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Category: Law

  • A platforn for legal scholarship 

    A platforn for legal scholarship 

    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.

  • Court rejects presidential panel’s request to freeze firm’s accounts

    Court rejects presidential panel’s request to freeze firm’s accounts

    •Firm queries probe by EFCC, others

    Federal High Court in Abuja has rejected the request of the Special Presidential Investigation Panel for the Recovery of Public Property (SPIPRPP) for an interim forfeiture order on about nine accounts of Blaid Properties Limited, in Access Bank Plc.

    Justice Adeniyi Ademola rejected the prayer in an ex-parte ruling he gave on December 5 in the suit marked: FHC/ABJ/CS/1114/17, after listening to the applicants’ lawyer, Louis Ezionye.Other applicants in the case  are the Federal Government  and Attorney-General of the Federation (AGF).

    Before the ruling, the court  declined  to hear Blaid Properties’ lawyer, Ade Adedeji (SAN), because the application was ex-parte, (only applicant can be heard). The judge relied on the Supreme Court’s decision in: 7Up Bottling Company Ltd vs. Abiola and Sons Limited (1995) 3 NWLR part 383 at 275.

    Justice Ademola rejected the applicants’ prayers contained in reliefs one and two, but granted the third relief,  that the applicants must publish, in two national dailies, a notice inviting anyone with interests in the funds, in respect of which they had sought a forfeiture order, to show cause why a final order should not be made forfeiting the funds to the government.

    The first rejected relief was a prayer for an order of interim forfeiture of the funds.

    The other was a prayer for an order directing the service of the interim forfeiture order on the directors of Access Bank, “ordering them to stop all outward payments from the subject accounts and to immediately deliver to the court, the statement of accounts, accounts opening package, all investment portfolios (with certificate of authentication and other relevant documents) as at the date and time of service of the court order on them.”

    Justice Ademola adjourned to December 22 for hearing of all pending applications, including one by Blaid Properties, challenging among others, SPIPRPP’s sudden interest in its bank accounts, which, it said, had been investigated by the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and other related offences Commission (ICPC), without any unpleasant discovery.

    According to court documents, the EFCC investigated the same set of accounts last year, during which Justice Ademola, on July 1, 2016, in an application marked: FHC/ABJ/CS/432/2016, granted it an interim forfeiture order in relation to the accounts, numbering 14, held by Blaid Properties, Blaid Construction Ltd and one of their directors: Ochuko Oghene Momoh, in Access and Diamond banks.

    Although the interim forfeiture order was meant to last for three months, the EFCC, after the conclusion of its investigation, never returned to the court for either a renewal of the forfeiture order or for permanent forfeiture of the funds. It also did not return to the court with its findings.

    Court documents, sourced by The Nation, also revealed that the ICPC had developed interest in the same set of accounts in 2015, particularly those held by Blaid Construction and one of its directors: Mrs. Ochuko Momoh, in Ecobank Plc, and was investigating them until the EFCC came in in 2016.

    The Nation found that, although the ICPC seized the accounts in Ecobank since September 23, 2015, it only, last April 6, filed an ex-parte motion marked: FCT/HC/M/5388/17 for an interim forfeiture order in respect of the accounts, which Justice Olukayode Adeniyi of the High Court of the FCT in Apo, granted on June 14.

    Blaid and Mrs. Momoh later challenged the interim forfeiture order, alleging among others, that the ICPC obtained the order by fraud, through concealment of facts from the court, a position Justice Adeniyi upheld in his subsequent ruling on November 6 this year and set aside the forfeiture order.

    In his November 6 ruling, Justice Adeniyi said; “On the basis of the totality of the facts presented by both parties, particularly facts emerging from the counter affidavits filed by the applicant (ICPC) against the affidavit to show cause, filed by the respondents (Blaid Construction and Mrs. Momoh, and the relevant provisions of the ICPC Act under review, the court us satisfied of the following facts:

    • That the applicant (ICPC) concealed facts, in obtaining from the court, the interim forfeiture order made on 14/06/2017 against funds in the 2ndrespondent’s (Blaid Construction’s) account with Ecobank.
    • That prior to the filing of the ex-parte application for forfeiture of the 2ndrespondent’s assets with Ecobank, the respondents have satisfactorily explained to the applicant details of her business activities to which the funds in her account at Ecobank are related, hence the request by the applicant for the respondent to provide a bond to secure the funds, which was provided.
    • That the funds in the account of the 2ndrespondent with Ecobank was not being used in pursuit of commission of any known offence provided in sections 8 to 19 of the ICPC Act or any other law for that matter.

     

  • Overview of administration of criminal justice law

    Overview of administration of criminal justice law

    Introduction

    Lagos State first introduced the Administration of Criminal Justice Law, 2007 and the Law was reenacted in 2011 (ACJL) to govern criminal proceedings in Lagos State.

