Category: Law

  • NGO seeks Kafarati’s confirmation as CJ

    NGO seeks Kafarati’s confirmation as CJ

    The Chief Justice of Nigeria (NJC), Justice Walter Onnoghen, has been urged to liaise with the National Judicial Council (NJC) to  confirm Justice Adamu Kafarati as the substantive Chief Judge of the Federal High Court.

    The request is contained in a letter by a group, the International Human Rights and Anti-Corruption Society (IHRAS),  a non-governmental organisation (NGO) led by Dr. U. O. Udofia.

    IHRAS noted that since he was inaugurated as the Acting Chief Judge on September 16, Justice Kafarati has discharged his duties creditably well, warranting the call that he be  confirmed.

    The group said it resolved to champion Justice Kafarati’s prompt confirmation after a meeting of its trustees and National Executive Council on November 20, where members agreed that the judge has exhibited attributes of a good leader.

    IHRAS said its members found that Justice Kafarati “has passion for his duties, does not allow personal interest to override public interest and has fulfilled all the six principles with which the United Nation assesses judges’ independence.

    “He is personally monitoring judges of the Federal High Court to ensure speedy trial of cases and to prevent corruption, abuse of human rights and miscarriage of justice’’.

    The group said with the potential so far exhibited by the Acting Chief Judge, it was convinced that Justice Kafarati would positive impacted on the court if made the substantive CJ.

    It added: “In view of our findings about the suitability of Justice Kafarati for the headship of the Federal High Court at this moment, we deem it necessary to call on the CJN and the NJC to send his name to Mr. President for confirmation in the interest of the Nigerian public.”

     

  • Honour for Tambuwal, Abubakar, Lalong

    Honour for Tambuwal, Abubakar, Lalong

    The Jos Branch of the Nigerian Bar Association (NBA) has honoured three Northern governors who left legal practice for politics.

    The Branch said the governors have been worthy representatives of the Bar and have contributed to the growth and development of the legal profession and democracy.

    Those honoured are: Governors Aminu Tambuwal (Sokoto), Mohammed Abubakar (Bauchi) and Simon Lalong (Plateau).

    They were conferred with awards during the branch’s yearly law week programme in Jos, the Plateau State capital.

    Tambuwal, who chaired the events’ opening, was honoured for deepening democracy in the country by developing the legislative arm of government.

    He was a former House of Representatives Speaker before being elected governor.

    Abubakar was honoured for deepening democracy in Nigeria by developing the electoral process.

    He was a National Commissioner at the Independent National Electoral Commission (INEC).

    Lalong was honoured for being a worthy ambassador of the Bar by rendering bold and selfless service to Plateau State, Nigeria and humanity.

    He was the longest serving Speaker of the Plateau State House of Assembly.

     

    Their profiles

     

    Tambuwal

    Tambuwal was born on January 10, 1966 in Tambuwal, Sokoto State. He had his early education at the Tambuwal Primary School from 1972 -1979 and Government Teachers College Dogon-Daji where he obtained his Teachers Grade 11 Certificate in 1984.

    Determined to become a lawyer, Aminu proceeded to study Law at the Usmanu Danfodio University, Sokoto, graduating in 1991 with an LL.B (Hons).

    In 1992, after completing his one year mandatory studies at the Nigeria Law School Lagos, he was called to the Nigerian Bar.

    He was elected the Public Relations Officer of the Nigerian Bar Association, Sokoto in 1997.

    Subsequently, he was to serve variously as the association’s Assistant National Financial Secretary, First National Secretary, and Secretary of the Human Rights Committee, between the 1998 and 2002.

    After working as the Personal Assistant to the then Senate Leader, Senator Abdullahi Wali, Tambuwal ran for the House of Representatives seat for Kebbe/Tambuwal Federal constituency of Sokoto State in 2003 on the platform of the All Nigeria Peoples Party (ANPP) and won.

    In 2004, he became the Minority Leader of the House. Tambuwal again contested the National Assembly elections in 2007 on the platform of the People’s Democratic Party (PDP).  He won the seat to represent his constituency from 2007-2011.

    When he left the opposition, he was promptly elected the Deputy Chief Whip of the House.  In 2011, Tambuwal again stood for and won election to the House of Representatives.

    He subsequently became the Speaker of the seventh House of Representatives against all odds in 2011.

    He was  leader of the Nigerian Delegation to African, Caribbean, Pacific and European Union Joint Parliamentary Assembly; Leader of the Federal Government team to the Kingdom of Saudi Arabia regarding the controversial denial of visas to Nigerian female pilgrims, among others.

    He was named Leadership Newspaper’s Politician of the Year 2011; Sun Newspaper’s Man of the Year 2012; and Best Performing Governor in Education in Nigeria by BusinessDAY and The Authority Newspapers (2017).

    He was given an honorary Doctorate in Law from his alumnus, Usmanu Danfodio University, Sokoto, December 2012. He also has an Honorary Doctorate Degree by the Enugu State University of Science and Technology, Enugu, 2013, among others. On September 27, 2014, he was turbaned the Mutawalle of Sokoto Caliphate by Sultan Muhammad Sa’ad Abubakar III.

    On October 28, 2014, after the day’s plenary in the House of Representatives, Tambuwal formally joined the All Progressives Congress (APC). On April 11, 2015, he was elected Governor of Sokoto State under APC platform.

     

    Abubakar

     

    Abubakar, referred to as the architect of modern Bauchi State, is the fifth democratically elected governor of Bauchi State who led the All Progressives Congress (APC) foot soldiers that ousted the once powerful Peoples Democratic Party (PDP).

    An accomplished legal practitioner, he rendered free legal services to the poor and needy, first in Bauchi state and later in other major Nigerian cities.

    Born on December 11, 1956 in Gombe, he started his educational career at the Jos Native Authority Primary School in Plateau State from 1963 to 1968 from where he proceeded to Tudun Wada Primary School, Kano in 1969.

    He then gained admission into the Government College Kano (now famous Rumfa College) for his Secondary School Certificate education from 1970 to 1974.

    Abubakar proceeded to the highly competed School of Basic Studies (SBS) of the Ahmadu Bello University, Zaria for the one year pre-degree programme and thereafter proceeded to the Faculty of Law in the same premier northern University where he studied for and obtained his Bachellor of Laws  (LLB. Hons) degree in 1978.

