (PACAC) chairman Prof Itse Sagay (SAN) had a running battle with the Senate in 2017. He said the Senate lacks the authority to summon him, being a private citizen. Sagay said the lawmakers were embarking on a “futile” exercise that could have “embarrassing consequences” by asking him to appear before them.

     

    INEC officials

    On April 5, the EFCC arraigned three Independent National Electoral Commission (INEC) officials for allegedly receiving bribes from former Petroleum Minister Mrs Diezani Alison-Madueke to compromise results of the 2015 general elections. Christian Nwosu, Yisa Adedoyin and Tijani Bashir were arraigned before Justice Mohammed Idris of the Federal High Court in Lagos. They allegedly collected N264.88million bribe on March 27, 2015 from the minister ahead of the election.

     

    Ex-Naval chief

    The Federal High Court in Lagos on April 6 ordered the forfeiture of N1.8billion recovered from a former Chief of Naval Staff, Dele Ezeoba. Justice Muslim Hasan ruled on EFCC’s application praying for a permanent forfeiture N1,825,000,000 allegedly diverted fraudulently by Ezeoba.

     

    Patience Jonathan’s account

    The Federal High Court in Lagos on April 6 de-freezed a bank account belonging to wife of former President Goodluck Jonathan, Patience with over $5,842,316.66 (about N1.7billion) lodged in it. Justice Mojisola Olatoregun-Ishola defreezed the account  based on an application filed and argued by Mrs Jonathan’s lawyer, Mr. Adedayo Adedipe (SAN), said his client was not a party to the suit.

    On November 14, the Federal High Court in Lagos granted an order temporarily freezing N350million allegedly traced to Mrs Jonathan. The money is in an account domiciled in Stanbic IBTC, EFCC said. Justice Hadiza Rabiu-Shagari granted EFCC’s ex-parte application filed by its lawyer Mr Rotimi Oyedepo.

     

    NBA leadership’s sack

    The Nigerian Bar Association (NBA) leadership on April 12 claimed it was not in contempt of court by refusing to vacate office following a Federal High Court judgment nullifying the associations constitution. Justice John Tsoho declared the association’s 2015 amended constitution illegal for non-compliance with the Companies and Allied Matters Act (CAMA) and for not being registered with the Corporate Affairs Commission (CAC). The judge granted the plaintiff’s reliefs, including an injunction restraining NBA and its officers from conducting the association’s affairs on the basis of the constitution.

     

    N449m found in Lagos shop

    Justice Rilawan Aikawa of the Federal High Court in Lagos on April 19, ordered the temporary forfeiture of N449,750,000 found in an abandoned Bureau de Change shop on Victoria Island in Lagos.

     

    INEC staff convicted

    On May 3, the Federal High Court in Lagos convicted an INEC staff for allegedly accepting over N70million bribe from former Petroleum Minister Mrs Diezani Alison-Madueke to rig the 2015 general election results. Justice Mohammed Idris convicted Yisa Adedoyin for receiving cash payment of N70,050,000.00 after he pleaded guilty to an amended charge.

     

    NIMASA D-G Omatseye’s acquittal

    On May 11, the Court of Appeal, Lagos Division, overturned the five-year conviction of a former NIMASA Director-General, Temisan Raymond Omatseye, for an alleged N1.5billion contract scam. The court set aside the May 20, 2016 judgment of Justice Rita Ofili-Ajumogobia which convicted Omatseye on a 27- count charge bordering on bid rigging and contract splitting.

     

    Fani-Kayode re-arraigned

    The EFCC on May 15 re-arraigned former ministers of Aviation and Finance, Chief Femi Fani-Kayode and Senator Nenadi Usman for alleged N4.6billion fraud. They pleaded not guilty to the 17-count charge of laundering.

    The defendants were first arraigned on June 28, 2016 before Justice Muslim Hassan. But, on March 16, he recused himself from the case after Fani-Kayode accused him of likely bias.

     

    Ifeanyi Ubah’s arrest

    The Federal High Court in Lagos on May 25 ordered the Department of State Services (DSS) to charge Capital Oil and Gas Ltd Managing Director Dr Ifeanyi Ubah within 48 hours or release him unconditionally. Justice Idris held that Ubah’s detention without charge violated his rights. He knocked the DSS counsel for lying on oath in a bid to justify Ubah’s illegal detention. The Service arrested Ubah on May 6 over alleged “economic sabotage” and “illegal sale of petroleum products stored in his tank farm by the Nigeria National Petroleum Corporation (NNPC”.

     

     

    Surety jailed

    The Federal High Court in Lagos on June 13 sent  Ibikunle Olusakin to seven years imprisonment for presenting forged documents to the court when he acted as surety for a suspect.

     

    Tompolo’s suit

    The Federal High Court in Lagos on July 5 dismissed a suit by a former Niger Delta militant leader, Government Ekpemupolo (aka Tompolo), who was declared wanted on February 12, 2016. He was charged with an alleged N45.9 billion fraud. He sought an order “nullifying, voiding, striking down and expunging sections 221 and 306 from the Administration of Criminal Justice Act 2015 to the extent of their inconsistency with the 1999 Constitution.” Through his lawyer Ebun-Olu Adegboruwa, he said the sections were unconstitutional because they prevent a court from entertaining any objection to a criminal charge or an application for stay of proceedings pending appeal.

     

    Senator’s 12-storey building

    The Federal High Court in Lagos on October 4 dismissed an application by Senator Peter Nwaoboshi to release his seized 12-storey building. He represents Delta North Senatorial District.

    He prayed the court to discharge an interim order made by Justice Anka forfeiting the property.

    EFCC accused the Senator of defrauding Delta State of N1.5billion and laundering part of it through a company, Suiming Nigeria Ltd and that he acquired the property with part of the money. Justice Anka held there was no abuse by the commission in “attaching” the property.