    This Law brought radical changes into the administration of Criminal Justice in Lagos State with several provisions aimed at improving the administration of Criminal Justice in the state.

    In the words of Chief Wole Olanipekun (SAN), one of the best lawyers around these climes in “Promoting a pace-setting and productive judiciary in Lagos State”, a keynote address the doyen of the bar delivered recently on the occasion of the Opening of the 2017/2018 Legal Year of the Lagos State Judiciary:

    “The ACJL has introduced several innovations aimed at fast-tracking justice delivery, with a concerted effort at the preservation of rights of accused persons. For instance, under Section 9 of the ACJL, the confessional statement of an accused person must be captured via the use of video technology or video recording. In the absence of such video recording, such confession must be in writing, in the presence of the accused person’s legal practitioner. Failure to comply with the mandatory provision of Section 9 of the ACJL would render any such confession inadmissible in Court. This position has been affirmed by the Court of Appeal in Zhiya V. People of Lagos State. It is, therefore, not surprising that the Federal Government promptly adapted almost word-for-word, the ACJL, and enacted same as the Administration of Criminal Justice Act, although without acknowledging Lagos State as the initiator! A classical display of federal might indeed!!”

    If this is so, it accords with common sense to focus primarily on the Lagos Law and draw comparisons with the federal Act (ACJA) wherever necessary in this treatise and I intend to do that.

     

    Administration of Criminal

    Justice In Nigeria

    Criminal Law is an aspect of Public Law which is a specialised body of rules on treatment of conduct which the statutes seek to punish, prevent and or control. The state, as representative of society acts positively to ensure enforcement. For this purpose, the state employs the police, judges and magistrates, prosecutors and prisons.

    Even though the Lagos Law did not specifically state the ACJL the purpose stated in ACJA clearly dovetails with the intention of the ACJL. Section 1 of ACJA made it clear that the purpose of the Act is “to ensure that the system of administration of criminal justice in Nigeria promotes efficient management of criminal justice institutions, speedy dispensation of justice, protection of the society from crime and protection of the rights and interests of the suspect, the defendant and the victim”. See the case of Zubairu v. The State (2015) 16 NWLR (Pt. 1486) at 524 Paras. B; where the Supreme Court noted  “Let me start with the two fold aim of criminal justice: that the guilty shall not escape or the innocent suffer. See Berger v. US 1942 cited in US v. Nixon, President of USA 418 US 683.” – PER NGWUTA, J.S.C.

    The point to note though is that prior to the enactment of these forward looking legislations, the operations of the Criminal Procedure Act (CPA) and Criminal Procedure Code (CPC) had been fraught with numerous challenges. For example issues like coerced and involuntary confessions, court congestion, delays in trial, detention of awaiting trial suspects and accused persons standing trial without legal representation, inefficient and ineffective prosecutors and corruption of the system gave everyone involved a lot of concern.

    Lawyers are also very important in the complicated business of administration of criminal justice as almost everyone in the process were first and foremost Lawyers. It amounts to little that they have become Judges, Magistrates and Prosecutors. The defence counsel is also part of the critical core. The point to take away from this is that if we must have an efficient criminal justice system as the ACJL and ACJA tries to entrench in our polity, the men on the chain all along the line must be men who are willing to birth the dream of the ACJL and ACJA.

     

    Critical provisions of the ACJL/ACJA:

    The ACJL deviated from the norm. It made provisions that are alien to the Criminal Procedure Law which hitherto governed the administration of criminal justice in Lagos State. The ACJA which followed later made many similar provisions repealing by the provisions of Section 493 the Criminal Procedure Code and the Criminal Procedure Act which hitherto governed criminal prosecutions in the Southern and Northern States respectively.  Any proceeding now commenced under these laws from the date of the commencement of ACJL/ACJA, irrespective of the date of gazetting will be void. See Akingbola v. FRN (2012) 9NWLR (Pt. 1306) 511, C.A. where the Court of Appeal held that any proceeding in Lagos State under the Criminal Procedure Law, repealed by the Administration of Criminal Justice Law of Lagos State 2007 was void.

    The ACJL in section 374 repealed the Criminal Procedure Law long before the Federal Government repealed the equivalent federal law in 2015.

    We will now proceed to briefly consider some of these salient provisions that should aid speedy and efficient administration of criminal justice in Lagos State in particular and Nigeria in general.

     

    Abolition of Arrest in Lieu:

    Section 4 of the ACJL provides that “no person shall be arrested in lieu of another person”. This was a regular practice of law enforcement agents akin to ‘hostage taking’ which has been widely condemned but has now been prohibited. No longer can the Police arrest a spouse or other relation to smoke out a suspect.

    Section 7 of ACJA has a similar provision. See African Continental Bank Limited v. Okonkwo (1997) 1 NWLR (Pt. 48) 197 for a judicial reprimand of the police who arrest others in place of a suspect.