    By 1979, he had completed his Law School training in Lagos and proceeded to Rivers State for the mandatory National Youth Service (NYSC), working as a lecturer at the Rivers State University of Science and Technology.

    On completion of his national youth service, Abubakar returned to Bauchi State and joined the services of the State Government as a Pupil State Counsel in the Ministry of Justice and rose through the ranks to the position of a Director. Before then, he headed the Legal Drafting department in the Bauchi State House of Assembly in 1983.

    After the military coup in 1983, Abubakar was deployed to the Ministry of Justice as Principal State Counsel and by 1984 seconded to the Yankari Games Reserve and Tourism Company Limited as its Secretary/Legal Adviser.

    Two years later, he was  redeployed to the Ministry of Justice where he acted as Director, Civil Litigations for two years before being promoted to the rank of Director, Public Prosecution (DPP).

    He was appointed Attorney-General and Commissioner for Justice between 1990 and 1991 by the then Military administration. He was re-appointed for the second time until 1993.

    When the military intervened again in 1993, he decided to disengage from Public Service and went into private legal practice as Managing Partner of Fortuna Chambers.

    He was the Chairman, NBA, Bauchi Branch, from 1996 to 1998. He was elected Deputy National Secretary of the PDP in 1997 and then appointed Resident Electoral Commissioner (REC), serving in Kogi, Delta, Plateau and Rivers States.

    In 2003, he was elevated to the position of National Electoral Commissioner in-charge of Legal Services. He supervised Borno, Yobe and Jigawa states.

    He finally retired from public service and returned to his private legal practice as the Managing Partner of M. A. Abubakar & Co (Fortuna Chambers) which has offices in Bauchi, Abuja and Port Harcourt respectively. He is also a Member of the National Judicial Council since 2013.

    In March 2016, Abubakar was elected Governing Council member of the African Bar Association (AFBA).

     

    Lalong

     

    Governor Lalong, a native of Ajikamai in Shendam Local Government Area, was born on May 5, 1963.

    He had his Primary Education at R.C.M Primary School Shendam and obtained his First School Leaving Certificate in 1977.

    After his primary school, he gained admission into Government Secondary School Shendam where he had his O’ Level Certificate in 1982. He further went to S. P. S. Keffi, where he obtained his A’ Level in 1986.

    Lalong later gained admission to the Ahmadu Bello University, Zaria, where he studied Law and graduated with a Bachelor of Law (LLB. Hons) degree in 1990.

    He obtained his Masters Degree in Law (LLM) from the University of Jos in 1996.

    Lalong did his NYSC in the Legal Unit of the Federal Capital Development Authority (FCDA).

    He started his legal practice in 1992 with the T-Obot & Co. Legal Practitioners, Jos.

    He also worked with Victor Fomwul & Co. Jos from 1997 – 1999 as a Managing Partner.

    He later established his own chambers and was the Principal Partner of Simon B. Lalong & Co. Legal Practitioners.

    When the ban on partisan politics was lifted and by Gen. Abdulsalami Abubakar in 1999, Lalong contested to represent the Shendam Constituency in the state House Assembly. He won and was subsequently made the Speaker of the State House of Assembly in October 2000.

    Lalong’s rare leadership qualities earned him the record of the longest serving Speaker in the history of Plateau State legislature which span across seven unbroken years between 2000 and 2006.

    He twice elected as chairman, Nigerian Conference of Speakers, a forum of all the 36 Speakers.

    He was the National Chairman, forum of All former Speakers of Nigeria and also Chairman of former State Legislators, Plateau State Chapter.

    He contested for the Governorship of Plateau State on April 11, 2015 elections under the platform of the All Progressives Congress (APC) and emerged victorious.

     

  • Restructuring: Panacea for development, cohesion

    Restructuring: Panacea for development, cohesion

    Text of a paper presented by The Nation Editorial Board Chairman, Mr. Sam Omatseye, at the annual Law Week of the Nigerian Bar Association (NBA), Jos branch.

    Structuralists however got into a snag because many scholars started doubting the importance of structure. Everyone can be its own structure and function, and that led to such movements as post-structuralism and post modernism. We have had a lot of confusion since or what Christ described as “distress of nations and perplexity.” I hope that we do not get to s ate where we cannot have a structure.

    But nowhere is this confusion more revealing than in allowing the big names of nation to say it in their own words. So, we hear from Tanko Yakassai, we also hear from Wole Soyinka, and we also hear from Emir of kano Lamido Sanusi. The voices of Femi Okurounmu, Mallam AdamuCiroma, Atiku Abubakar, Bola Ahmed Tinubu, Alex Ekwueme, Rotimi Amaechi, Paul Unongo, Ben Nwabueze, Edwin Kiagbodo Clark, Ango Abdullahi, Obong Victor Attah. The irony is that all agree something is wrong. They don’t know or agree on what is right.

    It is interesting to see how all of these people are patriots or claim to be patriots but they look at patriotism through different lenses. The ambiguity of their submissions is enough to make the average Nigerian observer wonder. More so when their aversion of ill will is only counterbalanced by their profession of love for their fellow citizens of a different faith and tribe. They seem to be saying: “I love you, but I love myself more. But I love you all the same. If you don’t love me as much as I want you to love me then I will withdraw my love for you. And then, maybe, we can head for the boxing ring.”

    It recalls to mind the lines of the late Arab poet Mahmud Darwish: “Don’t ask of me, my love/the love I once had for you.”

    Yet in the voices of these men, and they are all men, the temperaments are not the same. A TankoYakassai declaims with an unmistakable truculence only counterpoised with an Nwabueze whose fidelity to restructuring bears the underlying angst of Biafra. A hard-charging Ango Abdullahi clearly enjoys his tirades. A Wole Soyinka, with syntactic rebellion, makes no bones about the negotiability of the Nigeria state and society.

    For instance, Edwin Clark comes across as an economist of inequality and guardian of the treasures of oil. Adamu Ciroma unveils a persona that agrees that Nigeria is not sustainable in its present state. There are a few very profound offerings. They include the writings of Lamido Sanusi, Paul Nnongo and Atiku Abubakar.