     

    Agbakoba sues Fed Govt

    In October, Dr Agbakoba sued the Federal Government over alleged violation of the Federal Character principle in the composition of the Nigerian National Petroleum Corporation (NNPC) board. He said none of the persons appointed to fill the nine positions were from the states that make up the Southeast geo-political zone. According to Agbakoba, more than one person were appointed from other geo-political zones in violation of the constitution.  Members of the board include Dr Tajuddeen Umar (Northeast), Dr. Maikanti Baru (Northeast), Mr. Abba Kyari (Northeast), Mr. Mahmoud Isa-Dutse (North Central), Mallam Mohammed Lawal and Mallam Yusuf Lawal (both Northerners). Others are Dr. Emmanuel Ibe Kachikwu (South-South), Dr. Thomas M.A John (South-South), and  Dr. Pius O. Akinyelure (South-West).

     

    Paris/London Club loan

    The Federal High Court in Lagos on October 13 ordered the temporary forfeiture of N1.4bilion, being part of Paris/London Club loan, to the Federal Government. EFCC said N1,442,384,857.84 was fraudulently obtained from the states through the Nigerian Governors Forum (NGF).

     

    Osborne Tower’s Flat N7b

    On  November 9, EFCC accused former National Intelligence Agency (NIA) Director-General Ayodele Oke of fraudulently converting the agency’s funds. It alleged that Oke’s wife, Folasade, used part of the funds to buy Flat 7B in Osborne Towers on 16 Osborne Road, Ikoyi, where large sums of foreign and local currencies were recovered. The Federal High Court in Lagos ordered the flat’s temporary forfeiture to the Federal Government. It was later forfeited permanently.

     

    Nnamani’s arrest

    On December 4, the Federal High Court in Lagos ordered the arrest of former Enugu State Governor Dr Chimaroke Nnamani. Justice Chuka Obiozor issued a bench warrant for his arrest after Nnamani failed to turn up for his re-arraignment.

    EFCC first arraigned Nnamani 11 years ago on 105 counts of alleged money laundering and economic crimes involving about N4.5billion state funds.

     

    Lagos director’s ‘N28m’

    The Federal High Court in Lagos on December 7 ordered the temporary forfeiture of N28.5million allegedly stolen by a Director of Accounts in the Lagos State Public Works Corporation (LSPWC) Mr Anifowoshe Muhammed Jamiu Alade. EFCC said the sum recovered from him “is reasonably suspected to be proceeds of unlawful activity to wit: stealing.” Justice Aikawa ordered the interim forfeiture to the Federal Government of properties recovered from Alade.

     

    Fanta/Sprite Vitamin C controversy

    Last March, a Lagos High Court ordered the Nigerian Bottling Company (NBC) to place written warnings on Fanta and Sprite bottles against drinking them with ascorbic acid, commonly known as Vitamin C.

    Justice Adedayo Oyebanji awarded costs of N2million against the National Agency for Food and Drug Administration and Control (NAFDAC) for failing to ensure health standards.

    The court held that high levels of benzoic acid and sunset additives in the popular soft drinks could pose a health risk to consumers when mixed with vitamin C.

    The NBC, which insisted its products are safe, has appealed the ruling.

     

    Cynthia Osukogu’s killers

    A Lagos State High Court in Igbosere on March 23 convicted Okwumo Nwabufo and Olisaeloka Ezike who were charged with the murder of a postgraduate student of Nasarawa State University, Cynthia Osokogu.

    The judge, Justice Olabisi Akinlade, ordered that Nwabufo and Ezike be hung by the neck until they are dead.

    Osokogu, then 25 years old, was lured from Abuja to Lagos on July 21, 2012 by Nwabufo, who she met and befriended on Facebook.

    The men assaulted before killing her.

     

    Justice Nganjiwa’s corruption charge quashed

    On December 11, the Court of Appeal, Lagos Division, struck out the criminal charge filed by the EFCC against a judge of the Federal High Court, Justice Hyeladzira Nganjiwa.

    The EFCC arraigned the judge for allegedly receiving a total of $260,000 and N8.65m gratification to enrich himself as a public official.

    His trial began last June 23 before Justice Adedayo Akintoye of the Lagos State High Court in Igbosere.

    On November 22, the judge excused herself from the trial following a petition written against her by Nganjiwa, alleging the possibility of bias.

    However, following an appeal by his lawyer, Chief Robert Clark (SAN), the appellate court struck out the charge.

    The court agreed with Clarke that a judge could not be prosecuted until such judge had either been dismissed or compulsorily retired by the National Judicial Council.

     

    Rickey Tarfa

    EFCC on December 12 opposed a no-case submission filed by a Senior Advocate of Nigeria (SAN), Rickey Tarfa.

    The anti-graft agency arraigned Tarfa on March 10, 2016, on a 27-count charge which was amended to 26 counts.

    It was also alleged, among others, that Tarfa offered N5.3million gratification to Justice Hyeladzira Nganjiwa of the Federal High Court, Lagos, in order to compromise the judge.

    The trial began in March 2016 before Justice Adedayo Akintoye of the Lagos State High Court, Igbosere.

     

    Lagos, Federal High Court get new Chief Judges

    On October 20, Governor Akinwunmi Ambode swore in Justice Opeyemi  Oke as the 16th Chief Judge of Lagos. She succeeded Justice Olufunmilayo Atilade who attained the mandatory retirement age on Sunday September 24, 2017.

    Justice Oke joined the Lagos State Judiciary as a Senior Magistrate in 1986, rising to Chief Magistrate Grade 1 in1996. She was also a Deputy Chief Registrar of the High Court of Lagos State between 1993 and 1994. She was appointed Judge of High Court of Lagos State on July 19, 1996.

    On September 16, Justice Onnoghen swore-in Justice Abdu Kafarati as the Acting Chief Judge of the Federal High Court. He succeeded Justice Ibrahim Auta.

     

    Justice Ofili-Ajumogobia’s trial

    The trial of a federal high court judge, Justice Rita Ofili-Ajumogobia, which began  in November 2016, continued to make headlines in 2017. EFCC arraigned her and Chief Godwin Obla (SAN) for alleged bribery and conspiracy to pervert the course of justice.

     

    Evans

    The Lagos State government on August 30 arraigned suspected billionaire kidnapper,  Chukwudumeme Onwuamadike, a.k.a. Evans, before Justice Hakeem Oshodi of an Ikeja High Court for alleged kidnapping of one Dunu Donatus.