     

    Prohibition of Arrest in Civil and Contractual Cases: Section 8 (2) of ACJA makes a very laudable provision to the effect that “a suspect shall not be arrested merely on a civil wrong or breach of contract”. It has become the past time of many Nigerians with the connivance of law enforcement agents to use their powers to harass citizens where contracts fail or loans remain unpaid. The Court held in A.C (O.A.O) Nig Ltd. v. Umanah (2013) 4 NWLR (Pt. 1344) 323 that “the statutory duties of the police under the Police Act is to maintain peace, law and order in the society. Debt collection or loan recovery is not within the purview of the statutory duty and powers of the police”.

     

    Inventory of Properties:

    Section 6 of ACJL makes a further provision to protect the interest of the suspect as it mandates the police upon the arrest of a person to take the inventory of all items or properties recovered from the person arrested or about to be arrested. The police officer making such an inventory must sign same and the person arrested, his legal representative or any other person he chooses shall be given a copy of the inventory.

     

    Section 10 ACJA went a bit further than the Lagos Law to provide that the suspect must duly sign the inventory. However, where the suspect refuses to sign, it shall not invalidate the inventory. It permits the police to release such property on bond upon request by either the owner of the property or parties having interest in the property. The Court may decide whether to release the property or any portion of the property in the interest of justice to the safe custody of the owner or person having interest in the property.

    This provision is aimed at protecting the property rights of suspects and to make the police or any other law enforcement agency making the arrest transparent and accountable.

    The Duty of the Police to Ensure Video Recording of Confessional Statements:

    In a radical provision to combat the often reported menace and human rights abuse whereby the police force confessions and torture suspects to confess to crimes they probably did not commit which may lead to conviction and time in jail as the best evidence in criminal proceedings especially in our clime where forensic evidence may not be available is the confessional statements, the Law placed a onerous duty on the police to ensure video recording of confessional statements.

    Section 9 (3) of the ACJL provides that “where any person who is arrested with or without a warrant volunteers to make a confessional statement, the police shall ensure that the making and taking of such statement is recorded on video and the said recording and copies thereof may be produced at the trial provided that in the absence of video facility, the said statement shall be in writing in the presence of a legal practitioner of his choice”.

    One can only begin to appreciate the great good this provision has done if one has ever been involved in criminal prosecutions where most of the evidence you have is the confessional statement of an accused person who continues to maintain that the statement was not voluntary and yet you have the police who swear that the suspect made a voluntary statement. Trial within trial is not really a pleasant affair for the defence counsel.

    The eminent justice of the Supreme Court Rhodes – Vivour, JSC in Owhoruke v. COP 15 NWLR (Pt. 1483) 557 at 570 empathized with defendants and the defence counsel thus: “it must be noted that most crimes are committed by people with little or no education, consequently they are easily led along by the investigating Police Officer to write incriminating statements which legal minds find almost impossible to unravel and resolve. Confessional statements are most times beaten out of suspects, and the courts usually admit such statements as counsel and the accused are unable to prove that the statement was not made voluntarily. A fair trial presupposes that police investigation of the crime for which the accused person stands trial was transparent. In that regard it is time for safeguards to be put in place to guarantee transparency. It is seriously recommended that confessional statements should only be taken from suspect if, and only if his counsel is present, or in the presence of a legal practitioner. Where this is not done such a confessional statement should be rejected by the court”.

    ACJA made a similar provision in Section 15 (4) as follows “where a suspect who is arrested with or without warrant volunteers to make a confessional statement, the police officer shall ensure that the making and taking of the statement shall be in writing and may be recorded electronically on a retrieval video compact disc or such other audio visual means.

    Note though that Section 8 (1) ACJA already provides that “a suspect shall be accorded humane treatment, having regard to his right to the dignity of his person and not be subjected to any form of torture, cruel, inhuman or degrading treatment”.

    It does appear that compared to the provisions of the Lagos Law, ACJA does not make electronic visual recording mandatory. This is why Section 15 (5) is a provision that waters down Section 15 (4) of ACJA. It provides, “notwithstanding the provision of Subsection (4) of this section, an oral confession of arrested suspect shall be admissible in evidence”.

    At the time ACJL came into force in Lagos State, many thought this provision offended the rules of evidence over which only the federal legislature superintends as it was clearly incongruous with the provisions of Sections 28 and 29 of the Evidence Act. Thankfully the Federal legislature in enacting ACJA validated the forward looking and pragmatic initiative of Lagos State with ACJL in line with the reasoning of the Court of Appeal in 2010 when it became an issue of whether a lacuna in the Evidence Act can be positively resolved by a judicial pronouncement when it held in FRN v. Fani Kayode (2010) 14 NWLR (Pt. 1214) 481 at 492  “while judges must refrain from attempting to make laws from the bench, they must not shy away from adopting a proactive approach to the interpretation of the law. Judicial officers must not place on themselves, disabilities not imposed by the law.”