    One sapient point that has been missed in the cacophony was the point that the western region under Awolowo and the eastern region of the First Republic were at peace with the centre. The centre was not always a scarecrow. It was a desirable thing. As Sanusi reminds us, so good was the centre that when Awolowo was done as premier of the western region, he decided it was time to take the centre. From being a regionalist, he was taking a crack at the centre. When Awolowo was at the centre with Gowon, he never raised a finger for federalism.

    The southeast also loved the centre.  They were not taking a crack at the centre. They dominated the civil service and had the best core of the officer corps of the Nigerian army before the civil war. But they changed when the centre cracked. What Sanusi did not say, was that things changed because the military took over on behalf of the northern power bloc, and de-democratised the centre. It began to work for the north and not the west or east or Niger Delta, culminating in June 12. The quest for restructuring began, it shows that no one gives away power and you must take it. The centre allowed violence and the violent took it by force.

    Oil played a big part on this role reversal. We can trace this to the pre-independence era when oil was still a small factor in the economy. The British recommended that regions that enjoyed mineral resources should have 50 percent of the resources. The federal could garner only 30 percent. If we look at the country today, virtually every state has mineral resources whether it is bauxite or kaolin or limestone or gold that can turn them into vibrant economies rather than the entities that bear bowls in hand to the centre for monthly bailouts.

    The army changed all that, but that was because the cabal ahead of the army represented an oil-free region. The wealth of the Niger Delta became free only for those who had the guns pointed and ready to shoot. Nigeria had changed in the 1960’s from a state with an army to an army with a state. At one time, the regions only had 1.5 percent, including during the Shagari years. It was during Abacha’s regime that a decision of a token 13 per cent was taken for the region. Conversations about it has hit paralysis ever since.

    Before the jackboot, the different regions had agriculture in high gear. Those were the years of the groundnut pyramid, when Cocoa boomed as export and built a landmark edifice in Ibadan, when we taught a western nation how to make prosperity out of palm produce and our rubber was elite business in the world. Oil was a backdrop then and it was only in drops. When it became a flood, it submerged everything else. We became greasy with wealth. But we occluded a path not only to development but the army made us lose the path to cohesion.

    That was why the call for fiscal federalism started to resonate among the disenfranchised. Part of it was because Abiola won an election that was taken from him.The most strident voice over the course of the year came from an unusual source: the man Nnamdi Kanu. But the paradox was he did not call for restructuring. He wanted outright severance. In my columns I called him an ethnic entrepreneur who peddled hate. Yet he had followers, including those not associated usually with cant or extremism. So why would an Nwabueze or a Soludo speak so gleefully about an upstart whose biography did not celebrate industry or even Igbo patriotism to the extent that mere utterances from his lips paralysed the streets of the east?

    That is the conundrum made even more trenchant by the assertion by president Buhari that the nation is not negotiable. But Nigeria was not negotiated into being. It was a diktat from a foreign power. Now that we are together, it is important that some voices are saying they are not getting the right shakes in the system, that some part of the country seem to be sovereign while others are glorified subjects. The centre, they say, cannot hold when only one part of the country is at peace with the present arrangement when others are not. As of today, only the northwest has had voices that say the system is good the way it is.

    The only voice that spoke with some fire for justice has been Lamido Sanusi, but many in the northwest see his voice as a maverick, not representing the inner core of the region. But the Governor of Sokoto State, Aminu Tambuwal, whose progressive credentials are palpable, had to lend his voice eventually. Hear him:  “The idea that the north is against restructuring because it benefits most from the current state of things is circumscribed and patently false,” he noted.

    “The fact that some people continue to parrot such a lie only helps to give credence to the flawed argument. Let us be clear: the north wants restructuring as much as anyone else. “However, as a people we do not easily jump unto the bandwagon because we are always there for the long haul. We believe that any decision we take must be inclusive and respect procedures and processes so that the outcome is sustainable.” “I think we should first, as a country, agree on a mutual definition of the term restructuring. “In my view, if restructuring means taking stock of our arrangement to ensure that no state takes a disproportionate amount of the resources, or most of the available space in the education or job sector, or subjugate the others’ culture or religion. “Or lord it over the other so that the number of the poor and uneducated, whose future is circumscribed by their circumstance is shared proportionately, then we are game.

    “We all want a country where there is peace and progress, where justice is given, where all lives are safe and people can pursue their legitimate livelihoods wherever they choose. I believe each state in this country has areas of comparative advantage and life is a cycle so that what was once the largest revenue earner can in time become less so while something else takes ascendancy. “As a country we must look to the future and agree on what in the long run will benefit us all.”

    What the governor said is quite at odds with the caterwauling of a TankoYakassai.

    Another voice that has weighed in is the Sultan of Sokoto Abubakar Saad111.

    He says: “It is good to sit down and dialogue but there must be respect. I must respect you and you must respect me. And the greatest thing we can do for this country is always reflect on our history.

    “Because we didn’t fall from the sky, we came from somewhere. We became Nigeria in 1914 through amalgamation. People are shouting that our coming together as a country in 1914 was mistake, but God doesn’t make mistakes. If God doesn’t want such a thing as Nigeria to happen, nobody could ever have made it happen.”

    He goes further:  “I know that many of these groups from the North, West, Southsouth and Southeast agitating for this or that have their positions.

    “But despite the realities at present, no group has the right to tell anybody you must leave this place or that place if we still live in this country called Nigeria. I say, instead of talking about devolution of power, let’s talk about devolution of economy,” he added.

    The voices of Governor Tambuwal and the Sultan are conciliatory and open the door to bring together a concatenation of ideas. It is good men for conversation.

    But these voices have to come to terms with others voices. For instance that Asiwaju Bola Ahmed Tinubu.

    The former governor of Lagos State called for a return to the ideals of the 1963 Constitution, which he said guaranteed fiscal federalism, regional autonomy, regional constitutions, and progressive competition among the federating units.

    Tinubu said, “Many of the 68 items on the Exclusive Legislative List should be transferred to the Residual Legislative List,” explaining, “This would be in harmony with the 1963 Constitution, again an instance of reaching back to revive something old yet more likely to give us a better Nigeria. That prior constitution granted vast powers to the regions, enabling them to carry out their immense responsibilities as they saw fit.”