    Evans was arraigned alongside five other suspected members of his gang which included a woman, Ogechi Uchechukwu.

    The defendants were on October 19 re-arraigned on a two-count amended charge bordering on conspiracy and kidnapping.

    Evans is also facing two other kidnapping charges before Justice Oluwatoyin Taiwo of the Lagos State High Court, Igbosere.

    A fourth arraignment on a similar charge before Justice Adedayo Akintoye stalled following objections by Evans’ lawyer, Olukoya Ogungbeje.

     

    West Africa’s first DNA centre

    The commissioning of the “first state-owned DNA Forensic Centre in West Africa” by Lagos State Government coupled with the formal adoption of plea bargain by the state were another land mark events that shaped 2017.

    Governor Akinwunmi Ambode, who opened the facility, said it would go a long way in resolving crimes, paternity issues and others through technology which is the modern trend across the world.

    The facility provides crime scene processing; serological screening for blood and semen; DNA analysis of bone, teeth and hair; maternal and paternal relationship DNA analysis; expert witness and case handling services; paternal and maternal ancestry DNA analysis; cold case file review and mass disaster human identification.

  • ‘Judiciary needs committed leadership to thrive’

    ‘Judiciary needs committed leadership to thrive’

    The challenges facing the Judiciary are not insurmountable. Speakers at the 10th Annual Business Luncheon (ABL) of SPA Ajibade & Co. said through a committed leadership, things can get better. JOSEPH JIBUEZE reports.

    Chief Judge of Lagos, Justice Opeyemi Oke, has blamed lawyers for encouraging corruption in the judiciary.

    He said lawyers close their eyes to acts of corruption rather than reporting culprits to the appropriate authorities for sanctions.

    She spoke at the 10th Annual Business Luncheon (ABL) of SPA Ajibade & Co, with the theme:  Commitment to Leadership.

    Justice Oke, who co-chaired the event, emphasised the need for partnership between lawyers and the judiciary.

    She also highlighted strides the judiciary is making in Lagos state under her stewardship in stamping out ineptitude and misconduct amongst its staff.

    The CJ blamed the Nigerian Bar Association (NBA) for not doing enough to stamp out corruption in the judiciary.

    “The leadership of the NBA really needs to sit up because most of the problem that we are having in the judiciary, in respect of performance and so on, the root or the foundation of the vices actually are implanted by the members of the Bar.

    “It is the members of the Bar that come to the court environment to conduct their businesses and also tempt our workers especially those in the administrative cadre.

    “I cannot imagine why a lawyer who knows his right from his left will want to give a sort of brown envelope or some gratification to a registrar of the court so that they can take your file for assignment.

    “It’s high time that members of the Bar looked inwards and try to raise the standard of discipline among the members of the Bar,” she said.

    Justice Oke said it was regrettable that the Nigerian culture of showing appreciation had been bastardised among court workers, who now demanded gratification to do their job.

    She reiterated her commitment to sanitising the judiciary and solicited lawyers’ support.

    The luncheon, which held last December 14 at the Metropolitan Club in Victoria Island,  focused on the need to improve the legal industry and the administration of justice .

    In addition to celebrating a decade of the concurrent run of the ABL, the firm held a tripartite celebration to mark its 50th anniversary, and the launch of its first published book titled: A Review of Contemporary Legal Trends in Nigerian Law, which was authored by associates and partners in the Firm.

    The book, published by LexisNexis, provides up-to-date advisory information on recent laws, regulations and policies as well as analyses of contemporary developments to the various legal sectors that would be of interest to foreign investors and local practitioners.

    The first co-chair, former Supreme Court Justice Emmanuel Ayoola, spoke on ways in which legal practitioners can uphold leadership in their capacity as lawyers to ensure the continued prestige and respect of the legal profession.

    He expressed regrets that 90 per cent of the appeals going before the Supreme Court nowadays are on technicalities rather than substantive issues of law.

    This trend, he said, was a proof that the country’s jurisprudence is on a progressive decline.

    “When you get to the Court of Appeal, when you get to the Supreme Court and when you look at the index of the law reports, you’d find that 90 per cent of reported cases coming before our highest court are all about technicalities and procedure, nothing, absolutely nothing about substantive law.

    “The judges are not to blame, because it is what the lawyers put forward that the judges will consider.

    “The Nigerian Bar must be resourceful and dynamic. Jurisprudence must be nurtured and developed. The dearth of legal textbooks must be removed.

    “We must rebuild the legal profession if legal contemporary trends are to be the father of future legal trends. We must begin to put higher values on legal learning. We must be bold and daring enough to strengthen, assist and encourage younger lawyers in every form.”

    The firm’s Managing Partner, Dr. Babatunde Ajibade (SAN) reflected on its journey through the years and discussed ground-breaking plans for the future, which includes fostering a partnership with the judiciary and recommending ways to improve efficiency.

    He assured the “reformist Chief Judge” that she had a ready partner in the law firm in her quest to maintain the highest standard of ethics and discipline in the judiciary.

    The firm’s founder, Chief Simon Peter Ajibade (SAN), relived how the firm was established and reflected on the changes that have occurred in the legal profession over the years.

    He said he was impressed with what the firm he started in 1957, seven years after being called to the Bar, had become.

    Ajibade, a former Attorney-General of the Western State, recalled with nolstagia his early practice days in Ibadan with Justice Ayoola and his brother.

     

    Partners’ recommendations

    Three partners in the firm highlighted significant topics in their areas of practice and the role SPA Ajibade & Co is playing to support desired improvements in the legal industry.

    Partner and Head of the Intellectual Property Department, Mr. John Chike Onyido, addressed the legislative and adjudicatory shortcomings regarding intellectual property litigation in Nigeria.

    For example, in the area of Copyright Law, he contended that the locus of foreign copyright owners to institute actions for infringement before the Courts merited review and clear interpretation of Section 41 of the Copyright Act.

    The section, he noted, empowers the Minister to certify by means of an official gazette particular countries who are signatories to international treaties/conventions along with Nigeria, and who accord reciprocal protection to works by Nigerian authors first published in Nigeria.