    The Court proceeded further “I think, it was the veritable Lord Denning MR, who in his notoriously erudite and visionary characteristics aptly remarked thus – ‘What is the argument on the other side? Only this, that no case has been found in which it has been done before. That argument does not appeal to me in the least. If we never do anything which has not been done before, we shall never get anywhere. The law will stand still whilst the rest of the world goes on: and that will be bad for both.’ See Packer v. Packer (1954) 15 at 22″

    The Court went on to hold that computer generated documents in keeping with modern times, the great leap and advancement in technology though not envisaged and provided for in the old Evidence Act were none the less admissible so long as they emanate from proper custody and are relevant to the facts in issue.

    The Evidence Act was eventually amended in 2011 and in Section 84 (1) provided “in any proceedings, a statement contained in a document produced by a computer shall be admissible as evidence of any fact stated in it of which direct oral evidence would be admissible, if it is shown that the conditions in subsection (2) of this section are satisfied in relation to the statement and the computer in question”.

    The only other issue to note here is that the mere requirement that a Lawyer be present when statements are taken needs to be qualified. Mere presence will amount to nothing if the Lawyer cannot guide the suspect especially where direct questions which if answered may amount to self incrimination are thrown at the suspect.

    However Section 17 ACJA provides that the legal practitioner present shall not interfere while the suspect is making his statement, except for the purpose of discharging his role as a legal practitioner. One may therefore ask, what is his role as a legal practitioner in the circumstances?

    Plea Bargain and Sentence Agreements:

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

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

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

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

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

     Collection, Storage of Data and Record of Arrests:

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

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

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

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

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

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

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

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

    Section 29 (1) – “the inspector- General of police and the head of every agency recognized by law to make arrests shall remit quarterly to the Attorney-General of the Federation a record of all arrests made with or without warrant in relation to federal offences within Nigeria.

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

    (3) – “the report shall contain the full particulars of arrested suspects as prescribed by Section 15 of this Act.

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

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

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

    Report to Supervising Magistrate, Chief Magistrate Visit to Police Station, and Returns by Comptroller – General of Prisons:

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

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

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

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

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

    Legal Advice:

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

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

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

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

    Simplification of Bail Processes:

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

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

     

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

     

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

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

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

     Remand Proceedings:

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

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

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

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

    Abolition of Lay Prosecutors:

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

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

     

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

     

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

     

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

     

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

     

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

     

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

     

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

     

    Legal Aid:

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

    The OPD has such powers as:

    1. a)      The provision of legal aid services and advice;
    2. b)      To receive complaints from individuals or by referrals from government and private institutions;
    3. c)       Investigate complaints and referrals made to it and to prepare necessary legal documents;
    4. d)      Negotiate settlements or give necessary legal advice in alternative dispute resolutions, etc.

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

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

    CONCLUSION:

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

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

     

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

     

     

     

  • Kutigi wins NBA/Gani Fawehinmi human rights award

    Former Chief Justice of Nigeria (CJN) Justice Idris Legbo Kutigi has won the Nigerian Bar Association (NBA)/Gani Fawehinmi Signature Award for human rights and social justice in commemoration of the International Human Rights Day.

    NBA President Abubakar Mahmoud (SAN) said Justice Kutigi stood by the rule of law while in office.

    “He has not only attained distinction in public interest work and demonstrated boldness, courage, independence, and innovation, but has also during his short period of service as the CJN shown commitment to the promotion of the rule of law and protection of human rights in the enactment of the Fundamental Rights Enforcement Procedure Rules 2009.

    “It expanded the human rights field and created flexibility in its application, removing all technicalities like locus standi, thereby facilitating access to justice and making it easy for third party enforcement of right violations.

    “ It is for this reason that he was nominated by several individuals and organisations and the NBA Human Rights Institute found him worthy for the Gani Fawehinmi Signature Prize/Award of the NBA for which he has emerged winner,” Mahmoud said.

    Justice Kutigi’s son, Justice Abubakar Kutigi, received the award on his father behalf.

    At the event, which held in Abuja were Bar leaders and members of the human rights community.

    They include Chairman, NBA Human Rights Instutute, Mr. Caleb Dajan, NBA Second Vice President Monday Onyekachi Ubani, Prof. Mohammed Tabiu, Prof. Ernest Ojukwu (SAN), Acting NBA Executive Director  Salamatu Sidi, Acting Executive Secretary, National Human Rights Commission (NHRC), represented by Director, Legal Services and Enforcement, Mr. Olaniyi Omodara, among others.

     

     

  • Abubakar to pilgrims: obey host country’s laws

    Bauchi State Governor Mohammed Abubakar has urged pilgrims to obey their host countries’laws.