    Tinubu said, “We cannot become a better Nigeria with an undue concentration of power at the federal level. Competition for federal office will be too intense, akin to a winner-takes-all duel. Those who lose will bristle at the lack of power in the periphery they occupy.

    “They will scheme to pester and undermine the strong executive because that is where they want to be. The executive will become so engaged in deflecting their antics that it will not devote its great powers to the issues of progressive governance for which such powers were bestowed.”

    He said if Nigeria continued in the current pseudo-federal path, it “will be in a constant state of disequilibrium and irritation. Such a situation augurs toward the maintenance of an unsatisfactory status quo in the political economy. It augurs against reform.” He stressed that the country must restructure “to attain the correct balance between our collective purpose, on one hand, and our separate grassroots realities, on the other.”

    What Governor Tambuwal and the Sultan called for is civility. But the counter question is that we never get things done with civility. It is when we roar and bang the table that the other side hears you.

    The reality, however, is that we need to go to the table. The key here lies with the president who has not shifted ground on the point that our unity is non-negotiable. Even husbands and wives negotiate their relationships every day. As the philosopher said, those who deserve freedom are those who are ready to fight for it every day.”

    It is not easy to give up power. No one gives it up without getting something back or without its back to the wall. What it means is that if the unfairness in the Nigerian state continues, the agitation will grow, and no one can predict what nature it will take. I love Nigeria, but I don’t agree that it is not negotiable. It is desirable when all get their due.

    We cannot get by mere institutions without content. Nigeria’s different endeavours at national unity are clear. They include the National Youth Service Corps, to tailor university graduates into the appreciation of the other by spending a year in a “strange” land.

    Over four decades of its founding, rather than harmony, the nation is tearing at its ethnic seams. We don’t even have the resources to guarantee a decent living for them in their areas of primary postings. There are other efforts at unity. They include unity schools, Federal Character Commission, the special case for the Niger delta like the formations of NDDB, OMPADEC and presently NDDC. The derivation policy, ministry of Niger Delta, and presidential amnesty programme. In spite of these, suspicions make relationships sour. The herdsmen crisis continues to create tensions with stories of slayings. A philosopher noted that in a true federalism the biggest part of a country is not better than the smallest part of it.

    The greatest problem is lack of trust. Trust does not come freely today. there is an African proverb that says, “be careful when a naked person offers you a shirt.” We have to move from there and abide by Ernest Hemmingway’s words, “The best way to find out if you can trust somebody is to trust them.”

    That is the model to follow and that is the challenge before us today.

     

     

  • How we survived abuses, by victims

    How we survived abuses, by victims

    The human rights community joined others to mark the Human Rights Day on December 10. Victims of rights abuses shared their experiences at a forum organised by the Women Empowerment and Legal Aid (WELA). ADEBISI ONANUGA reports

    December 10 is celebrated yearly across the world as the Human Rights Day.

    The  date was chosen to honour the United Nations (UN) General Assembly’s adoption and proclamation, on December 10, 1948, of the Universal Declaration of Human Rights.

    At a forum organised by the Women Empowerment and Legal Aid (WELA), founded by Mrs Funmi Falana, victims of rights abuses shared their experiences.

     

    ‘How I lost my son

    Balikis Bankole (20) was yet to recover from the trauma arising from abuses she suffered when her husband and mother in-law, a herbalist, forcefully took her five month old son away  and sent her out of her matrimonial home. The incident happened in Lafenwa, Aiyetoro, Ogun State.

    Weeping profusely, Bankole said she lost her father in 2012 while she was in senior secondary three.  She learnt a trade as she could not continue with her education.

    She got pregnant for Kassim Adeyeye, moved in with him and subsequently became his wife.

    Five months after the birth of her son, Bankole had a disagreement with  Adeyeye, which resulted into a fight. She claimed that both her husband and mother in-law allegedly beat her and tore her dress to shreds.

    Her baby was taken from her back while she was told never to set foot in their matrimonial home again or she would die. She said it was her neighbours who gave her clothes to wear to cover her nakedness.

    Bankole stayed with friends in Aiyetoro and waited in vain to be reunited with her five month-old boy and husband.

    With her life being threatend, she left the town for Iyana Ipaya, Lagos, to stay with a relative. Few days later, she received a phone call from her mother in-law informing her that her son was dead.

    She rushed back to Aiyetoro, asked to see the corpse or where her son was buried. She was again warned never to return.

    Bankole was introduced to Jashabel Touch-a-Heart Foundation, founded by Mrs Favour Benson, who brought her to WELA, which is fighting for justice for Bankole.

     

    ‘I was thrown out with my kids’

    Mrs Pascaline Chigbogu had a happy marriage with her husband, Uchechukwu, before problems arose.

    Chigbogu was into packaging and marketing of anointing oil before she met her husband, who sold fairly used clothes (okrika).

    They got married and had six children. She introduced her  husband  to the anointing oil business and both deployed their resources into it. The business grew and they added herbal mixtures production to it. They employed workers.

    They bought properties around Sango and Ota areas of Ogun State, and acquired five buses for distribution and marketing of their products. They also acquired personal cars.

    Mrs Chigbogu said she suffered domestic violence through constant beating from her husband. She chose to endure because she loved her husband and for the sake of her children.

    One day, her husband walked in to inform her that he was tired of the marriage.

    He asked her to move out of their home and to give him space. Before she knew what was happening, she was thrown out of the house located around Obasanjo bus stop, Sango, with her six children.

    When her family came from Anambra to settle the dispute, the husband allegedly refused to allow them in.

    While the going was good, she never bothered to find out about their finances and properties because she trusted her husband. All along, she thought they were jointly owned.

    Chigbogu said she discovered too late that all the properties and company documents were all in her husband’s name. She was sent out of her matrimonial home with nothing. The car she was using was taken away from her.  She had no personal bank account.

    With WELA’s assistance, Chigbogu now lives with her six children around Toll Gate area in Sango. WELA is presently in court fighting to get justice for her.