    He added that loopholes in the Act have been exploited by some to escape liability for copyright infringement instituted by foreign authors.

    He also discussed the Court of Appeal’s decision in the case of Microsoft Inc. v. Franike Enterprises Ltd..

    He argued that the decision was issued per incuriam (through or characterised by lack of due regard to the law or the facts) in view of the fact that the Copyright (Reciprocal Extension) Order 1972 actually listed the appellant’s country of residence as one of the countries whose authors are eligible for copyright protection in Nigeria.

    He pointed out that the Federal High Court’s jurisdiction to entertain intellectual property matters under the 1999 Constitution and the Federal High Court Act were less than optimal.

    According to Onyido, they require further amendments to broaden their scope and reach to accommodate the protection of trade secrets and commercially sensitive information.

    Partner and Head of Real Estate and Succession Department, Mr. Olayimika Olasewere, discussed issues encountered by practitioners and their clients in dealing with the Probate Registry.

    He suggested how the whole process could be simplified by redesigning the Probate Forms and Letters of Administration Forms to ease confusion and difficulties in the filing process.

    The firm, he said, had taken the initiative to design a set of forms, proposed as templates for the official form for grants of probate and letters of administration in Lagos State.

    The forms, he said, are simple to use, structured and organised with the purpose of aiding both the applicants and the probate staff to provide, understand and put to use, the necessary information.

    The improved forms may be made available in electronic format on the court’s website for ease of access, he said.

    A litigation partner in the firm, Mr. Kolawole Mayomi, presented three proposals and recommendations for improving the speed and efficiency of commercial dispute resolution practices in Nigeria.

    These are: an amendment Section 286 of the 1999 Constitution to abolish the right of appeal from jurisdictional challenges between the Federal and State High Court; and block-time scheduling of trials, based on counsel and the court’s assessment of how long a case may take, as a panacea to the frustration experienced in the frequent and often long adjournment of cases.

    “This approach will help build up a proper costs practice in Nigeria, rather than the present nominal costs approach, particularly where a long-scheduled matter is sought to be peremptorily truncated by a flippant application for adjournment on the morning of the hearing,” Mayomi said.

    Another recommendation he made is the deliberate placing of arbitration-related matters and applications on judicial fact-track order to enhance Nigerian’s standing as a viable seat of arbitration.

  • Firm gets presidential award

    Firm gets presidential award

    A law firm, Perchstone & Graeys, has won the first Presidential Enabling Business Environment Council (PEBEC) Impact Award.

    The award was presented to the law firm by Vice President Yemi Osinbajo (SAN) and House of Representatives Speaker Yakubu Dogara.

    The ceremony took place during the first anniversary of PEBEC’s inauguration.

    It was received by the firm’s Managing Partner Mr. Osaro Eghobamien (SAN).

    The award is in recognition of its  role in achieving PEBEC’s objectives.

    As a result, the country was elevated  by 24 points in the World Bank’s Comparative Analysis of the ease of doing business.

    The award was also in recognition of the firm’s contributions and commitment to the 2016-2017 World Bank Ease of Doing Business Reforms.

    By the recent ranking, Nigeria now holds the 145th position out of the 190 countries on the global ease of doing business rankings – compared to the 169th position which the country occupied in last year’s report.

    Nigeria also features as one of the ten economies showing the most notable improvement in doing business for 2018.

    Perchstone & Graeys, as a leading commercial law firm  has been involved in initiatives to assist in the ease of doing business and to attract foreign direct investment.

    The firm’s notable contributions include reforms to the “Getting Credit Indicator”, which resulted in Nigeria being placed at the sixth position in the world on the Getting Credit indicator.

    Highlights of the reforms include the signing into law of the “Secured Transactions in Movable Assets Act 2017” and the “Credit Reporting Act 2017”, as well as the developments in the National Collateral Registry, and the Credit Bureaus.

    Perchstone & Graeys worked extensively for close to eight years, on “The Secured Transaction on Moveable Assets Collateral Registry Act”.

    The Act creates a framework that establishes and maintains a centralized collateral registry, where records of transactions and moveable assets, offered as security for said transactions, are electronically recorded.

    The Act principally enables small and medium sized industries to access credit using any asset other than land, including asset receivables, with capacity to enhance GDP .

    The Banks have direct access to the Collateral Registry from any of their offices anywhere in the world, giving them the unique opportunity to trace any asset offered as security.

    With this recognition from the Presidency, the firm has restated its commitment to continue to play a leading role in shaping policy towards a more robust business climate in Nigeria.

  • Activists advocate stiffer penalties for sexual offenders

    Activists advocate stiffer penalties for sexual offenders

    Gender rights activists have called for more severe punishment for sexual offenders to serve as a deterrent to others.

    According to them, there was a high prevalence of domestic and sexual offences, many of which are not reported due to socio-cultural and religious reasons.

    Reducing the menace, they said, would require the collective effort of the government, healthcare providers, educational institutions, faith-based organisations, traditional authorities, the judiciary, civil society groups, the family, youth movements, mass media, and other stakeholders.

    They made the call in a communiqué issued at the end of a summit at the American Corner in Abuja to mark the International Day for the Elimination of Violence Against Women.

    The United Nations set aside every November 25 to raise awareness on the need to eliminate violence against women and to stimulate positive actions towards women emancipation.

    The Gender Advocacy for Justice Initiative (GAJI), Youth for Transparency international, Gyunka New Hope Foundation, Auxano Foundation for Empowerment and Development (AFED) and the Help Keep Clean Foundation were represented at the summit.

    The communique was signed on the groups’ behalf by GAJI’s representative, Miss Janet Gbam, who is the Principal Partner of Fortitude Attorneys.

    The groups said despite the existence of several domestic and international legislations against violence against women and girls, there were still high incidences of abuses.

    They identified a strong link between early/child marriage and domestic violence, as underage girls exposed to early marriage are prone to sexual, emotional and physical abuses.

    The groups expressed optimism that the law enforcement agencies and all relevant authorities/stakeholders would prioritise the elimination of violence against women.

    They urged the Federal and State Ministries of Education to initiate and implement policies to check teachers and lecturers who interact with students (especially females) and to strictly discourage “incongruous conducts”.