    He gave the charge while addressing Christian pilgrims at the Government House in Bauchi.

    They include those on pilgrimage to the holy lands of Rome, Greece and Israel.

    The governor warned them against abscondment.

    “It will be wrong if you choose to abscond and seek to remain in the holy lands, or indeed relocate elsewhere in search of greener pastures,” he said.

    The governor  warned that such an act would not be condoled.

    “We shall not allow such irresponsibility,” he said.

    Abubakar urged them to be ambassadors of the state and shun any act that can tarnish its image.

    “Our expectation is that you will serve as respected citizens of Nigeria that you represent and obey the laws of your host country.  Your journey to the holy land is sacred.

    “We therefore expect you to pray fervently for the restoration of all that is good, development, health of leaders in the state and Nigeria.

    “I want to urge you to be of humble character and reverence in your conduct on this pilgrimage,  be observant and note the elements that make the holy land a very compelling attraction for pilgrims all over the world.”

    The Bauchi State Christian Pilgrims Welfare Board Chairman, Daniel Shawulu, praised the governor for the opportunity given them to embark on pilgrimage to Rome, training of staff and continued support to the board.

    He also appealed to the governor to provide the board with an office accommodation in the capital.

    Meanwhile, Abubakar has mourned  the Emir of Katagum Alhaji Kabir Umar.

    A statement by his Adviser, Media and Strategy, Ali M. Ali, reads: “Certainly, his death has created a vacuum that will not easily be filled given his exemplary lifestyle and conduct.

    “He lived according to the sunnah of the holy Prophet Muhammad (PBUH). His death came at a time when his wise counsel and contributions to the development of the state in particular and the nation in general were most needed.

    “His death is not only a loss to the katagum emirate, but the entire nation.  He will be remembered for some many reasons.”

     

     

     

  • Wanted: Globally compliant arbitration law

    Arbitration experts have met in Lagos on how to make Nigeria an arbitral hub, asking that the extant law be reviewed, reports JOSEPH JIBUEZE.

    Arbitration as a quick means of resolving commercial disputes has gained global renown.  In Nigeria, it is still a long way to go, especially with regard to enforcements of awards (arbitral verdicts), experts say.

    The Arbitration and Conciliation Act (ACA), they said, must be globally compliant.

    They spoke at a conference organised by the Lagos Court of Arbitration (LCA) and Shearman and Sterling LLP.

    The theme was: International Arbitration in Nigeria: current practice under the New York Convention (NYC).

    Bringing the ACA up to date and addressing other court-connected challenges, speakers said, would reduce the need for multinationals to go outside the continent for arbitral hearings.

    Adewale Atake of Templars and Co., said for Nigeria to be a favourable arbitration centre, its laws must be user-friendly.

    He praised Nigerian courts for their disposition towards Article II(3) of the NYC, saying they have not fared badly in complying with the provision which encourages courts to refer cases to arbitration where necessary.

    However, Atake, who spoke on Article 11 (3) of the NYC: Where does Nigerian courts stand? said more needed to be done to bring Nigeria at par with other arbitration destinations.

    “If Nigeria must be regarded as pro-arbitration, comparative to other more liberal jurisdictions like France, there is a need to make some legislative reforms to the ACA.

    “Particularly, Section 5(2), which places the burden on the party seeking to enforce the arbitration agreement to demonstrate its willingness to arbitrate the dispute before the court can refer the parties to arbitration, should be amended.

    “In my view, the burden should be placed on the party who has rushed to court in breach of the arbitration agreement to demonstrate why he should not be held bound by the arbitration agreement he freely entered into,” he said.

    A partner at Aelex Legal Practitioners and Arbitrators, Mrs Funke Adekoya (SAN), said Section 54(1) of the ACA recognises the NYC, formally known as the Convention on the Recognition and Enforcement of Foreign Awards.

    According to her, the successful enforcement of foreign awards is hinged on the mastery of the procedural rules of the legal system.

    “Nigerian courts take procedural requirements seriously. It is a common position of the courts that procedural rules aid the proceedings of the court and are meant to be obeyed.

    “It is, therefore, important that any party requiring the recognition and enforcement of a foreign arbitral award should be aware of the national procedural rules that will apply,” she said.

    Adekoya said the NYC lays down enforcement principles, while the United Nations Commission on International Trade Laws (UNCITRAL) fashions out arbitration law for countries.

    “It does not include how to enforce it. It states the basis upon which an award can be set aside, but the NYC sets out the procedure where you can have an award in Nigeria and enforce it in London, South Africa, Israel and vice versa.

    “So, it is the enforcement across countries that the convention deals with,” she stated.

    She added that Article III of the NYC allows the country of enforcement to establish rules of procedure for recognition and enforcement.

    Adekoya added: “In many other countries, awards are enforced voluntarily; the person who loses complies, but in Nigeria, we still have that litigation element to a large extent.