     

    ‘How I was forced into early marriage’

    Mrs Rhoda Ogunenika said she was forced to marry Francis, a man old enough to be her father, by her elder sister.  She was living with her aunt when her sister came to take her to Lagos, promising her a better life.

    She said she moved in with her sister but lamented that it was the beginning of her nightmares.

    Ogunenika said Francis had several wives and kept them all in his house located around Allen junction, Ikeja.

    She said her husband was so mean to the extent that their freedom was restricted except when going to the market. She also claimed to have suffered domestic violence in the hand of her husband.

    Ogunenika said her case was reported to WELA through Jashabel Touch-a-Heart Foundation.

    Mrs Falana said the house where Francis kept all his wives was like a dungeon.

    She said Francis was very hostile when they first visited to secure Ogunenika’s release.

    According to Mrs Falana, it took a team of Policemen to break down the door before the group could secure Ogunenika’s freedom.

    She now lives around Yaya-Abatan in Ogba with her four children. She was married to Francis for 12 years, during which she suffered and endured several abuses.

    WELA is presently in court seeking to get compensation for her.

     

    ‘Jobless women suffer

    most abuse’

    Fifteen students from various universities and polytechnics were inducted as WELA Ambassadors against Domestic Violence and Gender-based Violence. They also got funds to assist in their education.

    Four women who have suffered domestic violence were also issued with cheques to start small businesses; two other women were empowered with grinding machines.

    Mrs Falana said the women needed to be empowered because most them suffer violence from their husbands because they had no jobs.

    “We believe that economic empowerment is what we need to get out of domestic violence,” she said.

    She said WELA would provide them with more funds to expand their businesses if they show commitment.

    Mrs Falana she said the fight against domestic violence was a collective one.

    She deplored the rising incidences of defilement of underage girls and rape by men.

    Mrs Flana urged victims to speak up rather than covering up such incidents for fear of stigmatisation.

    According to her, unless perpetrators are exposed, the problem would persist.

    “We need to expose them, get them arrested and prosecuted and ensure  justice is done,” she said.

  • Ortom makes case for judicial autonomy

    Ortom makes case for judicial autonomy

    It is wrong for the judiciary to de-pend on the executive for funding, Benue State Governor Samuel Ortom has said.

    To him, full autonomy would make judiciary truly independent.

    He spoke at a valedictory court session in Makurdi in honour of the former Chief Judge (CJ) of Benue state, Justice Iorhemen Hwande.

    He described Hwande as a humble, God-fearing and erudite jurist, who had an outstanding career.

    “Justice Hwande rose through the ranks with an impeccable service record to become Chief Judge of Benue State, a position in which he served the state for 11 years.

    “He sustained the reputation of the State judiciary as one of best in the country through sacrificial, honest and exemplary leadership which impacted positively down the line,” he said.

    Ortom reiterated his commitment to separation of powers and pledged not to interfere with the work of the judicial and legislative arms.

    He expressed support for their autonomy.

    Justice Hwande urged Governor Ortom and his colleagues to grant the judiciary autonomy at the state level.

    He called for the appointment of CJs to the Supreme Court, stressing that emphasis should be placed on competence and integrity rather than geographical spread.

    The retiring CJ thanked his colleagues, judicial staff and the governors under whom he served for creating an enabling environment which ensured his successful tenure.

    A state banquet was held for the CJ the night before the valedictory court session.

     

     

  • ‘Enforcement of consumer rights not govt’s business alone’

    ‘Enforcement of consumer rights not govt’s business alone’

    The enforcement of consumer rights is a shared responsibility and not that of government alone, Director-General (DG) of the Consumer Protection Council (CPC), Mr. Babatunde Irukera, has said.

    He urged businesses to take the lead in enforcing consumer rights.

    The DG spoke at a roundtable with the civil society, Consumer Protection Associations (CPAs), Non-governmental Organisations (NGOs) and Community-Based Organisations (CBOs).

    The event was organised by the Council in Abuja.

    Irukera said businesses must be responsive to consumers’ grievances and must institutionalise and prioritise complaint resolution policies and mechanisms.

    A statement by CPC’s Deputy Director, Public Relations, Mr. Abiodun Obimuyiwa, quoted Irukera as saying protecting the rights of consumers was not government’s business alone.

    According to him, the regime was unsustainable as it was tantamount to government subsidising businesses.

    To him, the CPC should not be a substitute to companies’ customer care or service desks.

    Irukera said businesses have factored the cost of complaint resolution into their profitability and should not outsource it to the government.

    He underscored CPC’s role in ensuring resolution of complaints that is fair and equitable.

    “Companies have both commercial and social contracts with consumers. To companies, they are customers, not consumers,” he said.

    On why the roundtable was organised, Irukera said Council seeks to have an effective partnership with the civil society for a robust protection of consumers across our vast country.

    “Any credible and people-oriented leadership will embrace the civil society. An engagement with those in civil society is paramount,” he said.

    A United Nations Industrial Development Organisation (UNIDO) representative Prof Abimbola Uzomah said consumer protection should not be left to the Council alone.

    Uzomah, who said market-place abuse has become so prevalent in Nigeria because of consumer apathy, commended the Council for organising the strategic engagement with the aim of extending consumer education to the grassroots.

     

  • Appellant can’t use other court’s decision as appeal ground

    Before their Lordships
    Raphael Chikwe Agbo J.c.a
    Ayobode Olujimi Lokulo-sodipe J.c.a
    Ita George Mbaba J.c.a
    Between
    Hon. Eze Ama Nwa-Uwa …………………………………….. Appellant(s)
    And
    Peoples Democratic Party (Pdp)
    Senator Hope Uzodinma
    Independent National Electoral
    Commission                     ……………………………………….. Respondents
    Suit No: Ca/Ow/263/2016

    Lead Judgment Delivered by Ayobode Olujimi Lokulo-sodipe, J.c.a.

     

    Concise facts

    This is an appeal against the judgment delivered on 25/4/2016 by the Federal High Court holden in the Owerri Judicial Division.

    The Appellant (then Plaintiff) by way of Originating Summons, commenced the case leading to this appeal against the Respondents (then defendant). Appellant’s grouse was based on the conduct and outcome of the primary elections conducted by the People Democratic Party (PDP)(1st Respondent) for the selection and nomination of a candidate to represent the party in the 2015 National Assembly election for the (Orlu) Senatorial District, Imo State.