    They want schools to be better secured to reduce the exposure of girls to risks of abuse, for girls to be taught self-confidence to make them less vulnerable, and for background checks to be conducted on teachers before employing them, and while in service.

    The groups urged law enforcement agencies, such as the National Agency for the Prohibition of Trafficking in Persons (NAPTIP) and the Police, to step up the prosecution of perpetrators and in sensitising the public.

    “All states in Nigeria should speedily domesticate the Violence Against Persons (Prohibition) Act 2015 in their respective jurisdictions and/or make relevant legislations to that effect, just as Lagos State and some other states have done.

    “Judicial officers should award stiff sentences to offenders to act as a deterrent to others. The media should accord wide publicity to convicted violators of women’s rights and give adequate time to the reporting of such vices, to discourage the crime,” they said.

    The NGOs urged religious and traditional leaders to step up awareness on the consequences of early sexual exposure and to orientate men to take responsibility for protecting the females around them.

    They called for a review of cultures and traditions that discriminate against women, adding that underprivileged females should be financially empowered to make them less vulnerable.

    The National Orientation Agency (NOA), the National Youth Service Corps (NYSC), ministries of women affairs and relevant authorities were urged to create more awareness on existing laws and reporting procedures and to ensure that reported cases are not treated with levity.

  • Nganjiwa: Implications of Court of Appeal judgment, by Falana

    Nganjiwa: Implications of Court of Appeal judgment, by Falana

    Activist lawyer Mr Femi Falana (SAN) writes that the Court of Appeal judgment in the appeal filed by Justice Hyeladzira Nganjiwa could have “far-reaching implications”, if allowed to stand.

    I am unable to persuade myself to share the views of some learned colleagues who have argued that the judgment delivered on Tuesday, December 12, 2017 by the Lagos Judicial Division of the Court of Appeal in the case of the Honourable Justice Hyeldzira Ajiya Ngangiwa v Federal Republic of Nigeria (Appeal No CA/L/969c/2017) has clothed Nigerian judges with immunity. It is indisputable that the sole legal issue decided by the Court is that a serving judicial officer cannot be charged with a criminal offence in any court by any prosecution agency unless and until he/she has been subjected to the disciplinary jurisdiction of the National Judicial Council.

    The Hon Justice Abimbola Obaseki-Adejumo who read the leading judgment of the Court and her learned brothers who concurred with her Ladyship are not unaware of the case of Fawehinmi v Inspector-General of Police (2002) NWLR (PT 767) 606 wherein the Supreme Court held that notwithstanding the immunity conferred on the President and state governors they can be investigated even though they cannot be charged with any criminal offence until the expiration of their term of office.

    The Court of Appeal has not said that judges cannot be investigated by the anti graft agencies. On the contrary, the Court conceded that judges can be investigated but that the report of any criminal investigation indicting them should be turned over to the National Judicial Council which will deal with it as a complaint of misconduct and possibly recommend the removal and prosecution of such judges to the appointing authorities before they can be arraigned in court. Realising that the judgment might be misunderstood or misinterpreted the Court made it abundantly clear that “no judicial officers is covered by immunity from prosecution under the Constitution as the Constitution only grants the powers to discipline judicial officers for official misconduct to the NJC.”

    Having read and digested the landmark judgment which has generated an interesting debate in legal circles I have come to the irresistible conclusion that it was a protest judicial decision against the special treatment being accorded to certain personalities and criminal suspects by the Buhari administration in the prosecution of the war against corruption. Hence the Court did not cite any decided case in Nigeria or any other common law country.

    In fact, their Ladyship and Lordships said, ex abundanti cautela, that the judgment had taken judicial notice of the decision of the President of the Republic to set up a panel of inquiry to probe a former Secretary to the Government of the Federation and a former Director-General of the National Intelligence Agency. As far as the Court is concerned, indicted judges deserve to be treated, in like manner, before they can be properly prosecuted in a court of law.

    It is however doubtful if the Court of Appeal was aware of the fact that the Economic and Financial Crimes Commission (EFCC) had reported the judges on trial to the National Judicial Council which had endorsed the prosecution and placed the judges on suspension pending the conclusion of their trial. The position of the NJC cannot be faulted in the circumstance because the Supreme Court has ruled in the cases of Garba v University of Maiduguri 1986) 2 NWLR (Pt 18) 559 and Federal Civil Service Commission v Laoye (1989) All N.L.R 350, that administrative bodies lack the vires to determine the civil rights and obligations of any person accused of committing a criminal offence in Nigeria.

    Regrettably, our colleagues who have been celebrating the landmark judgment have not considered the fact that it has exposed our judges to greater danger. For instance, the criminal case filed against of one of the judges arrested by the Department of State Security (DSS) last year was dismissed by the trial court in his favour. Consequently, the judge was reinstated and was allowed to resume duty in his court.

    He has just been recommended for compulsory retirement by the NJC following another case of misconduct. But assuming that the President had dismissed the judge based on the recommendation of the NJC which might have found him guilty of the allegation of corrupt practices levelled against him by the DSS he would not have been reinstated since the dismissal would have been premised on the civil offence of misconduct. It is common knowledge that the age long practice of interdicting public officers on trial pending the conclusion of criminal cases pending against them is to prevent a situation whereby they are removed from the public service on account of criminal allegations that have not gone through the crucible of cross examination. But once they are discharged and acquitted they are reinstated with all the rights and privileges.

    Therefore, by asking that judges be disciplined by the NJC before they are prosecuted the Court of Appeal has made it impossible to reinstate such judicial officers even if they are eventually discharged and acquitted. With respect, such unintended consequence of the judgment has made a mockery of judicial independence and further exposed our judges to danger.

    However, since the judgment has seriously questioned the inconsistency of the federal government in the prosecution of the war on corruption the Court of Appeal has equally challenged our judges to apply the law to all citizens without fear or favour. Out of ingenuity some lawyers are going to invoke the constitutional right of equality of all citizens before the law to challenge the validity of the criminal cases pending against some civil servants on the grounds that the administrative jurisdiction of the Federal Public Service Commission has not been invoked against them. More so, that the NJC, the Federal Civil Service Commission and other executive bodies have been created by section 158 of the Constitution of the Federal Republic of Nigeria 1999 as amended.