    “Especially where the award is from abroad, you find out that they don’t want to comply voluntarily with the award, so they have to enforce it.

    “It means that parties can voluntarily submit themselves to arbitral panel but at the end of the day refuse to comply with award

    “So, what we are trying to do is to make people realise that the fact that you have chosen your ‘judge’ does not mean his judgment will be for you. We need a lot more education on that side.”

    On whether arbitration is applicable to marital disputes, she said: “Arbitration is for commercial relationships; it does not apply to relationships that affect the status of a party. It can’t apply to marriage, tax – those types of relationship where the government has a stake.

    “In other countries, you have arbitration agreement in respect to the financial aspect of the marriage but not the status of the person.”

    On Nigeria’s stake in the NYC, she said: “It is voluntarily for parties to sign onto it. Nigeria signed on in 1970 and the NYC has the largest number of countries in the world that have signed onto it. The number is about 159 countries now. The convention came in 1958.”

    A partner at the firm of Aluko & Oyebode, Hamid Abdulkareem, who spoke on Enforcement of foreign arbitral awards in Nigeria: the influence of the NYC, noted that NYC’s application was yet to be well documented in Nigeria.

    “There is paucity of reported Nigerian case laws concerning the application of the NYC.

    “This would appear to be because most enforcing parties simply apply for enforcement of foreign awards on the basis of Section 51 of the ACA,” he said.

    However, a number of court decisions, he said, tally with the convention’s provisions.

    A practitioner, Isaiah Bozimo, who discussed NYC’s influence on the enforcement of arbitration agreements in Nigeria, regretted that Nigeria’s rating in the comity of arbitration-friendly countries was low.

    He referred to the 2016 ICC Dispute Resolution Statistics which states that only one of 187 arbitration hearings involving African parties was resolved in Nigeria.

    According to him, a country’s track record in enforcement of arbitration agreements and awards is one of the factors that influence the choice of arbitral seats.

    Another factor, he said, is a neutral and impartial legal system backed with up-to-date arbitration laws. Availability of specialised lawyers and arbitrators and modern hearing facilities, are other factors, he added.

    An international arbitrator and founder of Shearman & Sterling LLP, Prof Emmanuel Gaillard, who gave an international perspective on current practice under the NYC, said the convention was put together to facilitate the recognition and enforcement of foreign arbitral awards in member countries.

    According to him, it is “the the most important and successful United Nations treaty in the area of international trade law and the cornerstone of the international arbitration system.”

    “The convention’s principal aim is to oblige state partners to ensure non-discrimination of foreign and non-domestic arbitral awards, such that these awards are recognised and are generally capable of enforcement in their jurisdictions as are domestic awards,” he said.

    Gaillard said on the sidelines that more arbitral hearings can hold on the continent if good laws are put in place, judges help in enforcement of artibitration clauses and awards, and infrastructure is further developed.

    “There are lots of African parties involved in arbitration and a lot of that goes outside of Africa. That should change. To change that, this country should be serious about it. There should be a tweak to the law to make it more arbitration-friendly. The law is to be sold outside the country.

    “One idea would be for us to centralise the jurisdiction of certain courts to have competence in arbitration. This would help judges get exposed to arbitration and develop a case law,” he said.

    Gaillard said NYC does not need an amendment “because it has sufficient flexibility to be a pride in different countries”.

    On Nigeria’s international commercial arbitration potential, he said: “I think that at the moment, there is no country in Africa which has emerged as the original centre or as an international centre. You need good infrastructure to conduct arbitration.

    “Here (LCA), you have a wonderful centre. It is really good that the state has invested. We need a good law, and good judges for arbitration.

    “Judges need to support arbitration. There are certain cases which are favourable for arbitration. The judges need to realise that it is an important economic activity which needs to be supported and, frankly, it is a legitimate way to solve dispute.

    “But it is not a competition between the courts and arbitrators. The courts in many countries support arbitration. The courts are there to supervise the process,” he said.

    According to him, a dispute between a Cameroonian company and a Chinese firm can be resolved in Nigeria rather than London or Paris as is the case.

    “Why not here in a neutral place? You (Nigeria) have nothing to do with Cameroon or China, so why not do it here? It will be very convenient to do it here. The premises you have is very good and it needs to be publicised as well,” he said.

    Judges’ skill in reviewing awards where necessary, he said, also needs to be sharpened. Besides, he said it also takes some marketing to make a country known as an arbitral centre.

     

  • Trafficking in Persons (Prohibition), Enforcement and Administration Act 2015

    PART III—Prohibition of acts of trafficking in persons

    All acts of human trafficking are prohibited in Nigeria.

    Any person who recruits, transports, transfers, harbours or receives another person by means of- (a)     threat or use  of force  or other forms  of coercion; (b)     abduction, fraud, deception, abuse of power or position of vulnerability; or (c)    giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for  the purpose of exploitation of that person, commits an offence and is liable on conviction to imprisonment for a term of not less than two years and a fine of not less than N250,000.