    By a motion filed on 21/4/2015, the Respondents challenged the jurisdiction of the trial Court to entertain the suit. On 25/4/2016, the trial Court duly delivered its judgment wherein it upheld the preliminary objection of the 1st and 2nd Defendants therein (now 1st and 2nd Respondents) challenging its jurisdiction to entertain the substantive matter and struck out the Appellant’s suit in limine.

    This decision greatly aggrieved the Appellant and he subsequently lodged this Appeal.

    The Respondents raised a Preliminary Objection in a process titled: “Notice by 1st and 2nd Respondents of Intention to rely on Preliminary Objection brought pursuant to Order 10, Rule 1 of the Court of Appeal Rules, 2016 and under the inherent jurisdiction of the Court” wherein it gave the Appellant notice that they shall raise a Preliminary Objection. to the hearing of this appeal and shall seek for the order to dismiss or strike out the appeal in its entirety.

     

    Issue(s) for determination

     

    The Appellant formulated three issues for the determination of the appeal viz: –

    Issue 1: Whether the learned trial judge of the Court below was right when he held that the order for the nullification of primary election is not within the purview and contemplation of Section 87(9) of the Electoral Act, (sic) 2010 as amended. (GROUNDS 1 and 2).

    Issue 2: Was the learned trial judge right in not nullifying the Imo West Senatorial District primary election of the 1st Respondent conducted on 7/12/2014 and declaring the Appellant the candidate of the 1st Respondent for the Imo West Senatorial District Election held in April, 2015. (GROUND 3).

    Issue 3: Whether the learned trial judge was right when he failed to consider the substantive suit after the 1st and 2nd Respondents’ preliminary objection was upheld and does this failure not amount to denial of Appellant’s right to fair hearing. (GROUND 4).

    N:B The Court said “in line with the settled position of the law in respect of Preliminary Objection to an appeal, the Court is duty bound to first resolve the Respondents’ Preliminary Objection as upholding same could result in the non-entertainment of the appeal on the merit.” The case ofGARBA (RTD) V. MOHAMMED (2016) LPELR – 40612 (SC) was called in reference and on this note, the Court dealt with Respondents’ Preliminary Objection first.

     

    Respondent’s argument

     

    The grounds for the objection as set out in the Preliminary Objection are: –

    The Appellant has failed to appeal against the ratio decidendi of the decision of the lower Court.

    Grounds 1 and 2 of the Appellant’s grounds of appeal are foundation of the decision; not the ratio decidendi of the decision of the lower Court.

    Grounds 3, 4 and 5 of the grounds of appeal do not relate to the decision of the lower Court.

    The Appellant in his brief of argument, argued issue 1 (formulated from competent grounds 1 and 2) together with issue 2 (formulated from incompetent ground 3)

    The Appellant distilled issue 3 from incompetent ground 4 of his grounds of appeal.

    The Appellant is in his brief seeking very different reliefs from what he pleaded and claimed at the lower Court and in his notice of appeal filed on 20th July, 2016.

    The appeal is manifestly incompetent.

    This Honourable Court lacks jurisdiction to entertain this appeal.”

    While canvassing the first and second legs of the Preliminary Objection together, the Respondents stated the position of the law to be that the ratio decidendi of a case is the principle of law upon which the case was decided. According to him, it is this principle (ratio decidendi) that is binding on the parties that can be the subject of an appeal; not an obiter dictum. The Respondents posited that the holding of the trial Court with respect to their Preliminary Objection and as contained on page 459 of the record of Appeal shows that grounds 1 and 2 in the notice of appeal are issues relating to the foundation of the decision, i.e. interpretation of Section 87(9) by the trial Court preparatory to making its pronouncement and not the ratio decidendi.

    In arguing the grounds of the Preliminary Objection, Respondents’ counsel, in respect of grounds 3, 4 and 5 of the notice of appeal said the grounds do not arise from live issues at the trial and not any hypothetical assumption by the Appellant. It is the stance of the Respondent that ground 3 which is to the effect that the trial Court failed to nullify the primary election of the 1st Respondent cannot be said to have arisen from the objection before the trial Court and which was the only matter the said Court pronounced on. The Court was consequently urged to strike out ground 3 and issue 2 formulated therefrom for being incompetent. Dwelling on ground 4 which the Respondents said complains about failure of the trial Court to consider the substantive suit, the Respondents submitted that this ground like ground 3 also erroneously presupposes that the trial Court had jurisdiction to entertain the suit but refused to hear and determine the substantive matter. Further, the Respondents pointed out that grounds 3 and 4 are also incompetent for contradicting each other and since the Appellant cannot approbate and reprobate, Respondent urged the Court to strike out grounds 3 and 4.

    On ground 5- the omnibus ground, it is the stance of the Respondent that the said ground is designed to allow a complaint on the evaluation of evidence and it encompasses complaint of improper evaluation of evidence but that as the trial Court did not consider the substantive case, ground 5 cannot be said to have arisen from the judgment of the trial Court and is therefore incompetent and liable to be struck out. It was further pointed out that since the Appellant has not distilled any issue from the said ground, the ground is liable to be struck out since the position of the law is that any ground of appeal upon which no issue has been distilled and upon which no argument has been canvassed is deemed abandoned by an appellant and deserves to be struck out.

    Respondents submitted that the Appellant’s argument in his brief on issue 1 (formulated from competent grounds 1 and 2) together with issue 2 (formulated from incompetent ground 3) should be stuck out in its entirety since Appellant has argued both issue 1 and issue 2 together. It was Respondents’ submission that the position of the law is that where an issue formulated from an incompetent ground of appeal is argued in the brief of argument with those formulated from competent grounds, the entire argument on both issues must be discountenanced. That it is not the duty of the Court to extract arguments in respect of the valid grounds from the invalid ones.

    Also dwelling on issue 3 distilled from what they described as incompetent ground 4, the Respondents equally urged the Court to strike out the said issue as the position of the law is that issues for determination must be distilled from only competent grounds of appeal. It is respondents’ stance that an incompetent ground of appeal cannot give birth to a competent issue for determination, similarly, issues for determination distilled or framed from incompetent grounds of appeal which has been struck out, share the same fate with grounds of appeal which gave rise to them and such issues will be struck out.