    Even professionals in the private sector who are standing trial for corruption will rely on the judgment of the Court of Appeal and insist on going through administrative procedure before they can be prosecuted in any court. For instance, a medical doctor who is charged with murder in a state high court for killing a patient in a hospital due to criminal negligence may challenge the case on the grounds that the Medical and Dental Practitioners Tribunal has not been given the opportunity to try the allegation of professional misconduct which informed the criminal prosecution. If such preliminary objections are filed the trial courts may have no choice than to uphold them as they are bound to follow the judgment of the Court of Appeal in the case of the Honourable Justice Hyeldzira Ajiya Ngangiwa v Federal Republic of Nigeria (supra).

    Finally, in view of the foregoing, it is indubitably clear that the judgment has far reaching implications for the judiciary, the anti graft agencies and other law enforcement agencies as well as the Buhari administration which has loudly proclaimed to be fighting a war against corruption and impunity in the country. It is therefore hoped that the EFCC will not hesitate to challenge the controversial judgment of the Court of Appeal at the Supreme Court.

  • ‘Insulate prosecuting agencies from political interference’

    ‘Insulate prosecuting agencies from political interference’

     An address by Nigerian Bar Association (NBA) President Abubakar Mahmoud (SAN) during a visit to President Muhammadu Buhari at Aso Villa

    A few months ago, we had joined many Nigerians to pray for your recovery and good health. We are thankful to the Almighty that those prayers have been answered. I would also like to congratulate you and your family as you celebrate,  your 75th Birthday. We wish you many happy returns of this day, in good health so that  you may continue to enjoy your growing family and also to continue to serve your country and humanity.

    Your Excellency, we cannot on occasions such as this fail to bring up a few matters to your attention. And of course to request that you look into them. The matters I would like to bring up today, on behalf of the Nigerian Bar Association, would center around three broad thematic areas: a. National Security and Governance

     

    The Economy and Welfare of the Citizens

    The Judiciary and the Legal Profession I would therefore like to thank your Excellency in advance, for your patience and the opportunity to speak on these issues. Before I go into these issues, it is perhaps appropriate to say a few words about the Nigerian Bar Association. 5. The NBA  Umbrella professional association of all lawyers in Nigeria.

    We presently have approximately 110,000 members across the country organized in 125 Branches. The NBA is the largest Bar Association in Black Africa, second in Africa perhaps only to the Egyptian Bar. It is easily the most influential Bar Association on the continent.  The NBA as a Self-Regulatory Organization, combines regulatory  responsibilities as well as representational role of its members. Our motto is  Promoting the  of Rule of Law. We speak not only on behalf of our members but also on behalf of ordinary citizens especially on matters of national importance, matters that affect the rule of law in the country or could affect the rights and freedoms of ordinary citizens.  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.

     

    National security and governance 

    On Security  Your Excellency, I want to on behalf of the Bar Association congratulate you and your administration on the giant strides you have made in the area of National Security. A few months before your election, the survival of Nigeria as corporate entity was a matter of debate. Fear and anxiety were pervasive. Today the situation has much improved. We are all more confident about our safety and security. The insurgency in the North-East is now more or less contained. 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 North East Region. In addition to the insurgency, we are aware of the several flash points of conflict:  The situation in the Niger Delta which remains of critical importance, the lingering Biafran agitation in the South East,  the various communal conflicts in Southern Kaduna, the  Plateau, Taraba etc, 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.

    On our part, the NBA has been doing its best to contribute to addressing these issues. Early in October 2016, I set up two Task Forces: the Niger Delta Task Force and the North-East Task Force. These we charged with the responsibility of coordinating our intervention in the two regions with the ultimate aim of promoting peace, reconciliation rehabilitation, and reconstruction in the regions. In the North East 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. We have just been able to secure the support of stitutions; v. The need to secure the investigative and prosecutorial agencies from political interference.

    At the meeting of the National Executive Committee of our Association held in Uyo Akwa Ibom State on  November 23, we noted with concern the seeming dissonance amongst the various agencies of the administration. We were concerned that many agencies appeared to be working at cross purposes. We noted with particular concern the unhealthy relationship between the Economic and Financial Crimes Commission (EFCC) and the Department of State Security (DSS). We also noted the appalling handling of the Pension Fraud and some of the High Profile Suspects by various agencies. We called on Your Excellency to do something urgently to rein in the erring agencies and officials. We felt this was necessary so as not to undermine confidence in the government and promote lawlessness in the country. We will like to reiterate our call on your Excellency on the need to address the seeming dissonance amongst various departments of government. Government needs to be seen to be acting in a coordinated fashion in order to maintain confidence of the citizens.

     

     Economy and Welfare of Citizens 

    Mr. President, we would like to commend you on the efforts and successes you have achieved in promoting good governance, fighting corruption and getting the economy out of recession. 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 Nigerian Bar Association has the requisite expertise amongst 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.

    In August this year we organized one of the most successful conferences not only in the history of the NBA but I dare say it was the most successful of conferences in the country in recent times. The theme of that conference was “African Business, Penetrating through Institution Building”. The theme was carefully chosen to address the twin dilemma of promoting prosperity in our country, and indeed the whole continent, and understanding the constraints that impede that, the most significant of which is institution building. We wanted to draw attention to some of the key challenges of promoting economic growth and development not only of the country but across Africa. The conference attracted a rich international faculty and huge array of participants from the public sector, the business community and of the legal, with nearly 12,000 participants it was the largest conference in the country. Your Excellency, we have developed a Policy Book containing a range of specific recommendations which we would like to, at the end of this meeting, present to you as part of our contribution to improving governances and economic management in the country. 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 youth who are increasingly being frustrated by lack of opportunities.

     

     The judiciary and the legal profession

    The  Nigerian Bar Association, believes that the Judiciary and the legal profession have a pivotal role to play in the national development. A strong and independent judiciary is the bulwark of democracy and the rule of law. We recognize that in recent years, there has been a dwindling confidence both in the Judiciary and the legal profession. The NBA on its part therefore, has made the reform of the legal profession, a top priority in order to rebuild confidence in the legal profession. The judiciary also must regain the confidence of the Nigerian people. The country deserves a more effective, efficient and transparent administration of justice.