     

    Part  IV—Offences and penalties

    Importation and Exportation of person.

    Any person who (a)     imports another person into Nigeria, knowing or having reason  to know  that the person will  be forced or induced into prostitution or other forms of sexual exploitation in Nigeria or while in transit; or (b)   exports another person from Nigeria, knowing or having reason  to know, that the person will be forced or induced into prostitution or other forms of sexual exploitation in the country to which the person is exported or while in transit, commits an  offence  and  is  liable on conviction to imprisonment for a term of not   less   than   five years  and  a fine  of not  less than  N1,000,000.

    Abuse, procurement or recruitment of person under 18 years for prostitution or other forms of sexual exploitation.

    16.—(1) Any person who procures or recruits any person under the age of 18 years to be subjected to prostitution or other forms of sexual exploitation with himself, any person or persons, either in Nigeria or anywhere else, commits an offence and is liable on conviction to imprisonment for a term of not less than seven  years and a fine of not less than N1, 000,000.

    Any person who procures or recruits any person under the age of 18 years to be conveyed from his usual  place of abode, knowing or having reasons to know that such a person  may be  subjected or induced  into prostitution or other forms  of sexual   exploitation  in  any place  outside Nigeria, commits an  offence and  is  liable on conviction to imprisonment for a term of not less than seven years and a fine of not less than N1,000,000.

     

  • Breach of contract: Court awards N2.6b to firm

    The Federal High Court in Lokoja, Kogi State, has ordered Dangote Group Plc and three of its subsidiaries to pay N2,697,125,000 to a mining firm over breach of contract.

    The other subsidiaries are Dangote Cement Plc, Obajana Cement Plc, and Dangote Industries Plc.

    Justice Phoebe Ayua made the order in a judgment on a suit filed in 2014 by a mining company, Quest Two Enterprises Ltd and its Chief Executive Officer, Sir Paul Akanegbu.

    The plaintiffs claimed various sums for breach of contract, special damages and specific performance of Dangote’s obligations contained in two Memoranda of Understanding dated January 2, 2014 and February 10, 2014.

    Dangote had counterclaimed for N3billion, stating that the plaintiffs’ action in constructing and erecting electricity poles and other structures amounted to trespass on their mining lease area.

    The court dismissed their counterclaim. The judge noting that during trial, Dangote’s sole witness, the group’s General Manager Mr Victor Mohan, admitted under cross-examination that his employers, with a promise of paying compensation, had dismantled the plaintiffs 33KVA power lines, an act which shut down the plaintiffs’ mining operations since 2014.

    The judge held that the defendants failed to pay any compensation to the plaintiffs.

    Lagos lawyer, Pius Ugochukwu Nnoli represented the Plaintiffs; Noah Abdul from the firm of O. J. Onoja (SAN) represented the defendants.

    The court, following a motion filed by the judgment-creditor for enforcement of the judgment, has also granted a Garnishee Order Nisi against 21 banks where the judgement-debtors may have funds for attachment to satisfy the judgment debt.

    But, Dangote Group’s defence team have filed a Notice of Appeal at the Court of Appeal, Abuja Division.

    They have also brought an application before the lower court for stay of execution of the judgment.

    The application will come up on January 9 next year.

     

     

  • 215 join Chartered Arbitrators

    The Nigerian Institute of Chartered Arbitrators (NICARB) has welcomed 215 new Fellows (FCArb), Members (MCArb), Associates (ACArb) and Qualified Mediators (Q.Med) at its yearly investiture and awards.

    The ceremony, which held in Lagos on Friday, also featured the conferment of awards in various categories.

    Guests at the event included the Chief Justice of Nigeria (CJN) Walter Onnoghen, Supreme Court Justices Bode Rhodes-Vivour and Clara Ogunbiyi, as well as Court of Appeal Justices.

    Others were Federal and State High Court judges, Senior Advocates of Nigeria (SANs), President of the Nigerian Society of Engineers (NSE), Otis Anyaeji and 39 other engineers; accountants, quantity surveyors, among others.

    Justice Onnoghen, who was represented by Justice Rhodes-Vivour, spoke on the theme ‘Ethics and professionalism in arbitration’.

    He noted that with the expansion in global trade and investments, and the associated growth of commercial arbitration, there is a growing interest in establishing national laws governing arbitration ethics.

    “It may therefore be a good idea to expressly extend the ethics provisions of the Rules of proffesional conduct for legal practitioners 2007 and even the Legal Practitioners Act 2007 to lawyers acting as third party neutrals in Nigeria,” Onnoghen added.

    NICARB President/Chairman of Council, Aare Afe Babalola (SAN), who was represented by the institute’s Vice President, Prof Fabian Ajogwu (SAN), lamented the ‘export’ of a “significant number of home-generated disputes.”