    Conclusively, Respondents posited that the Court lacks the jurisdiction to proceed with the appeal since same is manifestly incompetent and the Court was urged to strike out this appeal in its entirety.

     

    Appellant’s argument

     

    Appellant adopted and relied on the portion of their reply brief in respect of the Preliminary Objection to the appeal and urged the Court to overrule same and allow the appeal.

    In response to grounds 1 and 2 of the Preliminary Objection, Appellant submitted to the effect that grounds of appeal consist of all the attacks and complaints against the judgment of a trial Court being appealed against and which an appellant relies on in urging an appellate Court to dismiss the judgment of the trial Court. It was canvassed by the Appellant that the grounds of appeal can be on the final decision, the finding of a Court, the reason for the decision, the omission in the judgment, a mistake or error found in the judgment and everything which the appellant feels is the reason why the judgment of the trial Court cannot be allowed to stand. It is Appellant’s contention that as long as the grounds relate or have a link to the issues canvassed before the trial Court or the judgment of the Court, they are competent and shall not be struck out by the Court.

    The Appellant also submitted that a ground of appeal is not rendered incompetent if it is not lifted verbatim ad literatim from the judgment of the Court; or if it is couched in the language of the appellant. That as long as it relates to the decision of the Court or what the Court could have decided or acted upon; it is a valid ground of appeal. Cases considered relevant including that of Akpan v. Bob (2010) 17 NWLR (Pt. 1223) 421, were cited in aid of the submissions. Appellant therefore posited that grounds 1 and 2 in the notice of appeal are competent.

    Dwelling specifically on the Respondents attack on his ground 5, i.e. the omnibus ground of appeal, the Appellant submitted that the Respondents have displayed a total misconception of the omnibus ground of appeal. That an omnibus ground of appeal is a general ground which does not attack a specific finding of a trial Court and therefore to that extent needs no issue to be formulated therefrom as it is a ground which is general in terms and cases considered relevant were cited in aid.

    In relation to his argument of issues 1 and 2 together, the Appellant submitted that it was proper to do so.

    In concluding, the Appellant posited that the arguments of the Respondents in respect of his (Appellant’s) grounds of appeal are unduly technical and this Court was urged to discountenance the Preliminary Objection in its entirety as it is quite unmeritorious.

     

    Court’s findings

     

    The Court observed that though an appeal is not a new action vis-à-vis the one from which it has arisen but its continuation; as it is a complaint against the decision of the trial Court, it must not only be initiated by a notice of appeal embodying the appellant’s grounds of appeal and particulars, but the complaint in the ground or grounds must be relevant to the decision appealed against and not to any matter which is not subject of the appeal. The case of FIRST BANK OF NIGERIA PLC V. T.S.A. INDUSTRIES LTD (2010) LPELR – 1283(SC) was cited.

    The Court went on to say that the settled position of the law has always been and still remains that where a notice of appeal is defective in a fundamental manner; such as where all the ground(s) in the notice are not valid or proper ground of appeal in that they are not distilled in relation to the decision appealed against, this Court (notwithstanding any appeal to the interest of the justice in the appeal) is invariably left with no option than to strike out such a notice.

    In determining Respondent’s argument that the grounds of the Notice of appeal are unconnected with the decision of the trial Court appealed against, the Court herein looked into the motion for Preliminary Objection filed by respondents at the trial Court and the Court said that a party cannot disclose in his notice of appeal that he is appealing against a particular decision of the trial Court in a proceeding and go about formulating grounds of appeal in respect of another decision of the Court in the same proceeding.

    The court found that grounds 1 and 2 are glaringly connected with the decision of the said trial Court that is the subject of the instant appeal and therefore competent. However, in respect of grounds 3 to 5 the Court held that they all relate to matters in respect of which the trial court never made pronouncement in that it never considered the substantive case before it on the merit. Consequently, grounds 3-5 are incompetent as it is not related in any way to the decision of the trial Court appealed against and same were struck out.

    In the same vein, the court stated that the issues distilled from the grounds namely, issues 2 distilled from ground three and issue 3 distilled from ground 4 must and are hereby struck out having been distilled from incompetent or invalid grounds of appeal. The cases of ACHONU V. OKUWOBI (2017) LPELR – 42102 (SC); DREXEL ENERGY AND NATURAL RESOURCES LTD. V. TRANS INTERNATIONAL BANK LTD (2008) LPELR – 962(SC), (2008) 18 NWLR (Pt.1119) 388 (SC); and BALIOL NIGERIA LTD. V. NAVCON NIGERIA LTD (2010) LPELR – 717(SC), (2010) 16 NWLR (Pt. 1220) 619 (SC); were referenced.

    On the propriety or otherwise of the Appellant arguing issue 1 formulated from grounds 1 and 2 (which have been held to be valid grounds) together with issue 2 distilled from ground 3 (which has been struck out for incompetence, the Court upheld Respondents’ argument to the effect that by arguing together the competent issue 1 and incompetent issue 2, it has rendered the arguments on both the issues liable to be discountenanced by the Court. Resultantly, the arguments in relation to Appellant’s issues 1 and 2 were discountenanced.

    Flowing from above, grounds 3 – 5 in the notice of appeal have been struck out; and issues 2 and 3 distilled from grounds 3 and 4 respectively, having also been struck out; and arguments on issues 1 and 2 having been discountenanced, the appeal is left bare and without issues for its determination.

     

    Held

     

    The Preliminary Objection of the Respondents to the appeal was upheld. Consequently, the appeal was struck out for being incompetent. No order was made as to costs.

     

    • Copyright: Lawpavilion(2017) LPELR-42881(CA)

     

     

     

     

  • SAN blames colleagues for stalling corruption cases

    A Senior Advocate of Nigeria (SAN) Rotimi Jacobs has urged lawyers to see the fight against corruption as collective.

    He said the attitude of defence counsel, especially senior lawyers, is to set the accused free.

    He spoke at a workshop organised by the NBA Anti-Corruption Committee to mark the International Anti-Corruption Day.

    Jacobs said: “The attitude of the defense counsel, particularly the senior ones, is that the accused must escape the consequences of his act by deploying all legal technicalities to set him free.