    We are therefore working hard to support efforts of the judiciary in this regard and the various reform initiatives currently being pursued by the Chief Justice of Nigeria Justice Walter Samuel Onnoghen  to address issues of integrity in the administration of justice and rebuild confidence. I also want to recognize the effort of the Attorney General and Minister of Justice, Mallam Abubakar Malami (SAN)  in the work he is doing to enhance the administration of justice. Worthy of note is the recently lunched National Justice Policy which seeks to achieve greater synergy and efficiency amongst justice sector institutions. Whilst commending these efforts, the NBA would still proffer some additional suggestions.

    Before I do that however, we cannot fail, particularly since this is the first time we would have the opportunity of meeting your Excellency, to register our strong disapproval with the very strong arm tactics employed back in October 2016 by Security Agencies in trying to address the allegations of corruption in the judiciary. We do not wish to stir any old controversies, but your Excellency Mr. President will appreciate the need to ensure that these ugly events to do not recur. No citizen of Nigeria is above the law, not lawyers not judges. However, nothing must be done to encourage wholesale undermining of the Judiciary as an institution.

    We believe that the investigations of allegations of corruption in the judiciary could be done in line with the tenets of the rule of law and due process and respecting accepted administrative measures and conventions that will protect the institution whilst pursuing corrupt elements within. As we move forward we will like to reiterate: i. Our support for all efforts by your administration to assist the judiciary to rid itself of all elements of corruption in order to enhance public confidence in the administration of justice. ii. Your Excellency, the NBA will like to commend your administration for significantly improving the level of funding of the judiciary. We note the proposed N100 billion in the 2018 Budget proposals will be a significant enhancement over the 2017 Budget. The 2017 Budget of the Judiciary was about N70 billion. This was approximately 1.1 per cent  of the National Budget. The proposed N100 billion is still only about 1.2 per cent of the National Budget. These figures still remain far from the internationally recommended funding ratio vis-à-vis the national budget which should be a minimum of 2.5 per cent of the National Budget. iii. The NBA remains very concerned about what appears to be blatant disobedience of court orders by this administration.

    We are firmly of the view that the strength of any State or Government and indeed any system will be better demonstrated by rigorous adherence to dictates of the rule of the law than by the government itself disobeying the orders of its own courts. Your administration would be sending a strong message to ordinary citizens by directing that ALL agencies especially security agencies to respect and obey orders of court. There are many citizens being held in disobedience to court orders, we urge that your Excellency does something about this. iv. We commend the recent modest efforts by this administration to decongest the nation’s prisons which generally remain overcrowded and in appalling conditions. We are working with the Attorney General’s task Force to support prison decongestion. The Statistics however remain appalling. Out of a prison population of 72, 179 persons, only 23,491 are convicted persons. That is over 67 per cent of persons held in our prisons are persons awaiting trial. Many of the prisons are carrying 3 to 4 times their capacity.

    Whilst efforts must be maintained to scale up prison reforms, we urge the administration to do more to expand and modernize the facilities to make conditions humane and consistent with the objectives of rehabilitation. v. We strongly recommend far reaching reforms to deal with the issues of prisons in Nigeria. There appears no reason why Prisons must remain in exclusive legislative list for instance. We will like to assure Your Excellency that we remain willing and committed to promoting the goals of the administration in building strong institutions and improving the Justice Sector in particular.

    The NBA is working to support Criminal Justice Reforms and has recently secured substantial funds from International partners to work on the improvement and adoption of Administration of Criminal Justice Act across the country. We are collaborating with various agencies generally to support justice sector reforms and access to justice. These include the Legal Aid Council, the National Human Rights Commission and recently also the Office of the Special Adviser to the President on Sustainable Development Goals with whom we have signed an MOU to work on the attainment of the Goal 16 of the UN SDGs.

     

    The legal profession

    I will like to use the remaining few minutes we have with you to give you a brief summary of what we are doing to reform the legal profession as part of our efforts to rebuild public confidence in the profession. Since I became President, I made it a top priority to look at the regulatory framework of the profession. We are determined to advocate for far reaching reforms that will modernize the profession and bring it at par with international standards. This we believe is necessary. Nigeria deserves a modern legal profession that will enjoy not only the confidence of the Nigerian Public but also of the international community. It is critical in our view, to our journey to economic prosperity.

    The Committee I set up in December 2016 has since submitted its report with far reaching recommendations including a draft new law that we hope will replace the Legal Practitioners Act. This law if approved and passed, we hope, will introduce far reaching changes aimed at enhancing legal education, setting better entry standards, continuing professional development and discipline. The law sets out clearly the regulatory objectives and defines more clearly the role of regulatory agencies. 8.7 Y we have in the last several months exposed the draft law alongside the report of the Committee as we are seeking to galvanize support of all stakeholders. We have engaged with various Law Societies and Bar Associations and legal regulators around the world to better understand current trends in regulating the legal profession. Only three weeks ago, I led a team of about 30 Nigerian Lawyers to the UK where we held intensive three days consultations with various agencies involved in the regulation of the Legal Profession in the UK. The report of this mission will be shared with all stakeholders.

    I want to urge your administration to support our efforts to reform the legal profession. A strong modern legal profession is key in our view to building the country’s legal system. Necessary  for peace and development.  Necessary for attracting confidence of all those who seek to do business with Nigeria. If Nigeria must transit to a modern economy and be competitive globally, it must have a respected legal profession and judicial system. This is our objective. Thank you very much your Excellency, for your attention. God Bless the Nigerian Bar Association! God Bless the Federal Republic of Nigeria!!! Abubakar Balarabe Mahmoud ( SAN),  President, Nigerian Bar Association (NBA).

  • A platform for legal scholarship 

    A platform for legal scholarship 

    Title of book: Azinge’s Journal of International and Comparative Law
    No of pages:     267
    No of articles:  6
    Author:  Epiphany Azinge Foundation, 2017
    Reviewer:   Osatohanmwen O.A. Eruaga (Mrs)

    In an era where the world has be come so interlinked that states are influenced by activities of others, avenues for scholarly critique and analysis of comparative and international law can never be too much.