    “The quest to domesticate arbitration in Nigeria continues to drive the activities of this institute. It is our belief that the time has come for a reversal of this trend,” Babalola said.

    Justices Bode Rhodes-Vivour and Clara Ogunbiyi were conferred with the honourary Fellows of the Institute (FCArb) title.

    Ajogwu, who praised the “very impressive turnout” of all professions, said: “Almost 25 percent of the persons inducted this evening are engineers, showing that in our institute arbitration is not the exclusive reserve of lawyers.”

    Echoing Justice Onnoghen, Ajogwu urged arbitrators to uphold fairness.

    He said: “Once you sit in a quasi-adjudicatory manner, you have to observe the principle of fair hearing to hear both sides, to not be biased, to recuse yourself if you have a vested interest in the matter and there comes in ethics, doing things well.

    “The summation is that if we do things well, we will create a better enabling environment for businesses because businesses want to rely on disputes being resolved if and when they occur and do so efficiently.”

    NICARB Registrar/Chief Executive Officer, Shola Oshodi-John, explained the high turnout of non-legal practioners.

    She said: “We had over 40 engineers being inducted as arbitrators. Arbitration began like a gentleman agreement and the pioneers of arbitration were not lawyers, they were businessmen who felt they could resolve their disputes in a better way than dragging themselves to court and exposing their trade secrets to the world.

    “So, what you saw is nothing new. It’s common all over the world. In Europe, The United States and Asia, a lot of the arbitrators are not lawyers. Arbitration is a specialised field.

    “For instance you cannot get a lawyer to arbitrate on a dispute that has a lot to do with quantity surveying. If you want to talk about the value of a property, the number of blocks, iron rods, bags of cement, etc used in constructing it, you would need a quantity surveyor to give you those details, not a lawyer.”

     

     

  • Lawyers urge Lagos CJ to enforce disability law

    Lawyers urge Lagos CJ to enforce disability law

    The Association of Lawyers with Disabilities in Nigeria (ALDIN) has urged Lagos State Chief Judge (CJ), Justice Opeyemi Oke, to enforce the  Special People’s Law in the courts.

    In a November 8 letter to the CJ, the group identified what needs to be addressed to make court appearance less cumbersome for lawyers with disabilities.

    They include: accessibility, parking, flexibility of court proceedings, sitting arrangements, public functions and employment.

    ALDIN president Daniel Onwe, who signed the letter, said he hoped Justice Oke would address the issues, as previous Chief Judges did not acknowledge or act on the association’s letters.

    “Similar letters were written and received by the office of previous CJs on October 21, 2011, October 2, 2013 and December 11, 2015, but not even a reply was received,” Onwe told our correspondent.

    The association congratulated Justice Oke on her confirmation, and urged her to take the situation of lawyers with disabilities into consideration in achieving her “lofty vision” for the judiciary.

    On accessibility, ALDIN said the courts should be easy to get to by persons with disabilities in compliance with Section 24 of the Lagos State Special People’s Law.

    Sections 1 and 2 of the law provide: A person living with disability shall have the right and necessary facilities to access public building and public places; (2) No public building shall be constructed without the necessary accessibility aids such as lift (where necessary), ramps and others that shall make them accessible and usable to persons living with disability.

    On parking, ALDIN said Section 20(1) of the Law provides that one of 20 parking lots shall be properly marked and reserved for persons living with disability.

    “It may interest Your Lordship to know that it works severe hardshp, for instance, to make a person with disability to alight far away and then be subjected to a long walk to his or her destination because there is no available nearby parking space,” the group said.

    It further called for discretionary flexibility of court proceedings where, for instance, a counsel with visual impairment is involved and needs assistance.

    It said the sitting arrangment in courts should be such that counsel with disability should be allowed to take sits where it would be convinient  for them to address the court from.

    ALDIN also wants compliance with Section 14(1) of the Law which provides that organisers of any public function shall provide competent attendants who shall attend to persons living with disability.

    On employment, the group said: “There are lawyers with disabilities who may not be deposed to the hassle of private legal practice. Its our humble plea to consider such ones for employment.”

    ALDIN noted that at the Lagos State Secretariat and the Lagos State House of Assembly Complex, parking lots are reserved and conspicously marked for persons with disabilities, while accessibility facilities such as ramps are now common at public places in Lagos.

    “Unfortunately, there is no such compliance at court premises in Lagos State. Meamwhile, the  judiciary is expected to take the lead in complying with the Law,” ALDIN said.

    The group expressed confidence that, unlike the past CJs, Justice Oke would act on the letter.

    “We are hopeful, My Lord, that God has brought you at this point in time to make that desired difference, so that every lawyer in Lagos State, despite his or her disability status, would have equal opportunity to excel and aspire,” the associaiton added.