    “We also close our eyes to the general interest of the public and the nation. This will not give us victory in the fight against corruption.”

    The leading prosecutor for the Economic and Financial Crimes Commission (EFCC) blamed corruption for the country’s economic woes.

    “Although the country is just emerging from an economic recession that was caused by drop in oil prices in the international market, the level of impunity in different sectors of the economy as induced by corruption is alarming.

    “Corruption in Nigeria breeds inefficiency, discourages investment, fuels inflation, diminishes productivity and institutes a regime of poverty and unemployment as is being currently experienced today.

    “It can, therefore, not be disputed that we are virtually reaching, if not already at the danger zone where this cankerworm, if not arrested, will destroy the entity known as and called Nigeria,” Jacobs said.

    He said the fight against corruption must be in line with the rule of law.

    “The application of the rule of law should not ignore the local environment and the societal right. The way we apply rule of law is to exercise the right of individual accused persons and not to totally suppress the societal right,” he said.

    The committee chairman Chief Adeniyi Akintola (SAN) said NBA recognises that corruption is endemic in Nigeria, hence it set up anti-Corruption Committee on  July 17.

    “The Committee is set to contribute its quota to the fight against corruption in our country. Corruption is a crime against development which thrives in the shadows. The impact of corruption is greater than just the diversion of resources.

    “Unfortunately, the worst consequences of corruption are borne by poor and vulnerable groups,” Akintola said.

    NBA President Abubakar Mahmoud (SAN), represented by the First Vice-President Caleb Dajan, said the International Anti-Corruption Day was a time for political leaders, governments, legal institutions, and humanity in general to work to unite in the fight against corruption.

     

  • Protest over maltreatment of Nigerians in Libya

    Members of the Neo Black Movement (NBM) of Africa, Northern Region, have protested over Nigerians who are being sold into slavery in Libya.

    At the rally, which took place at the UNITY Fountain, Abuja, the group condemned the killings and the slave trade in Libya.

    Addressing reporters, its Northern Regional President, Chief Duncan Amadi, called on the government to create an enabling environment for development in the country to forestall the influx of people to Libya.

    He urged the Libyan government to remember the advocacy of its late leader, Moamar Ghadaffi, on the need for a United Africa, and that this could be achieved if all Africans, irrespective of colour, were treated based on the principles of social justice and equality.

    He reminded the Libyan authorities that Africans are stronger if they live in peace and unity. He called for the eradication of the slave trade in Libya and that all those culpable should be brought to justice.

    Amadi also advised Africans who are fleeing their countries, to stay and learn a trade that would be useful to themselves and family.

    In response, operatives of the Department of State Security (DSS) and the police who received the protesters  thanked them for conducting themselves peacefully and promised to communicate the group’s concerns to the appropriate quarters. They urged them to hang the association’s banner at the Unity Fountain so that people could read and get our message.

    Relatedly, a similar protest also held in Victoria Island, Lagos at the weekend. The members of the group marched from Four Point by Sheraton Junction to the old Libyan Embassy at Landmark Events Centre to Etim Inyang Crescent back to their take off point.

    Its National Legal Adviser Chief Hope Aliyu also reiterated the injustice meted to Nigerians in the African country, urging for a stop and for the Federal Government to assist those who were maltreated.

     

     

  • ‘Building courtrooms in prisons won’t solve decongestion’

    Former Lagos State Solicitor-General Lawal Pedro (SAN) has faulted the Federal Government’s plan to establish courtrooms within prison premises.

    He said this would only amount to an expensive adhoc exercise that would not solve prison congestion.

    Office of the Attorney-General of the Federation is considering building courtrooms within prison premises across the country.

    But Pedro, who spoke on Factfile on Raypower,  suggested that other approaches, such as putting all criminal trials on fast-track mode and devolution of powers to allow state build and manage prisons should be considered.

    “Building a courtroom inside the prison will not solve the problem of prison congestion. It will simply amount to an adhoc exercise. What happens thereafter? Rather than do that, the judiciary should put all criminal trials on a fast-track mode.

    “With due respect to Mr. President, prison congestion being a scandal is no longer news to anyone. My take on this matter is that the role of the judiciary is secondary. The other arms of government has the primary responsibility in decongesting the prisons.

    “Take the National Assembly for example. It  has been working against devolution of power to the state in the ongoing constitutional amendment, by which issues such as Prison and  the congestion of the prisons will come under the concurrent legislative list in the Constitution,” he said.

    Pedro said Nigeria lacked the necessary database to effectively run a parole system.

    “I am sorry but in Nigeria where we lack data, that cannot work. In all other countries where parole system operates, they have the right data of all their citizens.

    “As at now, we don’t even know our real population figures. So, imagine if someone is given parole in Lagos and he runs to Sokoto and changes his name, how do you trace him?”

    He said what should be done is to harmonise all the data collected by various agencies, stressing that with the right data, parole can be considered as a way of decongesting the prisons.

    The former Solicitor-General suggested that the National Assembly should consider delegation of duties to the states in the on-going constitutional amendment.

    He urged the law makers to consider amending the Prisons Act to devolve powers from Federal Government to the states.

    To him, states should establish and maintain prisons.

    “Pending when constitutional amendment comes, that will go a long way in the management of the prisons. The same thing should also go for the Police Act.

    “The Police Act can be amended to ensure that the commissioner of police or even Assistant Inspector-General of Police in a state is subject to the control of the state Attorney-General as far as the administration of criminal justice is concerned.

    “Imagine a matter pending in court and you are told that the Investigating Police Officer (IPO) has been transferred to somewhere in the North while the officer is to testify in a matter in Lagos. How does that officer get to Lagos?

    “So, before any police officer involved in an ongoing matter is posted out of the state, the Attorney-General of that state must give a clearance that he has no pending matter in court before the officer is posted out. This is another factor responsible for delays in the administration of justice,” he said. Pedro said long adjournment of criminal trials while the defendant is in custody should be stopped.

    “If after 30 days of arraignment and the prosecution is not ready to proceed with the trial, the court should be allowed to set the defendant free with the exception of cases for murder, treason and other heinous crimes,” Pedro added.