    The maiden edition of Azinge’s Journal of International and Comparative Law, entirely inspired and initiated by an erudite scholar of no mean repute, provided a platform to interrogate legal experiences and practices from various climes.

    Mathias Zechariah and C.B.N. Wuyep provide the first article titled: Applicability of Customary International Law and Treaty Law in Municipal Setting: Nigerian and USA in Comparative Perspectives. The authors, using a doctrinal approach, undertook a comparative study of Nigeria and the United States in respect to the applicability of rules of treaty and customary international law to determine whether, and to what extent the states respect the treaty and customary international law rules that bind them as members of the international community.  The authors showcased their in-depth knowledge by considering first the nature of the relationship between municipal and international law. This is followed by an analysis of the law and practice in the selected states. The authors found that both countries in trying to strike a balance between their respective sovereign rights and international obligations, constantly practised subjected international law to their municipal law. They recommended that rather than pay lip service to responsibilities undertaken in international law and undermine its effectiveness, the states should clearly define the place of international law in their legal system.

    Kamal Alhaji Dawud’s‘ Comparative Analysis of the Models of Selected Federal Government’, which is the second article in the journal examined common characteristics of countries that are identified as federations. Conducting a comparative analysis of seven states, including Nigeria, he argued that there is no single general mode of a federal system. For him, federalism is an on-going process of constantly finding a new equilibrium between the centre and its member states or sub-units. However, based on the common features that are globally recognised, the author recommended a combination of what is obtainable under the Swiss and American federal systems for Nigeria.

    In the third article, Sunday Bontour Lugard addressed The Emerging Global Rights-based Approach to Environmental Protection. The article, which is straight forward, first examined the current tort regime for environmental protection in Nigeria.  He identified that the tort regime comes with numerous challenges, which makes it largely inadequate. Following a comparative analysis of environmental protection regimes under international law, regional treaties and in other climes, the author argued that the adoption of the rights based approach represented the prevailing global trend. As such, the author recommended adopting same in Nigeria.

    Nkiruka Chidia Maduekwe carefully scrutinised the viability or otherwise of utilising environmental mediation to achieve conflict resolution in the Nigerian petroleum industry in the fourth article titled: Ensuring Energy Security in the Nigerian Petroleum Sector: Is Environmental Mediation a viable tool? The article before discussing environmental mediation as a tool for conflict resolution generally, explained the meaning as well as importance of energy security and stability. The article further examined the scope of the Niger Delta Conflict and how it influenced energy security and stability in Nigeria so as to highlight the need for tool that would ensure sustained resolution of conflict.

    She made a link between environmental mediation as a tool for conflict resolution of environmental disputes in Nigeria when she stated that parties are empowered to take responsibility for resolving the dispute, which means that the outcome is owned by the parties. The author found that if all stakeholders in the incessant conflicts present their interest with the aim of creating a solution to the conflict, energy security and stability will be achieved in the Nigerian petroleum industry.

    The freedom to access information has become a front burner issue in Nigeria in recent times, as individuals, non-governmental organisations and public institutions function within the milieu that the Freedom of Information Act creates. Emmanuella Ngozi Maduka dealt with the subject matter of access to information in the fifth article titled: The Freedom of Information Act and Sectorial Responsibilities: An Appraisal. In reviewing the obligations placed on public institutions, which she termed sectorial responsibilities, the author highlighted logistic and practical challenges impeeding the effective implementation of freedom of information by public institutions in Nigeria. She maintained that a viable freedom of information culture in Nigeria would only be viable if the logistic and practical challenges, which she highlighted were reviewed to reflect the unique circumstances that public institutions in Nigeria face.

    The last, but certainly by no means the least, in the display of legal scholarship is the article written by Mahmud Kayode Adebayo titled: “Rape as an International Weapon of War: The Human Rights Approach in Nigeria and Some selected Jurisdictions”. In this article, the writer scrutinised the function of rape as a tool in modern warfare, noting that the idea of rape as a weapon of warfare has a distinctly feminist heritage. The author identified that the reason the gruesome act has assumed the status of a warfare instrument was unclear. However, he went on to isolate several reasons that were averse to tackling rape as a weapon of war. He identified that the effect of rape as a weapon of war has long lasting scars on the individual, families and the community. He suggested, specifically among, his numerous recommendations that rape, which occurs in war should be rephrased as an offence against humanity.

     

    Comments

     The book is neatly clothed in a blue cover, with the title written in white coloured ink. The 267-page book is divided into six articles, written by individual writers. Professor Azinge (SAN) serves as the Editor-in-Chief, supported by a seven-man editorial committee. The Journal revealed that the editorial team received advice from an Editorial Advisory Board, consisting erudite Nigerian jurists with undisputed knowledge in international law.

    The articles in the maiden edition of Azinge’s Journal of Comparative and International Law employed the use of narrative, analytical and expository methodologies. The articles, authored by the six scholars included a combination of expert reasoning in the various articles and the consistency in the consortium of ideas by the writers. It is worthy of commendation. It fulfilled the promises made by the Editor-in-Chief in the preface to provide a platform for the dissemination of legal developments in various jurisdictions while comparing same with the development in other parts of the world.

     

    Observations

    The articles in this maiden edition generally live up to the title of the journal as one of international and comparative laws. However, a few articles lacked in depth discussions on the titles they sought to interrogate. For instance Rape as an International Weapon of War: The Human Rights Approach in Nigeria and Some selected Jurisdictions did not in the reviewer’s view, adequately address the laws, municipal and international, relevant to discussing rape as a weapon of war. Also, ‘The Freedom of Information Act and Sectorial Responsibilities: An Appraisal’, did not give adequate scrutiny to the UK law, even though it is stated as an objective of the paper. However, other articles made up for any perceived deficiency by the sheer brilliance with which they were addressed.

    The Journal is compelling as a platform for cross pollination of ideas in legal scholarship. The content of the maiden edition of the journal, without a doubt, is a  very enlightening and informative literature.